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HomeMy WebLinkAbout07-4241Phelan, 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 601 Penn Street Reading, PA 19601 v. Curtis R. Waters Or Occupants 24 South Washington Street Shippensburg, PA 17257 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. Q'7- ~a ~ ~ C l vi ~ I GI'YV- 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 appeazance 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 #: 158585 1. Plaintiff is Sovereign Bank . 2. Defendant is Curtis R. Waters Or Occupants. 3. Plaintiff is equitable owner of premises located at 24 South Washington Street, Shippensburg, PA 17257, 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. r r~ ~ u'S ~c~t-r ~~' Francis S. Hallinan, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain lot or parcel of land, with a frame dwelling house thereon erected, situated on the West side of South Washington Street, in the Borough of Shippensburg, Cumberland County, Pennsylvania, known as 2~ South Washington Street, more particularly bounded and described as follows: ON the North by lot of land now or formerly of Oren S. Creamer and wife; on the East by South Washington Street; on the South by lot of land now or formerly of Lee Reed; on the West by lot of land now or formerly of Dessie M. Clay; having a frontage on said South Washington Street of 32 feet and a depth of ] 60 feet. BEING the same real estate that Syvilla A. Barnett and Edward L. Sheaffer, by their deed dated and intended to be recorded prior to the recording of this deed in and for Cumberland County, Pennsylvania, conveyed to Curtis 1~Vaters, Grantor and Mortgagor herein. PROPERTY BEING: 24 SOUTH WASITYNGTON STREET, SHIPPENSBURG,. PA 17257. 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. ~~ G1 S Dat F ancis S. Hallinan, Esquire Attorney for Plaintiff f'Z ra ~:_a [) (~.. ~ ~ .~ ~ ' _i_ ry D -- r_:, ~~ • ~. 1 \./ SHERIFF'S RETURN - REGULAR CASE N0: 2007-04241 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS WATERS CURTIS R KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT WATERS CURTIS R DEFENDANT the at 1609:00 HOURS, on the 26th day of July 2007 at 24 SOUTH WASHINGTON STREET SHIPPENSBURG, PA 17257 CURTIS WATERS was served upon 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: Docketing 18.00 Service 19.20 Affidavit .00 Surcharge 10.00 .00 ~,~ Jql~-1 ~,,, / 4 7 . 2 0 Sworn and Subscibed to before me this day of , So Answers: ~~~ - /- R. Thomas Kline 07/27/2007 PHELAN HALLINAN SCHMIEG By: ep t iff A.D. L ~l Phelan Hallman & Schmieg, YJLP By: Francis S. Hallman, Esquire Identification No. 62695 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (~15) 563-7000 Sovereign Bank vs. Curtis R. Waters or occupants 24 South Washington Street Shippensburg, PA 17257 Attoraey for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 07-4241-Civil Term Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Sovereign Bank and against the Defendant(s) Curtis R Waters and or occupants for possession of premises, 24 South Washington Street, Shippensburg, PA 17257 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. ~' F n S. Hallman, Esqu' e tt ey for Plaintiff DATE - PHELAN HALLINAN & SCHMIEG, LLP ~ '~- By: 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 (215) 563-7000 SOVEREIGN BANK :COURT OF COMMON PLEAS Plaintiff CIVIL DMSION Vs. CUMBERLAND COUNTY CURTIS R WATERS OR OCCUPANTS Defendants : NO. 07-4241-CIVII, TERM TO: CURTLS R WATERS OR OCCUPANTS 24 SOUTH WASHINGTON STREET ~~~ SHIPPENSBURG, PA 17257 DATE OF NOTICE: AUGUST 16.2007 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 (80090-9108 a ~ ~. NCIS S. HAL AN, ESQUIRE Attorneys for Plaintiff .. s Phelan Hallman & Schmieg, LLP By: Francis S. Hallman, Esquire Identification No. 62695 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-70011 Sovereign Bank vs. Curtis R. Waters or occupants 24 South Washington Street Shippensburg, PA 17257 Attorney for Plaintitl' COURT OF COMMON PLEAS CNIL DNISION No. 07-4241-Civil Term Cumberland County YERh'hCATION OF NON-~VIILITARY SERVICE FRANCIS S. HALLINAI~I; 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 Curtis R Waters Or occupants, is over 18 years of age, and resides at 24 South Washington Street, Shippensburg, PA 17257. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unswom falsification to authorities. F cis .Hallman, Esquire A o for Plaintiff (~ +.. '~, r ~] 1 ~, l •Q ~ ~' ~~~ '~ ~ O C~ ~~-. -~ ' ~ ~ jam. W ~ U © i ~ G ~. ; .... t. - --1 _ - -~ 7 ~"~ ~.