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Home My WebLink About97-00246 ~\ ~ ., ~ - ';) <!: V) ~ \. <:S <!! -- - ") j .,.. ri r/ 0-. ,c::> < GIRARD SAVINGS BANK, FSB Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1997-00246 vs. CIVIL ACTION - LAW MARK L. HALE and MICHELLE M. HALE IN EJECTMENT Defendants 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 Relief to' 1940, as amended. Le P. Haller Attorney for Plaintiff me .,.., 1997. My commission expires: (SEAL) NOTARIAL SEAL BONITA E. LOMBARDI, Notary Public HaITlsbUIU, DauphIn County~ P1^9Q7 My Comml881on ElcpIl1S Sept a. AND NOW, on this -}~'/~ day of I ['-tV. It/: ", , 1997, GIRARD SAVINGS BANK, FSB . . IN THE COURT OF COMMON PLEAS . . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 1997-00246 : . . vs. CIVIL ACTION - LAW MARK L. HALE and MICHELLE M. HALE IN EJECTMENT Defendants ENTRY OF JUDGMENT BY DEFAULT default judgment is hereby entered against the D endants, Mark L. Hale and Michelle M. Hale, and their successors, heirs and assigns, in ejectment for possession of the premises described in the attached legal description. GIRARD SAVINGS BANK, FSB IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 1997-00246 vs. CIVIL ACTION - LAW MARK L. HALE and MICHELLE M. HALE IN EJECTMENT Defendants PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue a Writ of Possession against Defendants, Mark L. Hale and Michelle M. Hale, in the above matter for the possession of the premises set forth in the attached legal description. ~ /1 (I ''..) t~ or! ( ( , ,(I " ( (' (I, (i lI't I lit /)1 1/(\ II 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: February 24, 1997 ALL THAT CERTAIN piece or parcel of land, situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western line of Gale Circle which point is at the dividing line between Lots 24 and 25 on Plan of Lots hereinafter mentioned; thence North fifty-eight degrees forty-nine minutes West (N 500 49' WI and along the dividing line between Lots Nos. 24 and 25 on Plan of Lots hereinafter mentioned, a distance of eighty-five and ei9h\:y-flv~ hundredths (85.85) feet to ~ point; Thence South forty-nine degrees forty-one minutes West (5 490 41' W) and along the Southeastern line of Lot No. 23 on Plan of Lots hereinafter mentioned, a distance of sixty and ninety-one hundredths (60091) feet to a point; Thence South twenty-nine degrees eleven minutes E~st (5 290 11' E) and along part of the rear lot lines of Lots Nos. 20 ,and 21 on Plan of Lots hereinafter mentioned, a distance of ninety-nine and fifty-two hundredths (99.52) feet to a point, at the dividing line between Lots Nos. 25 and 26 on Plan of lots hereinafter mentioned; Thence North sixty-three degrees fifty-three minutes East (N 630 53' E) and along the dividing line between Lots Nos. 25 and 26 on Plan of Lots hereinafter mentioned, a distance of seventy-seven and twelve hundredths (77.12) feet to a point on the Western line oj Gale Circle; Thence in a Northerly direction on a curve to the right whose radius is fifty (SO) feet, a distance of fifty-(50) feet to a point at the dividing line between Lots Nos. 24 and 25 on Plan of Lots hereinafter mentioned, the point and place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 3 GALE CIRCLE, CAMP HILL, PENNSYLVANIA. BEING THE SAME PREMISES WHICH William D. Neville and Maureen T. Neville by deeed dated April 27, 1989 and recorded May 1, 1989 in Cumberland County Deed Book X-JJ, Page 694 granted and conveyed unto Mark L. Hale and Michelle M. Hale. GIRARD SAVINGS BANK, FSB IN THE COURT OF COMMON PLEAS t , , I. . . CUMBERLAND COUNTY, PENNSYLVANIA , " ,- Plaintiff NO. (] 'J. .,; 'I (~ Cu.',,' .- 1,.1.....- vs. CIVIL ACTION - LAW MARK L. HALE and MICHELLE M. HALE IN EJECTMENT Defendants COM P L A I N T 1. Plaintiff, Girard Savings Bank, FSB, is a corporation with an office located at 1776 SW Madison Avenue, Portland, Oregon 97205. 