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HomeMy WebLinkAbout07-6360 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 The Bank of New York Trust Company As Successor To JP Morgan Bank As Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 V. Kenneth L. Williams, Sr. Or Occupants 4281 Carlisle Road Gardners, PA 17324 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term : No CIVIL ACTION - EJECTMENT 01- to a(oo C ivi I Perm **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 alien 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 #: 162113 A 1. Plaintiff is The Bank of New York Trust Company As Successor To JP Morgan Bank As Trustee. 2. Defendant is Kenneth L. Williams, Sr. Or Occupants. 3. Plaintiff is equitable owner of premises located at 4281 Carlisle Road, Gardners, PA 17324, 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. F ancis S. Hallinan, Esquire Attorney for Plaintiff ALL THAT CERTAIN tract of land with the buildings and Improyements thereon treated situate in Dickinson Township, Cumberland County, Pennsylvania, more praticularly.bounded and described as follows, to wit: BEGINNING at a point In. the center of the vorx"ts road, Pennsylvania State Highway No. 34, it the northeast comer of lands now or formerly of Robert F. Seam and Dorothy E. Beam; thence along said center of said Penny anla State Highway No_ 34, North 50 degrees t=eat 84 feet to o point at the northwest comer of land now or formerly of Roy E, pulse and Grow S. Guise; thence along said land now or formerly of Roy E. Guise and Grace E. Guise, South 40 degrees East 160 feet to an Iron pin; thence along the same, South 50 degrees West 10 feet to an Iron pin; therm along the some, South 40 degrees Fast 257 feet to an Iran pin at lands now or formerly of John Walters; thence along lands now or formsriy of John Wafters, South 87 degrees Wag 91 feet to an iron pin an line of lands now or formerly of Robert F. Boom and Dorothy E. Beam; thence along (and now or formerly of Robert F. Beam and Dorothy I- Ream, North 40 degrees West 380 feat to the point and place of BMINNING. Said desorlption containing 29,503;5 square feet, more or less. IT BEING the ssme promises which Faye C. Mentzvr, widow by deed dated July 16, 1902 and recorded July 17, 1992 in the Recorder's Office In and for Cumberland County, Pennsylvania, In Deed Book T, Volume 36, page 1166 granted and conveyed unto Richard K Msrfter. BEING KNOWN AS: 4281 CARLISLE ROAD, (DICKINSON TOWNSHIP) GARDNERS, PA 17324 PROPERTY ID NO.: 08-41_2680_010 TITLE TO SAID PREMISES IS VESTED IN KENNETH L. WILLIAMS, SR., SINGLE PERSON BY DEED FROM RICHARD K. MENTZER, SINGLE PERSON DATED 10/18/04 RECORDED 11/8/04 IN DEED BOOK 266 PAGE 715. VERIFICATION Francis S. Hallman, Esquire hereby states that he is the Attorney for the Plaintiff in this meter, that Plaintiff is outside the jurisdiction of the-court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to take this Verification, pursuant to Pa. R.C.P. 1024 (c) and that the statements made in the foregoing Civil Action in Ejectment are true and correct to the best of his knowledge, information and belief: Furthermore, it is counsel's intention to substittge a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is mane subject to the penalties of 18 Pa, C.S. See. 4904 relating to unworn falsification to authorities. Date: 6 4 - A _0Z - F cis S. Iialliaan, Esqurre Attorney for Plaintiff n -? rz .00 a Ell r W O `? o ,. ra j rTj lr- 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 The Bank of New York Trust Company as successor to JP Morgan Bank as Trustee vs. Kenneth L. Williams, Sr. Or occupants 4281 Carlisle Road Gardners, PA 17324 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 07-6360 Civil Term Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: // Kindly enter Judgment in Ejectment in favor of the Plaintiff, The Bank of New York Trust Company as successor to JP Morgan Bank as Trustee and against the Defendant(s) Kenneth L. Williams, Sr. and Or I/ occupants for possession of premises, 4281 Carlisle Road, Gardners, PA 17324 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. ranc' S. Hallinan, Esqu' e tt ney for Plaintiff Default Judgment entered as indicated above. DATE t ?y- Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Attorney for Plaintiff Identification No. 62695 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 The Bank of New York Trust Company as successor to JP Morgan Bank as Trustee COURT OF COMMON PLEAS CIVIL DIVISION vs. No. 07-6360 Civil Term Cumberland County Kenneth L. Williams, Sr. Or occupants 4281 Carlisle Road Gardners, PA 17324 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 Kenneth L. Williams, Sr. Or occupants, is over 18 years of age, and resides at 4281 Carlisle Road, Gardners, PA 17324. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unswom falsification to authorities. an, Esqu' e r ?rn ri A ntiff PHELAN HALLINAN & SCHMIEG, LLP BA 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 THE BANK OF NEW YORK TRUST COMPANY AS : COURT OF COMMON PLEAS SUCCESSOR TO JP MORGAN BANK AS TRUSTEE Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY KENNETH L. WILLIAMS, SR. OR OCCUPANTS :NO. 07-6360-CIVIL TERM Defendants TO: KENNETH L. WILLIAMS, SR. OR OCCUPANTS 4281 CARLISLE ROAD GARDNERS, PA 17324 DATE OF NOTICE: NOVEMBER 27, 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 F NCIS S. HAL INAN, ESQUIRE Attorneys for Plaintiff 11 __ v1 O ' N ',?. - ?» F ` i FTI PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland The Bank of New York Trust Company as successor to JP Morgan Bank as Trustee vs. Kenneth L. Williams, Sr. Or occupants 4281 Carlisle Road Gardners, PA 17324 COURT OF COMMON PLEAS CIVIL DIVISION No. 07-6360 Civil Term Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 4281 Carlisle Road, Gardners, PA 17324 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 4281 Carlisle Road Fra cis S. Hallinan, Esq ire A orney for Plaintiff l P w f o u o o o cJ 00 - ,p 8 ! ti) /- ? b + tiw e.,pr v 11% ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate In Dickinson Township, Cumberland County, Pennsylvania, more praticulady bounded and described as follows, to wit: BEGINNING at a point in the center of the cor=ete road, Pennsylvania State Highway No. 34, at the northeast comer of lends now or formerly of Robert F. Beam and Dorothy E. Beam; thence along said center of said Pennsylvania State Highway No. 34, North 30 degrees East 64 feet to a point at the northwest comer of land now or formerly of Roy E. Guise and Grace E. Guise; thence along said tend now or formerly of Roy E. Guise and Grace E Guise, South 40 degrees East 160 feet to an lean pin; thence along the same, South 60 degrees West 10 feet to an Iron pin; thence along the same, South 40 degrees East 257 feet to an Iron pin at lands now or formerly of John Wafters; thence along lands now or formerly of John Walters, South 87 degrees West 91 feet to an iron pin an line of lands now or formerly of Robert F. Seem and Dorothy E. Beam; thence along land now or formerly of Robert F. Beam and Dorothy E. Beam, North 40 degrees West 360 feet to the point and place of BEGINNING. Said description containing 29,603,5 square feet, more or less. IT BEING the same premises which Faye C. Mentzer, widow by deed dated Jury 16, 1992 and recorded July 17, 1992 In the Recorders Office in and for Cumberland County, Pennsylvania, In Deed Book T, Volume 36, page 1165 granted and conveyed unto Richard K Mentzer. lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK TRUST COMPANY as successor to JP MORGAN BANK as Trustee VS. No. 07-6360 Civil Term KENNETH L. WILLIAMS, SR. or OCCUPANTS Costs Attorney's $ 155.06 Plaintiff's $ Prothonotary $ 2.00 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: (Plaintiff (s)) THE BANK OF NEW YORK TRUST COMPANY as successor to JP MORGAN BANK as Trustee being: (Premises as follows): 4281 Carlisle Road, Gardners, PA 17324 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. A, W1JJ4'1?&.e..-" C s R. Long, Pr V Common Pl ourt of berland County, PA Date 12/12/07 (Seal) • 2of2 No 07-6360 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK as Trustee THE BANK OF NEW YORK TRUST COMPANY as successor to JP MORGAN VS. KENNETH L. WILLIAMS, SR. or OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 155.06 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 215-563-7000 Attorney for Plaintiff (s) Where papers may be served 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 Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy SHERIFF'S RETURN - REGULAR CASE NO: 2007-06360 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST CO THE VS WILLIAMS KENNETH L SR WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon WILLIAMS KENNETH L SR DEFENDANT the , at 1700:00 HOURS, on the 6th day of November-, 2007 at 4281 CARLISLE ROAD GARDNERS, PA 17324 by handing to KENNETH L WILLIAMS 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 10.56 Affidavit .00 Surcharge_ 10.00 .00 3 8. 5 6 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/07/2007 PHELAN HALLINAN SCHMIEG By. Deputy Sheriff of A. D. r 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 Writ of Possession returned Sworn and subscribed to before me this Day of , So Answers, Sheriff By Sheriff's Office: Docketing .18.00 Surcharge 20.00 Prothy 2.00 Milage 5.76 Poundage .92 - ?-. 46.68 ? I/,Z310V. er .. Advance Costs: 150.00 Sheriff's Costs: 46.68 103.32 Refunded to Atty on 1/15/08 ?z. a d r c? c /l?v? ,zU3 ?7 L 2of2 No 07-6360 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK TRUST COMPANY as successor to JP MORGAN BANK as Trustee VS. KENNETH L. WILLIAMS, SR. or OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 155.06 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 215-563-7000 Attorney for Plaintiff (s) Where papers may be served 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 Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK TRUST COMPANY as successor to JP MORGAN BANK as Trustee VS. No. 07-6360 Civil Term KENNETH L. WILLIAMS, SR. or OCCUPANTS Costs Attorney's $ 155.06 Plaintiff's $ Prothonotary $ 2.00 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: (Plaintiff (s)) THE BANK OF NEW YORK TRUST COMPANY as successor to JP MORGAN BANK as Trustee being: (Premises as follows): 4281 Carlisle Road, Gardners, PA 17324 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. C R. Long, P no ary, Common Ple Court of Cum erland County, PA Date 12/12/07 (Seal) 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 THE BANK OF NEW YORK TRUST COMPANY, AS SUCCESSOR TO JP MORGAN BANK AS TRUSTEE Attorney for Plaintiff Plaintiff Court of Common Pleas CUMBERLAND County VS. No. 07-6360-CIVIL TERM KENNETH L. WILLIAMS, SR. 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. Date Francis S. Hallinan Attorney for Plaintiff PHS # 162113 '?? r°? ?) .':? ? 1,. .w.x'b? ?'? }` 4*., ,'1 i' ?.,e) _ - _ "'": 7 r?..? n ?"( ....I ._...,. .: