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Home My WebLink About04-0266Federman and Phelan, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Ameriquest Mortgage Company 505 South Main Street Orqnge, CA 92868 Lindalee Rose Middleton Or Occupants 1514 Longs Gap Road Carlisle, PA 17013 Court of Common Pleas Civil Division Cumberland County Term O. MT, ACTIC~M - F,.JE, O. TMF. NT **This firm is a debt collector attempting to collect a debt and any informal~on 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 erfforcement of a hen 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 1. Plaintiff is Ameriquest Mortgage Company. 2. Defendant is Lindalee Rose Middleton Or Occupants. Plaintiff is equitable owner of premises located at 1514 Longs Gap Road, Carhsle, PA 17013, a legal description of which is attached. Plaintiff became owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County, on December 10, 2003. 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. 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. Francis S. Hallinan, Esquire Attorney for Plaintiff Premises: EVERGREEN DRIVE A/KJA 1514. LONGS GAP ROAD, TOWNSHIP OF NORTH MIDDLETON CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the Hens, encumbrances and exceptions to title hereinafter set forth~ Tiffs Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstracter for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIPTION ALL THOSE TWO CERTAIN lots, parcels, pieces of ground, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT 1 BEGINNING at a point on the Northern legal right of way of Evergreen Drive, said point being located and referenced a distance of one hundred seventy-four and eighty-four hundredths (174.84) feet in a Southwesterly direction from the Northwestern corner of Evergreen drive and Longs Gap Road (L.R. 21072); thence along the Northern legal right-of-way of Evergreen Drive, South forty-nine (49) degrees six (6) minutes West, a distance of forty-nine and nineteen hundredtl~s (49.19) feet to a point; thence along the same by a curve to the right having a radius of one hundred seventy-five (175) feet, an arc length of seventy-nine and eighty-six hundredths (79.86) feet to a point; thence along the same, South seventy-four (74) degrees fourteen [14) minutes foriy-six (46) seconds West, a distance of one hundred twenty-two and fourteen hundredths (122.14) feet to a point at land now or late of Ka~er and Boldosser; thence along the same, North thirty-five (35) degrees thirty-five (35) minutes for~-three (43) seconds West, a distance of five hundred twemy-two and sixty-eight hundredths (522.68) feet to a point: thence along land now or late of Bender, North sixty-seven (67) degrees thirty-one (31) minutes six (6) seconds East, a distance of two hundred thirty-two and fifteen hundredths (232.15) feet to a point; thence along Lot Nos. 2 and 1, South thirty-seven (37) degrees eighteen (18) minutes seven (7) seconds East, a distance of five hundred nineteen and eighty-five hundredths (519.85) feet to the place of beginning. SAID tract having thereon erected a frame ranch dwelling. BE~I~'4G__Lot No. 3A as shown on a re-subdivision Plan of Lots hereinafter described. TRACT 2 BEGINNING at a point on th~ Western right of way line of L.R. 21072 (Longs Gap Road), at the Southeastern comer of land now or late of Wilmet A. Sheaffer; thence by said Western right of way line of L.R. 21072 (Longs Gap Road), South thirty-five (35) degrees twelve (12) minutes eighteen (18) seconds East. fifty and twenty-four hundredths (50.24) feet to a point on said right of way line at the Northeastern comer of land now or late of William A. Mounett; thence by said land. South forty-nine (49) degrees six (6) minutes West. two hundred nineteen and four hundredths (219.04) feet to a point; thence by land now or late of Stevgn L. Monnett by a curve to the right having a radius of two hundred twenty-five (225) feet. an arc distance of one hundred two and sixty-eight hundredths 002.68) feet to a point; thence continuing by said laud. South seventy-five (75) degrees fourteen (14) minutes forty-six (46) seconds West, one hundred three and eleven hundredths (103.11) feet to a point in line of land now or late of Karper and Boldosser; thence by said land~ North thirty-five (35) degrees thirty-five (35) minutes forty-three (43) seconds West. fifW (50) feet, more or less, to a point in the Southwestern corner of land now or late of Glenn E. Heboriig; thence by said land, North seventy-four (74) degrees fourteen (14) minutes forty-six (46) seconds East. one hundred twenty-two and fourteen hundredths (122.14) feet to a point; thence continuing by the same, by a curve to the left having a radius of one hundred seventy-five (175) feet, an arc length of seventy-nine and eighty-six hundredths (79.86) feet to a point; thence continuing by the same. North fon'y-inne (49) degrees six (6) minutes East, forty-nine and nineteen hundredths (49.191 feet to a point; thence by land now or late of Wilmer A. Sheaffer. North forty-nine (49) degrees six (6) minutes East, one hundred seventy-four and eighty-four hundredths (174.84) feet to a point on the Western right of way line of Longs Gap Road, the place of beginning. THE above premises comprises a private drive known as Evergreen Drive. THE above tracts of land are shown on a re-subdivision plan of Lots dated March 3. 