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Home My WebLink About07-4017 _~ Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215)563-7000 Sovereign Bank, FSB. 601 Penn Street Reading, PA 19601 v. James D. Schroeder Or Occupants 2422 Rolling Hills Drive Mechanicsburg, PA 17055 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. 0'~- ~O ~'~ CIVIL ACTION -EJECTMENT 'MThis 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 #: 157570 1. Plaintiff is Sovereign Bank, FSB. . 2. Defendant is James D. Schroeder Or Occupants. 3. Plaintiff is equitable owner of premises located at 2422 Rolling Hills Drive, Mechanicsburg, PA 17055 , 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 June 13, 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. ~. F ancis S. Hallinan, Esquire Attorney for Plaintiff Premises: 2422 Rolling Hills Drive, Mechanicsburg, PA 17055 Upper Allen Cumberland County Pennsylvania PLANNED UNIT DEVELOPMENT DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as Lot No. 146 on a plan for Bowman's Hill, dated March 29th, 1993 and recorded in the Office of the Recorder of Deeds, in and for Cumberland County in Subdivision PLAN BOOK 68, PAGE 15 ERRONEOUSLY STATED AS PLAN BOOK 65, PAGE 139 IN PRIOR DEED, more fully bounded and described as follows, to wit: BEGINNING at a point on the South side of Deerview Drive at the Northeast corner of Lot No. 169; thence South fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds West, a distance of one hundred and fifty one hundredths (100.50) feet to a point; thence South seventy- five (75) degrees, twenty-four (24) minutes, twenty-two (22) seconds East, a distance of one hundred and fifty one-hundredths (100.50) feet to a point on the West side of Rolling Hills Drive; thence North fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds East, a distance of eighty-eight and fifty one-hundredths (88.50) feet to a point; thence along a curve to the left, having a radius of twelve and zero one hundredths (12.00) feet, a chord bearing of North thirty (30) degrees, twenty-four (24) minutes, twenty-two (22) seconds West, an arc distance of eighteen and eighty-five one hundredths (18.85) feet to a point on the South side of Deerview Drive; thence North seventy-five (75) degrees, twenty-four (24) minutes, twenty-two (22) seconds West, a distance of eighty-eight and fifty one hundredths (88.50) feet to a point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to the same conditions, restrictions, exceptions and reservations as exist by virtue of prior recorded instruments, deeds and conveyances. BEING THE SAME PREMISES WHICH Frederick R. Dublin and Barbara J. Dublin, by their Deed dated August 16, 1995, recorded August 21, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 126, Page 1141, granted and conveyed unto Frederick R. Dublin and Barbara J. Dublin, the Grantors herein. PARCEL IDENTIFICATION NO: 42-29-2454-270 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 Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the property on behalf of the Plaintiff by 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 F ancis S. Hallinan, Esquire Attorney for Plaintiff .~ C'J t. ^~ o° Q ~ ~ rrza~' -- ~~ ~ ~ r gy .. p W ~ ~.r= , ,~~„ • --, ul ~, ~-' .-.. `j`-r' ~~ ~y „~ "' ~ „- 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-04017 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK FSB VS SCHROEDER JAMES D MEGAN HARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon SCHROEDER JAMES D the DEFENDANT at 1821:00 HOURS, on the 13th day of July 2007 at 2422 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 JAMES SCHROEDER by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.56 Affidavit . 