HomeMy WebLinkAbout07-1540
Phelan, Hallinan & Schmieg, LLP
By: Francis S. Hallinan, Esquire
Identification No. 62695 Attorney for Plaintiff
One Penn Center A Suburban Station
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
Residential Funding Company N/A
1270 Northland Drive, Suite 200 Court of Common Pleas
Mendota Hegts, MN 55120
Civil Division
V.
Shervonia Jones
Cumberland County
Or Occupants Term
367 West North Street
Carlisle, PA 17013 No. 01 - ???? el V L ?Pyl
CIVIL ACTION - EJECTMENT
**This firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. If
you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not
and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property**
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action
within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed
in the complaint or for and other claim or relief requested by the plaintiff. You may lose money or property or other rights important
to you.
You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone
the office set forth below to find out where you can get legal help. If you cannot afford to hire a lawyer, this office may be
able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no
fee.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
PHS #: 151840
1. Plaintiff is Residential Funding Company N/A.
2. Defendant is Shervonia Jones Or Occupants.
3. Plaintiff is equitable owner of premises located at 367 West North Street, Carlisle, PA 17013, a legal
description of which is attached.
4. Plaintiff became owner of said premises as a result of foreclosure and judicial sale by the Sheriff of
Cumberland County, on March 7, 2007.
5. Plaintiff, by virtue of the above, is the equitable owner of said premises, and is entitled to possession
thereof. The defendant is occupying the said premises without right and so far as the plaintiff is
informed, without claim of title.
6. Plaintiff has demanded possession of the said premises from the said defendant who has refused to
deliver up possession of same.
WHEREFORE, plaintiff seeks to recover possession of said premises.
rancis S. Hallinan, Esquire
Attorney for Plaintiff
IE.XHI BITA
At.L THAT CERTAIN tnmage and lot of gmund situate in the Fourth Ward of the Borough of Carlisle.
Curnbaiand County, Pennsylvania boumW and described as follow, to wit.
BEING Lot No.1 85 on the General Plan of Additional Billing lots laid out by George L Genneyer, Jr.. in
the Fourth Ward of the Borough of Carlisle. aforesaid, which Plan is recorded in the Office of the Rreorder of
Dads in and for Cumberland CAxmty. aforesaid. in Miscellaneous Docket No. 9. Page 80. bounded and
dcsmlxd ss follow.. to wit:
On the South by West Forth Street: on the East by lot now or formerly of William Miller, on the Nvorth by an
alley 12 fem-t wide: and on the West by lot now or fiornwrly of W. S. Qimsom Containing 30 feet in front on
Nash Street, and extending ar an even width 120 feet in front on North Sheet. and extending at an cvcn width
120 feet in depth to the alley aforesaid: having ffmuxr erected a tawb-su xy frame dwelling house with a two-
story name back-building and other impwvcmems municipally ]mown and numbered as 367 West Notth
Street. Carlisle. Pennsylvania.
BEING the same premises which Geis Magnusson, by Deed dated July 18. 2003, and recorded August 6.2W3
in C? mbcrland County. Permsyhvnia, Deed Book 2M Page 2846. granted and ccmveyed to Ceraid Fair and
Matgmrt Am Fair. husband and wife.
VERIFICATION
Francis S. Hallinan, Esquire hereby states that he is the Attorney for the Plaintiff in this
matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could
not be obtained within the time allowed for the filing of the pleading, that he is
authorized to take this Verification, pursuant to Pa. R.C.P. 1024 (c) and that the
statements made in the foregoing Civil Action in Ejectment are true and correct to the
best of his knowledge, information and belief. Furthermore, it is counsel's intention to
substitute a verification from Plaintiff as soon as it is received by counsel.
The undersigned understands that this statement is made subject to the penalties of 18 Pa,
C.S. Sec. 4904 relating to unworn falsification to authorities.
ancis S. Hallinan, Esquire
Date: 3 Attorney for Plaintiff
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Phelan Hallinan & Schmieg, LLP
By: Francis S. Hallinan, Esquire
Identification No. 62695
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103
(215) 563-7000
Residential Funding Company, N.A.