~ ~ ~ ~ ~ Q ~• PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland Sovereign Bank vs. Curtis R. Waters or occupants ~ ' 24 South Washington Street ' Shippensburg, PA 17257 COURT OF COMMON PLEAS CIVII. DIVISION No. 07-4241-Civil Term Cumberland County . PRAEC)fPE i~OR WRIT OF POSSESSION ~. TO THE PROTHONOTARY: Issue Writ of Possession in the dove matter for possession of: 24 5auth Washington Street, Shippenrg, PA 17257 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 24 South Washington Street n 5. Hallman, Esquir Atto ey for Plaintiff M. L ~ ~ ~ ~~ _`~} `~"~ -,p, w .'~ `p ;C ~ C o a o ~ ~ ~ :, ~ .~.~ ~ [~ -~--;~, .. . ~ ~r= ,,.' ..~, LEGAL DESCR1PTiON ALL that certain lat or parcel of land, with a frame dwelling house thereon erected, situated on the West side of South Washington Street, in the Borough of Shippensburg, Cumberland County, Pennsylvania, known as 24 South Washington Street, more particularly bounded and described as follows: ON the North by lot of land now or formerly of Oren S. Creamer and wife; on the East by South Washington Street; on the South by loi of Ia<~d now or formerly of Lee 1Zeed; on the West by lot of land now or formerly of Dessie M. Clay; having a frontage on said South Washington Street of 32 feet and a depth of I ti0 feet. BEING the same real estate that Syvilla A. Barnett and Edward L. Shaeffer, by their dead dated and intended to be recorded prior to the recording of this deed in and for Cumberland County, Pennsylvania, conveyed to Curtis Waters, Grantor and Mortgagor herein. PROPERTY BEING: 24 SOUTH WASHINGTON STREET, SHIPPZiNS$URG,. PA 17257. ~' . WRIT OF POSSESSION (Ejectment Proceedings PROP 3160 - 3165 ete.) SOVEREIGN BANK vs. CURTIS R. WATERS OR OCCUPANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4241-Civil Term Term No. Term Costs Atty. $ 163.70 Pl'ff (s) $ Prothy. $ 2.00 County; Pennsylvania (l) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: SOVEREIGN BANK being: (Premises as follows): 24~ SOUTH WASHINGTON' STREET SHIPPENSBURG, PA 17257 Plaintiff(s) (2) To satisfy the costs against the defendant (s) you are directed to Ievy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date August 30, 2007 (SEAL) Carur~on Pleas Court of and County, Pennsytvzu~ia Deputy may'. _ ~ ~ ~~„~ ~ O x~ ~ ~ ~n roo Y 7d~ ~ ~ ,~ ~ x ~ ~ "~ ~ ~ ~. y µ G~ ~ be ~ ~o ~. -~ A- y ~ 9~ ro ~ _ y w~ ~ ~ ~~' ~x ~ ~~ ~ ~o ~ N ~ ~ -"3 0 C!] .7.. ~ N CAD ~ v Cii ... b4 {aR Efi EA ~ Z ~ r `~ a ~,y H ~ C O O By virtue of this writ, on the day of , I caused the within named , to have possession of the premises described with the appurtenances, and _ ' So Answers, :; Sworn and subscribed to beftx~ me this day of Sheriff . By Drnthnnntarv Sheriff's Return: `. Docketing.: 18.00 ~ _., Sur~:harg~ : 20.00- =~~ Po~?dag~ ~ 1.19 2 00 '= iit Pra;th Y~` . 20 19 . __ ~~~, - :~ ,~ ~~; CA N ~ x~ ~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~ t ~ ~ ~ x ,,.., O 3 ~ roz ~ 'v w ~ ~ ° ^ z • ~, ~ ~p N C!] ~ v ~ ~ ~ ~' a ~ b ro ~ o ~. ~- .. ~ :< ~ t O w N - O O _ - Advance iff' Sh Casts: 150.00 s Costs:6 d er ~~ ~ _. n 9/2 ~~ ~~ 5I'0%" Refunded to Atty o e 1 Q l J ~ r~ ~ ~H N ~ ~x o *o ~ z r n ~ ~ ~~ 9 ~ YQ . C'1 y r~ y' . d W ;oO ~ Qp ~, OO '~' Zn_ m v ~ p n ~ ~ ~ v,~ b -ti~ y0 ~ zz b ~z ~ ~~ ~, ~ .~ ~ ~~ ~~ Q ~ 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 returned Stayed per Atty on 9/21J07 to Sworn and subscribed to before me this day of Prothonotary So ~Ans rA~ eriff ~. By ~ (~ ~ S~ -' a' Q~.~ l9~ ~? WRIT OF POSSESSION (Ejectment Proceedings PROP 3 2 6d - 3 2 65 etc.} IN THE COURT OF COMMON PLEAS OF SOVEREIGN BANK CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4241-Civil Term -Tenn No. _ _ Term vs. CURTIS R. WATERS OR OCCUPANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND Costs Atty. ~ $ 163.70 Pl'ff (s) $ Prothy. $ 2.00 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 Plaintiff (s} being: (Premises as follows): 24 SOUTH WASHINGTON' STREET SHIPPENSBURG, PA 17257 (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. Comrr~n Pleas Court of County, Pennsylvania date AuUUSrt 30, 2007 / (SEALS ~ Denuty 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 SOVEREIGN BANK Attorney for Plaintiff Plaintiff Court of Common Pleas CUMBERLAND County vs. No. 07-4241-CIVIL TERM CURTIS R. WATERS OR OCCUPANTS Defendant(s) 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 and mark this case discontinued and ended, upon payment of your costs only. ~/aa/~ Date ~~ _ F ancis S. Hallinan Attorney for Plaintiff PHS # 158585