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HomeMy WebLinkAbout06-3372k UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadingsCudren.com Wells Fargo Bank, N.A., as -COURT OF COMMON PLEAS Trustee for Structured Asset :CIVIL DIVISION Securities Corporation SASCO ::Cumberland County Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 :NO. 06-3372 Civil Term P.O. Box 57038 Irvine, CA 92618 Plaintiff V. John Doe Ronald Johnson and/or Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 (Premises) Defendant (s) PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff and against the Defendant (s) , Ronald Johnson, for possession of the premises appearing in the caption, per Court Order, copy attached. I hereby certify (1) the addresses of the Plaintiff and Defendant(s) are as shown above and (2) that no further notice is required pursuant to Rule Pa.R.C.P. 237 and 237.1. r Mark Udren, Esquire Atto ey for Plaintiff DEFAULT JUDGMENT ENTERED AS INDICATED ABOVE: /Z h DATE : /-L+a?LLC? !.?- ??? PRO ROTHY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 Plaintiff V. Ronald Johnson and/or Tenant/Occupant Defendants NO. 06-3372 Civil Term ORDER AND NOW, to wit, thiso? day of F , 2007, upon consideration of Plaintiff's Motion for Summary Judgment and supporting documents thereto, and upon consideration of the Reply, if any, filed by Defendant Ronald Johnson hereto, the Court hereby determines that Defendant Ronald Johnson has failed to make a legal defense to Plaintiff's claim and that Plaintiff is entitled to Summary Judgment in ejectment as a matter of law, and the Court, therefore, ORDERS AND DECREES that Judgment shall be entered in favor of the Plaintiff and against Defendant, Ronald Johnson, as follows: That Plaintiff shall have immediate possession of the subject premises located at 23 Wheatfield Drive, Carlisle, PA 17013; that a Writ of Possession shall issue forthwith, authorizing the immediate ejectment of Defendant, Ronald Johnson, from the subject premises; and that Plaintiff be awarded its costs and disbursements in this action. (RUECOP? MM RECO Y ? whereof, I here unto set my hatic the 90 of salt, ? -11!r at cadisle,?'7 PfOth?lt?i'?t J. ncQo4 caqy _rLtij R UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Structured Asset :CIVIL DIVISION Securities Corporation SASCO :Cumberland County Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 :NO. 06-3372 Civil Term P.O. Box 57038 Irvine, CA 92618 Plaintiff V. John Doe Ronald Johnson and/or Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 (Premises) De f endant (s) VERIFICATION OF NON-MILITARY SERVICE Mark J. Udren, Esquire, hereby verifies that he is Attorney for the Plaintiff in the above captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: That the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Ronald Johnson Age: Over 18 Residence: As captioned above Employment: Unknown The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, DATED: March 2, 2007 Mark/J. Udren, Esquire n 4Q4 v way UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as -COURT OF COMMON PLEAS Trustee for Structured Asset :CIVIL DIVISION Securities Corporation SASCO :Cumberland County Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 :NO. 06-3372 Civil Term P.O. Box 57038 Irvine, CA 92618 Plaintiff V. John Doe Ronald Johnson and/or Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 (Premises) Defendant(s) PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff and against the Defendant(s), John Doe and Tenant /Occupant, for possession of the premises appearing in the caption, for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof. I hereby certify that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. _'?w Mark J. Udren, Esquire Atto ney for Plaintiff DEFAULT JUDGMENT ENTERED AS INDICATED ABOVE: DATE /?Al. "&1Z==L F I -par PRO PROTHY UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Structured Asset :CIVIL DIVISION Securities Corporation SASCO €:Cumberland County Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates Series 1999- C4 ENO. 06-3372 Civil Term P.O. Box 57038 Irvine, CA 92618 Plaintiff V. John Doe Ronald Johnson and Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 (Premises) Defendant(s) TO: John Doe 23 Wheatfield Drive Carlisle, PA 17013 DATE of Notice: August 2, 2006 IMPORTANT NOTICE 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 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 ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESZDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 M e WOODCREST C CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NEW JERSEY 08003-3620 r ark J. dre Esquir ORPO TE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856 669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Structured Asset ;CIVIL DIVISION Securities Corporation SASCO :Cumberland County Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 NO. 06-3372 Civil Term P.O. Box 57038 Irvine, CA 92618 Plaintiff V. John Doe Ronald Johnson and Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 (Premises) Defendant(s) TO: Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 DATE of Notice: August 2, 2006 IMPORTANT NOTICE 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 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 ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Mark J. Udren, Esquire WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL NEW JERSEY 08003-3620 ?U FA a ?. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as ::COURT OF COMMON PLEAS Trustee for Structured Asset :CIVIL DIVISION Securities Corporation SASCO Cumberland County Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 =NO. 06-3372 Civil Term P.O. Box 57038 Irvine, CA 92618 Plaintiff V. John Doe Ronald Johnson and/or Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 (Premises) Defendant(s) PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter, for possession of the property captioned under Defendants above, a description of which is attached hereto: Mark J I Udren, Esquire Attornbv for Plaintiff } AIL THOSE C=A=R P=ECE OR PARCH OF LAND S=713= IN y=DLESEa TOWNS=, CLIMBFRT.AM COUNTY, P My 7LVANIA, ENOWN AS LOT #311 AS DESC828ED IN- ACCORMA= WITS SUBDIVISION PLAN OF THE MEADOWS , PLAN #21 BY `=lGLLD S. RAFFENSP22GER, R8G=STF= SURVEYOR, DATED SEPTEId[BER 18, 14 8 6 , AIM RECORDED IN CMWER a= COUNTY PLAN BOOR 52 , PAGE-142, MORE PARTICIILABLY BOUNDED AND DESCRIBED AS FOLLOWS TO W=T: BEGSNN2NG AT A POINT ON THE EASTERN RIGHT-OF -WAY LINE OF W??AT?'iELD DRIVE, S= P02NT Bz=NG AIM LOCATED 155.00 FEET SOUTH of TH8 SECT=ON OF = EAST=, RIGHT-OF-WAY LINE OF ? DH-VE MM TIM SOS RIG31T-0F-W1Y-L= OF W=LD ROSE C232CLE; THENCE ALONG LOT NO. 30 NORTH 85 DEGREES 25 M22MTES FJLST A D=STAN= OF 157.27 FEET TO A PCX T AT LOT NO. -32; THENCE ALONG LOT NO. 32 SO= 4 DEGREES 35 rnT.-S MAST A DISTANCE OF 150.00 FEET TO A POX NT AT THE NOW NORTHERN RTG$T-OF-WAY LINE OF WHEATFIELD DR=; THENCE ALONG SASD Rl'GHT-OF-WAY .SAD A CffRVE TO TEE RSGS'' HAVING A RADIUS OF 150:.00 FEET AN ARC LENGTH OF 235.61 F= TO A PO=, TSS PL&CE OF BEGI24NI2TG. CONTA =G 17,671 SQUA22 FEET, MORE OR LESS. ? .7 r BEING KNOWN AS: 23 WHEATFIELD DRIVE, CARLISLE, PA 17013 PROPERTY ID NO.: 21-05-0433-090 r fi 1 1 -AQ O w ^ 1 w 1 - 1. r-a E.? t?l -t ^" y .00W - c-ti l of 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION SASCO MORTGAGE LOAN TRUST 1999-BC4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-BC4 VS. No. 06-3372 Civil Term- JOHN DOE RONALD JOHNSON AND/OR TENANT/OCCUPANT Costs Attorney's $ 125.30 Plaintiff's $ Prothonotary $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) WELLS FARGO BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION SASCO MORTGAGE LOAN TRUST 1999-BC4 MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 1999 BC4 being: (Premises as follows): 23 WHEATFIELD DRIVE, CARLISLE, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Curti A. Long, P o oT a?y'_ Common Pleas Court of Cumb land County, PA Date MARCH 9, 2007 (Seal) ,?. Al 2of2 No 06-3372 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION SASCO MORTGAGE LOAN TRUST 1999-BC4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-BC4 VS. JOHN DOE, RONALD JOHNSON AND/OR OCCUPANT WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 125.30 Plff (s) $ Prothy $ 1.00 Sheriff $ Plaintiff (s) attorney name and address: MARK J. UDREN, ESQUIRE UDREN LAW OFFICES, P.C. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 I.D. No. 04302 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the named appurtenances, and day of I caused the within to have possession of the premises described with the Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 .com Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 P.O. Box 57038 Irvine, CA 92618 Plaintiff v. John Doe and/or Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 (Premises) Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County / NO. - ?3 7? ??l U CI.? v' I CIVIL ACTION COMPLAINT IN EJECTMENT 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA E INFORMACION LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 1. Plaintiff is the corporation or individual named on the caption, and whose address or principal office appears in the caption. 2. Defendant(s) are those named as such on the caption, and occupy the premises (hereinafter "Premises") which address is set forth on the caption. 3. Premises, a legal description of which is attached hereto, was sold at Sheriff's Sale in accordance with law on June 7, 2006, and Plaintiff became owner thereof as a result of being the successful bidder and thus the purchaser at said sale, and remains real owner thereof. (Abstract of Title). 