HomeMy WebLinkAbout06-0553
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Phelan, Hallinan & Schmieg
By: Francis S. Hallinan, Esquire
Identification No. 62695
One Penn Center Plaza
Suite 1400
Philadelphia, PA 19103
(215) 563'7000
U.S. Bank National Assciation, As trustee Under
The Pooling And Servicing Agreement Dated As
of June 1, 2003 Among Credit-Based Asset
Servicing And Securitization LLC., Merrill
Lynch Mortgage Investors, Inc., Litton Loan
Servicing LP And U.S. Bank National
Association, C-BASS Mortgage Loan Asset-
Backed National Association, C-BASS Mortgage
Loan Asset- Backed Certificates, Series 2003 CB3
4828 Loop Central Drive
Houston, TX 77081-2226
v.
William Vaitkunas
Or Occupants
417 Fourth Street
New Cumberland, PA 17070
Attorney for Plaintiff
Court of Common Pleas
Civil Division
Cumberland County
Term
No. Of- - SS..3 C' l'--r-
lUl 1€R-Yv")
CML ACTION - EJECTMENT
"'''This firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose, If you have
previously received a discharge in bankruptcy and this debt was not reaffinned, this correspondence is not and should not be construed
to be an attempt to collect a debt, but only enforcement of a lien against property."'*
NOTICE
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 (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 and
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. If you cannot afford to hire a lawyer, this office may be able to provide you with
information about agencies that may offer legal services to eligible persons at a reduced fee
or no fee.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
PHS: 130071
".
1. Plaintiff is U.S. Bank National Assciation, As trustee Under The Pooling And Servicing
Agreement Dated As of June 1, 2003 Among Credit-Based Asset Servicing And
Securitization LLC., Merrill Lynch Mortgage Investors, Inc., Litton Loan Servicing LP
And U.s. Bank National Association, C-BASS Mortgage Loan Asset-Backed Certificates,
Series 2003 CB3.
2. Defendant is William Vaitkunas Or Occupants.
3. Plaintiff is equitable owner of premises located at 417 Fourth Street, New Cumberland,
P A 17070. a legal description of which is attached.
4. Plaintiff became owner of said premises as a result of foreclosure and judicial sale
by the Sheriff of Cumberland County. on December 7, 2005.
5. Plaintiff, by virtue of the above. is the equitable owner of said premises, and is
entitled to possession thereof. The defendant is occupying the said premises without
right and so far as the plaintiff is informed, without claim oftitle.
6. Plaintiff has demanded possession of the said premises from the said defendant who
has refused to deliver up possession of same.
WHEREFORE, plaintiff seeks to recover possession of said premises.
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" ranClS S. Hallman, EsqUIre
Attorney for Plaintiff
EXHIBIT A
ALL THAT CERTAIN PROPERTY SITUATEO IN THE BOROUGH OF NEW
CUMBERLAND IN THE COUNTY OF CUMBERLAND ANO COMMONWEALTH OF
PENNSYLVANIA. BEING MORE FULLY DESCRIBED IN A FEE SIMPLE DEED
DATEO 11/13/1998 AND RECORDED 11/17/1998, AMONG THE LAND RECORDS
OF THE COUNTY AND STATE SET FORTH ABOVE. IN VOLUME 189 PAGE 275.
TAX PARCEL IDS: 25-25-0006-012
ADDRESS: 417 FOURTH ST.
NEW CUMBERLAND, PA 17070
.
VERIFICATION
Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction
action and is authorized to make this verification. The statements made in the foregoing Civil
Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the
attorney for the Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action.
I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased
the property on behalf of the Plaintiff by bidding on the property at the sheriff's sale. 1 am making
this verification rather than a representative of the Plaintiff because I have personal knowledge of
the purchase of this property at sheriff's sale.
The undersigned understands that this statement is made subject to the penalties of 18
Pa,C.S. ~4904 relating to unsworn falsification to authorities.
