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Home My WebLink About07-5644l" 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 Wells Fargo Bank, N.A., s/b/m To Wells Fargo Home Mortgage, Inc. 3476 Stateview Blvd. Fort Mill, SC 29715 V. Stanley M. Deimler, Jr. Or Occupants 308 Wertz Avenue Monroe, PA 17055 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. J)q- 5lo?t{ eiv, berm 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 #: 162108 1. Plaintiff is Wells Fargo Bank, N.A., s/b/m To Wells Fargo Home Mortgage, Inc.. 2. Defendant is Stanley M. Deimler, Jr. Or Occupants. 3. Plaintiff is equitable owner of premises located at 308 Wertz Avenue, Monroe, 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 September 5, 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. Franc' S. Hallinan, Esquire \kttofhey for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffman and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. 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 ra cis S. Hallinan, Esqui torney for Plaintiff OQ ? ' ,J Do O $ 6 SHERIFF'S RETURN - REGULAR CASE NO: 2007-05644 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS DEIMLER STANLEY M JR JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon DEIMLER STANLEY M JR the DEFENDANT , at 0948:00 HOURS, on the 8th day of October 2007 at 308 WERTZ AVENUE MECHANICSBURG, PA 17055 by handing to STANLEY DEIMLER 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 8.64 Affidavit .00 Surcharge 10.00 .00 lojvlo 36.64 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/09/2007 PHELAN HALLINAN SCHMIEG By: r7l"Ity Sheriff A.D. i , ob.. 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 Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc. VS. Stanley M. Deimler, Jr. Or occupants 308 Wertz Avenue Monroe, PA 17055 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 07-5644-Civil Term Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc. and against the Defendant(s) Stanley M. Deimler, Jr. and Or occupants for possession of premises, 308 Wertz Avenue, Monroe, 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. Rtt is S.allinan, Es ire ney for Plaintiff Default Judgment entered as indicated above. DATE PHELAN HALLINANT & 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 WELLS FARGO BANK, N.A., SB/M TO WELLS : COURT OF COMMON PLEAS FARGO HOME MORTGAGE, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY STANLEY M. DEIMLER, JR. OR OCCUPANTS :NO. 07-5644-CIVIL TERM Defendants d t1, TO: STANLEY M. DEIMLER, JR. OR OCCUPANTS ° 308 WERTZ AVENUE MONROE, PA 17055 DATE OF NOTICE: OCTOBER 30.2007 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 (800)990-9108 .tam..-..? FRANCIS S. HALL N, ESQUIRE Attorneys for Plaintiff / .. %^ Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 Attorney for Plaintiff 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc. VS. COURT OF COMMON PLEAS CIVIL DIVISION No. 07-5644-Civil Term Cumberland County Stanley M. Deimler, Jr. Or occupants 308 Wertz Avenue Monroe, 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 Stanley M. Deimler, Jr. Or occupants, is over 18 years of age, and resides at 308 Wertz Avenue, Monroe, 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, Esqu •e A rney for Plaintiff a ?i "?? d -?- ? ? q ,? f;?, ? {? ? ? ?... - ??:z --? ?,,, J?-',w.y w? ?I S ?. ? + ? PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mortgage, Inc. COURT OF COMMON PLEAS CIVIL DIVISION VS. No. 07-5644-Civil Term Cumberland County Stanley M. Deimler, Jr. Or occupants 308 Wertz Avenue Monroe, PA 17055 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 308 Wertz Avenue, Monroe, PA 17055 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 308 Wertz Avenue Fr cis S. Hallinan, Es 41"uire orney &;'?? for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line of Wertz Avenue, said point being at the dividing line between Lots Nos_ 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred filly (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No. 1 of Trindle Spring Garden, recorded in Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffinan and Elaine A. Kauffman, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles L. Miller, Jr., in fee. fal! Baas a h Z v W 44 b c? 0 .60. 11 LA 00 -C:% o o .? CJ r r= rM. r.a c.:a 0 cr 0 9 =°c WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF WELLS FARGO BANK. N. A.. s /b /m TO CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO HOME MORTGAGE, INC. No 07-5644-civil term Term vs. STANLEY DEIMLER, JR. OR OCCUPANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND No. Att'y. _ Pl'ff (s) Costs Prothy. County, Pennsylvania Term (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: WELLS FARGO BANK, N.A., s/b/m to WELLS FARGO HOME MORTGAGE, INC. being: (Premises as follows): 308 WERTZ AVENUE MONROE, PA 17055 C , $163.14 Pti ATry 01.00 bOe Co 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. Date 11 /N&7 (SEAL) 3 44.`_ Pro onotary, Common Pleas Co of Cumberland County, Pennsylvania By: Deputy =. F -p pp- a p? Vl g ?, ? d ? W gC? c-- ?O CL 0 c ' Z 00 C D V CD y CD ro N `? ?t--j cD L-n N C Cn - y BCD o ?Ln g 0 Cn C4 n y :b w a b o ? ?z ooy ?? C z °o?Z rr z O ? r cn ?n ?H tj 'ys N C?] PO c o rCt-i o 0 C o C U rZI C y - z z? 0 ?d o ? CO "b b z zz 9 n rr b o M > C >CA 4 0 z z 0 0 tC V 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, By Sheriff n--+., Sheriff's Return: Advance Costs: 150.00 Qb+o S Docketing 18.00 Sheriff's Costs: 81.20 Surcharge 20.00 68.80 Q L Poundage 1.60 S t- 7 Prothy 2.00 ; P -t5 Possession 30.00 efunded to Atty 4/24/08 -f s z Milage 9.60 0' - 81.20 ?01 4a =.a ..c N zzw -, z 0 :E: b rd N 9 a o? L? c? Ca- v? d b n ? a 69 8 • 0 W In ?1 00 zoos O rP r r4 cz y m byd ya n :b H a oo ?G ?7J a ?c C ;-dO O ?? O 0 M n 'C yO b z . zO 0 ry a? z0 z z 0 0 By virtue of this writ, on the -3, ,j day of Ate; 1 2008 I caused the within named Wells Fargo Bank, N.A. et al to M? ham„ l? ?„ r have possession of the premises described M tf t 8_Wputz Ave, Sworn and subscribed to before me this day of Prothonotary >s 0 R u CD 0 So Answers, all" Sh • By Deputy WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) WELLS_FARGO RANK, N.A.. s/b/m TO WELLS FARGO HOME MORTGAGE, INC. IN THE COURT OF COMMON PLEAS Oh CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5644-civil term vs. STANLEY DEIMLER, JR. OR OCCUPANTS Term No. Term Costs Att' y. $ Pl'ff (s) $ --- --- Prothy. $ 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: WELLS FARGO BANK, N.A., s/b/m to WELLS FARGO HOME MORTGAGE, INC. Plaintiff (s) being: (Premises as follows): 308 WERTZ AVENUE MONME, PA 17055 mmki , 153.14 Pb AIT`I 01. Do Ue 00 Oft CO" FROM RECORD ,p In estlrnQny W? .rC_rf, I here unin set my Mann i 7 ( 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 //!7 ^T thonotary, Common/Please Co(((??? f Cumberland County, Pennsylvania By: L? / ;R_? TT Tai 1