HomeMy WebLinkAbout08-1302IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BENEFICIAL CONSUMER DISCOUNT
COMPANY d/b/a BENEFICIAL
MORTGAGE CO. OF PENNSYLVANIA,
Plaintiff,
V.
BARBARA HARLEY,
MICHAEL HARLEY, and
TERRE TENANT,
NO.: C)%- 150A Oiv;t IerN9
Defendants
TO: DEFENDANTS
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE
ENTERED AGAINST YOU.
WELT EINBERG & REIS C P.A.
By
ATTORNEYS FOR PLAINTIFF
I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
10385 WESTMOOR DR STE 100
WESTMINSTER, CO 80021
AND THE DEFENDANTS ARE:
24 W. Locust Street
7055
MechanicsburINBEF
WELT G & RE
I , L.PA.
ATTORNEYS FO PLAINTIFF
I HEREBY CERTIFY THAT THE LOCATION OF THE REAL
ESTATE AFFECTED BY THIS LIEN IS:
24 W. Locust Street
Mechanicsburg, PA 17055
Bgh of Mech ' sburg
WELTMAN, RG & REIS CO., L.P
ATTORNEYS F R KA-INTIFF
ISSUE NO.:
CODE:
TYPE OF PLEADING:
COMPLAINT IN EJECTMENT
FIILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS PARTY:
Patricia L. Blais, Esquire
PA ID #56648
WELTMAN, WEINBERG & REIS CO., L.P.A.
Firm #339
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
(412) 434-7955
WWR# 06453733
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BENEFICIAL CONSUMER DISCOUNT
COMPANY d/b/a BENEFICIAL
MORTGAGE CO. OF PENNSYLVANIA,
V.
Plaintiff,
NO:
BARBARA HARLEY,
MICHAEL HARLEY, and
TERRE TENANT,
Defendants
NOTICE TO DEFEND
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 twenty (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 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BENEFICIAL CONSUMER DISCOUNT
COMPANY d/b/a BENEFICIAL
MORTGAGE CO. OF PENNSYLVANIA,
v.
Plaintiff,
NO: Ok- /34-z Cc4;?l Z,
BARBARA HARLEY,
MICHAEL HARLEY, and
TERRE TENANT,
Defendants
COMPLAINT IN EJECTMENT - PURCHASER AT SHERIFF'S SALE
AND NOW, comes, Plaintiff by and through its attorneys, Weltman, Weinberg, &
Reis, Co., LPA., and files the Complaint in Ejectment as follows:
1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage
Co. of Pennsylvania, a lending institution duly authorized to conduct business within the
Commonwealth of Pennsylvania.
2. Defendants are Barbara Harley, Michael Harley and Terre Tenant,
individuals, residing at 24 W. Locust Street, Mechanicsburg, PA 17055.
3. Plaintiff is the equitable owner of the aforesaid premises, having purchased
the premises pursuant to a sheriff's sale duly held in Cumberland County on December
5, 2007. A deed from the Sheriff of Cumberland County to Plaintiff was recorded on
December 20, 2007 in Instrument No. 200746884. A true and correct copy of said
recorded Sheriff's Deed is attached as Exhibit "A".
4. Said Sheriffs Sale was authorized under the terms of a foreclosure action
and judgment thereon in the Court of Common Pleas of Cumberland County at No.
2007-2484.
5. The property was sold as the property of Barbara Harley and Michael Harley.
6. Defendants have no valid legal right to possession and title to said premises.
7. Plaintiff claims the right to possession of the premises to the exclusion of the
Defendants.
WHEREOF, Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial
Mortgage Co. of Pennsylvania, seeks judgment for the possession of the aforesaid
premises.
Respectfully submitted,
Patricia L. Blais, Esquire
PA I D #56648
WELTMAN,WEINBERG, & REIS, CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
008 12:42 FAX 215 627 7734
Tax Parcel No. 16-23-9565-038
Know all Men by these Presents
400BECK 2003
V m-w 19 %?V/U-7
4 ? 0ol 9 t4t/
That 1, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of
Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand
paid, do hereby grant and convey to Beneficial Consumer Discount Company d/b/a Beneficial
Mortgage Co. of Pennsylvania
Real Estate Sale No. 67
Writ No. 2007-2484 Civil Term
Champion Mortgage, a Division Of Key Bank, National Association, Successor to the Interest of Champion
Mortgage Co„ Inc.
VS
Barbara Harley and
Michael Harley
Atty. Joseph Goldbeck
DESCRIPTION
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland
and Street of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point at the corner of West Locust Street and Lamont Alley; thence by Lamont Alley in a
northerly direction, 93.00 feet to Stouffer Alley; thence by Stouffer Alley in an easterly direction, 35.00 feet,
more or less, to lands now or formerly of Snyder, thence by lands now or formerly of Snyder in a southerly
direction, 93.00 feet to a point on the western line of Locust Street; thence by the western line of Locust
Street In a westerly direction, 35.00 feet, moreor less, to a point, the place of BEGINNING.
HAVING THEREOF erected a two-story frame dwelling known and numbered as 24 West Locust Street,
Mechanicsburg, Pennsylvania.
IMPROVEMENTS consist of a residential dwelling.
BEING PREMISES: 24 W. Locust Street
Mechanicsburg, PA 17055
SOLD as the property of BARBARA HARLE`( and MICHAEL HARLEY TAX PARCEL #16-23-0565-038
IPPMRPM008 12:42 FAX 215 627 7734 GOLDBECK
Z004
'llie same having been sold by me to the said grantee on the 5th day of December Anno
DorAini Two Thousand and Seven (2007) after due advertisement according to law,
under and by Virtue of a Writ of Execution issued on the 29th day of August Anno
Domini 2007 out of the Court of Common Pleas of Cumberland County, Pcimsylvonia, as
of Civil Term, Two Th'oO Sand and Seven (2067) Number 2484 at the suit of Champion Mortgage,
a Division of Key Bank, National Association, Successor to the Interest of Champion
Mortgage Co., Inc. against Barbara Harley and Michael Barley.
d
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. § 4904
relating to unsworn falsifications to authorities, that he/she is Lo rl RL 'CaV( ?- ,
Uyiafi/m LnJ , of P-T , plaintiff herein,
(TITLE) (COMPANY)
that he/she is duly authorized to make this verification, and that the facts set forth in the
foregoing Complaint are true and correct to the best of his/her knowledge, information and
belief.
2-l
Date
( ignature)
Harley - 06453733
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-01302 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUT
VS
HARLEY BARBARA ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
HARLEY BARBARA but was
unable to locate Her in his bailiwick.
0(-)MDT.A TTT'T _ V=(-TMUI
TrP
He therefore returns the
NOT FOUND , as to
the within named DEFENDANT
24 W LOCUST STREET
MECHANICSBURG, PA 17055
BUILDING IS CONDEMNED.
HARLEY BARBARA
Sheriff's Costs:
Docketing 18.00
Service 9.60
Not Found 5.00
Surcharge 10.00
So answers,. - ?-
R. Thom s Kline
Sheriff of Cu erland County
WELTMAN WEINBERG REIS
03/07/2008
00
/ 42.60
Sworn and Subscribed to before
me this day of
A. D.
r
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-01302 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUT
VS
HARLEY BARBARA ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
HARLEY MICHAEL but was
unable to locate Him in his bailiwick
r"(-)MDTA TTTT' _ ' . 7L7rTMVMT
He therefore returns the
the within named DEFENDANT , HARLEY MICHAEL
NOT FOUND , as to
24 W LOCUST STREET
MECHANICSBURG, PA 17055
BUILDING IS CONDEMNED.
Sheriff's Costs:
Docketing 6.00
Service .00
Not Found 5.00
Surcharge 10.00
.00
21.00
So answer-
i
R. Thomas Kline
Sheriff of Cumberland Co
WELTMAN WEINBERG REIS
03/07/2008
unty
Sworn and Subscribed to before
me this day of
A. D.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-01302 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUT
VS
HARLEY BARBARA ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
TERRE TENANT but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - EJECTMENT
the within named DEFENDANT , TERRE TENANT
NOT FOUND , as to
24 W LOCUST STREET
MECHANICSBURG, PA 17055
BUILDING IS CONDEMNED.
Sheriff's Costs:
Docketing 6.00
Service .00
Not Found 5.00
Surcharge 10.00
00
21.00
_
So answers
R. Thomas Kline
Sheriff of Cumberland County
WELTMAN WEINBERG REIS
03/07/2008
Sworn and Subscribed to before
me this day of
A. D.
I COP'S FROM RECORD
in Testimony whereof, I here unto set my barn
aw th of said Court at Carlisle, Pa.
g( rc.b aoog
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BENEFICIAL CONSUMER DISCOUNT
COMPANY d/b/a BENEFICIAL
MORTGAGE CO. OF PENNSYLVANIA,
Plaintiff,
V.
BARBARA HARLEY,
MICHAEL HARLEY, and
TERRE TENANT,
.)OQ 0- i V11 -&M
Defendants
TO: DEFENDANTS
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE
ENTERED AGAINST YOU.
WELT EINBERG & REIS C .P.A.
ATTORNEYS FOR PLAINTIFF
I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
10385 WESTMOOR DR STE 100
WESTMINSTER, CO 80021
AND THE DEFENDANTS ARE:
24 W. Locust Street
7055
MechanicsburINBEF
WELTM G & RE
I , L.P A
B
ATTORNEYS FO PLAINTIFF
I HEREBY CERTIFY THAT THE LOCATION OF THE REAL
ESTATE AFFECTED BY THIS LIEN IS:
24 W. Locust Street
Mechanicsburg, PA 17055
Bgh of Mech ' sburg
WELTMAN, RG & REIS CO., L.P
ATTORNEYS R PlCAINTIFF
ISSUE NO.:
CODE:
TYPE OF PLEADING:
COMPLAINT IN EJECTMENT
FIILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS PARTY:
Patricia L. Blais, Esquire
PA ID #56648
WELTMAN, WEINBERG & REIS CO., L.P.A.
Firm #339
2718 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
(412) 434-7955
WWR# 06453733
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BENEFICIAL CONSUMER DISCOUNT
COMPANY d/b/a BENEFICIAL
MORTGAGE CO. OF PENNSYLVANIA,
V.
Plaintiff,
NO:
BARBARA HARLEY,
MICHAEL HARLEY, and
TERRE TENANT,
NOTICE TO DEFEND
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 twenty (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 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.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
Defendants
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BENEFICIAL CONSUMER DISCOUNT
COMPANY d/b/a BENEFICIAL
MORTGAGE CO. OF PENNSYLVANIA,
Plaintiff,
V. NO:
BARBARA HARLEY,
MICHAEL HARLEY, and
TERRE TENANT,
Defendants
COMPLAINT IN EJECTMENT - PURCHASER AT SHERIFF'S SALE
AND NOW, comes, Plaintiff by and through its attorneys, Weltman, Weinberg, &
Reis, Co., LPA., and files the Complaint in Ejectment as follows:
1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage
Co. of Pennsylvania, a lending institution duly authorized to conduct business within the
Commonwealth of Pennsylvania.
2. Defendants are Barbara Harley, Michael Harley and Terre Tenant,
individuals, residing at 24 W. Locust Street, Mechanicsburg, PA 17055.
3. Plaintiff is the equitable owner of the aforesaid premises, having purchased
the premises pursuant to a sheriff's sale duly held in Cumberland County on December
5, 2007. A deed from the Sheriff of Cumberland County to Plaintiff was recorded on
December 20, 2007 in Instrument No. 200746884. A true and correct copy of said
recorded Sheriff's Deed is attached as Exhibit "A".
4. Said Sheriffs Sale was authorized under the terms of a foreclosure action
and judgment thereon in the Court of Common Pleas of Cumberland County at No.
2007-2484.
5. The property was sold as the property of Barbara Harley and Michael Harley.
6. Defendants have no valid legal right to possession and title to said premises.
7. Plaintiff claims the right to possession of the premises to the exclusion of the
Defendants.
WHEREOF, Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial
Mortgage Co. of Pennsylvania, seeks judgment for the possession of the aforesaid
premises.
Respectfully submitted,
2
Patricia L. Blais, Esquire
PA ID #56648
WELTMAN,WEINBERG, & REIS, CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
(il; t?7i2b08 12:42 FAX 215 627 7734 GOLDBECK 2003
YOt (W P/av/67
'lax Parcel No. 16-23-0565-038
Know all Men by these Presents
wt?
7 ,n That 1, R. Thomas Kline. Sheriff of the County of Cumberland, In the State of
Pennsylvania, for and in consideration of the 'sum of $1.00, (Onc Dollar), to me in hand
paid, do hereby grant and convey to Beneficial Consumer Discount CompaDy d/b/a Beneficial
s4 ,;
Mortgage Co. of Pennsylvania
Real Estate Sale No. 67
Writ No. 2007-2484 Civil Term
Champion Mortgage, a Division Of Key Bank, National Association, Successor to the Interest of Champion
Mortgage Co., Inc.•
VS
Barbara Harley and
Michael Harley
Atty. Joseph Goldbeck
DESCRIPTION
r?.
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, County of Cumberland
and Street of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point at the corner of West Locust Street and Lamont Alley; thence by Lamont Alley in a
northerly direction, 93.00 feet to Stouffer Alley; thence by Stouffer Alley in an easterly direction, 35.00 feet,
more or less, to lands now or formerly of Snyder, thence by lands now or formerly of Snyder in a southerly
r direction, 93.00 feet to a point on the western line of Locust Street; thence by the western line of Locust
?f Street In a westerly direction, 35.00 feet, more or less, to a point, the place of BEGINNING.
HAVING THEREOF erected a two-story frame dwelling known and numbered as 24 West Locust Street,
t Mechanicsburg, Pennsylvania.
IMPROVEMENTS consist of a residential dwelling.
BEING PREMISES: 24 W. Locust Street
Mechanicsburg, PA 17055
SOLD as the property of BARBARA HARLEY and MICHAEL HARLEY TAX PARCEL'#16-23-0565-038
-yam r r ,?,,.,
1?
01%07!2008
/. T
12:42 FAX 215 827 7734 GOLDBECK
Z004
'1'lie same having been sold by me to the said grantee on the Stb day of December Anno
Domini Two Thousand and Seven (2007) after due advertisement according to law,
under and by Virtue of a Writ of Execution issued on the 29th day of August Anno
a f?
:> x d w Domini 2007 out of the Court of Common Pleas of Cumberland County, Pm-msylvania, as
' w
of Civil Term, Two I usaiid and Seven (2d" j)'Number 2484 at the suit of Champion Mortgage,
a Division of Key Bank, National Association, Successor to the Interest of Champion
Mortgage Co., Inc. against Barbara Hurley and Michael Harley.
s:-
-
r;
a'
F?
1
F?'
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. § 4904
,
relating to unsworn falsifications to authorities, that he/she is d
Uwielu '?ia1IS?- Lead , of P-'s Am <; , _l1 , plaintiff herein,
(TITLE) (COMPANY)
that he/she is duly authorized to make this verification, and that the facts set forth in the
foregoing Complaint are true and correct to the best of his/her knowledge, information and
belief.
2-k^-O'i?
Date
4ign(ature)
Harley - 06453733
I ? :E d L Z 933 90OZ
A a.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BENEFICIAL CONSUMER DISCOUNT
COMPANY d/b/a BENEFICIAL
MORTGAGE CO. OF PENNSYLVANIA,
Plaintiff,
NO: 08-1302 CIVIL
vs.
BARBARA HARLEY,
MICHAEL HARLEY, and
TERRE TENANT,
Defendants.
TYPE OF PLEADING:
PRAECIPE TO DISCONTINUE AND
END WITHOUT PREJUDICE
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Patricia L. Blais, Esquire
PA I . D. #56648
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Building
4367 th Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR# 06453733
P '.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BENEFICIAL CONSUMER DISCOUNT
COMPANY d/b/a BENEFICIAL
MORTGAGE CO. OF PENNSYLVANIA,
Plaintiff,
V.
BARBARA HARLEY,
MICHAEL HARLEY, and
TERRE TENANT,
Defendants
NO: 08-1302 CIVIL
PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE
PROTHONOTARY:
Kindly discontinue and end the above-captioned matter and mark the docket accordingly.
Respectfully submitted:
Sworn and subscribed before
Weltman, Weinberg & Reis Co., L.P.A.
By:
atricia L. Blais, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Building
4367 th Avenue
Pittsburgh, PA 15219
(412) 434-7955
ZD day of PW Y1 , 2008
Notary Public
-Notarial seal
Heidi J. Kelly, Notary Public
City of Pftbumfi, Alleg *'W Count
My Commission E)Ores Nov. 4, 2009
Member,
?.: