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Home My WebLink About08-0234 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. 3476 Stateview Blvd. Fort Mill, SC 29715 Attorney for Plaintiff Court of Common Pleas Civil Division V. Philip B. Goshorn Or Occupants 9 & 11 Corporation Street Newville, PA 17241 Cumberland County Term 0 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 PUS #: 167735 .w 1. Plaintiff is Wells Fargo Bank, N.A.. 2. Defendant is Philip B. Goshorn Or Occupants. 3. Plaintiff is the record owner of premises located at 9 & 11 Corporation StreetNewville, PA 17241, a legal description of which is attached. 4. Plaintiff became the owner of said premises as a result of the foreclosure and judicial sale by the Sheriff of Cumberland County, on December 5, 2007, as evidenced by the Sheriff's deed recorded December 20, 2007 in the Office of the Recorder of Cumberland County in Instrument number 200746888. 5. Plaintiff, by virtue of the above, is the record 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 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, as follows: BEING Lot No. 46 in the plan of said Borough, lying and being on the west side of Corporation Street and containing 60 feet in width on said Corporation Street, and 180 feet in depth, and bounded on the North by lot formerly of Robert Elliott, now or formerly of Samuel J. Burkholder; on the South by lot now or formerly of R.B. Miller Enterprises, now of Charles H. Anderson; and on the West by an alley. PROPERTY BEING: 9 & 11 CORPORATION STREET 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 rancis S. Hallinan, Esquire Attorney for Plaintiff Q ,-- -TI t3 ._ t 9 r- CASE NO: 2008-00234 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS GOSHORN PHILIP B ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon OCCUPANT the DEFENDANT , at 1235:00 HOURS, on the 17th day of January , 2008 at 9 N CORPORATION STREET NEWVILLE, PA 17241 by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 )/a q)pf `y^ 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/18/2008 PHELAN HALLINAN SCHMIEG By: Depu y Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00234 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS GOSHORN PHILIP B ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon GOSHORN PHILIP B the DEFENDANT , at 1922:00 HOURS, on the 17th day of January , 2008 at 11 N CORPORATION STREET NEWVILLE, PA 17241 by handing to JESSICA ABY, ADULT IN CHARGE 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 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 . v 1/avfop 00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 01/18/2008 PHELAN HALLINAN SCHMIEG By' r p t S ff A. D. Phelan, Hallinan & Schmieg, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney for Plaintiff One Penn Center @ Suburban Station Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank, N.A. Court of Common Pleas Plaintiff Civil Division vs. NO, 08-234-civil term Philip B. Goshorn Or Occupants Cumberland County Defendants TO THE PROTHONOTARY: Pursuant to P.A RCP. 410 (b)(2), kindly index,]eccica AhP as Defendant in the above captioned matter. Jessica Aby was found in possession of the premises located @ 11 N. Corporation Street, Newville, PA 17241 and was served with a copy of the Complaint on January 17, 2008. 0orney is S. Halln, Esquir for laDate: February 19, 2009 -77 rT7 7- 2 -ja { Cr) 1 Phelan, Hallinan & Schmieg, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center @ Suburban Station Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 - Wells Fargo Bank, N.A. Plaintiff VS. Philip B. Goshorn Or Occupants Defendants TO THE PROTHONOTARY: Attorney for Plaintiff Court of Common Pleas Civil Division NO. 08-234-civil term Cumberland County Pursuant to P.A RCP. 410 (b)(2), kindly index Carol Luther as Defendant in the above captioned matter. Carol Luther was found in possession of the premises located @ 9 N. Corporation Street, Newville, PA 17241 and was served with a copy of the Complaint on January 17, 2008. Fi cis STi?-< nan,Esq e orney Plaintiff Date: February 19, 2008 ?°?; ? tJ ?' - C7 1 4. . tv? -? ^Tl ' zi r?= ? ;a1 Tw.? ', Fw ? :?^ ? f Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Attorney for Plaintiff Identification No. 12248 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. COURT OF COMMON PLEAS CIVIL DIVISION vs Philip B. Goshorn, Carol Luther, Jessica Aby Or occupants 9 & 11 Corporation Street Newville, PA 17241 No. 08-234-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. and against the Defendant(s), Philip B. Goshorn, Carol Luther, Jessica Aby, and Or occupants for possessions of premises, 9 & 11 Corporation Street, Newville, PA 17241 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 ai praecipe for Entry of default Judgment was mailed to Defendant(s), a true and correct copy of which is attached hereto, r ranci S. Hallinan, E quire Atto ey for Plaintiff Default Judgment entered as indicated above. DATE Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank, N.A. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs Philip B. Goshorn, Carol Luther, Jessica Aby Or occupants 9 & 11 Corporation Street Newville, PA 17241 No. 08-234-Civil Termi Cumberland County 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 Carol Luther or occupants, is over 18 years of age, and resides lat 9 Corporation Street, Newville, PA 17241. (c) That defendant Jessica Aby or occupants, is over 18 years of age, and resides ail 11 Corporation Street, Newville, PA 17241 This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to urll falsification to authorities. S. Hallinan, Esquire Y for Plaintiff Phelan Hallinan & Schmieg, L.L.P By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center @ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Email: aan.tenant4fedphexorn Wells Fargo Bank, N.A. V. Philip B. Goshorn Or Occupants TO: Carol Luther (occupant) 9 N. Corporation Street Newville, PA 17241 DATE OF NOTICE: February 19, 2008 ATTORNEY FOR PLAINTIFF I COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 08-234-CIVIL 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 valid and should not be construed to be an attempt to collect a debt, but only as enforcement of lien against property 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 paper to your Lawyer at once. If you do not have a lawyer, got to or telephone the office set forth below. This office can provide you with the 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Phelan Hallinan & Schmieg, L.L.P By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center @ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Email: rynn.tenant4fedphexorn Wells Fargo Bank, N.A. V. Philip B. Goshorn Or Occupants TO: Jessica Aby (occupant) 11 N. Corporation Street Newville, PA 17241 DATE OF NOTICE: February 19, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 08-234-CIVIL TERM This Firm is a debt collector attempting to collect a debt. This Notice is sent to you in an attempt to ollect the indebtedness referred to herein, and any information obtained from you will be used for that purpose. If you hav previously received a discharge in bankruptcy, this correspondence is not valid and should not be construed to be an attem t 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 (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 shout take this paper to your Lawyer at once. If you do not have a lawyer, got to or telephone the office set forth below. This office can provide you with the 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ( +? S 06 1 ' r PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland Wells Fargo Bank, N.A. vs Philip B. Goshorn, Carol Luther, Jessica Aby Or occupants 9 & 11 Corporation Street Newville, PA 17241 COURT OF COMMON PLEAS CIVIL DIVISION No. 08-234-0i it Term Cumberland Co?nty PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of- 9 & 11 Corporation Street, Newville, PA 17241 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 9 & I 1 Corporation Street lI W W ?R t? O c ro ;' ? ?w O s oo8s'S 'b cz, -0 C) c_ Y -. N r CD 0 -rt 14 P[ ` P cv) 0 Go LEGAL DESCRIPTION ALL that certain lot of ground situate in the Borough of Newville, Cumberland County, Pennsylvania, as follows: BEING Lot No. 46 in the plan of said Borough, lying and being on the west side of Corporation Street and containing 60 feet in width on said Corporation Street, and 10 feet in depth, and bounded on the North by lot formerly of Robert Elliott, now or formerly Of Samuel J. Burkholder; on the South by lot now or formerly of R.B. Miller Enterprises, now of (Charles H. Anderson; and on the West by an alley. PROPERTY BEING: 9 & I 1 CORPORATION STREET ?J W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3 1 65 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. VS. No. 08-234 Civil Term_ PHILIP B. GOSHORN, CAROL LUTHER, JESSICA ABY, OR OCCUPANTS Costs Attorney's $ 171.06 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)) WELLS FARGO BANK, N.A. being: (Premises as follows): 9 & 11 CORPORATION STREET, NEWVILLE, PA 17241 (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. Date 3/14/08 (Seal) Curtis R. Long, P onota , Common Pleas Court of C berland County, PA 2of2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARAGO BANK, N.A. VS. PHILIP B. GOSHORN, CAROL LUTHER, JESSICA ABY, OR OCCUPANT WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 171.06 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN, HALLINAN & SCHMIEG ONE PENN CENTER PLAZA, SUITE 1400 1617 JOHN F. KENNEDY BLVD PHILADELPHIA, PA 19103 215-563-7000 ID# 12248 Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Sworn and subscribed to before me this Day of , No 08-234 Civil Term Where papers may be served day of . I _, to have possession of the premises des So Answers, By Sheriff i the within with the ,k By virtue of this writ, on the 21 day of April 2008 I caused the within named Wells Fargo, e t . aT. , to have possession of the premises described *MMaX @MVMKOM,VM 9 K 11 Corporation Street, Newville, PA 17241 Sworn and subscribed to before me this Day of , %F lb ,w ° j I'I e t u r n Docketing Surcharge Prothy Poundage Possession Milage 3 7 "Idio 18.00 30.00 2.00 1.86 30.00 13.00 So Answers Y 000e? Sh By Advance Costs: 150.00 Sheriff's Costs: 94.86 . 55.14 Refunded to Atty 4/22/08 ?1a8/oe( 94.86 ).Ob f ti o 1xijay?4Y ?.L3G3z G 17 ?c 2of2 No 08-234 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARAGO BANK, N.A. VS. PHILIP B. 60SHORN, CAROL LUTHER, JESSICA ABY, OR OCCUPANT WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att' y $ 171.06 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN, HALLINAN & SCHMIEG ONE PENN CENTER PLAZA, SUITE 1400 1617 JOHN F. KENNEDY BLVD PHILADELPHIA, PA 19103 215-563-7000 ID# 12248 Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Where papers may be served day of I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of , So Answers, Sheriff By A 2 W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. VS. No. 08-234 Civil Term_ PHILIP B. GOSHORN, CAROL LUTHER, JESSICA ABY, OR OCCUPANTS Costs Attorney's $ 171.06 P'laintiff'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)) WELLS FARGO BANK, N.A. being: (Premises as follows): 9 & 11 CORPORATION STREET, NEWVILLE, PA 17241 (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. Curt' R. Long, Pr ry, Common Pleas Court of Cum rland County, PA Date 3/14/08 (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 Wells Fargo Bank, N.A. VS. Philip B. Goshorn or occupants Plaintiff Defendant(s) Attorney for Plaintiff Court of Common Pleas Cumberland County No. 08-234 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 entered on this case discontinued and ended, upon payment of your costs only. Date rancis S. Hallinan Attorney for Plaintiff PHS# 167735 e :-