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ttorney for Plaintiff
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-00553 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
U S BANK NATIONAL ASSOCIATION
VS
VAITKUNAS WILLIAM
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
VAITKUNAS WILLIAM
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - EJECTMENT
NOT FOUND , as to
the within named DEFENDANT
, VAITKUNAS WILLIAM
417 FOURTH STREET
NEW CUMBERLAND, PA 17070
PER POST OFFICE, DEFT'S ADDRESS IS
26 WYMAN ST LAWRENCE, MA 01841-1016-26.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
14.96
5.00
10.00
.00
47.96
---:--::;:::=7
soa~. ~
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R. Thomas K lne
Sheriff of Cumberland County
PHELAN HALLINAN SCHMIEG
02/03/2006
Sworn and subscribed to before me
<5:.-
this '1 day of
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(lIP
Pr honot.
Phelan Hallinan & Schmeig, LLP
BY Francis Hallinan, Esquire
Identification No. 62695
One Penn Center at Suburban Station
1617 JFK Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
U.S. bank National Association, As trustee Under
The Pooling And Servicing Agreement Dated As
of June 1, 2003 Among Credit-Based Asset Servicing
And Securitization LLC., Merrill Lynch Mortgage Investors,
Inc., Litton Loan Servicing LP And U.S. Bank National
Association, C-Bass Mortgage Loan Asset- Backed National
Association, C- Bass Mortgage Loan Asset- BlJ.cked
Certificates, Series 2003-CB3
Plaintiff
Court of Common Pleas
Civil Division
vs.
NO. 06-553-Civil Term
William Vaitkunas
Or Occupants
Cumberland County
Defendants
PRAECIPE TO REINSTATE CIVIL ACTION/EJECTMENT
TO THE PROTHONOTARY
Kindly reinstate the Civil Action in Ejectment with reference to the above
captioned matter.
Date: February 21, 2006
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Phelan Hallinan & Schmieg, LLP
BY: Francis S. Hallinan, Esqnire
Identification No. 62695
One Penn Center@ Snburban Station Suite 1400
1617 John F. Kennedy Bonlevard
Philadelphia, PA 19103-1814
C~l5) <;63-7000
Attorney for Plaintiff
U.S. Bank National Association, As Trustee Under The Pooling And
Servicing Agreement Dated As of June 1, 2003 Among Credit-Based
Asset Servicing And Securitization LLC., Merrill Lyneh Mortgage
Investors, Ine., Litton Loan Servicing LP And U.S. Bank National
Association, C-Bass Mortgage Loan Asset-Baeked National Association,
C-Bass Mortgage Loan Asset-Backed Certificates, Series 2003-CB3
Court of Common Pleas
Plaintiff
Civil Division
vs.
NO. 06-553 Civil Term
William Vaitkunas
Or oecupants
Cumberland County
Defendants
Pr~u~cipe to [".-ley Thom9~ M9rs.is.e As nefpnrismt
TO THE PROTHONOTARY:
Pursuant to P.A RCP. 4]0 (a)(2), kindly index Thomas Marsise as Defendant in the above
captioned matter. Thomas Marsise was found in possession of the premises located @ 417 Fourth Street,
New Cumberland, PA 17070, and was served with a eopy of the Complaint on March 2, 2006.
,
ancis S. Hallinan, Esquire
/ Attorney for Plaintiff
Date: Mareh?1 7006
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Phelan Hallinan & Schmieg, LLP
By: Francis S. Hallinan, Esquire
Identification No. 12248
One Penn Center Plaza, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, P A 19103
(215) 563-7000
Attorney for Plaintiff
u.s. Bank National Association, as Trustee under the Pooling and Servicing
Agreement dated as of June 1,2003 among Credit-Based Asset
Servicing and Securitization LLC, Merrill Lynch Mortgage
Investors, Inc., Litton Loan Servicing LP and U.S. Bank
National Association, C-Bass Mortgage Loan
Asset-Baeked Certificates, Series 20OJ-CBJ COURT OF COMMON PLEAS
CIVIL DIVISION
vs
No. 06-553-Civil Term
William Vaitkunas, Thomas Marsise
or occupants
417 Fourth Street
New Cumberland, P A 17070
Cumberland County
PRAECIPE FOR JUDGMENT IN EJECTMENT
TO THE PROTHONOTARY:
Kindly enter Judgment in Ejeetment in favor of the Plaintiff, U.S. Bank National Association, as Trustee under
the Pooling and Servicing Agreement dated as of June 1, 2003 among Credit-Based Asset Servicing and
Securitization LLC, Merrill Lyneh Mortgage Investors, Inc., Litton Loan Serviicng LP and U.S. Bank
National Association, C-Bass Mortgage Loan Asset-Baeked Certificates, Series 2003-CB and against the
Defendant(s) Thomas Marsise and or occupants for possession of premises, 417 Fourth Street, New
Cumberland, PA 17070 for failure to file an Answer within twenty (20) days of service.