VS.
Shervonia Jones
Or Occupants
367 West North Street
Carlisle, PA 17013
Attorney for Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 07-1540-Civil Term
Cumberland County
PRAECIPE FOR JUDGMENT IN EJECTMENT
TO THE PROTHONOTARY:
Kindly enter Judgment in Ejectment in favor of the Plaintiff, Residential Funding Company, N.A. and
against the Defendant(s) Shervonia Jones and Or Occupants for possession of premises, 367 West North
Street, Carlisle, PA 17013 for failure to file an Answer within twenty (20) days of service.
I hereby certify that according to Rule 237. 1, written 10-day notice of Plaintiffs intention to file a praecipe for
Entry of default Judgment was mailed to Defendant(s), a true and correct copy of which is attached her o.
S. Hallinan, E
v for Plaintiff
Default Judgment entered as indicated above.
DATE
PHELAN HALLINAN & SCHMIEG, LLP
By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Philadelphia, PA 19103
(215) 563-7000
RESIDENTIAL FUNDING COMPANY N/A : COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
Vs.
SHERVONIA JONES OR OCCUPANTS
Defendants
CUMBERLAND COUNTY
: NO. 07-1540-CIVIL TERM
TO: SHERVONIA JONES OR OCCUPANTS
367 WEST NORTH STREET
CARLISLE, PA 17013
DATE OF NOTICE: APRIL 13, 2007
FILE P @
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
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.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
S_ 1
U F NCIS S. HA L NAN, ESQUIRE
Attorneys for Plaintiff
Phelan Hallinan & Schmieg, LLP
By: Francis S. Hallinan, Esquire Attorney for Plaintiff
Identification No. 62695
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103
(215) 563-7000
Residential Funding Company, N.A. COURT OF COMMON PLEAS
CIVIL DIVISION
VS. No. 07-1540-Civil Term
Cumberland County
Shervonia Jones
Or Occupants
367 West North Street
Carlisle, PA 17013
VERIFICATION OF NON-MILITARY SERVICE
FRANCIS S. HALLINAN, ESQUIRE, hereby verifies that he is Attorney for Plaintiff in the
above captioned matter, and that on information and belief, he has knowledge of the following
facts, to wit:
(a) That the defendant(s) is/are not in the Military or Naval Service of the United States or
its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of
Congress of 1940, as amended.
(b) That defendant Shervonia Jones Or occupants, is over 18 years of age, and resides at
367 West North Street, Carlisle, PA 17013.
This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn
falsification to authorities.
ran s S. Hallinan, Esqui
A ey for Plaintiff
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PRAECIPE FOR WRIT OF POSSESSION
COMMONWEALTH OF PENNSYLVANIA
County of Cumberland
Residential Funding Company, N.A. COURT OF COMMON PLEAS
CIVIL DIVISION
vs. No. 07-1540-Civil Term
Cumberland County
Shervonia Jones
Or Occupants
367 West North Street
Carlisle, PA 17013
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY:
Issue Writ of Possession in the above matter for possession of:
367 West North Street, Carlisle, PA 17013
**PLEASE SEE THE ATTACHED LEGAL DESCRIPTION***
Being Known as No. 367 West North Street
. Hallinan, Esquire
for Plaintiff /
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EXHIBIT A
AI.1_ TRAT M- THIN wage and lot or ground situate in thz Fourth Word of the Borough of Carlisle.
Cumberland County, Pcnnsvlvxrds botutderl and descrs'bod as follow, to wit:
BEM Lot No, 193 on the General Plan of Additiaiml Bw1ding lots laid out by George L Gwmeyer, Jr.. in
the Fou tib Ward of the Borough of Carlisle, a forrsaid, which Plan is recorded in the OILoe of the Rna der of
Deeds in and for Cumberland County. armtsaid, in Miscellaneous Docket No_ 9. Page 80, bounded and
described as thllow.% to wit:
On the South by West North Street; on the East by lot now or formerly of William Mil ter, on tk ?Forth by an
alley 12 rex t wide: and on the West by lot now or fnamedy of W. S. Cir mso m Containing 30 Ccet in front on
North Street, and extending ar an even width 120 Pat in front on North Strome and extending at an even width
120 feet in depot to the alley aforesaid: having thereon erected a my-story frame dwelling house with a two-
story fiats back-building and other Inutowmems municipally known and numbered as 367 West North
Street. Carlisle, Pennsylvania,
BEING the same pmm scx which Geer Magnuson, by Deed dated July 18, 2003, and recorded August 6.2003
in Cumberland County. Pennsylvania, Deed Book 259. Page 2846. granted and cmvieyed to Gerald Fair and
Marpmt Amt hair, husband and wife.
10
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
RESIDENTIAL FUNDING COMPANY, N.A.
VS.
SHERVONIA JONES OR OCCUPANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-1540-CIVIL TERM Term
No. Term
Costs
Att'y. $ 149-10 Pl'ff (s) $
Prothy. $ 9 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:
RESIDENTIAL FUNDING COMPANY, N.A.
Plaintiff (s)
being: (Premises as follows): 367 WEST NORTH STREET
CARLISLE, PA 17013
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
aotho , Commo C o berland County, Pennsylvania
Date APRIL 29f 2007 By:
(SEAT-) Deputy
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By virtue of this writ, on the day of
I caused the within named
have possession of the premises described with the appurtenances, and
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Sworn and subscribed to before me this
day of
So Answers,
Rv
Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-01540 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RESIDENTIAL FUNDING COMPANY
VS
JONES SHERVONIA
SHAWN HARRISON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
JONES SHERVONIA
was served upon
DEFENDANT , at 1829:00 HOURS, on the 23rd day of March
at 367 WEST NORTH STREET
CARLISLE, PA 17013
by handing to
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
Service
Affidavit
Surcharge
So Answers:
18.00
4.80
.00
10.00 R. Thomas Kline
3I"?+=I?'1 (4, ;- 32.80
Sworn and Subscibed to
before me this
the
day
00/00/0000
By.
Deputy Sheriff
of A. D.
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WRIT OF POSSESSION (Ejectment Proceedings FRCP 3160 - 3165 etc.)
RESIDENTIAL,FUNDING COMPANY, N.A.
vs.
SHERVONIA JONES OR OCCUPANTS
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-1540-CIVIL TERM
No.
Att'y. _
Pl'ff (s)
Prothy..
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:
RESIDENTIAL FUNDING COMPANY, N.A.
being: (Premises as follows):
367 WEST NORTH STREET
CARLISLE, PA 17013
771
A- 1 9A ## Pa
Term
Term
$ 149.30
$ z 00
Plaintiff (s)
(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.
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as C f Cumberland County, Pennsylvania
' Protho , Conm
Date APRIL 25, 2007 By:
(SEAL)
Deputy
Costs
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By virtue of this writ, on the day of
I caused the within named
have possession of the premises described with the appurtenances, and
Writ of Possession returned STAYED 6/13/07 per Atty
Sheriff's Return: Advance Costs: 150.00
Docketing 18.00 Sheriff's Costs: 50.60
Poundage -99-.40?
Prothy 2.00
Milage 9.60 Refunded Att on 6/13/07
-Surcharge 20.
50.60 J 4talb9 q-
Sworn and subscribed to before me this
day of
? t "4? to
So Answer
PHELAN HALLINAN & SCHMIEG, LLP
By: Francis S. Hallinan Esquire
Atty. I.D. No.: 62695
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Residential Funding Company, N.A.
VS.
Shervonia Jones
Or Occupants
Plaintiff
Defendant(s)
Attorney for Plaintiff
Court of Common Pleas
Cumberland County
No. 07-1540-Civil Term
PRAECIPE TO WITHDRAW COMPLAINT,
SATISFY JUDGMENT AND DISCONTINUE AND
END ACTION, WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, without prejudice, satisfy
the judgment entered on April 25, 2007 and mark this case discontinued and ended,
upon payment of your costs only.
lD,7
Date
By: c.•l?C?? c?.c?
F ancis S. Hallinan
Attorney for Plaintiff
PHS # 151840
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