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HomeMy WebLinkAbout03-3030THE LAW OFFICES OF BARBAP~A A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, JOAN A. GUSH and OCCUPANTS OF 156 Creekside Drive Enola, PA 17025, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION EJECTMENT Cumberland Co~unty Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 NOTICIA LE ~ DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE {20) DIAS DE PI~ZO A PARTIR DE LA FECBA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBS pRESENTAR UNA APARISNCIA ESCRITA O EN PERSONA O POR 03-10002/P031003 CIVIL ACTION -- EJECTMENT 1o The Plaintiff, Federal National Mortgage Association, is a corporation authorized to do business within the Commonwealth of Pennsylvania, having its principal place of business at 1900 Market Street, Suite 800, Philadelphia, PA 19103. 2. (a) The Defendant, Joan A. Gush, is an individual whom Plaintiff believes and therefore avers is residing at the property address, that being 156 Creekside Drive, Enola, PA 17025, hereinafter referred to as the "Premises". (b) The Defendant (Unknown) individuals whom Plaintiff believes and residing at the Premises. Occupant(s) is/are therefore avers are hereto and Cumberland The Premises which are described at Exhibit "A" attached incorporated herein by reference, were sold at the County Sheriff's Sale conducted on June 11, 2003, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment entered in the Court of Common Pleas for Cumberland County at the suit of Homeside Lending, Inc. f/k/a BancBoston Mort~aqe Corporation v. Carl R. Boyd and Joan A. Gush, as Court Docket Number 02-3975. 4. The Premises were purchased by the Plaintiff at the Sheriff's Sale, said sale results being a matter of public record. 5. The Plaintiff acquired title to the Premises on the date and by virtue of said Sheriff's Sale, and is the real and of current entitled owner of said Premises by virtue of a Cumberland County Sheriff's Deed Poll, to be recorded in the Cumberland County Recorder of Deeds' Office at the earliest possible date. 6. The persons in possession of the Premises are believed to be the Defendant(s) in this action and are occupying the Premises without right and without claim to title. 7. The Defendants herein named were duly served with Notices of the Sheriff's Sale held on June 11, 2003. 8. Plaintiff has demanded possession of the Premises from the Defendant(s) who have refused to deliver up the possession thereof. WHEREFORE, the Plaintiff, Federal National Mortgage Association, respectfully requests entry of judgment for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 Drive, on th& nar~.~wns~ co~e~ o~ L~ ~o. 4 ~n ~h~ he~ei~f~er Za~c~r, ~h 47 de~e~ i9 ~s OO seconds ~e~, a di~ancg ~e ~aCCmr, Sou~ ~2 ~4e; 41 minutes oo ~eco~s Wee~, a distance oC VERIFICATION BARBARA A. FEIN, ESQUIRE, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Affidavit, and that the statements made in the foregoing Civil Action Complaint in Ejectment are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: June 21, 2003 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 SHERIFF' S RETURN - CASE NO: 2003-03030 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORT ASSOCIAT VS GUSH JOAN A ET AL REGULAR VALERIE WEARY Cumberland County, Pennsylvania, says, the within COMPLAINT - EJECTMENT GUSH JOAN A DEFENDANT , at 2043:00 HOURS, on the 30th day of at 156 CREEKSIDE DRIVE ENOLA, PA 17025 JOAN A GUSH a true and attested copy of COMPLAINT - EJECTMENT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon June the , 2003 by handing to together with and at the same time directing Her 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 honorary So Answers: R. Thomas Kline 07/01/2003 BARBARA FEIN By: De~pu~t~ -She r~/i~/~ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, JOAN A. GUSH and OCCUPANTS OF 156 Creekside Drive Enola, PA 17025, Defendants. NO. 2003-3030 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER Kindly enter judgment for possession in favor of Plaintiff, Federal National Mortgage Association, and against the Defendants, Joan A. Gush and (Unknown) Occupants/Tenants of 156 Creekside Drive, Enola, PA 17025, for failure to file an Answer to Plaintiffs Complaint in Ejectment within twenty (20) days from service thereof. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY'~ ~ Barbara A. Fein, Esquire AND NOW, this day o f _¢(~:~?z~_M., 2003, judgment for possession is entered in favor of the Plaintiff, Federal National Mortgagg Association, and against the Defendants, Joan A. Gush and Occupants/Tenants of 156 Creekside Drive, Enola, PA 17025. Curt Long, Prothonotary~ Cumberland County IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, JOAN A. GUSH and OCCUPANTS OF 156 Creekside Drive Enola, PA 17025, Defendants. NO. 2003-3030 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY S.S.: THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein named and that the above named Defendants are not in the Military or Naval Service of the United States of America or its Allies as defined under the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant as follows: Defendant Age Residence Employment : Joan A. Gush : Over 18 : 156 Creekside Drive, Enola, PA 17025 : Unknown Sworn to and subscribed before me this day of July, 2003. THE LAW OFFICES OF BARBARA A. FEIN, P.C. ~ B~bara~A F~ein~.. Es,~u.i ' BY: r. , q Counsel for Plaintiff NOTARIAL SEAL JOAN BERNS"rEIN. Notary Public Upper Dublin Twp ~,~lontgomery County My Commission Expires December 26, 2005 THE LAW OFFICES OF BARBARA A. FE1N, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2003-3030 JOAN A. GUSH and OCCUPANTS OF 156 Creekside Drive Enola, PA 17025, Defendants. CERTIFICATION OF MAILING OF NOTICE UNDER PA. RCP RULE 237.1 The undersigned hereby certifies that a written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the Defendant(s) and/or to their legal counsel of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the appended copy of the Notice, sent as stated. Dated: July 28, 2003 THE LAW OFFICES OF BARBARA A. FEIN, P.C. B~rbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este case. A1 no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o 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 o 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 assitencia legal: Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 Date of Notice: July 28, 2003 PERSONS SERVED: Joan A. Gush 156 Creekside Drive Enola, PA 17025 Occupants/Tenants 156 Creekside Drive Enola, PA 17025 THE LAW OFFICES OF BARBARA A. FEIN, P.C. /? Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From: THE LAW OFFICES OF BARBARA A. FEIN, PC. 425 COMMERCE DRIVE, ~UI I ~: lCvJ FORT WA~HIN~Tt'IN. PA I q~R4 PS Form 38t7, January 2001 / ~) {~ ~.,) ~}. /~/.~) U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: THE LAW OFFICES OF BARBARA A. FEIN, RC. 425 COMMERCE DRIVE, SUI~ c 100 FORT WASHINGTON, PA 190~4 or mettJ~ post a~ge, arkl post ma~. Inquiie From: To: Date: Subject: <autoemailer~mccalla.com> <kbarron@lobaf.com> 7122103 8:43AM Cases need updating. You have referral case(s) that have not yet been updated recently. Please log in to the McCalla Raymer Local Counsel referrals web site and update the current state of each case. The web site is located at http://www.fnbservice.com The following case(s) are in need of an update. Loan Number: 8152008507 Former Borrower: SHARON LANG Address: 10118 DEER VIEW WEXFORD, PA 150900000 Last Update: 7/14/2003 12:12:00 PM Loan Number: 8064031761 Former Borrower: MARK FRISBY Address: 1126 S 51ST ST PHILADELPHIA, PA 19143 Last Update: 7/14/2003 12:38:00 PM Loan Number: 8065044573 Former Borrower: WILLIAM HOHMAN JR Address: 4 BOX 276C GREENSBURG, PA 156010000 Last Update: 7/15/2003 1:00:00 PM This email was generated by an automated system. Please do not respond to it as the address is not monitored for responses, If you have a question regarding this email please contact tag@McCalla.com. THE LAW OFFICES OF BARBARA A. FE1N, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2003-3030 JOAN A. GUSH and OCCUPANTS OF 156 Creekside Drive Enola, PA 17025, Defendants. CERTIFICATION OF ADDRESS I, Barbara A. Fein, Esquire, Attorney for Plaintiff, Federal National Mortgage Association, hereby certify that the Plaintiffs correct address is 1900 Market Street, Suite 800, Philadelphia, PA 19103, and the last known address of each Defendant is as below. Joan A. Gush 156 Creekside Drive Enola, PA 17025 Occupants/Tenants 156 Creekside Drive Enola, PA 17025 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire Attorney for Plaintiff THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Att0meys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2003-3030 JOAN A. GUSH and OCCUPANTS OF 156 Creekside Drive Enola, PA 17025, Defendants. CERTIFICATE OF SERVICE I, Barbara A. Fein, Esquire, Attorney for Plaintiff, Federal National Mortgage Association, hereby certify that I have served a tree and correct copy of the appended pleadings/papers upon the following parties at the last known address and/or upon an attorney of record, as noted: Joan A. Gush 156 Creekside Drive Enola, PA 17025 Occupants/Tenants 156 Creekside Drive Enola, PA 17025 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire Attorney for Plaintiff THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2003-3030 JOAN A. GUSH and OCCUPANTS OF 156 Creekside Drive Enola, PA 17025, Defendants. NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice as set forth below, a Judgment may be entered against you without a heating and you maylose 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: Cumberland County Court Admirtistrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attomeys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaimiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2003-3030 JOAN A. GUSH and OCCUPANTS OF 156 Creekside Drive Enola, PA 17025, Defendants. PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue a Writ of Possession in the above matter with respect to real property situated at 156 Creekside Drive, Enola, PA 17025. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ,,~ ar ara . Fein, Esquire Attorney for Plaintiff WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Federal National Mortgage Association No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3030 Civil Term No. Term vs. Costs J_oan A. Gush and Occupants of Att'y. $ 79.50 156 Creekside Drive Pl'ff(s) $ Enola, Pa. 17025 ~ Prothy. $ 1.0 0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cnmborlmnd 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: Federal National Mortgage Association being: (Premises as follows): 156 Creekside Drive, Enola, Pa.17025. Plaintiff (s) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dam (s) and sell his/her (or their) interest therein. DateAUqust 20, 2003 (SEAL) Curtis R. Long Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and rP 0 , tO Sworn and subscribed to before me this day of Prothonotary So Answers, By Sheriff Deputy Cumberland ~.~ty~ ~ennaylvan~a, bnunded and c]eacrlBed aa Drive. ~ ~hm n~w~ c~er of ~ N~. 4 o~ the he~ei~fter ~n~ PI~ of ~; ~ alo~ ~e 1at. F, SuCh ET dm~ee~ 19 ~o:~ 2; da~a~ 4~ ~mm O0 a~s ~st, a ~Sta~ce o~ ~CO.OO ~eet to a po~ ~ ~m 11~ o~ ~t NO. 2 on sa~d Plan; ~cm aZong ~e ~e [a~m~, Sou~ 2~ees 41 m~nu~ oO u~co~s We~t, a distance of 100.00 f~ ~o a po~, ~e pXace of BE~I~ZN~. BF~NG clesiqllated aS Let: NO. '~ · ~ec~d B~ok J~ Vol~ 34, Paqe 808. WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 ~ 3165 etc.) Federal National Mortgage Association No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3030 Civil Term No. Term vs. Costs Joan A. Gush and OccuDants of Att'y. $ 79.50 156 Creekslde Drive Pl'ff(s) $ Enola, Pa. 17025 ~ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberl and 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: Federal National Mortgage Association being: (Premises as follows): 156 Creekside Drive, Enola, Pa.17025. 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. DateAuqust 20, 2003 (SEAL) Curtis R. Long Prothonotmy, Conumon Pleas Court of Cumberland County, Pennsylvania Deputy By virtue of this writ, on thc day of I caused the within named have possession of the premises described with the appurtenances, and returned STAYED on 9/29/03 as_ per Atty Fein, Sheriff's Costs: Docketin~ 18.00 Prothonotary 1.00 Service 11.04 Surcharge 20.00 Poundage 51.04 9 o O · to Writ of Possession Property is Vacant Advance Costs: 150.00 Sheriff's Costs: 51.04 98.96 Refunded to Atty on 9/30/03 Sworn and subscribed to before me this dayof 0 cfg:~ THE LAW OFFICES OF BARBARA A. FEIN, Barbara A. Fein, Esquire / I.D. No. Kristen J. DiPaolo, Esquire / I.D. No. 425 Con~erce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-U450 Attorneys for Plaintiff P.e. 53002 799912 FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, JOAN A. GUSH and OCCUPANTS OF 156 Creekside Drive Enola, PA 17025, Oefendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2003-3030 PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark the above referenced matter settled, discontinued and ended without prejudice to Plaintiff. Dated: September 25, 2003 THE LAW OFFICES OF BARBARA A. FEIN, BY: Kristen ~. [~squi Attorney for Plaintiff Attorney I.D. No. 79992 THE LAW OFFICES OF BARBARA A. FEIN, Barbara A. Fein, Esquire / I.D. No. Kristen J. DiPaolo, Esquire / I.D. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff P.e. 53002 No. 79992 FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, JOAN A. GUSH and OCCUPANTS OF 156 Creekside Drive Enola, PA 17025, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2003-3030 PRAECIPE TO HARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark the judgment entered matter satisfied of record. in the above referenced Dated: September 25, 2003 Kri '~ squire Attorney f~r /}ain~tiff Attorney I.D. No. 79992