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Home My WebLink About04-0344STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO: 66287 P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215)855-9521 HOMECOMINGS FINANCIAL NETWORK, INC. c/o Wilshire Credit Corporation 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005 17501, Plaintiff, V. PHILLIP V. HOFFMAN, BARBARA D. HOFFMAN, and ANY AND ALL UNKNOWN OCCUPANTS OF 195 Hickory Road, CARLISLE, PA 17013, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: bbl --.2Uy 1.... I U 1 l„?? CIVIL ACTION - EJFCTMENT 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 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 ANY 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAANOT 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 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 717-249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI LISTED QUIEREDEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LADEMANDA Y LA NOTIFICACION. LISTED DEBE PRESENTAR UNA APARIENCIAESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE ENFORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN•CONTRA USTED SINPREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO OSUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDECONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 717-249-3166 STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO: 66287 P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: (215)855-9521 HOMECOMINGS FINANCIAL NETWORK, INC. c/o Wilshire Credit Corporation 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005 17501, Plaintiff, V. PHILLIP V. HOFFMAN, BARBARA D. HOFFMAN, and ANY AND ALL UNKNOWN OCCUPANTS OF 195 Hickory Road, CARLISLE, PA 17013, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: Q3 -2qq (2 IUcI.? ! CIVIL ACTION - EJECTMENT Plaintiff hereby complains against Defendants as follows: 1. Plaintiff, Homecomings Financial Network, Inc. ("Plaintiff'), a corporation, has a registered office located in c/o Wilshire Credit Corporation, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005 17501, and is properly conducting business in the Commonwealth of Pennsylvania. 2. Defendants are Phillip V. Hoffman, Barbara D. Hoffman and Any and All Occupants (collectively, "Defendants") and they reside at 195 Hickory Road, Carlisle, PA 17013 (the "Premises"). 3. The Premises, which is where the ejectment is to take place, is located at 195 Hickory Road, Carlisle, PA 17013. A true and correct copy of the legal description of the Premises, is attached hereto, incorporated herein by reference, and marked as Exhibit "A." 4. The Premises were sold at Sheriffs sale by the Sheriff of Cumberland County, Pennsylvania, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment in Mortgage Foreclosure entered in the Court of Common Pleas of Cumberland County, Pennsylvania, at the suit of. Fairbanks Capital Corporation v. Phillip V. Hoffman and Barbara D. Hoffman. Phillip V. Hoffman and Barbara D. Hoffman were the previous owner of the Premises by virtue of a Deed dated September 29, 1967, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania on October 13, 1967, in Deed Book N22, Page 680, Cumberland County, Pennsylvania. The case number of said Judgment is: 2003-01357 5. Plaintiff purchased the Premises at the Sheriffs sale. 6. The Deed in favor of Homecomings Financial Network, Inc has not been recorded as settlement has not yet been made with the Sheriff and/or the Sheriff has not yet returned the Deed to Plaintiff for recording. 7. The persons in possession of the Premises are believed to be the Defendants in this action who are occupying the Premises without right and without claim to title. Plaintiff is entitled to immediate possession of the Premises. WHEREFORE, Plaintiff demands judgment, in ejectment, for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Respectfully submitted, Date: ?