2. Defendants, Mark L. Hale and Michelle M. Hale, are adult individuals whose last known precise residence is 3 Gale Circle, Camp Hill, Pennsylvania 17011. 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 December 4, 1996, Defendants were the owner of certain real property known as 3 Gale Circle, Camp Hill, Pennsylvania 17011. 5. Said premises were sold by the Sheriff of Cumberland County at a Sheriff's Sale held at the Cumberland County Court House on December 4, 1996, 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. 4080 civil 1992 at the suit of Bristol Oaks, L.P. vs. Mark L. Hale and Michelle M. Hale. 6. The aforesaid property was purchased at sale by Girard Savings Bank, FSB, 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 ItB". 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. Dated: January 14, 1997 PURCELL, KRUG & HALLER ~:l/' ~_:>:-/ By: C ~, Le6n P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff I , , Ii , " ~ f , I , , ALL THAT CERTAIN piece or parcel of land, situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western line of Gale Circle which point is at the dividing line between Lots 24 and 25 on Plan of Lots hereinafter mentioned; thence North fifty-eight degreeo forty-nine minutes West (N 500 49' W) and along the dividing line between Lots Nos. 24 and 25 on Plan of Lots hereinafter mentioned, a dietancc of eighty-five and elghty-fi~d hundredths (05.05) feet to ~ point; Thence South forty-nine degreeo forty-one minutes Weot (S 490 41' W) and along the Southeastern line of Lot No. 23 on Plan of Lots hereinafter mentioned, a distance of sixty and ninety-one hundredths (60.91) feet to a point; Thence South twenty-nine degrees eleven minutes East (S 290 11' E) and along part of the rear lot lines of Lots Nos. 20.and 2l on Plan of Lots hereinafter mentioned, a distance of ninety-nine and fifty-two hundredths (99.52) feet to a point, at the dividing line between Lots Nos. 25 and 26 on Plan of lots hereinafter mentioned; Thence North sixty-three degrees fifty-three minutes East (N 630 53' E) and along the dividing line between Lots Nos. 25 and 26 on Plan of Lots hereinafter mentioned, a distance of seventy-seven and twelve hundredths (77.l2) feet to a point on the Western line o~ Gale Circle; Thence in a Northerly direction on a curve to the right whose radius is fifty (SO) feet, a distance of fifty-(50) feet to a point at the dividing line between Lots Nos. 24 and 25 on Plan of Lots hereinafter mentioned, the point and place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 3 GALE CIRCLE, CAMP HILL, PENNSYLVANIA. BEING THE SAME PREMISES WHICH William D. Neville and Maureen T. Neville by deeed dated April 27, 1989 and recorded May 1, 1989 in Cumberland County Deed Book X-33, Page 694 granted and conveyed unto Mark L. Hale and Michelle M. Hale. EXHIBIT "A" SHERIFF'S RETURN - REGULAR CAS~ NOI 1~9,-0021~ P Cl)MMONW~;ALTII OF P~;NNSYL V AN r A: COUNTY OF CUMHf:RLAND IH!l"RDm~.A.YJ.~IlS_ B.MH~. FSB. V!:J. lJM.!U"-M~K_~_~Lt\!"_. _,J.<RIpTULQ.. MERTZ CUMBERLAND County, Pennsylvania, who to law, says, the within COMPLAINT - J Sheriff or Deputy Sheriff of being duly sworn according EJECTMENT was served the upon OCCUPANT defendant, at _~825:0~ HOURS, 1997 at __~_G}\l,E___C;:_LIt.G!,E; _n l;!A_MP __H IJ.,_LJ LP A_1L~!.L,._____ on the ~ day of Januarv _ n -' G.1Jll~~m"AND _ -' County, Pennsylvania, by handing to MARK HAbE. a true and attested copy of the .COMPL,t\.INT,-_~;JECTMF:NT and at the same time directing Hi~ attention to the contents therenf. .J Shp-riff's CoStSI Docketing Service Affidavit Surcharge 5" answers: '"" <")'" _ 18. 00 ~".(' '-,'00;.. ~P--:'--:7.o 9.30 r ~~;........-""'.<<: _ ~ .00 2.00 R. Thomas Kline,Shedff--------. ~30-PURCELL, KRUG & HALL.ER 01/22/1997 by ~. ) -Z ..,Ld \ L ,llc' '& eputy She 11 Sworn and subscribed to before me this ,j{f' _ day of 9<M.u."j-- 19__(,:2.. A. D. (J u", (' )l{J'?'~ tJ,.h v I ....rotnonotary I r7 GIRARD SAVINGS BANK, FSB IN THE COUR'l' OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, No,t'(7- ..,(110 PENNSYLVANIA /? .' 