I hereby eertifY that aeeording to Rule 237.1, written 10-day notiee of Plaintiffs intention to file a praeeipe for Entry
of default Judgment was mailed to Defendant(s), a true and eorreet eopy ofwhieh is attaehed hereto/,
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ran is S. Hallinan, Esqui e
Att ney for Plaintiff
~
Default Judgment entered as indieated above.
DATE
PHELAN HALLINAN & SCHMIEG, L.L.P
By: Francis S. Hallinan, Esquire
Identification No. 62695
One Penn Center@ Suburban Station, Suite 1400
]617 John F. Kennedy Boulevard
Philadelphia, PA ]9103-]8]4
Attorney for Plain1iff
U.S. Bank National Association, As Trustee Under The Pooling And
Servieing Agreement Dated As of June], 2003 Among Credit-Based
Asset Servicing And Securitization LLC., Merrill Lynch Mortgage
Investors, Ine., Litton Loan Servicing LP And U.S. Bank National
Association, C-Bass Mortgage Loan Asset-Backed National Association,
C-Bass Mortgage Loan Asset-Backed Certificates, Series 2003-CB3
COURT OF COMMON PLEAS
CIVIL DIVISION
v.
CUMBERLAND COUNTY
William Vaitkunas
Or Occupants
No. 06-553-CIVIL TERM
TO: Thomas Marsise (occupant)
417 Fourth Street (Garage)
New Cumberland, PA 17070
DATE OF NOTICE: Marrh 2], 200<;
This Firm is a debt collector attempting to collect a debt. This Notice is sent to you in an attempt to collect the indebtedness referred to
herein, and any information obtained from you will be used for that purpose. If you have previously received a discharge in
bankruptcy, this correspondence is not valid and should not be construed to be an attempt to collect a debt, but only as enforcement of
lein against property.
IMPORTANT NOTTCR
You are in default 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 your property or other important rights. You should take this paper
to your Lawyer at onee. If you do not have a lawyer, got to or telephone the offiee set forth below. This
offiee can provide you with the information about hiring a lawyer.
If you eannot afford to hire a lawyer, this office may be able to provide you with infonnation about
ageneies that may offer legal services to eligible persons at a reduced fee or no fee.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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rancis S. Hallinan, Esquire
Attorney for Plaintiff
,
Phelan Hallinan & Schmieg, LLP
By: Francis S. Hallinan, Esqnire
Identification No. 62695
One Penn Center Plaza, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, P A 19103
(215) 563-7000
Attorney for Plaiutiff
U.S. Bank National Association, as Trustee under the Pooling and Servicing
Agreement dated as of June 1,2003 among Credit-Based Asset
Servicing and Securitization LLC, Merrill Lynch Mortgage
Investors, Inc., Litton Loan Servicing LP and U.S. Bank
National Association, C-Bass Mortgage Loan
Asset-Backed Certificates, Series 2003-CB3 COURT OF COMMON PLEAS
CIVIL DIVISION
vs
No. 06-553-Civil Term
William Vaitkunas, Thomas Marsise
or oecupants
417 Fourth Street
New Cumberland, P A 17070
Cumberland County
VERIFICATION OF NON-MILITARY SERVICE
FRANCIS S. HALLINAN, ESQUIRE, hereby verifies that he is Attorney for Plaintiff in the
above captioned matter, and that on information and belief, he has knowledge of the following facts, to
wit:
(a) That the defendant(s) is/are not in the Military or Naval Service ofthe United States or
its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of
Congress of 1940, as amended.
(b) That defendant Thomas Marsise Or occupants, is over 18 years of age, and resides at
417 Fourth Street, New Cumberland, PA 17070.
This statement is made subject to the penalties of]8 PA. C.S.S 4904 relating to unsworn
falsification to authori1ies.