1975. prepared for Glenn It~eberlig, by William R. V/hillock, P.E.. which plan is unrecorded. Tax Parcel #29-05-0425-040E VE, RI]eICATION Francis S. Hallinan hereby states that he is the attorney for the Plaint'iff 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 sherifi% 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 sheriWs 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. Da~e -- x /Francis S. Hallinan, Esquire Attorney for Plaint'rff SHERIFF'S RETURN CASE NO: 2004-00266 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMERIQUEST MORTGAGE COMPANY VS MIDDLETON LINDALEE ROSE - REGULAR ROBERT BITNER , Cumberland County,Pennsylvania, says, the within COMPLAINT - EJECTMENT was served upon MIDDLETON LINDALEE ROSE the DEFENDANT , at 1550:00 HOURS, on the 30th day of January 2004 at 1514 LONGS GAP ROAD CARLISLE, PA 17013 by handing to HEATHER MIDDLETON, DAUGHTER a true and attested copy of COMPLAINT - EJECTMENT together with Sheriff or Deputy Sheriff of who being duly sworn according to law, and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this y~ day of So Answers: Thomas Kline o2/02/2oo4 FEDERM~XN & PHELAN FEDERMAN AND PHELAN 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 (215) 563-7000 Attorney for Plaintiff Ameriquest Mortgage Company COURT OF COMMON PLEAS VS Lindalee Rose Middleton Or Occupants 1514 Long Gaps Road Carlisle, PA 17013 CIVIL DIVISION No, 2004-266-Civil Cumberland County PRAECIPE FOR .IIIDGMF, NT IN E.IF, CTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Ameriquest Mortgage Company and against the Defendant(s) Lindalee Rose Middleton and Or Occupants for possession of premises 1514 Long Gaps Road, 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 Plaintiff's 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. Default Judgment entered as indicated above. DATE FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (915) 56~-7000 AMERIQUEST MORTGAGE COMPANY Plaintiff Vs. L1NDALEE ROSE MIDDLETON OR OCCUPANTS Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 04-266-CIVIL TO: LINDALEE ROSE MIDDLETON OR OCCUPANTS 1514 LONGS GAP ROAD CARLISLE, PA 17013 DATE OF NOTICE: FEBRUARY 20, 2004 FILE COPY 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 1N 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. 1F 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 LlBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 EDERMAN, ~SQUIRE ' CE T. PHELAN, ESQUIRE S. HALL1NAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN L.L.P. By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Ameriquest Mortgage Company VS Lindalee Rose Middleton Or Occupants 1514 Long Gaps Road Carlisle, PA 17013 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 2004-266-Civil Cumberland County VERIFICATION OF NON-MII,ITARY 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 Lindalee Rose Middleton Or occupants, is over 18 years of age, and resides at 1514 Long Gaps Road, Carlisle, PA 17013. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. /-/ Francis S. Halbnan, l~squire (~rney for Plaintifff PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland Ameriquest Mortgage Company VS Lindalee Rose Middleton Or Occupants 1514 Long Gaps Road Carlisle, PA 17013 COURT OF COMMON PLEAS CiVIL DIVISION No. 2004-266-Civil Cumberland County PRAEt~IPlF, I¢OR V~/RIT OF PO~,~IESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 1514 Long Gaps Road, Carlisle, PA 17013 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 1514 Long Gaps Road Premises: EVERGREEN DRIVE A/IfJA 1514, LONGS GAP ROAD, TOV~qSHIP OF NORTH MIDDLETON CUMBEI~LANU COUNTY PENNSYLVANIA EaSed upon the ex~mlnation of evide~/co in the appropriate public reenrd~, Company certifi~ that the premises endorsed hereon are subject to th~ licm, encumbrances and exceptions to tide hereinafter set forth. This Certificate does not constitute title insuraaco; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sam not to exceed Two Thousand Dollars. DESCRIPTION ALL THOSE TWO CERTAIN lots. parcels, pieces of ground, situate in North Middleton Township, Cumberland County, Penosylvani~, bounded and described as follows, to wit: TRACT I BEGINNING ar a point on the Northern legal right of way of