4. The person(s) in possession of Premises are the Defendant(s) herein, and are occupying Premises without right or claim to title. 5. Plaintiff has demanded possession of Premises from Defendant (s) who have refused to deliver up the possession thereof. , Plaintiff demands judgment for immediate possession of Premises, issuance of a Writ of Possession and a judgment of its costs and disbursement in this action. UDREN LAW OFFICES, P.C. Mark J. Udren, Esquire ATTORNEY FOR PLAINTIFF AS.L THOSE CERTAIN. PIECE OR PARCEL OF LAND SITUATE IN MIDDLES= TMMSHIP, CU19BERLAND COUNT, PMnMn73N78, KN0S7N AS LOT #31, AS DESCH== =N-ACCORMANC3 WZTX SUED=SION PLAN OF THE MEADOWS, PLAN #2, EY:RONALD S. Ra GPERGER, REGIST3m= SURVEYOR, DATED SEPTEMBER 18, 1986, AND RECORDED IN CIIM 77VT,n'M COUNTY PI,AN BOOS 52, PAGE •142, MORE PARTIr"IklLY BOUNDED AND DESCRIEED AS FOLLOWS TO WIT: BEGINNING AT A POINT OR THE EASTERN RIGHT-OF -WAY LIRE OF WEE?'YMEMB DRIVE. SIM= POINT BEING REFERANCM AIM LOCATED 155.00 FEET SOUTH OF THE INTERSECTION OF TEE EASTERN. RIGHT-OF-WAY LINE OF STHE_?'*FTR aD DR=4E AND THE SOU' MMN RIGHT-OF-WAY LINE OF W=Z ROSE CIRCLE; THENCE ALONG LOT NO. 30 NORTH 85 DEGREES 25 lErMUTZS EAST A DISTANCE OF 157.27 FEET TO A PORTS AT LOT NO. -32; TEENCE ALONG LOT NO. 32 SOUTH 4 DEGREES 35 vp EAST A DISTANCE OF 150.00 FEET TO A POINT AT THE NOW NORTHERN RIGHT-OF-WAY LINE OF WEEATFIELD DRIPS; THENCE ALONG SA.rn RIGHT-OF-WAY AND A CDR.VE TO THE RIGHT SAVING A. RADIUS OF 150;.00 FEET AN ARC LENGTH OF 235.61 FEET TO A P022T1, THE PLACE OF BEGINNING. CONTa T"a= 17,671 SQUARE FEET, MORE OR LESS. 32 BEING KNOWN AS 23 WHEATFIELD DRIVE, CARLISLE, PA 17013 PROPERTY ID NO.: 21-05-0433-090 VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation; that he is authorized to take this verification and does so because Plaintiff must verify through agents and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Mark J. Udren, Esquire DATED: June 13, 2006 -4o.. ? ? t!1 V G 11 Vl i a° ,rn CD w UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 .com Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 P.O. Box 57038 Irvine, CA 92618 Plaintiff v. John Doe and/or Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 (Premises) Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-3372 Civil Term PRAECIPE TO INDEX DEFENDANT PURSUANT TO PA.R.C.P. 410(b)(2) TO THE PROTHONOTARY: Kindly index as a Defendant, pursuant to Pa.R.C.P. 410(b) (2), Ronald Johnson, who was found in possession of the real property subject of the within action in Ejectment. UDREN LAW OFFICES, P.C. Mark J. Udren, Esquire Attorney for Plaintiff ?? p.'J ` C, _? -r ?? j ? -r -: ?i +J __ ^1 ? '? "? r : ?< # goN ?J D 4??5 0.- 7-3 ld4 6 lfi,1z),P1z- ??sls 1' / 700 1fv,5wt/L 7Z-> 4-1o0P Crime SuiTF 2-oo gs?? -??9-s?oa Mo,t?c Lo, J? / 99y -,dc- 5 ?,L U/w Cr4 9,z618' g4ir%l llc:F Gu ?NL° ?-4uw7y Na . o4 - 337L C1v11Tug 0 n?/?.9° Li ??7? / /1= /" f??, cr7 /U??-?J • ?(, %?q ! 6y??-BOO ?/ '? v, 0 0 2?Lt.9 D C a 7 ?,v' /?o rT, ?a co lq? Or /f5KeD x1t!F d J/,gGft I?i?S QJro?Lr /G??y /lam Z -7? g- QDr 71'!:- CD CvjA /AAv'7- 7S?.?FF ? s?-L!?C • ??rti !Efts - ?f wov/V Z4 kt Cog/-7 / i-xi ar 7-o ?e'r fj of fit' y / / {` \ h? t? _r. ?- r?Y ? _-1 f-.> C1"I ii'i (?, <_ i Ca UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-3372 Civil Term Plaintiff V. Ronald Johnson and/or Tenant/Occupant Defendants PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4, by its Attorney, Mark J. Udren, Esquire, respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above-captioned matter for the following reasons: There are no genuine issues as to any material fact, and therefore, Plaintiff (moving party) is entitled to Judgment as a matter of law. 2. Defendant Ronald Johnson filed a response to the Complaint in which Defendant effectively admitted all of the allegations in the Complaint. 3. Defendant effectively admits paragraphs 1, 2, 3, 4 and 5 of the Complaint, thereby admitting, inter alia, that the subject premises was sold at Sheriffs sale on June 7, 2006, in accordance with law, in the mortgage foreclosure action entitled Wells Fargo Bank Minnesota, National Association, f/k/a Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 vs. Ronald Johnson, a/k/a Ronald L. Johnson and Catherine Johnson, a/k/a Cathy L. Johnson, Cumberland County C.C.P., No. 01-4559 Civil Term; that as a result of said Sheriffs sale, Plaintiffs predecessor-in-interest, as foreclosing mortgagee, became owner of the subject premises located at 23 Wheatfield Drive, Carlisle, PA 17013 ("premises"), as a result of being the successful bidder and thus the purchaser at said sale, and assigned the bid to the Plaintiff herein; that Plaintiff remains the real owner of the premises; that Defendant is occupying and in possession of the premises without right or claim to title; and, that Defendant refuses to deliver possession of the premises to the Plaintiff, despite Plaintiff's demand for possession. Such admissions allow the Court to grant Plaintiff's Motion for Summary Judgment. 