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PRAECIPE FOR WRIT OF POSSESSION
COMMONWEALTH OF PENNSYL VANIA
County of Cumberland
U.S. Bank National Association, as Trustee under the Pooling and Servicing
Agreement dated as of June 1,2003 among Credit-Based Asset
Servicing and Securitization LLC, Merrill Lynch Mortgage
Investors, Inc., Litton Loan Servicing LP and U.S. Bank
National Assoeiation, C-Bass Mortgage Loan
Asset-Baeked Certificates, Series 2003-CB3 COURT OF COMMON PLEAS
CIVIL DIVISION
vs
No. 06-553-Civil Term
William Vaitkunas, Thomas Marsise
or occupan1s
4] 7 Fourth Street
New Cumberland, PA 17070
Cumberland County
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY:
Issue Writ of Possession in the above matter for possession of:
417 Fourth Street, New Cumberland, PA 17070
..PLEASE SEE THE ATTACHED LEGAL DESCRIPTION"..
Being Known as NO.4] 7 Fourth Street
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EXHIBIT A
ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF NEW
CUMBERLAND IN THE COUNTY OF CUMBERLANO AND CDMMONWEALTH OF
PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A FEE SIMPLE DEED
DATED 11/13/1998 AND RECORDED 11/17/1998, AHONG tHE LAND RECORDS
OF THE COUNTY AND STATE SET FORTH ABOVE, IN VOLUME 189 PAGE 275.
TAX PARCEL IDS: 25-25-0006-012
ADDRESS: 417 FOURTH ST.
NEW CUMBERLAND, PA 17070
.
. WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 316:; etc.)
IN THECOURT OF' COMMON PLEAS OF
CUMBERL~ND COllN"1 Y, PENNSYLVANIA
U.s. BANK, NATIONAL ASSOCIATION,
AS TRUSTEE, ETAL.
No.
06-553-CIVIL TERM Tenm
vs.
No. Tenm
Costs
Att'y. $
PJ'ff (s) $
Prothy. $
WILLIAM VAITKUNAS, THOMAS MARSISE
191.42
OR OCCUPANTS
1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of CUMBERLAND
County, Pennsylvania
(I) To satisfy the judgmentJ?1i ??S~1MiO\\l~t8~ceoAgs'8ef~Hc\W, aIfsd~ab~-&'Jp ~WEYlIf\l:P~8\ID~tthe
followmg descnbed property to: AND SERVICING AGREEMENT DATED AS OF JUNE 1, 2003, AMONG CREDIT-
BACKED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC.,
LITTON LOAN SERVICING LP AND U.S., BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET
BACKED CERTIFICATES, SERIES 2003-CB3
Plaintiff (s)
being: (Premises as follows):
417 FOURTH STREET
NEW CUMBERLAND, PA 17070
(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.
(SEAL)
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Pr6tho~otaIy, Common Pleas Cowt of Cwnbc County, Pennsylvania
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Date
!\peil 5, 2006
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have possession of the premises described with the appurtenances, and _
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-00553 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
U S BANK NATIONAL ASSOCIATION
VS
VAITKUNAS WILLIAM
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
VAITKUNAS WILLIAM
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - EJECTMENT
, NOT FOUND , as to
the within named DEFENDANT
, VAITKUNAS WILLIAM
417 FOURTH STREET
NEW CUMBERLAND, PA 17070
DEFENDANT NO LONGER LIVES AT GIVEN ADDRESS.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
14.96
5.00
10.00
.00
47.96
So a.n....swe~s~~.
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R. Thomas Kline
Sheriff of Cumberland County
PHELAN HALLINAN SCHMIEG
03/03/2006
Sworn and subscribed to before me
this
.1.1.4-
day of .~
, """ AD~
al'
prot.lfono~ary 1
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00553 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
U S BANK NATIONAL ASSOCIATION
VS
VAITKUNAS WILLIAM
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
OCCUPANT
the
DEFENDANT
, at 1830:00 HOURS, on the 2nd day of March
2006
at 417 FOURTH STREET
NEW CUMBERLAND, PA 17070
by handing to
THOMAS MARSISE, OCCUPANT
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:
6.00
.00
.00
10.00
.00
16.00
~~~
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R. Thomas Kline
day of
03/03/2006
PHELAN HALLINAN SCHMIEG
B~,~
Deputy Sher f
Sworn and Subscribed to before
me this J. IA-r
A.D.