Evergreen Drive, said point being located and referenced a distance of one hundred sovetuy-four and eighty-four hundredths (174.84) feet in a Southwesterly direction from the Northwestern comer of Evergreen drive and Longs Gap Road (L.R. 21072); thence along the Noxthem legal fight-of-way of Evergreen Drive, South forty-nine (49) degrees SiX (6) mlnnges West, il ~ of forty-nine and nineteeo hundredths (49.19) feet to a point; thence along the same by a curve to the right having a radius of one hundred seventy-five (175) feet, an arc length of seventy-nine and eighty-six hundredths (79,86) feet to a point; thence along the same, South soventy-four (74) degrees fourteen (14) mlmttas forty-six (445) seconds West, a distallce of one halldred twenty-two and fourteen hundredths (122.14) feet to a point at land now or late of Karpor and Bdidnsser: ~ence along the same. North thirty-five (35) degrees t/tiny-five (35) minutes forty-three (43) seconds West, a distance of five hundred twenty-two and sixty-night hundredths (522.68)'feet to a point; thence along land now or late of Bender. North sixty-seyen (67) degrees thirty-ene (31) minutes six (6) seconds Ea~, n distance of two hundred thirty-two and fifteen hundredths (232,15) feet to a point; - thence along Lot Nos. 2 and 1, South thiriy-seven (37) degrees eighteen (18) mintues seven (7) seconds East, a distance of five hundred nineteun and eighty-five hundredths (519.85) feet to the place of beglnnin$. SAID tract having thereon erected a frame ranch dwelling. BEING Lot No. 3A as shown on a re-subdivision Plan~of Lots hereinatter described. TRACT 2 BEGINNING at a point on th8 Western right of way line of L.R. 21072 (Longs Gap Road), at the Southeastern corner of had now or ~ of Wilmer A. Slieaffer; thence by said Western right of way line of L.R. 21072 (Longs Gap Road), South thirty-fiVe (35) degrees twelve (12) minutes eighteen (18) second~ East, fif~ and twenty-four hundredths (50,24) feet to a poin~ on said right of way line at the Northeastern corner of land now or late of William A. Monnett; thence by said land, South forty-ni~ (49) degrees six (6) minutes Wes% two hundred nineteen and four hundredths (219.04) feet to a point; thence by land now or late of Stev~n L. Mennett by a curve to the ~ having a radius of two hundred twenty-fiye (225) f~t. an arc distance of one hundred two and sixty-eight ~mdredflm (102.68) feet to a poi~; thence continuing by said land, So~h seventy-five (75) degrees fourteen (14) minutes forty-six (46) seconds West, one hundred three and elewn hundredth~ (103,11) feet to a point in line of land now or late of Ymrper and Boldosser; thence by said North thirty-five (35) degrees ~-five (35) minutes forty-thxce (43) seconds West, fifty (50) feet, more or less, to a point in the Southwestern corner of land now or late of Glenn E. Heberlig; thence by said land, North sownty-four (74) degrees fourteen (14) minutes forty~six (46) secoade East, one hunctred twen.~y-two and fourteen hundredths (122.14) feet to a point; thc-ncc continuing by the same. by a curve to the left having a radius of one hundred seventy-five (175) feet, an arc length of . sovunty-nine and eighty-six hundredth~ (79.86) feet to a point; thence continuing by the same, North forty-nine (49) d6gr~ six (6) minut~ East, forty-nine and nineteen hundredths (49.19) feet to a point; theOce by land now or latu of Wil~er A. Sheaffer. North forty-nine (49) degrees six (6) minutes East, one hundred seventy-four and eighty-four hunclredth~ (174.84) f~t to a point on the Western right of way line of Longs Crap Road. the place of beginning. THE above premises comprises a privarc drive known as Evergreen Drive. THE above ~xacts of land arc shoWn on a re-subdivision plan of Lots dated March 3, 1975, prepared for Glenn I-Ig. berlig, by W'tRianl R. WhiRock, P.E., which plan is unrecorded. FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff AMERIQUEST MORTGAGE COMPANY VS. Plaintiff Court of Common Pleas CUMBERLAND County No. 04-266-CIVIL LINDALEE ROSE MIDDLETON OR OCCUPANTS Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT~ VACATE JUDGMENT AND DISCONTINUE AND END ACTION~ WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter,, without prejudice, vacate the judgment and mark this case discontinued and ended, upon payment of your costs only. 'Frank Federman/ Attorney for Plaintiff HILTON-DIMINICK ORTHODONTIC ASSOCIATES, P.C., Plaintiff BERNARD J. KIEKLAK, JR. and CHRISTINE J. KIEKLAK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA CIVIL ACTIOiN - LAW NO. 2004-00316 pRAECIPE TO THE PROTHONOTARY: Please satisfy the judgment entered in the above-captioned matter. Dated: June 23, 2004 Jan/~/Butler Toole, Esquire Affomey for Plaintiff I.D. #80574 Butler Law Firm 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485