7 C' (tit <:.. vs. CIVIL ACTION - LAW MARK L. HALE and MICHELLE M. HALE IN EJECTMEN'l' Defendants . . 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 TRUE COPY FROM RECORO."MBE~DO~~~~:yL~~~RT HOUSE ,. Teatlmony whareof, I here unto set my ~ SOUTH HANOVER STREET and the seal of saJ1 C reat Carlisle. Pao CARLISLE, PA 17013 T Ii t L ti r'\. 19 ~/? t . - 'L TELEPHONE (717)240-6200 '~ Le ha demandado a usted en la corte. Si usted quiere defendersci de estas delllandas 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 0 en persona 0 par abogado y archivar en la corte en forma escrita sUS defensas 0 sUS objeciones alas dernandas 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 0 nuLificiH.:iull y pUl cUillljuiel' ljUejil u aliviu que os pedido en la peticion de domallda. Usted puede perder dinero 0 sUs propiedades 0 otros derechos importantes para usted. NOT I C I A ALL 'l'IIA'!' CEH'l'AIN piece or parcel of land, situate in the Township of East pennsuoro, County of Cumuerland /lnd Stato of Pennsylvania, 1II0re pal"ticularly uounded and descriued aD follows, to wit: UEGINNING at a point on the Western line of Gale Circle whidl point is at the dividing line between Lots 24 and 25 on l'lan of Lots hereinafter mention(>d; thence North fifty-eight degreeD forty-nine minutes West (N 50" 49' W) and along tho dividing line between Lots Nos. 24 anu 2~ on Plan or Lots he1:uiuaCLur Illontloncll, a di,:tance of elghty-'five and eilJhty-fiv,-, hundredths (05.05) feet to , point; 'l'hence South forty-nine degrees forty-ono minutes West (S 49" 41' W) and along the Southeastern line of Lot No. 23 on Plan of Lots hereinafter mentioned, a distance of sixty and ninety-one hundredths (GO,911 feet to a point; Thence South twenty-nine degJ;ees cleven minutes East (S 29" 11' E) and along part of the rear lot lines of Lots Nos. 20 ,and 21 on Plan of Lots hereinafter mentioned, a distance of ninety-nine and fifty-two hundredths (99,52) feet to a point, at the dividing line between Lots Nos. 25 and 2G on Plan of lots hereinafter mentioned; Thence North sixty-three degrees fifty-three minutes East (N G3" 53' E) and along the dividing line between Lots Nos. 25 and 2G on Plan of LoU; hereinafter mentioned, a distance of seventy-seven and twelve hundredths (77,12) feet to a poillt 011 the l~este1"l1 line o:f Gale Circle; 'l'hence in a llortherly direction 011 a curve to the right whose radius is fifty (50) feet, a distallce of fifty-(50) feet to a point at the dividing line between Lots Nos. 24 and 25 on Plan of Lots hereinafter mentioned, the point and place of Ueginning. HAVING THEREON ERECTED A DWELLING KNOWN AS J GALE CIRCLE, CAMP HILL, PENNSYLVANIA. BEING TilE SAHE PHEHISES IWICII IHlliam D. Neville und 11aureen T. Neville by deeed dated April 27, 1989 and recorded Hay 1, 1909 in Cumberland County Deed Book X-JJ, Page 694 granted and conveyed unto Hark L. lIale and Hichelle 11. lIule. EXIIII3I'l' uAu OFF:~r or T"F. ,;Hf~IFF ('1''''11 . : 'j'It:"v OJ-'..., ,. " J4H /6 B 07 AH '97 C '/" , '" t" ,I '~:.,':':;,.: . - PENNSYL,/MIIA ~o, <<~~- '. "~~:.' . GIRARD SAVINGS DANK, FSD IN '1'IIE COUIl'l' OF COMMON PLEAS Plaintif f CUMDEIlLAND COUN'l'Y, PENNSYLVANIA NO. 1/7 ,..l..(lr (i'(Otl~( vs, CIVIL ACTION - LAW MARK L. HALE and MICHELLE M. HALE IN EJECTMENT Defendants 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. , I I i '1 , : YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO '1'0 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP. TRUE COPY FROM RECORD COURT ADMINISTRATOR FOURTH FLOOR IA TllStlmony whereof. I here unto set my haftE1IMBERLAND COUNTY COURT HOUSE and t seal of s;J I at Carlisle. Pa. SOUTH HANOVER STREET Th 10 {. 