4. A true and correct copy of the Sheriff's Deed, conveying title to the premises to the Plaintiff, is attached hereto and marked as Exhibit "A". The Deed, dated September 28, 2006, was recorded in the Office of the Cumberland County Recorder of Deeds on September 29, 2006, Book 276, Page 4441. 5. To the extent Defendant purports to deny and/or fails to deny, in whole or in part, specifically or by necessary implication, any averments contained in the Complaint, in reality, any denials are improper and should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion for Summary Judgment, and that Judgment be entered as prayed for in the Complaint in favor of the Plaintiff and against Defendant, Ronald Johnson, for immediate possession of the subject premises located at 23 Wheatfield Drive, Carlisle, PA 17013, issuance of a Writ of Possession, and a judgment for its costs and disbursements in this action. Respectfully submitted, UDREN LAW OFFICES, P.C. By: Mark J. Udren, Esquire Attorney for Plaintiff/Movant UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 Plaintiff V. Ronald Johnson and/or Tenant/Occupant Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-3372 Civil Term PLAINTIFF'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1. STATEMENT OF FACTS By virtue of a Sheriff s foreclosure sale held on June 7, 2006, in the mortgage foreclosure action entitled Wells Fargo Bank Minnesota, National Association, f/k/a Norwest Bank Minnesota National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 vs. Ronald Johnson a/k/a Ronald L. Johnson and Catherine Johnson, a/k/a Cathy L. Johnson, Cumberland County C.C.P., No. 01-4559 Civil Term, Plaintiff s predecessor-in-interest, as foreclosing mortgagee, became owner of the subject premises known as 23 Wheatfield Drive, Carlisle, PA 17013 ("premises"), as a result of being the successful bidder and thus the purchaser at said sale, and assigned the bid to the Plaintiff herein; Plaintiff remains the real owner of the premises. A true and correct copy of the Sheriffs Deed, conveying title to the premises to the Plaintiff, is attached hereto and marked as Exhibit "A". The Deed, dated September 28, 2006, was recorded in the Office of the Cumberland County Recorder of Deeds on September 29, 2006, Book 276, Page 4441. Plaintiff filed the instant Civil Action in Ejectment against the Defendants due to Defendants' occupation and possession of the subject premises without right or claim to title. After service of the Complaint, Defendant Ronald Johnson filed a response to the Complaint. Plaintiff believes that, based on the pleadings, affidavits, etc., there are no genuine issues as to any material fact. Therefore, Plaintiff submits the within Motion for Summary Judgment for disposition by your Honorable Court. II. STATEMENT OF THE QUESTION INVOLVED Where there are no genuine issues as to any material fact, should Summary Judgment in Ejectment, as a matter of law, be granted in Plaintiffs favor where Defendant herein is occupying and in possession of the subject premises owned by Plaintiff, without right or claim to title? III. ARGUMENT Pursuant to Pa.R.C.P. 1035. 1, et. M., "Motion for Summary Judgment", any parry may move for Summary Judgment in whole or in part as a matter of law after the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, whenever there is no genuine issue of any material fact as to a necessary element of the cause of action.... Pa.R.C.P. 1035.2. The relevant pleadings herein are closed and, therefore, Plaintiff moves for Summary Judgment. Pa.R.C.P. 1035.3 provides further with regard to Summary Judgment: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion... (d) Summary judgment may be entered against a party who does not respond. In the "Note" to Pa.R.C.P. "Rule 1035.2 Motion", it is stated that Partial summary judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages. Defendant has essentially admitted the material facts of the averments in the Complaint, which include, inter alia, Plaintiffs right in and title to the subject premises; Plaintiffs right to possession of the subject premises; that Defendant is occupying the subject premises without right or claim to title; and that, after demand, Defendant refuses to deliver possession of the subject premises to Plaintiff. As a result of Defendants' refusal to deliver possession of the subject premises to Plaintiff, the present action was filed, and, as of this date, Defendants have failed and refused to deliver possession of the subject premises to Plaintiff. RULE 1029. DENIALS. EFFECT OF FAILURE TO DENY (a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in the responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by sub-division (c) ... of this rule, shall have the effect of an admission. (c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. Note: Reliance on sub-division (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See Cercone vs. Cercone, 254 Pa.Super. 381, 386 A.2d 1(1978). (Subsections 1029(d) and 1029(e) have been omitted for purposes of the within Motion only). It is clear that Defendant's "Answer" is a misuse of the provisions of Pa.R.C.P. 1029. Misuse of Rule 1029 is an admission, and such an admission will support Summary Judgment. Defendant did not comply with Pa.R.C.P. 1029(a), and the "Answer" violates the mandates of this rule. Furthermore, pursuant to Pa.R.C.P. 1029(b), by failing to deny specifically or by necessary implication paragraphs 1 through 5 of the Complaint, Defendant has admitted these averments. First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); New York Guardian Mortgage Corp. v. Dietzel, 362 Pa.Super. 426, 524 A.2d 951 (1987). Defendant's "Answer" is unresponsive to the averments in the Complaint, and therefore, effectively admits, inter alia, that the subject premises was sold at Sheriffs sale on June 7, 2006, in accordance with law, in the aforementioned mortgage foreclosure action; that as a result of said Sheriffs sale, Plaintiff s predecessor-in-interest, as foreclosing mortgagee, became the owner of the premises, as a result of being the successful bidder and thus the purchaser at said sale, and assigned the bid to the Plaintiff herein; that Plaintiff remains the real owner of the premises; that Defendant is occupying and in possession of the premises without right or claim to title; and, that Defendant refuses to deliver possession of the premises to the Plaintiff, despite Plaintiff's demand for possession. Such admissions allow the Court to grant Plaintiff's Motion for Summary Judgment. The premises was sold in connection with the execution of a judgment in rem, which Plaintiff's predecessor-in-interest obtained in the aforementioned mortgage foreclosure action, in which Defendant Ronald Johnson was also a Defendant. The Sheriff's Deed was recorded in the Office of the Cumberland County Recorder of Deeds on September 29, 2006, Book 276, Page 4441. See Exhibit A attached hereto. Plaintiff acted appropriately in its dealings with Defendant and complied with the relevant laws, rules and regulations. Clearly, Plaintiff is the rightful real owner of the subject premises; Defendant is occupying the subject premises without right or claim to title. Defendant's assertion that he "need[s] time to move and take down [his] pool" is unwarranted. As a preliminary matter, Defendant's statement acknowledges that Plaintiff is the current real owner of the premises and that Defendant is occupying the premises without right or claim to title. Furthermore, the property was sold at Sheriff's sale on June 7, 2006; Defendant filed his "Answer" containing this request on July 25, 2006. Almost six (6) months have passed since the Sheriff's sale, and more than four (4) months have passed since Defendant filed his "Answer". Certainly, Defendant has had more than ample time and opportunity to make arrangements to move out of the premises and take down his pool, but has failed to do so. In addition, Defendant can make arrangements to move out while the instant Motion is pending with the Court. Therefore, the ejectment action does not need to be delayed, and Defendant's request should be rejected by the Court. In this respect then, it should be noted that Defendant's "Answer" effectively admits every allegation of the Complaint. Such admissions allow Plaintiff to obtain immediate possession of the subject premises as rightful claimant to title and to have Defendant immediately ejected from the subject premises. IV. CONCLUSION The allegations of the Complaint are, in fact, uncontroverted. As set forth above, Defendant's "Answer" has been interposed for the purpose of delay only, and it does not substantiate any claim or defense to the propriety of the ejectment action Mr se. There are no genuine issues as to any material fact to be determined at trial, and therefore, for the reasons set forth hereinabove, Plaintiff (moving party) is entitled to Summary Judgment in Ejectment as a matter of law for immediate possession of the subject premises, issuance of a Writ of Possession, and a judgment for its costs and disbursements in this action. Respectfully submitted, UDREN LAW OFFICES, P.C. By: Mark J. Udren, Esquire Attorney for Plaintiff/Movant (0 4?_) Q, Tax Parcel No. 21-05-0433-090 r Y. ?AQD Know all Men by these Presents SEP 29 fl? 10 26 That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollor), to me in hand paid, do hereby grant and convey Wells Fargo Bank N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC-4. REAL ESTATE SALE NO. 05 Writ No. 2001-4559 Civil Term Wells Fargo Bank Minnesota, National Association, f/k/a Norwest Bank Minnesota National Association, as Trustee for SASCO Mortgage Loan Trust VS Ronald Johnson a/k/a Ronald L Johnson and Catherine Johnson a/k/a Cathy L Johnson Attorney Mark Udren DESCRIPTION ALL THOSE CERTAIN piece or parcel of land situate in Middlesex Township, Cumberland County, Pennsylvania, known as Lot #31, as described in accordance with sub-division plan of the Meadows, Plan #2, by Ronald s. Raffens-perger, Registered Surveyor, dated September 18, 1986, and recorded in Cumberland County Plan Book 52, Page 142, more particularly bounded and described as follows to wit: BEGINNING at a point on the Eastern right-of-way line of Wheatfield Drive, said point being referenced and located 155.00 feet South of the intersection of the Eastern right-of-way line of Wheatfield Drive and the Southern right-of-way line of Wild Rose Circle; thence along Lot No. 30 North 85 degrees 25 minutes East a distance of 157.27 feet to a point at Lot No. 32; thence along Lot No. 32 South 4 degrees 35 minutes East a distance of 150.00 feet to a point at the now Northern right-of-way line of Wheatfield Drive; thence along said right-of-way and a curve to the right having a radius of 150.00 feet an arc length of 235.61 feet to a point, the place of BEGINNING. CONTAINING 17,671 square feet, more or less. BEING KNOWN AS; 23 Wheatfield Drive, Carlisle, PA 17013 PROPERTY ID NO.; 21-05-0433-090 TITLE to said premises is vested in Ronald L. Johnson and Cathy L. Johnson, husband and wife, as tenants by the entirety by Deed from Charles T. Watkins and Virginia K. Watkins, husband and wife dated 05/27/99 Recorded 06/17/99 in Deed Book 201 Page 979. BOOK '176 P",CA441 Exhibit A The same having been sold by me to the said grantee on the 7th day of June Anno Domini Two Thousand and Six 2006 after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 24th day of January Anno Domini 2006 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and One 2001 Number 4559 at the suit of Wells Fargo Bank Minnesota, National Association f/k/a Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust 1999-BC4 against Ronald Johnson a/k/a Ronald L. Johnson and Catherine Johnson a/k/a Cathy L. Johnson. Boox 276 WF 42 In Witness Whereof, I have hereunto affixed my signature this 28thday of Sept. Anno Domini Two Thousand and Six (2006) 9 R. Thomas Kline, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the game in order that Said deed might be recorded. Witness my hand and seal of said Court, this 2anday of sent, Anno Domini Two Thousand and Six (2006) 1 CARLISLE CUMBERLAND COUNTY CM MY COMMISSION EXPIRES JANUARY I hereby certify that the residence And Post Office address of the Within Grantee is P.O. Box 57038 Irvine, CA 92619 Solicitoi• ry Bfi? K 276 WE44,0 VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Motion for Summary Judgment and Memorandum of Law are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. By: Mark J. Udren, Esquire Attorney for Plaintiff(Movant Dated: 42 UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 Plaintiff V. Ronald Johnson and/or Tenant/Occupant Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-3372 Civil Term CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I served true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support and Praecipe for Argument upon the following persons named herein at their last known address or their attorney of record. xxxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: December 4, 2006 TO: Ronald Johnson Tenant/Occupant 23 Wheatfield Drive 23 Wheatfield Drive Carlisle, PA 17013 Carlisle, PA 17013 Defendant Pro Se Defendant UDREN LAW OFFICES, P.C. By: Mar J. Udren, Esquire Attorney for Plaintiff/Movant C"> ? 0 `T-i r s n`? -TI C. J "? . PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 (Plaintiff) VS. Ronald Johnson and/or Tenant/Occupant (Defendant) No. 3372 O C Civil Term 2006 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 2. Identify counsel who will argue case: (a) for plaintiff •_ Udren Law Offices, P.C. - Mark J. Udren. Esauire Address: 111 Woodcrest Road; Suite 200 Cherry Hill, NJ 08003 (b) for defendant: Ronald Johnson, Defendant Pro Se Address. 23 Wheatfield Drive Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: JANUARY 24. 2007 z?<,-? Dated: ?? - ?? A torney for Plaint if f UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as :COURT OF COMMON PLEAS Trustee for Structured Asset =CIVIL DIVISION Securities Corporation SASCO 'Cumberland County Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 NO. 06-3372 Civil Term c/o P.O. Box 57038 Irvine, CA 92618 Plaintiff _ V. John Doe Ronald Johnson and/or Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 Defendants PRAECIPE TO ATTACH AFFIDAVIT AND VERIFICATION AS EXHIBITS TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Kindly attach the enclosed Affidavit and Verification as Exhibits to Plaintiff's Motion for Summary Judgment which was filed on UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTORNEY FOR PLAINTIFF UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 Plaintiff V. Ronald Johnson and/or Tenant/Occupant Defendants STATE OF 0) „ COUNTY OF I, Rick Wilken ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-3372 Civil Term AFFIDAVIT SS being duly sworn according to law, depose and say: 1. That I am the Assistant Secretary for Option One Mortgage Corporation, the servicing agent for the Plaintiff in the within matter. 2. That in said capacity I am familiar with the facts that form the basis of the instant Civil Action in Ejectment and that I am authorized to take this Affidavit. 3. That on June 7, 2006, Plaintiff s predecessor-in-interest purchased at Sheriff s sale the subject premises located at 23 Wheatfield Drive, Carlisle, PA 17013, and assigned the bid to the Plaintiff herein; Plaintiff is the current real owner of the subject premises. 4. That Plaintiff seeks immediate possession of the premises from Defendant who is currently in possession and occupation of the subject premises without Plaintiff's authorization; and without right or title. 5. That Plaintiff has demanded possession of the subject premises from Defendant who has refused to deliver possession of the subject premises to Plaintiff. 6. At the time of the purchase of the subject premises at Sheriff's sale, neither Plaintiff nor Plaintiff's predecessor-in-interest had or entered into a landlord/tenant relationship with Defendant, and to date, neither Plaintiff nor Plaintiff's predecessor-in-interest have, or ever had, a landlord/tenant relationship with Defendant. 7. Neither Plaintiff nor Plaintiff's predecessor-in-interest ever collected rent from Defendant, and neither Plaintiff nor Plaintiff's predecessor-in-interest ever entered into a written or verbal lease agreement with Defendant. Option One Mortgage Corporation By: e: Rick Wilken Title: Assistant Secretary Sworn to and subscribed before me this g day of 2006. /&Zz? Notary Public ' 44ELIA WSAIN NOTARY PUBLIC . MINNESOTA PMY COMMISSION EXPIRES JAN. 31, 2011 VERIFICATION The undersigned, the servicing agent for the Plaintiff in the Motion for Summary Judgment, being authorized to make this Verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the Motion for Summary Judgment are taken from the business records held by the Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Option On ortgage Corporation rI By am?1viilCOYI Name: V? Title: Title: ` Y?-???' Dated: 1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Wells Fargo Bank, N.A., as 'COURT OF COMMON PLEAS Trustee for Structured Asset :CIVIL DIVISION Securities Corporation SASCO `Cumberland County Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 NO. 06-3372 Civil Term c/o P.O. Box 57038 Irvine, CA 92618 Plaintiff V. John Doe Ronald Johnson and/or Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 Defendants CERTIFICATE OF SERVICE I, Mark J. Udren, hereby certify that I have served true and correct copies of the Praecipe to Attach Affidavit and Verification as Exhibit to Motion for Summary Judgment upon the following person(s) named herein at their last known address or their attorney of record by: xxxxx Regular First Class Mail Certified Mail Other Date Served: December 19, 2006 TO: Ronald Johnson 23 Wheatfield Drive Carlisle, PA 17013 Defendant Pro Se Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 Defendant UDREN LAW OFFICES, P.C. (- Y BY: Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRY HILL, NEW JERSEY 08003.3620 PENNSYLVANIA OFFICE MARK J. UDREN* 856. 669. 5400 215.5 8.1141 FAX STUART WINNEG** FAX: 856. 669. 5399 GAYL SPIVAK *** HEIDI R. SPIVAK*** MARISA JOY MYERS*** LORRAINE DOYLE** FREDDIE MAC ALAN M. MINATO*** PENNSYLVANIA *ADMITTED NJ, *ADMITTED PA A' F` DESIGNATED COUNSEL ""ADMITTED NJ, PA TINA MARIE RICH OFFICE ADMINISTRATOR PLEASE RESPOND TO NEW JERSEY OFFICE December 19, 2006 Ronald Johnson 23 Wheatfield Drive Carlisle, PA 17013 Re: Wells Fargo Bank, N.A., as Trustee for Structured Asset Securiti es Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 VS. John Doe Cumberland County C.C.P. No. 06-3372 Civil Term Dear Mr. Johnson: Please find enclosed a true and correct copy of Plaintiff's Praecipe to Attach Affidavit and Verification as Exhibit to Motion for Summary Judgment in the above-captioned matter, the original of which has been sent for filing with the Court. UDREN LAW OFFICES, P.C. By: Mark J. Attorney CNtiti Udren, Esquire for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRY HILL, NEW JERSEY 08003.3620 MARK J. UDREN* 856. 669. 5400 STUART WINNEG** FAX: 856. 669. 5399 CTAYL SPIVAK*** HEIDI R. SPIVAK*** MARISA JOY MYERS*** FREDDIE MAC LORRAINE DOYLE** ALAN M. MINATO*** PENNSYLVANIA *,WAGMD NJ, FL TTED PA A' DESIGNATED COUNSEL .s.ADMITTED NJ, PA TINA MARIE RICH OFFICE ADMINISTRATOR PLEASE RESPOND TO NEW JERSEY OFFICE December 19, 2006 Tenant/Occupant 23 Wheatfield Drive Carlisle, PA 17013 PENNSYLVANIA OFFICE 215.568.9500 215-568-1141 FAX Re: Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 VS. John Doe Cumberland County C.C.P. No. 06-3372 Civil Term Dear Defendant: Please find enclosed a true and correct copy of Plaintiff's Praecipe to Attach Affidavit and Verification as Exhibit to Motion for Summary Judgment in the above-captioned matter, the original of which has been sent for filing with the Court. UDREN LAW OFFICES, P.C. 1i By: Mark J. Udren, Esquire Attorney for Plaintiff r. `?Ti`•rv C?7 _ Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 Plaintiff VS. Ronald Johnson and/or Tenant/Occupant, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3372 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Udren Law Offices, P.C., for the limited purpose of representing the Plaintiff at Argument Court t e held on Wednesday, January 24, 2007. Date: January 18, 2007 Dale F ShughT, Supreme Court D. 93 10 West High Street Carlisle, PA 17013 (717) 241-4311 CC: Mark J. Udren, Esquire Ronald Johnson _r- . CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 Plaintiff NO. 06-3372 Civil Term V. Ronald Johnson and/or Tenant/Occupant Defendants ORDER AND NOW, to wit, thise74 day of FP6044? , 2007, upon consideration of Plaintiff's Motion for Summary Judgment and supporting documents thereto, and upon consideration of the Reply, if any, filed by Defendant Ronald Johnson hereto, the Court hereby determines that Defendant Ronald Johnson has failed to make a legal defense to Plaintiff's claim and that Plaintiff is entitled to Summary Judgment in ejectment as a matter of law, and the Court, therefore, ORDERS AND DECREES that Judgment shall be entered in favor of the Plaintiff and against Defendant, Ronald Johnson, as follows: That Plaintiff shall have immediate possession of the subject premises located at 23 Wheatfield Drive, Carlisle, PA 17013; that a Writ of Possession shall issue forthwith, authorizing the immediate ejectment of Defendant, Ronald Johnson, from the subject premises; and that Plaintiff be awarded its costs and disbursements in this action. J. r - - ):s ,ky V 0 3 34, a i4f? ?? ?! SN4f i ? !! ry C3 l •?, lid 7G 03t !OO77 .J 01 t,:Ir...1r?.. ?J ^- S Y) OL - 33 7."L, R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned Expired. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs 67.04 Docketing 18.00 82.96 Poundage 1.32 Advertising Law Library Prothonotary 1.00 Refunded to Atty on 08/13/08 Mileage 6.72 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee TOTAL 00, 67.04 $ 19 'a $ So Answers- R. as Kline, Sheriff By 0i oa ?4L C? GS?l3C? (? •2133(?S 2of2 No 06-3372 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION SASCO MORTGAGE LOAN TRUST 1999-BC4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-BC4 VS. JOHN DOE, RONALD JOHNSON AND/OR OCCUPANT WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Attorney for Plaintiff (s) Where papers may be served 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 Att'y . $ 125.30 Plff (s) $ Prothy $ 1.00 Sheriff $ Plaintiff (s) attorney name and address: MARK J. UDREN, ESQUIRE UDREN LAW OFFICES, P.C. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 I.D. No. 04302 Sworn and subscribed to before me this Day of '` Prbihonotary So Answers, Sheriff By Deputy 10f 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION SASCO MORTGAGE LOAN TRUST 1999-BC4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-BC4 VS. JOHN DOE RONALD JOHNSON AND/OR TENANT/OCCUPANT No. 06-3372 Civil Term Costs Attorney's $ 125.30 Plaintiff's $ Prothonotary $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) WELLS FARGO BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION SASCO MORTGAGE LOAN TRUST 1999-BC4 MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 1999 BC4 being: (Premises as follows): 23 WHEATFIELD DRIVE, CARLISLE, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Curti Long, Pro , Common Pleas Court of Cumbe land County, PA RO Date MARCH 9, 2007 TRU?> ,3 (Seal) set O ... ?. Pd A e?Lfl?t?