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HomeMy WebLinkAbout07-5647PHELAN HALLINAN & SCHMIEG, LLP. By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Federal Home Loan Mortgage Corporation Foreclosure Unit Mail Stop 61 P.O. Box 5000 Vienna, VA 22183-5000 V. Kim Lee Casey Or Occupants 840 North Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Court of Common Pleas Civil Division : Cumberland County : No. D11- 51041 Civil IerM "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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PHS #: 161885 Plaintiff is Federal Home Loan Mortgage Corporation. 2. Defendant is Kim Lee Casey Or Occupants. 3. Plaintiff is the equitable owner of premises located at 840 North Pitt Street, Carlisle, PA 17013, a legal description of which is attached. 4. Plaintiff became equitable 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. WHEREFORE, plaintiff seeks to recover possession of said premises. ranc' S. Hallinan, Esqu re tto ey for Plaintiff Premises: 840 North Pitt Street, Carlisle, PA 17013 Cumberland County Pennsylvania DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by `E' Street; on the East by North Pitt Street; on the South by land now or formerly of Upton Glass and on the West by an alley; having a frontage of 50 feet on North Pitt Street and extending 179 feet in depth to the alley in the rear. BEING Lots Nos. 31 and 32 in Block No. 21 on the Plan of Lots of Carlisle Land & Improvement Company, as recorded in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a dwelling house known as No. 840 North Pitt Street, Carlisle, PA 17013. BEING the same property which was conveyed to Marlyn E. Casey and Helen J. Casey, his wife, by Janice W. Casey, Executrix of the Estate of Donald A. Black, deceased, by deed dated September 6, 1988, and recorded in the Office aforesaid in Deed Book `0', Vol. 33, Page 12. Marlyn E. Casey died on January 13, 1992, thus vesting title in Helen J. Casey, Grantor herein, as surviving tenant by the entirety. Being Parcel # 06-19-1643-260 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. Ltto ci .. H allinan, Esquire y for Plaintiff Date September 26, 2007 -F 00 00 _t _ 00 b A F,57 ,t rZ ? :._ SHERIFF'S RETURN - REGULAR CASE NO: 2007-05647 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL HOME LOAN MORTGAGE COR VS CASEY KIM LEE 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 f AgPV VTM T,PR the DEFENDANT , at 1702:00 HOURS, on the 2nd day of October , 2007 at 840 NORTH PITT STREET CARLISLE, PA 17013 by handing to ELIZABETH CASEY OCCUPANT a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service ? Affidavit Surcharge p? Sworn and Subscibed to before me this of So Answers: 18.00 ?J 4.80 .0.00 10.00 R. Thomas Kline .00 32.80 10/03/2007 PHELAN HALLINAN SC HMIEG By: (f I puty Sheriff A.D. day PHELAN HALLINAN & SCHMIEG By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Federal Home Loan Mortgage Corporation vs Kim Lee Casey or occupants 840 North Pitt Street Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 07-5647- Civil Term Cumberland County TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Federal Home Loan Mortgage Corporation and against the Defendant(s) Kim Lee Casey and or occupants for possession of premises 840 North Pitt Street, Carlisle, PA 17013 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. rancis S. Hallinan, Esquire Attorney for Plaintiff Default Judgment entered as indicated above. DATE PHELAN HALLINAN & SCHMIEG By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Federal Home Loan Mortgage Corporation vs Kim Lee Casey or occupants 840 North Pitt Street Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 07-5647- Civil Term Cumberland County 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 Kim Lee Casey Or occupants, is over 18 years of age, and resides at 840 North Pitt Street, Carlisle, PA 17013 . This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. Arancis S. Hallinan, Esquire Attorney for Plaintiff c ,.w .e- PHELAN HALLINAN & SCHMIEG Francis S. Hallinan, Esquire ATTORNEY FOR PLAINTIFF ID# 62695 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 Federal Home Loan Mortgage Corporation vs Kim Lee Casey Or Occupants COURT OF COMMON PLEAS CIVIL DIVISION No. 07-5647 Civil Term Cumberland County TO: Kim Lee Casey or occupants 840 North Pitt Street Carlisle, PA 17013 DATE OF NOTICE: Octaher 24, 2007 "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." 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 (10) 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 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 COURTHOUSE COURT ADMINISTRATOR 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 /Francis S. Hallinan, Esquire Attorney for Plaintiff O O co PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Federal Home Loan Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs Kim Lee Casey or occupants 840 North Pitt Street Carlisle, PA 17013 No. 07-5647- Civil Term Cumberland County PR,4ECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 840 North Pitt Street, Carlisle, PA 17013 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 840 North Pitt Street rancis S. Hallinan, Esquire ATTORNEY FOR PLAINTIFF ?'`pE CI cr - # '? a .G pro ?. 00 00 00 l? cc .L 7 r`b C c Premises: 840 North Pitt Street, Carlisle, PA 17013 Cumberland County Pennsylvania DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by `E' Street; on the East by North Pitt Street; on the South by land now or formerly of Upton Glass and on the West by an alley; having a frontage of 50 feet on North Pitt Street and extending 179 feet in depth to the alley in the rear. BEING Lots Nos. 31 and 32 in Block No. 21 on the Plan of Lots of Carlisle Land & Improvement Company, as recorded in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a dwelling house known as No. 840 North Pitt Street, Carlisle, PA 17013. BEING the same property which was conveyed to Marlyn E. Casey and Helen J. Casey, his wife, by Janice W. Casey, Executrix of the Estate of Donald A. Black, deceased, by deed dated September 6, 1988, and recorded in the Office aforesaid in Deed Book `0', Vol. 33, Page 12. Marlyn E. Casey died on January 13, 1992, thus vesting title in Helen J. Casey, Grantor herein, as surviving tenant by the entirety. Being Parcel # 06-19-1643-260 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) FEDERAL HOME LOAN MORTGAGE CORPORATI vs. KIM LEE CASEY OR OCCUPANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5647 CIVIL 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: FEDERAL HOME LOAN MORTGAGE CORPORATION Plaintiff (s) being: (Premises as follows): 840 NORTH PITT STREET, CARLISLE, PA 17013 Cods: $144.3o Po A1Yy g.00 bue ec (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 )1'O9'Q'J (SEAL) thonotary, Common Pleas Co f Cumberland County, Pennsylvania By: Deputy CD < a OC) H O CD W O CD O ,Z? ro x C a ro H cn r, H O V y .b 0 w H CD 9 cn trJ `?h CD H .- a. cn b ?v y o iol? n O Ln Cn b C (? y W b a, O 0 y0 Iro 0 0 H b l1i ? z 0r z En O n tri y r M --3 b ? r bd xza o CrJ y > O o C ? z ?y O H ? H O n y a 0 [tx7 yy b a 0 O Q Pd ro 0 zz z oz Y y v' 0 i 0 0 V Ul 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 So Answers, Sworn and subscribed to before me this day of Prothonotary By Sheriff Deputy ' WRIT OF POSSESSION (Ejectment Proceedings PROP 3160 - 3165 etc.) FEDERAL HOME LOAN MORTGAGE CORPORATIO1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KIM LEE CASEY OR OCCUPANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: No. No. Att' y. Pl' ff (s) Prothy. Term Term Costs $ 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: FEDERAL HOME LOAN MORTGAGE CORPORATION being: (Premises as follows): 840 NORTH PITT STREET, CARLISLE, PA 17013 Cos'4s 144 . aO ft ATrY a.00 bw 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 /l /09 10!7 (SEAL) 'Piothonotary, Common Pleas C of Cumberland County, Pennsylvania BY: Deputy 07-5647 CIVIL Sheriff's Return: Advance Costs: 150.00 Sheriff's Costs: 76.30. Docketing 18.00 73.70 Surcharge 20.00 Poundage 1.50 Refunded to Atty on 1/10/08 Prothy 2.00 4.80 , ssibn 30.00 / 5 ?•? 76.30 ? Sheriff y nWOpq by ? b d y O C'' p ? .yn r.? C i t-I CI. > 00 4.j CD M C " y ay?? a CD C, z t,4 0 o 14 o zC ?A -3 PO rox ;tiO `''x' C1y CD '?H to m o OO H El -j y 'Tf Ell) O O z ? W H Cr N 'O t2l. y (PIN Cn n rod. 'A ? yc 0 zz CD bs sA sA (? Z p ro n °z y $ 0 Oil By virtue of this writ, on the 9th day of January 2007 I caused the within named Federal Home Loan Mortgage Corp o have possession of the premises described 840 North Pitt St Carlisle, PA 17013 So Ans Sworn and subscribed to before me this-+0'?''? day of , heriff B Deputy Prothonotary l?l 0S1311, 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 Federal Home Loan Mortgage Corporation VS. Plaintiff Kim Lee Casey Or Occupants Defendant(s) Attorney for Plaintiff Court of Common Pleas Cumberland County No. 07-5647-Civil Term 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. Dale 7 rancis S. Hallinan Attorney for Plaintiff PHS # 161885 f? a-{ r? - = '; .. _ i=='. _. -? ? . , _ . _.. °_' ?,,, ?.,?? _ . ,:? . s.'