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HomeMy WebLinkAbout05-1502 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esquire PAId. No. 57494 1835 Market Street, 29th Floor Cumberland, PA 19103-2989 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company BAYVIEW LOAN SERVICING, LLC a Delaware Limited Liability Company 4425 Ponce De Leon Boulevard, 5th Floor Coral Gables, FL 33146 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, P A Plaintiff, CIVIL ACTION - EQUITY EJECTMENT v. CHARLES WRIGHT 433 North West Street Carlisle, PA 17013 AND TENANTS/OCCUP ANTS 433 North West Street Carlisle, P A 17013 NO. D~ - /.r~ OwL '----r-"ifl-I-v Defendant(s). NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 711400_1 LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONECOURTHOUSESQUARE,~HFLOOR CARLISLE, PA 17013 TELEPHONE: (570) 240-6200 A VISO Le han demandado a usted en la corte. Si usted qui ere defedarse de estas demandas expuestas en las paginas sigulentes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparesencia ascrita 0 en persona o con un abogado y entregar a la corte en forma asorica sus defenses 0 sue objeciones alas demandas en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y pueda continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte pueda decidir a favor del demandante y requiere que usted cumpia con todas las provisiones de esta demanda. Usted puede perder dinaro 0 sus propiedades u ostros derechos importantes para usted. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE, 4TH FLOOR CARLISLE, PA 17013 TELEPHONE: (570) 240-6200 obert J. PA Id. N 574 4 1835 Mar et Street, 29th Floor Cumberland, PA 19103-2989 Telephone Number (215) 563-4470 Telecopier Number (215) 568-1044 E-Mail: rmurtaugh({lJ.harvpenn.com Attorneys for Plaintiff Date: March JL, 2005 711400_1 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esquire PAId. No. 57494 1835 Market Street, 29th Floor Cumberland, PA 19103-2989 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company BA YVIEW LOAN SERVICING, LLC a Delaware Limited Liability Company 4425 Ponce De Leon Boulevard, 5th Floor Coral Gables, FL 33146 : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION - EQUITY EJECTMENT v. CHARLES WRIGHT 433 North West Street Carlisle, P A 17013 AND TENANTS/OCCUPANTS 433 North West Street Carlisle, PA 17013 NO. 05' - /S6;).. (!IU~L~~ Defendant(s). COMPLAINT IN EJECTMENT AND FOR POSSESSION OF REAL PROPERTY NOW COMES the Plaintiff in the above-captioned matter, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company ("Plaintiff'), by and through its attorneys, Harvey, Pennington Ltd., and files the Complaint in Ejectment and for Possession of Real Property avers as follows: 1. Plaintiff is Bayview Loan Servicing, LLC, a Delaware Limited Liability Company ("Plaintiff') with an address, for purposes of service, 4425 Ponce De Leon Boulevard, 5th Floor, Coral Gables, FL 33146. 2. Defendants, Charles Wright, and Tenants/Occupants (collectively the "Defendants") are adult individuals who reside at 433 North West Street, Carlisle, PA 17013. 7J 1400_1 3. The Property which is the subject of this action is located in the Borough of Carlisle, County of Cumberland, and Commonwealth of Pennsylvania as more particularly described in Exhibit "A" attached hereto. 4. On or about May 27,2004, Plaintiff, commenced a mortgage foreclosure action against the Unkonwn Heirs at Law of the Estate of Betty Wright, Deceased, in the Court of Common Pleas, Cumberland County, Commonwealth of Pennsylvania, at Civil Action No. 04- 696, on the Mortgage recorded at the Office for the Recording of Deeds in and for the County of Cumberland, in Mortgage Book 1429, at Page 525, et seq. 5. On October 7, 2004, judgment on the aforesaid mortgaged foreclosure action was entered against the Defendants for foreclosure and sale of the mortgage premises known as 433 North West Street, Carlisle, PA 17013 (the "Property"). 