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Home My WebLink About02-5476WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff vs. LINDA HERSHEY and BRIAN W. HERSHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. CIVIL ACTION - LAW IN EJECTMENT PENNSYLVANIA 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 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. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE SOUTH HANOVER STREET CARLISLE, PA 17013 TELEPHONE (717)240-6200 NO T I C I A Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIE1TNE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON-DE SE PUEDE CONSEGUIR ARISTENCIA LEGAL. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE SOUTH HANOVER STREET CARLISLE, PA 17013 TELEPHONE (717)240-6200 WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff vs. LINDA HERSHEY and BRIAN W. HERSHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ' CIVIL ACTION - LAW IN EJECTMENT COMPLAINT 1. Plaintiff, Washington Mutual Home Loans, Inc., Successor by Merger to Fleet Mortgage Corp., is a corporation with an office located at Post office Box 1169, Milwaukee, Wisconsin 53201-1169. 2. Defendants, Linda Hershey and Brian W. Hershey adult individuals whose last known precise residence is 53 Carla Drive, Shippensburg, Pennsylvania 17257. 3. Plaintiff avers that any person not set forth above, but in possession of the premises set forth in Paragraph 2 is, and shall become a Defendant to this action by virtue of Rule 410 (b) (2) of the Pennsylvania Rules of Civil Procedure, upon identification by the Sheriff of Cumberland County in his Return of Service of such person, and upon Praecipe of the Plaintiff. 4. Prior to September 4, 2002, Defendants were the owners of certain real property known as 53 Carla Drive, Shippensburg, Pennsylvania 17257. 5. Said premises were sold by the Sheriff of Cumberland County at a Sheriff's Sale held at the Cumberland County Court House on September 4, 2002, after due advertisement according to law, under and by virtue of a writ of Execution issued out of the Court of Common Pleas of Cumberland County, No. 2001-6127 civil Term at the suit of Fleet Mortgage Corp., formerly known as Fleet Real Estate Funding Corp. vs. Linda Hershey and Brian W. Hershey. 6. The aforesaid property was purchased at sale by Washington Mutual Home Loans, Inc., Successor in Interest to Fleet Mortgage Corp., the said proceedings being incorporated herein by reference. 7. By virtue of the aforesaid Sheriff's Sale, Plaintiff acquired title to the said premises. 8. Defendants are presently in possession of the said premises, having come into said possession by virtue of their prior ownership. 9. Plaintiff's Abstract of Title is attached hereto as Exhibit WHEREFORE, Plaintiff demands judgment against Defendants in Ejectment for recovery of premises described in Exhibit "A" attached hereto and made a part hereof, plus costs of suit. PURCELL, KRUG & HALLER By: Le ~P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: November 7, 2002 ALL that certain lot of land situate in the Township of Southampion, County of Cumberland and the Commonwealth of Pennsylvania, being Lot No. 29 in Section 3 in Ihe development known as South Mountain Estates, said plan recorded in Plan Book 22, at page 25, bounded and described as follows: BEGINNING at a point in the Western edg~ofCarla Drive at comer of Lot No. 28 in said Development; thence by the Western edge of Carla Drive, South ni~etecn (19) degrees twenty-eight (28) minutes thirty (30) seconds East, one hundred twenty (120) feet to a comer of Lot No. 30 in said Development; thence by Lot No. 30, South seventy (70) degrees thirty-one (31) minutes thirty (30) seconds West, one hundred fifty (150) feet to a point at olher lands now or formerly of Joseph B. Hazzard, et ux; thence now or formerly of Joseph B. Hav'~,rd, et ux, North mnetecn (19) degrees twenty-eight (28) minutes thirty (30) seconds West, one hundred twenty (120) feet to a point at comer of Lot No. 28; thence by Lot No. 2~8, North seventy (70) degrees thirty-one (31) minutes thirty (30) seconds East, one hundred fifty (150) feet to a point in the We~stem edge of Carla Drive, the place of beginning. CONTAINING ! 8,000 square feet, per snrvey ofJ. H. Rife, R.S. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 53 CARLA DRIVE, SHIPPENSBURG, PENNSYLVANIA 17257. BEING THE SAME PREMISES WHICH Monarch Investments by corrective deed dated 4/3/98 and recorded in Deed Book 175 Page 42 granted and conveyed unto Brian W. Hershey and Linda Hershey. PARCEL: 39-36-2436-019 EXHIBIT "A" PLAINTIFF'S ABSTRACT OF TITL~ 1. Property acquired by Plaintiff at Cumberland County Sheriff's Sale conducted by Sheriff of Cumberland County on September 4, 2002. 2. Deed from Monarch Investments dated April 3, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 175, Page 42, to Brian W. Hershey and Linda Hershey. EXHIBIT "B" VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Leon P. Hailer Dated: November 7, 2002 SHERIFF'S RETURN CASE NO: 2002-05476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS HERSHEY LINDA ET AL - REGULAR HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon HERSHEY LINDA the DEFENDANT at 0915:00 HOURS, on the 14th day of November , 2002 at 53 CARLA DRIVE SHIPPENSBURG, PA 17257 by handing to LINDA HERSHEY a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this day of Prothonotary So Answers: R. Thomas Kline 11/15/2002 PURCELL KRUG HALLER Deputy S~'fiff SHERIFF'S CASE NO: 2002-05476 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS HERSHEY LINDA ET AL RETURN - REGULAR HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon HERSHEY BRIAN W the DEFENDANT , at 0915:00 HOURS, on the 14th day of November , 2002 at 53 CARLA DRIVE SHIPPENSBURG, PA 17257 LINDA HERSHEY, WIFE a true and attested copy of COMPLAINT - by handing to EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of Prothonotary So Answers: R. Thomas Kline 11/15/2002 PURCELL KRUG HALLER Deputy S]~ff WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff vs. LINDA HERSHEY and BRIAN W. HERSHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-05476 P CIVIL ACTION - LAW IN EJECTMENT PRAECIPE FOR DEFAULT JUD~N~NT IN EJECTMENT FOR POSSESSION OF REAL PROPERTY TO THE PROTHONOTARY: Enter default judgment in ejectment for possession of the premises 53 Carla Drive, Shippensburg, Pennsylvania 17257, described in the attached legal description in favor of Plaintiff and against the Defendants, Linda Hershey and Brian W. Hershey, and their successors, heirs and assigns for failure to answer the Complaint within twenty (20) days after service thereof on November 14, 2002. I hereby certify that the Notice of Default required by Pa.R.C.P. 237.1 was mailed to Defendants above named o~mber 6, 2002. PURCELL, ~ Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID %15700 Attorney for Plaintiff Dated: December 17, 2002 WASHINGTON MUTUAL HOME LOANS, : INC., SUCCESSOR IN INTEREST BY : MERGER TO FLEET MORTGAGE CORP. : Plaintiff vs. LINDA HERSHEY and BRIAN W. HERSHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-05476 P CIVIL ACTION - LAW IN EJECTMENT NOTICE OF ENTRY OF JUDGMENT BY DEFAULT TO: Linda Hershey and Brian W. Hershey Defendants in the above action You are hereby notified that on , 2002, Judgment by Default has been entered against you in the above action for possession of the real property described in the attached legal description, for the reason that you failed to file an Answer to the Complaint within 20 days after the said Complaint was served upon you on November 14, 2002. Prothonotary I hereby certify that the names and address of the proper persons to receive this notice under Pa.R.C.P. 236 is: LINDA HERSHEY 53 CARLA DRIVE SHIPPENSBURG, PA 17257 BRIAN W. HERSHEY 53 CARLA DRIVE SHIPPENSBURG, PA 1725~~-~ Leon t~. Haller Attorney for Plaintiff WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff vs. LINDA HERSHEY and BRIAN W. HERSHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-05476 P CIVIL ACTION - LAW IN EJECTMENT TO: LINDA HERSHEY 53 CARLA DRIVE SHIPPENSBURG, PA 17257 BRIAN W. HERSHEY 53 CARLA DRIVE SHIPPENSBURG, PA 17257 DATE OF NOTICE: DECEMBER 6, 2002 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 (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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE SOUTH HANOVER STREET CARLISLE, PA 17013 TELEPHONE (717)240-6200 PUR~LLER ~JP. Hall~-~s~uire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff vs. LINDA HERSHEY and BRIAN W. HERSHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAlqD COUNTY, PENNSYLVANIA NO. 2002-05476 P CIVIL ACTION - LAW IN EJECTMENT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF DAUPHIN ) SS: LEON P. HALLER, attorney for Plaintiff, being duly sworn according to law, deposes and says that he is a duly constituted representative for the Plaintiff in the above captioned action; that he is duly authorized to make this affidavit; that he has personal knowledge, information and belief, that Defendant of the real estate described in the Complaint are not in the Military or Naval Services of the United States or its allies or otherwise within the provisions of the Soldiers' and Sailors' Civil ~~~f 1940, as amended. Leon P. Hallef Attorney for Plaintiff SWORN to and subs~bed before me thi./ ay o 002. ~-~'' 'Ndta~ Publid ' My commission expires: (SEAL) Bonita E. Prussack, Notary Public City of Harrisburg, Dauphin County My Commission Expires Sept. 26, 2005 Member, Pennsylvania Association of Notaries WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff vs. LINDA HERSHEY and BRIAN W. HERSHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-05476 P CIVIL ACTION - LAW IN EJECTMENT ENTRY OF JUDGMENT BY DEFAULT default judgment is hereby entered against the Defendants, Linda Hershey and