19 q 7 CARLISLE, PA 17013 I' lLl TELEPHONE (717)240-6200 -~;T Le h~ demandado a usted en la corte. Si usted quiere dufenderse de estas dernandas 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas 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 0 notificacioll y P01- cualquier queja 0 alivio que es pedido ell la peticion de demanda. Usted puede perder dinero 0 sUS propiedades 0 otros derechos importantes para usted. NOT I C I A Bristol Oaks, L.P. vs. Mark L, Hale and Michelle M, Hale. t r 6. The afor.esaid property was purchased at sale by Girard Savings , , ~ Bank, FSB, 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 IIBII. WHEREFORE, Plaintiff demands judgment against Defendants in Ejectment for recovery of premises described in Exhibit "A" attached PURCELL, KRUG & HALLER 'I I ! hereto and made a part hereof, plus costs of suit. By: Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-239' (717)234-417B Attorney ID #15700 Attorney for Plaintiff Dated: January 14, 1997 AI,/, '1'f1^'1' CI':H'I'I\IN piece 01' I'n1"<.:el of II\IIU, uitunte in tho 'I'ownship of Bast I'cnnuboro, County of Cumberland 1I11U 1.itato of Pcnnsylvania, more pal.ticularly bounded and described ao follows, Lo wit: UEGINNING at a point on the Western lille of Ga10 Circle which point io at the dividing line IJOtween 1,0tG 24 and 25 on Plnll uf Lots hereinnftel: melltionl!(l; lI\l!IICe 110l:th fifty-eight dogrceD forty-nine millutes West (II 5U. 49' W) anu alollg Lhe dividing line between LotG Nos, 24 anu 25 on Plan of Lots hereinafter mentioned, a di,'t.1ncc of e!.ghty-'fivo and o.l.ghty-flov<! hundl'edl:lw (U5.Ur,) feet tu , point: Thence Suuth fUl:ty-nine degreeD fOl:ty-olle minuteD l~eGt (S 49. 41' W) nnu a101l<) tile Soutlleastorn line of Lot 110. 23 011 Plall of Lots hereinaftel' montioned, a distance of sixty and ninety-one hundredths (60091) feet to a point; Thence South twenty-nine degrees elevell minutes E~st (S 29. 11' E) and along pal:t of the rOlll: lot lines of Lots 1l0G. 200and 21 on Plan of Lots hereinafter mentioned, a distance of ninety-nine and fifty-two hundredths (99.52) feet to a point, at the dividing line between LotG Nos. 25 and 26 on Plan of 10t9 hereinafter Inelltioned: Thence Ilorth sixty-three de<)l:oes fifty-three minutes East (II 63. 53' E) and along the dividing line between Lots lias. 25 and 26 on Plan of Lots hereinafter mentioned, a distance of seventy-seven and twelve hundredths (77.12) feet to a point on the Westel'n lille o,f Gale Circle; Thellce ill a Ilorther1y direction on a curve to the right whose radius is fifty (50) feet, a distance of fifty-(50) feet to a point at the dividing line between Lots Nos. 24 and 25 on Plan of Lotu hereinafter mentioned, the point and place of Ueginning. Il1\VING TlIEREON ERECTED 1\ DWELLING KNOWN 1\S 3 G1\LE CIRCLE, C1\MP HILL, PENNSYLV1\NI1\. BEING 'I'IIE SM.!E PHEIUSI,S ImICH IHllial1l D. Ileville and MaUl'cen 'i'o Neville by deeed dated April 27, 1989 and recorded May 1, 1989 in cumberland County Deed Dook X-33, Page 694 gl:anted and conveyed unto Mark I" Hale and Michelle M. Hille. I':XHIDI'I' "1\" ~ PLAINTIFF'S ABSTRACT OF TITLE o 1. property acquired by plaintiff at Cumberland County Sheriff's Sale conducted by Sheriff of Cumberland County on December 4, 1996. 2. Deed from William D. Neville and Maureen T. Neville dated April 27, 1989, and recorded May 1, 1989, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book X-33, Page 694, to Mark L. Hale and Michelle M, Hale. EXHIBIT "B" ~ plaint if f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-00246 " GIRARD SAVINGS BANK, RSB VS. MARK L. HALE and MICHELLE M. HALE Defendants CIVIL ACTION - LAW IN EJECTMENT PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please mark the above-captioned action in ejectment settled and . I, discontinued. PURCELL, KRUG & HALLER By ./ )/ J-J(J(C \ Leon P. Hafler Esquire ID #15700 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 (Attorneys for Plaintiff) DATED: August 7, 1997 ~ al '- Lr. (o. / >-' .. :.:1..... ~~ l"'l " , ~~ .' ~ U:, (fC - o' ~i!' Cl... ,'",-j .. >. C' co . If) lo I::,: C. --.", U:'" t.~ -i[LJ fl.: ::J :'I~ c.t ';..; U ,... ::.) 0 '" U