6. On October 27,2004, a Writ of Execution was issued to the Sheriff of Cumberland County directing him/her to expose the Property to judicial sale and that Writ together with the Notice of Sheriffs Sale was served upon the Defendants in this action on December 8, 2004. 7. A judicial sale of the Property was conducted by the Sheriff of Cumberland County at which Plaintiff was the purchaser on the Writ of Execution. Plaintiff has settled with the Sheriff and a Deed has been delivered granting a fee simple interest in the Property to Plaintiff. The Deed is in the process of being recorded with the Office of the Recorder of Deeds in and for the County of Cumberland and is incorporated herein as though same were set forth at length. A copy of the recorded Deed is unavailable to Plaintiff at this time, but same will be produced when it is returned from the Recorder of Deeds. 711400_1 8. By virtue of the aforesaid judicial sale and Deed, Defendants have been divested of all right, title and interest in and to the Property, including the right to possession of same. 9. Plaintiff is entitled to immediate possession of the Property by virtue of its fee simple ownership interest or equitable interest, both of which are superior to any interest of the Defendants. 10. Although demand has been made, Defendants have failed, refused and neglected and continue to fail, refuse and neglect to deliver up possession of the Property to Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendants, Charles Wright, and Tenants/Occupants, in Ejectment, for possession ofthe Property known as 433 North West Street, Carlisle, PA 17013, and for such other and further relief as is just and proper. Respectfully submitted, NINGTON LTD. Date: March J/;-, 2005 711400_1 VERIFICA nON I, Rosa Brito, am the Eviction Coordinator of Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, and, as such, I am of full legal age and authorized to make this verification on its behalf. I verifY that the averments contained in the foregoing Complaint in Ejectment are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. BA YVIEW LOAN SERVICING, LLC By: ~t!!J?zfo Rosa Brito, Eviction Coordinator Date: March~, 2005 7\ 1400_1 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, County of Cumberland, State of Pennsylvania, bounded and described as follows: On the North by Property now or formerly of the Heirs of Charles Shapley, Deceased; on the East by an alley; on the South by Property now or formerly of George McIntire; and on the West by North West Street. Extending in depth a distance of 100 feet from North West Street to said alley, and having a frontage on said North West Street, 200 feet, and having thereon erected a frame dwelling house known as No. 433 North West Street. TAX PARCEL NO. 06-20-1798-233 711400_1 .t.Q ~, Q, 0 8. 'c::> ~ V( ~7~ -\ P \ ,,", -;$ f,'If3 ~ ~~i=~' V ~ fi. \:.\ ~, ~r"\ ~?-.- ;.,: r-) ~'Q(? if( ~""l \ ---1 ~~f:> - ';.;..0 \) :r:\! - -.. r':. ...., \~{:~ <- \" (/1 ~ ~'CJ ~ ?J ~ :;.::,. v:> "7C~: -c.. .' ~ ~7 - 2 r:- - .... C> 1- SHERIFF'S RETURN - REGULAR CASE NO: 2005-01502 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAYVIEW LOAN SERVICING LLC VS WRIGHT CHARLES ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin says, the within COMPLAINT - EJECTMENT was served upon WRIGHT CHARLES DEFENDANT , at 1150:00 HOURS, on the 24th day of March at 433 NORTH WEST STREET CARLISLE, PA 17013 by handing to CHARLES WRIGHT , 2005 a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 r'~'~d<~~ R. Thomas Kline 03/28/2005 HARVEY PENNING~O. N ...../) / By : ., I ____ ! )i,'A/! lfeputy Sheriff Sworn and Subscribed to before me this of .~() HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esquire PA Id. No. 57494 th 1835 Market Street, 29 Floor Cumberland, PA 19103-2989 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company BAYVIEW LOAN SERVICING, LLC a Delaware Limited Liability Company th 4425 Ponce De Leon Boulevard, 5 Floor Coral Gables, FL 33146 COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A Plaintiff, CIVIL ACTION - EQUITY EJECTMENT v. CHARLES WRIGHT 433 North West Street Carlisle, PA 17013 AND TENANTS/OCCUPANTS 433 North West Street Carlisle, P A 17013 NO. 2005-01502 Defendant(s). PRAECIPE PURSUANT TO PA.R.CIV.P. RULE 1037(a) TO ENTER JUDGMENT BY DEFAULT AND FOR POSSESSION OF PROPERTY TO THE PROTHONOTARY: Please enter a Judgment, by Default, in favor of the Plaintiff, Bayview Loan Servicing, a Delaware Limited Liability Company, and against the Defendants, Charles Wright and Tenants/Occupants, pursuant to Pa.R.Civ.P. Rule 1037(a), for their failure to file an answer or other response to the Complaint in Ejectment which has been filed and served upon them in connection with the above-captioned matter, based upon the attached Certification of Counsel, for possession of the Real Property which is the subject of this action, and located at: 433 North West Street, Carlisle, P A 17013 713843_1 Respectfully submitted, HARVEY;>jNINGTON LTD. / ", ",/ ~. By: o ert J, au~, Esquire, PAId, No,: 57494 29th Floor, 1835 Market Street Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 E-Mail: rmurtaugh@harvpenn.com Attorneys for Plaintiff Dated: May 2, 2005 71384,_1 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esquire PA Id. No. 57494 th 1835 Market Street, 29 Floor Cumberland, PA 19103-2989 Telephone: (215) 563-4470 T elecopier: (215) 568-1044 Attorneys for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA BAYVIEW LOAN SERVICING, LLC a Delaware Limited Liability Company th 4425 Ponce De Leon Boulevard, 5 Floor Coral Gables, FL 33146 Plaintiff, CIVIL ACTION - EQUITY : EJECTMENT v. CHARLES WRIGHT 433 North West Street Carlisle, PA 17013 AND TENANTS/OCCUPANTS 433 North West Street Carlisle, PA 17013 NO. 2005-01502 Defendant( s). CERTIFICATION OF COUNSEL PURSUANT TO PA.R.CIV.P. RULE 237.1 IN SUPPORT OF PRAECIPE PURSUANT TO PA.R.CIV.P. RULE 1037(a) TO ENTER JUDGMENT BY DEFAULT AND FOR POSSESSION OF REAL PROPERTY NOW COMES the undersigned counsel of record for Bayview Loan Servicing, LLC, a Delaware Limited Liability Company and pursuant to Pa.R.Civ.P. Rule 237.1 files the following Certification in Support of its Praecipe to Enter Judgment by Default: 1. On March 21, 2005, Plaintiff commenced the above-captioned action by filing a Complaint in Ejectment against the Defendants, which was duly endorsed with a Notice to Defend (the "Complaint"). 2. On March 24, 2005, Plaintiff had the Cumberland County Sheriffs Office, personally serve the Complaint upon the Defendants, as appears from the Affidavit of Service, a true and correct copy of which is attached hereto, made a part hereof and marked as Exhibit "A. 3. On April 14, 2005, after the Defendants failed to file an answer or any response to the Complaint, I served the Defendants in accordance with Rule 237.1(a)(2)(ii), a Rule 237.5 Notice of Intent to File Praecipe to Enter Judgment by Default, by certificate of 713843_1 mailing via regular mail and a true and correct copies of which are attached hereto as Exhibit "B". 