Brian W. Hershey and their successors, heirs and assigns, in ejectment for possession of the premises described in the attached legal description. ALL that certain lot of land situate in thc Township of Southampton, County of Cu,nberland and the Commonwealth of Pennsylvania, b~ing Lot No. 29 in Section 3 in the development known as South Mountain Estates, said plan recorded in Plan Book 22, at page 25, bounded and described as follows: BEGINNING at a point in the Western edgeofCarla'Drive at comer of Lot No. 28 in said Development; thence by the Western edge of Carla Drive, South nineteen (19) degrees twenty-eight (28) minutes thirty (30) seconds East, one hundred twenty (120) feet to a comer of Lot No. 30 in said Development; thence by Lot No. 30, South seventy (70) degrees thirty-one (31) minutes fl~irty (30) seconds West one hundred fifty (150) feet to a point at other lands now or formerly of Joseph B. HaT~,ard, et ux; thence now or formerly of Joseph B. Ha~'~ard, et ux, North nineteen (19) degrees twenty-eight (28) minutes thirty (30) seconds West, one huudred twenty (120) feet to a point at comer of Lot No. 28; thence by Lot No. 28, North seventy (70) degrees thirty-one (31) minutes thirty (30) seconds East, hundred fifty (150) feet to a point in the Western edge of Carla Drive, the place of beginning. CONTAINING 18,000 square feet, per survey ofJ. H. Rife, R.S. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 53 CARLA DRIVE, SHIPPENSBURG, PENNSYLVAi~IA 17257. BEING THE SAME PREMISES WHICH Monarch Investments deed dated 4/3/98 and recorded in Deed Book 175 Page conveyed unto Brian W. Hershey and Linda Hershey. PARCEL: 39-36-2436-019 by corrective 42 granted and WASHINGTON MUTUAL HOME LOA/~S, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. Plaintiff vs. LINDA HERSHEY and BRIAN W. HERSHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-05476 P CIVIL ACTION - LAW IN EJECTMENT PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue a Writ of Possession against Linda Hershey and Brian W.. Hershey in the above matter for the possession of the premises set forth in the attached legal description. PURCELL, KRUG & HALLER By: / ..... Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: December 17, 2002 ALL that certain lot of land situate in thc Township of Southampton, County of Cumberland and thc Commonwealth of Pennsylvania, being Lot No. 29 in Section development known as South Mountain Estates, said plan recorded in Plan Book 22, at page 25, bounded and described as follows: BEGINNING at a point in the Western edg~ofCarla Drive at comer of Lot No. 28 in said Development; thence by tile Western edge of Carla Drive, South ni~'eteen (19) degrees twenty-eight (28) minutes thirty (30) seconds East, one hundred twenty (120) feet to a comer of Lot No. 30 in said Development; thence by Lot No. 30, Soulh seventy (70) degrees thirty-one (31) minutes thirty (30) seconds West, one hundred fifty (150) feet to a point at other lands now or formerly of Joseph B. I-la: et ux; thence now or formerly of Joseph B. Hazzard, et ux, North nineteen (19) degrees twenty-eight (28) minutes thirty (30} seconds West, one hundred twenty (! 20) feet to a point at comer of Lot No. 28; thence by Lot No. 28, North seventy (70) degrees thirty--one (31) minutes thirty (30) seconds East, or~e hundred fifty (150) feet to a point in the Western edge of Carla Drive, the place of beginning. CONTAINING 18,000 square feet, per survey ofJ. H. Rife, R.S. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 53 CARLA DRIVE, SHIPPENSBURG, PENNSYLVANIA 17257. BEING THE SAME PREMISES WHICH Monarch Investments by corrective deed dated 4/3/98 and recorded in Deed Book 175 Page 42 granted and conveyed unto Brian W. Hershey and Linda Hershey. PARCEL: 39-36-2436-019 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) IND., SUCCESSOR IN INTEREST BY M~ T(~ FI.~;~:'~' M~RTGAG~Z. CORP. VS. LINDA ~E.R.qHE~ AND BRTAN W. HERSHEY 53 CARLA DRIVE .qNTPPENSBII~. PA 17257 No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5476 Civil Term Costs T~rm Att'y. $ 135.23 Pl'ff (s) $ Prothy. $ 1. 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: Washington Mutual Hcme Loans, Inc., Successor in Interest by Merger to Fleet Mortgage Corp. being: (Premises as follows): Plaintiff (s) 53 Carla Drive Shippensburg, PA 17257 (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. Date December 18, 2002 (SEAL) Curtis R. Long Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania By virtue of this writ, on the da}' of I caused the within named have possession of the premises described with the appurtenances, and WRIT OF POSSESSION RETURNi~D ABANBONF, D THIS_DA~TE~ NO ACTION TAKEN IN SIX MONTHS. c 9 · to SHERIFF'S COSTS: DOCKETING 18.00 POUNDAGE -- 1.04 PROTHY 1.00 MILAGE 13.02 ~URUHA~GE b3.06 Sworn and subscribed to before me this / ; Prothonotary ADVANCE COSTS: 1~O0.00 SHERIFF'S COSTS: 53.06 REFUNDED TO ATTY 9/9/03