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HomeMy WebLinkAbout03-3025FEDERMAN AND PHELAN, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Wells Fargo Home Mortgage, Inc. F/I<]A Norwest Mortgage, Inc. 5024 Parkway Plaza Chalotte, NC 28217 Jonathan B. Heinze Or Occupants 217 South 15th Street Camp Hill, PA 17011 Court of Common Pleas Civil Division Cumberland County Term No. CIVil./~ ETION - ~,JE.~qm4E. NT - 3020 Please be advised that this firm is a debt collector attempting to collect a debt. Any information received 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. 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 ff you fall 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1. Plaintiff is Wells Fargo Home Mortgage, Inc. F/K/A Norwest Mortgage, Inc. 2. Defendant is Jonathan B. Heinze and Or Occupants. 3. Plaintiff is the owner of premises located at 217 South 15th Street, Camp Hill, PA 17011, a legal description of which is attached. Plaintiff became owner of said premises by a Deed from the Sheriff of Cumberland County, which Deed was lodged and settlement made with the Sheriff (Abstract of Title). Plaintiff, by virtue of the above, is the 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. FEDERMAN AND PHELAN, LLP EDEI~fiVIAN, ESQUIRE CE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQI3YRE Attomeys for Plaintiff / / iGINNING at a p~int on t~e east aide of Fifteenth Street, said go ~V~G THE~ON er~ted i:h~ nor=hem hal~ of = double two and on~-hal: PP.~HISI~S BEING: 217 S. 15Tll STREET. "' - VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiffor Plaintiffs predecessor in interest in the underlying foreclosure action. I am with the law finn on the writ of execution, and my law finn or an agent of my firm purchased the property on behalf of the Plaintiffby bidding on the property at the sheriffs sale. I am making this verification rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property at sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-03025 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS HEINZE JONATHAN B CPL. TIMOTHY REITZ , Cumberland County,Pennsylvania, says, the within COMPLAINT - EJECTMENT HEINZE JONATHAN B DEFENDANT , at 1246:00 HOURS, at 217 SOUTH 15TH STREET CAMP HILL, PA 17011 JONATHAN B HEINZE a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 30th day of June by handing to the , 2003 EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~ day of A~ 2~3 A.D. ~ ~rothonotary ' ' ' So Answers: R. Thomas Kline 07/01/2003 FEDERM3kN & PHELJkN By: ~ .... FEDERMAN AND PllELAN L.L.P. BY: FRANK FEDERMAN Identification No. 12248 One Penn Center ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. VS Jonathan B. Heinze Or Occupants 217 South 15th Street Camp Hill, PA 17011 COURT OF COMMON PLEAS CIVIL DIVISION No. 03-3025-Civil Term Cumberland County PRAECIPE FOR JI~DGMENT IN E.IECTME, NT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. and against the Defendant(s) Jonathan B. Heinze and Or Occupants for possession of premises 217 South 15th Street, Camp Hill, PA 17011 for failure to file an Answer within twenty (20) days of service. I hereby certify that accorcFmg 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 attachedhereto. Default Judgment entered as indicated above. DATE FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO HOME MORTGAGE, INC. F/K/A NORWEST MORTGAGE, 1NC. Plaintiff Vs. JONATHAN B. HEINZE OR OCCUPANTS Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY : NO. 03-3025 CIVIL TERM TO: JONATHAN B. HEINZE OR OCCUPANTS 217 SOUTH 15TH STREET CAMP HILL, PA 17011 DATE OF NOTICE: ,Il 71,¥ 22, 2003 "~ 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 attomey 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 you property or other important fights. 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 £md out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PFIELAN L.L.P. BY: FRANK FEDERMAN Identification No. 12248 One Penn Center Plaza ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. VS Jonathan B. Heinze Or Occupants 217 South 15th Street Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL D1VISION No. 03-3025-Civil Term Cumberland County VERIFICATION OF NON-MII ,ITARY SERVICE FRANK FEDERMAN, 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 Jonathan B. Heinze Or occupants, is over 18 years of age, and resides at 217 South 15th Street, Camp Hill, PA 17011. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland Wells Fargo Home Mortgage, Inc., £/k/a Norwest Mortgage, Inc. VS Jonathan B. Heinze Or Occupants 217 South 15th Street Camp Hill, PA 17011 COURT OF COMMON PLEAS C1VIL D1VISION No. 03-3025-Civfl Term Cumberland County PRAF. CIPF. FOR Vv'RIT OF TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 217 South 15th Street, Camp Hill, PA 17011 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 217 South 15th Street / ~EI:LE,A-ND ~ ,nd Commonwealth ~nn~l~nt~, more partl~t~r~ d~crtb=d as~lt~ ~INN~NG at a pbint on the east aide of Fifteenth Street, said po .- HAVING THE~ON ereoted ~;he northern half of a d~uble two and on~-hal: story dwell/~g No."217 ~1. Fifteenth St~ee=. R~oorder of Dee~s Of.fi¢~ in and for C,m~erland County-i~ Book 35-J, PRI/HI~SES BEY. NC: 217 S. 15TH STRIi~-,t-. - ~]krT OF POSSESSION' Ej¢c~.enr P':.oceedhags PRCP .3160 - 3165 NORWEST MORTGAGE, INC. _ J_O3f&IBAi% _$_; _LJF_I.N_z~ _ 9 B_ _0_qC.U_~_ _akjy_s ........ No. ~03---0~O~5=~J~v_~%_TD~im_ .......... T.-.--_= 20 ...... No ................................ T..-x-~ 20_ ..... .~::,.;, ................................ P!'ff ~ ............................. ~ ........... ?~,~.v,. ............................. s ...... _~:_o_o_ CON[JIOzN%VEAL T'?{ OF COUi', ~'TY OF CU.X[BF_KL.~N~'D: CUMBERLAND C~unr,'. P.-r~nz. ......... WELLS FARGO HOME MORTGAGE, INC. , f/k/a NORWEST MORTGAGE, INC. .......................................................................................... beL-:~: :.P.-'~-._i.~-~ := fo;"o,,~]', : 217 SOUTH 15th STREET CAMP HILL, PA 17011 . . Curtis R. Long Pmchonoc~-.'. C~.--~'._.-:=-.:T P[~ V ,~'RYT OF POSSESSION ' E~ecu~en~ P:oceedtn~ PRC P 3150 - 3~65 etc, ,_~'. i'7,'-lE- C©L'.~.- C,.v CO.~.~2,£©.N- ?L.E.~.,f u'.- NORWEST MORTGAGE, INC. No..O3_-3J125=SJ.v_~l_T~Z~ ........... T--.--~ 20 ...... No ................................ T _<z'_m 20. ..... .~::'~ ................................ PUff ~ ............................. ~ ? ~cv..,' ............................. ~ .... _L.O_O___ C0.% fM ONWEAL T:~2 OF CUMBERLAND To :he -~he~ of ................................... WELLS FARGO HOME MORTGAGE, INC., f/k/a NORWEST MORTGAGE, INC. 217 SOUTH 15th STREET CAMP HILL, PA 17011 'I'RliE COPY FROM RECORD T' y M ~ ~,~.- ..... A~_~_ .e_ 3!: _3POP ............ FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. Plaintiff VS. JONATHAN B. HEINZE OR OCCUPANTS Defendant(s) Court of Common Pleas CUMBERLAND County No. 03-3025 CIVIL TERM PRAECIPE TO WITHDRAW COMPLAINTt WIT~IDRAW JUDGMENT AND DISCONTINUE AND END ACTION~ WITHOUT PREJUDICE. TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, withdraw the judgment and mark this case discontinued and ended, upon payment of your costs only. Attorney for Plaintiff