4. As of this date, Defendants still have not filed any answer or other response to the Complaint. I make this Certification on the basis of my own knowledge, and subject to the penalties for peJjury pursuant to 18 Pa.C.S.A. Section 4901 et~, and false swearing before notaries public pursuant to 18 Pa.C.S.A. Section 4903, and/or unsworn verification to authorities pursuant to 18 Pa.C.S.A. Section 4904, as applicable. I am aware that if any of the statements made herein are willfully false, that I am subject to such penalties. HARVEY. PENJHNGTON LTD. // ~ By: ugl;. squire, A Id. No.' 494 29th Floor, 835 Market Street Philadelphia, P A 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 E-Mail: rmurtaugh(@.harvpenn.com Attorneys for Plaintiff Dated: May 2, 2005 713&43_1 SHERIFF'S RETURN - REGULAR CASE NO: 2005-01502 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAYVIEW LOAN SERVICING LLC VS WRIGHT CHARLES ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon WRIGHT CHARLES the DEFENDANT , at 1150:00 HOURS, on the 24th day of March 2005 at 433 NORTH WEST STREET CARLISLE, PA 17013 by handing to CHARLES WRIGHT a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 .r~~ R. Thomas Kline day of 03/28/2005 HARVEY PENNING~..ONi..! By:, ,/} __ I .v~ I lfeputy Sheriff Sworn and Subscribed to before me this A.D. Prothonotary HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esquire PA Id. No. 57494 th 1835 Market Street, 29 Floor Cumberland, PA 19103-2989 Telephone: (215) 563-4470 Telecopier: (215) 568-\044 Attorneys for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company BAYVIEW LOAN SERVICING, LLC a Delaware Limited Liability Company 4425 Ponce De Leon Boulevard, 5th Floor Coral Gables, FL 33146 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiff, : CIVIL ACTION - EQUITY : EJECTMENT v. CHARLES WRIGHT 433 North West Street Carlisle, P A 170 \3 AND TENANTS/OCCUP ANTS 433 North West Street Carlisle, PA 17013 NO. 2005-0]502 Defendant( s). To: Charles Wright 433 North West Street Carlisle, PAl 70 13 Date of Notice: April 14, 2005 NOTICE PURSUANT TO RULE 237.] IMPORT ANT NOTICE (oflntent to File Praecipe to Enter Judgment by Default in Possession) YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA VE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE WHERE YOU CAN GET LEGAL HELP: 713840.1 LAWYER REFERRAL SERVICE COURT ADMlNISTRA TOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE, 4TH FLOOR CARLISLE, PA \7013 TELEPHONE: (570) 240-6200 NINGTON, LTD. By: Date: April 14, 2005 HARVEY. PENNINGTON L TD 1835 Market Street 29th Fl . Ph. 1 ' oor 1 adelphia. PA 19103-2989 ~~~Uffi ,~ffi, C'0.r\\~k7 f?ft \10\3 ~ t,;, j \ III~ ~~ ~ ii ~ 0:': ~ /~-;t.bll~ ~: ~ /~i~:~".1 ~~ f,;:..> - >1.." ~r~..~' ~ ~ 8 "'<\9,'; 0= . , QJ.ilNn ~g~ lfil;~. S. POSTAL SERVICE CERTIFICATE OF MAILING Y BE USED FOR OOMESllC p OVlDE FOR INSll CE--PO~~~~NATIONAL MAIL, DOES NOT O~~"n.,..<4jO"...." PS Form 3817, January 2001 7\3840.1 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esquire PA Id. No. 57494 th 1835 Market Street, 29 Floor Cumberland, PA 19lO3-2989 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company BA YVIEW LOAN SERVICING, LLC a Delaware Limited Liability Company 4425 Ponce De Leon Boulevard, 5th Floor Coral Gables, FL 33146 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiff, : CIVIL ACTION - EQUITY : EJECTMENT v. CHARLES WRIGHT 433 North West Street Carlisle, P A 17013 AND TENANTS/OCCUPANTS 433 North West Street Carlisle, PA 17013 NO. 2005-01502 Defendant( s). To: Tenants/Occupants 433 North West Street Carlisle, PA 17013 Date of Notice: April 14, 2005 NOTICE PURSUANT TO RULE 237.1 IMPORTANT NOTICE (of Intent (0 File Praecipe to Enter Judgment by Default in Possession) YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE WHERE YOU CAN GET LEGAL HELP: 713840_1 LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE, 4TH FLOOR CARLISLE, PA 17013 TELEPHONE: (570) 240-6200 By: Date: April 14, 2005 u.s. POSTAL SERVICE CERTIFICATE OF MAILING I 0 0> 0> MAY BE USED FOR DOMESTIC.4.ND INTERNATIONAL MAIL DOES NOT II ~ ~. ~ ~ PROVIDE FOR INSU CE-POSTMASTER' ~ ....' --."Li I . O~ UJ "----"<~ARVEY .~::NINGTONL~'~~' ~ijll~ ~~ ~ 1835 Market Street, 29'" FloOlI '7", :\.,i3 (~ ~ ~ Philadelphia, PA ]9103-2989 I.- N if ,\1 ;::: e: o . g ....--:rt ~ <<(~o PS Form 3817, January 2001 713840_1 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esquire PA Id. No. 57494 th 1835 Market Street, 29 Floor Cumberland, PA 19103-2989 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company BAYVIEW LOAN SERVICING, LLC a Delaware Limited Liability Company th 4425 Ponce De Leon Boulevard, 5 Floor Coral Gables, FL 33146 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, CNIL ACTION - EQUITY EJECTMENT v. CHARLES WRIGHT 433 North West Street Carlisle, PA 17013 AND TENANTS/OCCUPANTS 433 North West Street Carlisle, PA 17013 NO. 2005-01502 Defendant(s). AFFIDAVIT OF NON MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF PHILADELPHIA BEFORE ME, the undersigned authority, a Notary Public, personally appeared Robert J. Murtaugh, Esquire, whose identity was known to me or established to my satisfaction, and who, after having been duly sworn according to law, deposes and says as follows: 1. I, Robert J. Murtaugh, Esquire, am over eighteen (18) years of age, and am currently an attorney in good standing duly admitted to practice law in the Commonwealth of Pennsylvania, and am an associate ofthe law firm of Harvey, Pennington Ltd., and in that capacity, have been retained to represent the Plaintiff in the above-captioned action and as such am duly authorized to make this Affidavit on its behalf. 2. As such Attorney, I have responsibility for handling the files and litigation concerning the loan documents and collateral involved in this matter, and am fully familiar with the facts therein described. 3. I have been advised and therefore believe and aver that the Defendants, Bayview Loan Servicing, LLC and Tenants/Occupants are not presently in active duty in the 713843_1 military or naval service of the United States of America, are not active members of the Army of the United States, the Marine Corps. or the Coast Guard, and are not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor have they engaged in any active military service or active military duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 (the "Act") and designated therein as military service; nor have they, to the best of affiant's knowledge, enlisted in any military service covered by this Act. I make this Affidavit on behalf of Plaintiff, on the basis of my own knowledge, and subject to the penalties for perjury pursuant to 18 Pa.C.S.A. 94901 et seQ., and false swearing before notaries public pursuant to 18 Pa.e.S.A. 94903, and/or unsworn verification to authorities pursuant to 18 Pa.e.S.A. 94904, as applicable, and am aware that if any of the statements I have made herein are willfully false, that I am subject to such penalties. BAYVIEW LOAN SERVICING, LLC By: Date: May 2, 2005 SWORN TO and SUBSCRIBED before me, this 2nd day of May, 2005 ~~(}. Nunlj~ Notary Public { My C08B).;lij;eiffil&cm~PENNSYLVANIA NOTARIAL SEAL KATHLEEN A. GLOWIENKA, Notary Public City of Philadelphia, Phila. County My Commission Expires October 28, 2008 713843_1 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esquire PA Id. No. 57494 th 1835 Market Street, 29 Floor Cumberland, PA 19103-2989 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company BAYVIEW LOAN SERVICING, LLC a Delaware Limited Liability Company th 4425 Ponce De Leon Boulevard,S Floor Coral Gables, FL 33146 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, CNIL ACTION - EQUITY EJECTMENT v. CHARLES WRIGHT 433 North West Street Carlisle, PA 170\3 AND TENANTS/OCCUPANTS 433 North West Street Carlisle,PA 17013 NO. 2005-01502 Defendant(s). AFFIDAVIT OF LAST KNOWN ADDRESSES COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF PHILADELPHIA BEFORE ME, the undersigned authority, a Notary Public, personally appeared Robert 1. Murtaugh, Esquire, whose identity was known to me or established to my satisfaction, and who, after having been duly sworn according to law, deposes and says as follows: I. I, Robert J. Murtaugh, Esquire, am over eighteen (18) years of age, and am currently an attorney in good standing duly admitted to practice law in the Commonwealth of Pennsylvania, and am an associate ofthe law firm of Harvey, Pennington Ltd., and in that capacity, have been retained to represent the Plaintiff in the above-captioned action and as such am duly authorized to make this Affidavit on its behalf. 2. As such Attorney, I have responsibility for handling the files and litigation concerning the loan documents and collateral involved in this matter, and am fully familiar with the facts therein described. 3. I hereby certify that the last known address of the Plaintiff is 4425 Ponce th De Leon Boulevard,S Floor, Coral Gables, FL 33146, and the last known addresses of the 713843_1 Defendants, Charles Wright and Tenants/Occupants is 433 North West Street, Carlisle, P A 17013. 1 make this Affidavit on behalf of Plaintiff, on the basis of my own knowledge, and subject to the penalties for peJjury pursuant to 18 Pa.C.S.A. 94901 et seQ., and false swearing before notaries public pursuant to 18 Pa.e.S.A. 94903, and/or unsworn verification to authorities pursuant to 18 Pa.C.S.A. 94904, as applicable, and am aware that if any of the statements I have made herein are willfully false, that I am subject to such penalties. BAYVIEW LOAN SERVICING, LLC By: .--.- By: Date: May 2, 2005 SWORN TO and SUBSCRIBED before me, this 2nd day of May, 2005 ~~Q.~ Notary Public f My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN A. GLOWIENKA, Notary Public City of Philadelphia, Phila County My CommiSSion Expires October 28, 2008 713843_1 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esquire PA Id. No. 57494 th 1835 Market Street, 29 Floor Cumberland, PA 19103-2989 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company BAYVIEW LOAN SERVICING, LLC a Delaware Limited Liability Company 4425 Ponce De Leon Boulevard, 5th Floor Coral Gables, FL 33146 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, CNIL ACTION - EQUITY EJECTMENT v. CHARLES WRIGHT 433 North West Street Carlisle, PA 170\3 AND TENANTS/OCCUPANTS 433 North West Street Carlisle, P A 170\3 NO. 2005-01502 Defendant(s). CERTIFICATE OF SERVICE OF PRAECIPE PURSUANT TO PA.R.CIV.P. RULE 1037(a) TO ENTER JUDGMENT DEFAULT AND FOR POSSESSION OF REAL PROPERTY The undersigned hereby certifies that on the 2nd day of May, 2005, a true and correct copy of the foregoing Praecipe Pursuant to Pa.R.Civ.P. Rule 1037(a) to Enter Judgment by Default and for Possession of Real Property, and all supporting papers, was served upon the Defendant by United States Regular First Class Mail, postage prepaid, addressed as follows: Charles Wright 433 North West Street Carlisle, P A 17103 Tentants/Occupants 433 North West Street Carlisle, PAl 70 \3 713843_1 Dated: May 2, 2005 713843_1 By: / NINGTON LTD. ~ tJl/;;Hi augJi, Esquire, A Id. No.. 7494 29th Floor, 1835 Market Street Philadelphia, P A 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 E-Mail: rmurtaugh(cV.harvpenn.com Attorneys for Plaintiff (>: -;:J ~ ~ it:- \l t-- _ }-) ~ \" C> '\' \".J ..t:: () ~ ~ ~ lr\ ~ r---- .{,g. ....() () \) ~ 1- (.} ~J ~ ';:?'\ ..-\ -r..-f\ (11 r:-. -:'7_',::'} --;: " , s:- ',c- ,_,} ~,-', .-,.-, ,) ~<:'\ ...... -:;:,:' (-:-? ";" r"' Cj\ '.'~ HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esquire PA rd. No. 57494 th 1835 Market Street, 29 Floor Cumberland, PA 19103-2989 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Bayvicw Loan Servicing, LLC, a Delaware Limited Liability Company BAYVIEW LOAN SERVICING, LLC a Delaware Limited Liability Company th 4425 Ponce De Leon Boulevard, 5 Floor Coral Gables, FL 33146 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, : CIVIL ACTION - EQUITY : EJECTMENT v. CHARLES WRIGHT 433 North West Street Carlisle, P A 170\3 AND TENANTS/OCCUPANTS 433 North West Street Carlisle, P A 170 \3 NO. 2005-01502 Defendant( s). NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA.R.CIV.P. RULE 236 To: Charles Wright 433 North West Street Carlisle, P A 170\3 You are hereby notified pursuant to Pa.R.Civ.P. Rule 236 that on fYl.~ ~ ~ ' 2005, a judgment in possession was entered against you in the above- captlon d ma ter. Attached hereto is a true and correct copy of all (record) documents filed in support of such judgment. 713843_1 IF YOU HAVE ANY QUESTIONS CONCERNING THE ENTRY OF THIS JUDGMENT, YOU MAY CALL THE ATTORNEY FOR THE PLAINTIFF, ROBERT J. MURTAUGH, ESQUIRE, AT (215) 563-4470. DEPUTY 713843_1 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esquire PA Id. No. 57494 th 1835 Market Street, 29 Floor Cumberland, PA 19103-2989 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA BAYVIEW LOAN SERVICING, LLC a Delaware Limited Liability Company 4425 Ponce De Leon Boulevard, 5th Floor Coral Gables, FL 33146 Plaintiff, CNIL ACTION - EQUITY EJECTMENT v. CHARLES WRIGHT 433 North West Street Carlisle, P A 170 \3 AND TENANTS/OCCUPANTS 433 North West Street Carlisle, P A 17013 NO. 2005-01502 Defendant(s). NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA.R.CIV.P. RULE 236 To: Tenants/Occupants 433 North West Street Carlisle, P A 170\3 You are hereby notified pursuant to Pa.R.Civ.P. Rule 236 that on fY! ';:) j ~ ,2005, a judgment in possession was entered against you in the above- captlOne mat er. Attached hereto is a true and correct copy of all (record) documents filed in support of such judgment. 713843_1 . IF YOU HAVE ANY QUESTIONS CONCERNING THE ENTRY OF THIS JUDGMENT, YOU MAY CALL THE ATTORNEY FOR THE PLAINTIFF, ROBERT J. MURTAUGH, ESQUIRE, AT (215) 563-4470. DEPUTY 713843_1 . .. HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esquire PA Id. No. 57494 th 1835 Market Street, 29 Floor Cumberland, PA 19103-2989 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Bayview Loan Servicing, LLC, a Delaware Limited Liability Company BAYVIEW LOAN SERVICING, LLC a Delaware Limited Liability Company th 4425 Ponce De Leon Boulevard,S Floor Coral Gables, FL 33146 COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A Plaintiff, CNIL ACTION - EQUITY EJECTMENT v. CHARLES WRIGHT 433 North West Street Carlisle, PAl 7013 AND TENANTS/OCCUPANTS 433 North West Street Carlisle, P A 170\3 NO. 2005-01502 Defendant(s). PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue a Writ of Possession in the above-captioned matter, for the real property located at 433 North West Street, Carlisle, PA 170\3. HARVEY+?NINGTON LTD. .,. By:. lIaaf/flttralf ( / Robert J ./~urtat1'gh, EsqUIre PA Id. 1'{6.: 57494 Attorneys for Plaintiff Date: May 2, 2005 715805_1 . .. EXHIBIT "A" - DEED DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, County of Cumberland, State of Pennsylvania, bounded and described as follows: On the North by Property now or formerly of the Heirs of Charles Shapley, Deceased; on the East by an alley; on the South by Property now or formerly of George McIntire; and on the West by North West Street. Extending in depth a distance of 100 feet from North West Street to said alley, and having a frontage on said North West Street, 200 feet, and having thereon erected a frame dwelling house known as No. 433 North West Street. TAX PARCEL NO. 06-20-1798-233 715805_1 s ~ \( \ \ ~ ~ w ..r: \' ..:::z cP~D- % \/j .,. t 8 ~ r--- ~ 'i;;l. ........ lJ{ w -- "q. ....... V, :-- --.. ...c Vl - . \) 'j.J () "< ~ G C) \) C D \) G I I ~ :: ::: ~ ~~ - :~ - r-) 0 ~~:j -'f1 <,;..l1 _, ::;l ,;-:D r"r:~ .--~ _'"}t.'::j 1:-- ~:'?t)) ,.-" "-,,., :.)(") :,i:-\ (-,.) ".....\ CJ ::~ -' .-,4 .,- '.~ -" WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF BAYVIEW LOAN SERVICING, LLC CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1502 CIVIL vs. Costs Term Term $ 111. 20 $ $ 1.00 No. TENNANTS/OCCUPANTS Att'y. PI'ff(s) Prothy. CHARLES WRIGHT AND COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sherif[ of CUMBERLAND County, Pennsylvania (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: BAYVIEW LOAN SERVICING, LLC Plaintiff (s) being: (Premises as follows): 433 NORTH WEST STREET CARLISLE, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell hislher (or their) interest therein. rTJRTTS R. LONG Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania (SEAL) ~ dt,,~ e Q.l1zr/ZA<'J ~ Deputy Date MAY 4. 2005 >- CIl "t:l "t:l >- Z Z 0.. ::l'" ..., 51 ~ ~ ~ (":l_ .0 F' <> 0 " 0.. ..., ~ ~ ':< c:::z @ ~ ::l'" ':< '" a:..., '" ~ ?: &; ~ =0:: 0 rn t'lt'l Ul ::e(":l I H ~~ ~ ~ i>- ~ :-e::;; ;ii i ..... ? t"'o Ul ?:l::e H >-c::: 0 "" ("t> U1 W ~ t>l ~ r.J @0,rUl 8' ~ (":l- Z::e lJ1 -ge; I'~ . ..., gj 0..., () -.J :-eO (":lo H ... ~ I >< c... ~ ?8 ;:1 '" ~ t I"" . w"'l O"'l ... n tJ I:'" en.....j... ~ 1! 0 -"'" '" C:::(":l 30 "t:l en ="0 I '" H ~O ~ ~ ~Cfl ~ ~ ~~~:: en ~ WCfl ~~ a: 0"' ~.. = -t'l "",a: C'O \,,0 =. ="Cfl I:'" c.r.. .....N ~ ::r: IJICfl fi t'l0 ro 0 \0'" t'l- ...... Zz -, w:e ~ ...,0 ~ ;;J ;;J ~ I t"f-' t>l 0Z Z"'" 0.. ~"':ICl ~ "" "" "" "" Cflt'" ..., .., [g 8' F ~ ~ ~t'l 3 3 H ~>- :u 6l ~Cfl rn ZO -"'l ~ By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this day of So Answers, Sheriff Prothonotary By Deputy WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF BAYVIEW LOAN SERVICING, LLC CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1502 CIVIL vs. Costs Term Term $ 111. 20 $ $ 1.00 No. CHARLES WRIGHT AND Att'y. PI'ff (s) TENNANTS/OCCUPANTS Prothy. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: BAYVIEW LOAN SERVICING, LLC Plaintiff (s) being: (Premises as follows): 433 NORTH WEST STREET CARLISLE, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. rrJR'l'TS R. LONG Prothonotary. Common Pleas Court of Cumberland County. Pennsylvania (SEAL) -!L- ~n~ <( Q. 7!zr/?/U,. ~ Date MAY 4, 2005 Deputy (<:"-:5) '=1RJ =mJ ::-.::.:...~ -J -;~ "! :J> C/J -0 -0 ~ 0. ::l" ~ =+: 0. " 0 ~ s- ~ ':< nl ~ ':< Of' Of' ~ Of' H ~~ ~ ~ I:J> ~ :-0:::;; 0 (\lU1 W ...... ?::I::c "" ..., I U1...... t'l U1 "~gJ I S; ~ ("')- . .., -J 1?w~ -1i :-00 "" -gl. f c.., \0 . ....."'l "" ~"" ..." n en -....,J.. 0 e 0 ...'" 30 ~ Of' 0-,0 ~ ~~~~ ~ ~ ~'" Of' E: .....'" u ....... ~:::3 "'i"l (tl \.0 ::;. gJ 0-,,,, 'J: I-'N =+l !.II", (D 0\,0" ... i"l- ~ 'f~~ t'l ..,0 " N ~ ~ "" "" "" "" 0Z 0. \0"] ~8 . ~ H 12 >-' ::u . 0 0 By virtue of this writ. on the 27th day of June I caused the within named Bayview Loan Servicing, LLC have possession of the premises described wKkXbi:x<H1;>)lNOOJWij(~ROO< ~ ~ ("')- c::z :::.., t;] H == Ul ~ i"li"l ~ ~ ::C("') t'"'0 H :J>c:: ~ Z::o gj 0.., ~ ~ ("')0 H O"'l <: n c::("') I V> H ~O ~ .~ ::: t'" -0::: --... R i"l0 ~ Zz Z'" "'t'"' ~ ~i"l ~:J> :J>'" Ul ZO >~ 2005 Z Z ? 0 0 U1 r >-' U1 0 N n H <: H t'" ~ ~ 3 3 , to 433 North West Street Carlisle. PA Advance Costs: 100.00 Sheriff's Costs: 74.16 -fi;S-f-- Sheriff's Docketing Prothonotary Possession Poundage Mllage Surcharge Return 18.00 1.00 30.00 1.46 3.70 20.00 Refunded to Atty on 6/28/05 -, (' _ k~V\ ~~~l ,I" 16 SZ :l, <.J '" __ subscribed to before me thiS~"l~~;\/I\i.'},u'r~ ~~ ~~tr -' -r ....... , 'lJ Sl}t)riff , By ( D-u()l \ c,--J,;J/lQwlod~ c.k.. 5"d.3 s~ v8...., I (,6' t; 'f7 day of 1.00