PHELAN HALLINAN & SCHMIEG, LLP
By: Francis S. Hallinan Esquire
Atty. J.D. No.: 62695
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
ttorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
UNDER THE POOLING AND SERVICING AGREEMENT
DATED AS OF JUNE 1, 2003 AMONG CREDIT-BASED
ASSET SERVICING AND SECURITIZATION LLC, MERR LL
LYNCH MORTGAGE INVESTORS, INC., LITTON LOAN
SERVICING LP AND U.S. BANK NATIONAL ASSOCIAT ON,
C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFIC TES,
SERIES 2003-CB3
Plaintiff
Court 0 Common Pleas
CUMB RLAND County
No. 06- 53-CIVIL TERM
vs.
WILLIAM V AITKUNAS
THOMAS MARSISE OR OCCUPANTS
Defendant(s)
PRAECIPE TO WITHDRAW COMPLA
SATISFY JUDGMENT AND DlSCONTINU
END ACTION WITHOUT PREJUDIC
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, with ut prejudice, satisfy
the judgment and mark this case discontinued and ended, upo payment of your costs
only.
s/ds/OG
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Date
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F ancis S. Halli an
Attorney for PIa ntiff
PHS # 130071
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OFFICE OF THE SHERIFF
CUMBERLAND COUNTY. FA
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By virtue of this writ, on the day of
I caused the within name(j
have possession of the premises described with the appurtenances, and
WRIT OF POSSESSION RETURNED STAYED THIS DATE PER ATTY
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, to
Sheriff's
Docketing
Sure-harge
Pro thy
Milage
'PolHH:lage
Return:
18.00
30 Of)
1. 00
31.68
8~.~6
Advance Costs: 150.00
Sheriff's Costs: 82.30
6/. 10
Rpfllnc1pc1 to Atty on 5/3/06
SOA~~ ~"'~~-e
By C~.nuku- ~ff.. ;:)\..)0 ~/
Deputy \ .O'l> C;t.,6 3q ~)..
R...v. 171 'IS'i
-
Sworn and subscribed to before me this
dayof~ ~ ~.
Q~~ 7
.. ( Pr 0 otary
/6'42-
,.;) Mj(.
WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 316'::' etc.)
U.S. BANK, NATIONAL ASSOCIATION,
IN THE'COURT OF' COMMoN PLEAS OF
CUMBERL;\ND CO{JN"l Y, PENNSYLVANIA
,
AS TRUSTEE, ETAL.
No.
06-553-CIVIL TERM Term
vs.
No. Term
Costs
Att'y. $
Pl'ff (s) $
Prothy. $
WILLIAM VAITKUNAS, THOMASMARSISE
191.42
OR OCCUPANTS
1.00
. COMMONWEALTII OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of CUMBERLAND
County, Pennsylvania
~1) To sa~sfy the judgmentJ?~ P?S~~o~lit:l8~E>I~sW8:l~ftdW, arlsd~ifi~ ~~i( ~MfIRt the
followmg described property to: AND SERVICING AGREEMENT DATED AS OF JUNE 1, 2003, AMONG CREDIT-
BACKED ASSET SERVICING AND SECURITIZATION LLC, MERRILL LYNCH MORTGAGE INVESTORS, INC.,
LITTON LOAN SERVICING LP AND U.S.. BANK NATIONAL ASSOCIATION, C-BASS MORTGAGE LOAN ASSET
BACKED CERTIFICATES, SERIES 2003-CB3
~. ,
Plaintiff (s)
being: (Premises as follows):
417 FOURTH STREET~ .
NEW CUMBERLAND, PA 17070
",' ";"G",~
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in .". -,' c .L I ~r" ',' 'J :J'.{ di~: f.....~tt,j
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(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (5) and sell hislher (or their) interest therein.
ohotary, Common Pleas Court ofCwn County, Pennsylvania
ho, c_y .~///U1v;-
Deputy
(SEAL)
~:
Date
II,pri1 5. 2006