00 .~'''"~:~.~.~°`'~ -~=~`-'"''~"~ Surcharge 10.00 R. Thomas Kline ~~t3~~~~~'^" ~° 3~ 07/16/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By:~ ~- m ~ d'~,c, ,~-,z~~- before me this day puty Sheriff of A.D. .~ 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 Sovereign Bank, FSB vs. James D. Schroeder Or Occupants 2422 Rolling Hills Drive Mechanicsburg, PA 17055 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 07-4017 Civil Term Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Sovereign Bank, FSB and against the Defendant(s) James D. Schroeder and Or Occupants for possession of premises, 2422 Rolling Hills Drive, Mechanicsburg, PA 17055 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 hereto, Default Judgment entered as indicated above. ~` ~° ra is S. Hallinan, Esquir orney for Plaintiff DATE PHELAN HALLINAN & SCHMIEG, LLP .. $y: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 ~ is~ s~~_~ooo SOVEREIGN BANK, FSB Plaintiff Vs. JAMES D. SCHROEDER OR OCCUPANTS Defendants TO: JAMES D. SCHROEDER OR OCCUPANTS 2422 ROLLING HII.LS DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: AiTGiT,4T 3, 2007 COURT OF COMMON PLEAS CIVIL DMSION CUMBERLAND COUNTY NO. 07-4017 CML TERM 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 MAYBE 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 '~'' 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 Attorney for Plaintiff Sovereign Bank, FSB COURT OF COMMON PLEAS CIVIL DIVISION vs. No. 07-4017 Civil Term Cumberland County James D. Schroeder Or Occupants 2422 Rolling Hills Drive Mechanicsburg, PA 17055 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 James D. Schroeder Or occupants, is over 18 years of age, and resides at 2422 Rolling Hills Drive, Mechanicsburg, PA 17055. 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, Esquir Att ey for Plaintiff y ~: i' T ~ ~ O A -~ °4 '~ ~ 0 0 o __ _ ~ - ~ R ~; ~~ I„-« is } -n ~~ i~ °1 j~%e ~ ' j {~ t'. ~ i T1 ~ a r, • ~ PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland Sovereign Bank, FSB vs. James D. Schroeder Or Occupants 2422 Rolling Hills Drive Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CIVIL DIVISION No. 07-4017 Civil Term Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 2422 Rolling Hills Drive, Mechanicsburg, PA 17055 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 2422 Rolling Hills Drive ~~ ran s S. Hallinan, Esqui e rney for P1ainNff ~ ~ ~ _,_, ~ ` Z° ~ O .~. as oe ..~. O VI U1 : ~' ~ - ~ 1 ~-~ --~ ~~ ~ O ~ ~ ocs Q 4 6' ~ b ~s . :~: . ;43 ~ ~ ,~ Premises: 2422 Rolling Hills Drive, Mechanicsburg, PA 17055 Upper Allen Cumberland County Pennsylvania PLANNED UNIT DEVELOPMENT DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as Lot No. 146 on a plan for Bowman's Hill, dated March 29th, 1993 and recorded in the Office of the Recorder of Deeds, in and for Cumberland County in Subdivision PLAN BOOK 68, PAGE 15 ERRONEOUSLY STATED AS PLAN BOOK 65, PAGE 139 IN PRIOR DEED, more fully bounded and described as follows, to wit: BEGINNING at a point on the South side of Deerview Drive at the Northeast corner of Lot No. 169; thence South fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds West, a distance of one hundred and fifty one hundredths (100.50) feet to a point; thence South seventy- five (75) degrees, twenty-four (24) minutes, twenty-two (22) seconds East, a distance of one hundred and fifty one-hundredths (100.50) feet to a point on the West side of Rolling Hills Drive; thence North fourteen (14) degrees, thirty-five (35) minutes, thirty-eight (38) seconds East, a distance of eighty-eight and fifty one-hundredths (88.50) feet to a point; thence along a curve to the left, having a radius of twelve and zero one hundredths (12.00) feet, a chord bearing of North thirty (30) degrees, twenty-four (24) minutes, twenty-two (22) seconds West, an arc distance of eighteen and eighty-five one hundredths (18.85) feet to a point on the South side of Deerview Drive; thence North seventy-five (75) degrees, twenty-four (24) minutes, twenty-two (22) seconds West, a distance of eighty-eight and fifty one hundredths (88.50) feet to a point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to the same conditions, restrictions, exceptions and reservations as exist by virtue of prior recorded instruments, deeds and conveyances. BEING THE SAME PREMISES WHICH Frederick R. Dublin and Barbara J. Dublin, by their Deed dated August 16, 1995, recorded August 21, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 126, Page 1141, granted and conveyed unto Frederick R. Dublin and Barbara J. Dublin, the Grantors herein. PARCEL IDENTIFICATION NO: 42-29-2454-270 . WRIT OF POSSESSION (Ejectment Proceedings PROP 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF SOVEREIGN BANK, FSB CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4017-CIVIL TERM vs. JAMES D. SCHROEDER OR OCCUPANTS Prothy. $ a • pO No. Term Term Costs Atty. ~ $ ~ 15b. Dtn Pl'ff (s) $ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County; Pennsylvania (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: SOVEREIGN BANK, FSB Plaintiff (s} being: (Premises as follows): 2422 ROLLING HILLS DRIVE MECHp,NICSBURG, PA 17055 (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 $./~~~ D'1 r (SEAL) notary, Common Pleas C of Cturrberland County, Pennsylvania By: Deputy o. N ~ tyy ,~'` c~ N o ~ 3 ro H O ~ r tq `~ (~ ~z \ . ~ ~ ~ K _ a'; ro r ~` ~ r ~ ~ C _ ' ~ , J ~ p., o ~ ~~ cn *v b y ~- n -,, ~ Q ~ ~~ `.< ~ ~ n 0 ~ ~ ~ ~ ~n -- g ~ ~ ~ z d ~ ~ x o rr~ t7 ~Z H ~z W y ~ ~ r~ yo z~ b y` n O O ,~ *z-3 O ~~ ~ ~ z ~C ~" r~ e~ ~~ ~o 0 0 r~ ~~ ~ ~ ;~ ~v ~~ ~~ H ;ti O w ~b °` O o ~ W t/'j ~ ~ c, ~ ~ ~ n O ~ By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and to Sworn and subscribed to before me this day of So Answers, Sheriff By Prnthnnnt arv ~.~..7 [(~~ q ((tom." . "+ L3~Cr1 a a N ~ Ct1 ~ ~~'s x N ~ zy -d.n°r bd H ~ ~~ .~ ~ x a; ro r ~~ _d p- ° c ~~ a o 3 o vz - ~tar7 ~ ~. ;, R. Thomas IUina, Sheriff,~who being duly sworn according to law, ~ , . Writ is ntumed Expired. ~ ~::: . SheriPFs Costs: Advat~e Costs: Sheriffs Costs Docketing Poundage i ~ i 18.00 L00 r,-7 I-a ~"'"~ ng Adven s Law Library Prothonotary 2.00 Refw~d to Atty on 08!13/08 Mileage Misc. 9.60 _~ .,.~ Surcharge -Levy 20.00 - tT Post Porte Sile CertiSed Mail , ~ Postage Garnishee / 60 / 50 _ .. So Atuluc~; y TOTAL . Q . ~ . `rte g~~ (((((( lip. Sdetfff R BY ro ~ y c o 0 ° z c ti ~ ~ ro ~ ~ H z rn i 7d f'~ y o d ~' ~~ d %CJ . ~ wt~ ~ ~ pO oo ~ ~ ~ z~- H y ~,~ ~ ~ ~ ~o ~ ~ ~ ro ~ b ~ HO ~ zz ~z cr ro ~~ ro ~ ~ . - r c~ yO ~~ By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and to ~.?. ov - C L SIIL ~ So Answers, (,Z~' 02~ 3 33 Sworn and subscribed to before me this day of ~ , Sheriff By Prothonotary Deputy WRIT OF POSSESSION (Ejectment Proceedings PROP 3160 - 3165 etc.) ~QVEREIGN BANK, FSB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4017-CIVIL TERM Term No. Term vs. _ Costs ~ JAMES D. SCHROEDER OR. OCCUPANTS Atty. ~ $ P1'ff (s) $ Prothy. $ .2 , oa 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: SOVEREIGN. BANK., FSB being: (Premises as follows): 2422 ROLLING HILLS DRIVE MECHANIGSBURG, PA 17055 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 sel~,~is/her (~ their) interest therein. Date $ l l~'IO'J (SEAL) ~, otary, Common Pleas of Camtberland County, Pennsylvania By: Deputy