-BY: S DIK, ESQUIRE 44 A rnev for Plaintiff VERIFICATION Stephen M. Hladik, Esquire, hereby states that he is the attorney for Plaintiff in this action; that he is authorized to and does take this Verification on behalf of said Plaintiff; and that the statements made in the foregoing Ejectment are true and correct to the best of his knowledge, information and belief. Due to the Plaintiff being out of the state and jurisdiction, counsel has been unable to obtain the Plaintiff s verification at this time, which verification, when received, shall be substituted in place and in stead of this verification. The undersigned understands that the statements herein are made subject to the penalties of 18 PA. C.S. §4904, relating to unworn falsification to authorities. Date: -2 /0 3 Dear 06=002 r7 order Number: 000001029 Re: Philip V. No!lman Barbara D. Boffmaa 195 HIC%ORY ROAD CARLISLE, PA 17013 CMLSERLAND County B2=ZT .A' ALL that certain lot or ground situate in kiddlasex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern line of Birch Road, at line of lot No. B-10 of the hereinafter mentioned Plan of Lots; thence by said Southern line of said road, North 86 degrees 27 minutes 04 seconds Nest, 130.54 feet to a point: thence by said road and by Hickory Road, by a curve to the left, with a radius of 15 feet, a tangent of 14.40 feet and an arc distance of 22.95 feet to a point on the Eastarn side of Hickory Road; thence by the latter, South 5 degrees 52 minutes 07.5 seconds Nest, 175.60 feet to a point, the line of Lot No. B-24 of said Plan; thence by the latter lot, South 84 degrees 07 minutes 52.5 seconds East, 147.98 feet to the line of Lot No. a-11 of said Plan; thence by said lot and Lot No. B-10 of said Plan, North 4 degrees 56 minutes 44 seconds Beat, 195.89 feet to the Place of Beginning. BEING Lot No. B-23 of the Plan of Lots.known as Reis Acres Eatatea, as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book No. 19, pages 32 and 33, SUBJECT, HOWEVER, to the following building and use restrictions with which the grantees, their hairs and assigns, agree to comply by the acceptance of this dead: - i. Said lot shall be used for residential purposes only and no structure ahall be. erected thereon unless the plan and site location thereof has been approved by the grantor heroin, or by its successors and assigns. 2. Each lot shall have a frontage on the street or road of not less than 100 feet and no structure shall be erected within 40 feet of the lot aide of any street or road or within 10 feet of the side or rear lines of said lot, when said side or rear lines do not abut on any street or road. 3. No trailer, basement, tent, mobile hams or garage shall at any time be used as a residence, either temporarily or permanently, nor shall any structure of a temporary character ba.used as a residence. 4. No outhouses or cesspools shall be permitted on said lot but the disposal of sewage shall be accomplished by the construction of septic ank or tanks, or by public sewage disposal, if available.t 5. No vehicles, of anyone, shall be parked, at any time, on the streets or roads of Reis Acres Estates. Said lot is conveyed subject to any utilities distribution rights of way. OHM rim 3:1932 'M Pan: 6 oft QdarNmnhu 00: ;01029 ;v (J '?4 c? //? I,' ?? ?' ` 'P..t1J ?;' ?. ? c;.. P r? .? W ? r N 0 r L N ?.i T .b h> T f?' 7 v ?, ? -r ',-? Cy C. ;ti SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00344 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMECOMINGS FINANCIAL NETWORK VS HOFFMAN PHILLIP V 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 HOFFMAN PHILLIP V but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , NOT FOUND , as to the within named DEFENDANT 195 HICKORY ROAD CARLISLE, PA 17013 , HOFFMAN PHILLIP V 195 HICKORY ROAD CARLISLE IS VACANT. Sheriff's Costs: So answers: =- Docketing Service 18.00 3.45 ' Not Found 5.00 R. Tho ine Surcharge 10.00 Sheriff of Cumberland County .00 36.45 KERNS PEARLSTINE ONORATO PATH 02/04/2004 Sworn and subscribed to before me this /a°?- day of dvVL( A.D. / Prot rebtary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00344 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMECOMINGS FINANCIAL NETWORK VS HOFFMAN PHILLIP V 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 HOFFMAN BARBARA D but was unable to locate Her in his bailiwick COMPLAINT - EJECTMENT He therefore returns the NOT FOUND , as to the within named DEFENDANT 195 HICKORY ROAD CARLISLE, PA 17013 HOFFMAN BARBARA D 195 HICKORY ROAD CARLISLE IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answer,-.i- -- v R. Thomas Kline Sheriff of Cumberland County KERNS PEARLSTINE ONORATO FATH 02/04/2004 Sworn and subscribed to before me this /d.f?- day of 141,?l ?nq A.D. (_ .. p -h, Prot o otary Curtis R. Long Prothonotary office of the Protbonotarp Cumberlautl Couutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor QJ4 -344y CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573