Loading...
HomeMy WebLinkAbout08-3858Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 Attorney for Plaintiff One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 State Farm Bank FSB 425 Phillips Blvd. Court of Common Pleas Ewing, NJ 08618 Civil Division V. Cumberland County Lester E. Spidle Or Occupants Term 440 Factory Street Carlisle, PA 17013 No. D ?- 3 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (888)-990-9108 PHS #: 181296 Plaintiff is State Farm Bank FSB. 2. Defendant is Lester E. Spidle Or Occupants. 3. Plaintiff is the record owner of premises located at 440 Factory Street, Carlisle, PA 17013, 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 June 11, 2008, as evidenced by the Sheriff s deed recorded Recorder of Cumberland County in Instrument Number 200820747. 20, 2008 in the Office of the 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. Fr ncis S. Hallinan, Esquire Attorney for Plaintiff ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of 'A' Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; thence along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of land formerly of Albert Paxton, now or formerly of J. Duff George; thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the western side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGINNING. BEING the same premises which ANNA B. MAYBERRY, administratrix of the Estate of Grace Boyd Nunemaker, granted and conveyed to JOHN R. SNYDER, JR., and PEARL E. SNYDER, his wife, grantors herein, by deed dated December 2, 1961 and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 'J' Volume 20, Page 791. Premises: 440 Factory Street U 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. fa ?7 O? _ Date Francis S. Hallinan, Esquire Attorney for Plaintiff -, e r P C M_a r- IZ C..a? r ? £ wr CZ) 1„f,} SHERIFF'S RETURN - REGULAR CASE NO: 2008-03858 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM BANK FSB VS SPIDLE LESTER E BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon C'n T TIT L' T VC T'ti'A W the DEFENDANT , at 0007:25 HOURS, on the 26th day of July 2008 at 440 FACTORY STREET CARLISLE, PA 17013 DEFENDANT by handing to 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 Service Affidavit Surcharge Y ,4,1,0,r ?L 18.00 5.00 .00 10.00 .00 ? 33.00 So Answers: T 07/28/2008 PHELAN H Sworn and Subscibed to By: before me this day of , A.D. y 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 State Farm Bank, FSB VS. Lester E. Spidle or occupants 440 Factory Street Carlisle, PA 17013 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 08-3858-Civil Term Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, State Farm Bank, FSB and against the Defendant(s) Lester E. Spidle and or occupants for possession of premises, 440 Factory Street, 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 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. ran s S. Hallinan, E ire A_ttafney for Plaintiff Default Judgment entered as indicated above. DATE 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 State Farm Bank, FSB COURT OF COMMON PLEAS CIVIL DIVISION vs. No. 08-3858-Civil Term Cumberland County Lester E. Spidle or occupants 440 Factory Street Carlisle, PA 17013 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 Lester E. Spidle Or occupants, is over 18 years of age, and resides at 440 Factory Street, Carlisle, PA 17013. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. ra is S. Hallinan, E ire A rney for Plaintiff PHELAN HALLINAN & SCHMIEG Francis S. Hallinan, Esquire lD# 62695 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 State Farm Bank FSB vs Lester E. Spidle Or Occupants COURT OF COMMON PLEAS CIVIL DIVISION No. 08-3858 Civil Term Cumberland County TO: Lester E. Spidle or occupants 440 Factory Street Carlisle, PA 17013 DATE OF NOTICE: August I9, 2Q08 "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." EMPORTANT 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 should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Patricia Anderson Legal Assistant Ski, O ¢ A T PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA. County of Cumberland State Farm Bank, FSB VS. Lester E. Spidle or occupants 440 Factory Street Carlisle, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION No. 08-3858-Civil Term Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 440 Factory Street, Carlisle, PA 17013 **PLEASE SEETHE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 440 Factory Street ranc' S. Hallman, Esqu' Atto ey for Plaintiff M4 94, 4- 9a F 9.4 0 0Ul$0 D D ALL THAT CERTAIN lot of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point along the western side of Factory Street, which point is 191.85 feet south of 'A' Street: thence along land now or formerly of Floyd Ankabrandt, North 84 degrees 05 minutes West, a distance of 83.4 feet to a point; thence along the same, North 83 degrees 18 minutes West, a distance of 97 feet to a post on an alley; thence along the latter, South 06 degrees 07 minutes West, a distance of 16.2 feet to a post on the line of land formerly of Albert Paxton, now or formerly of J. Duff George; thence along the latter, South 83 degrees 44 minutes East, a distance of 180.5 feet to a point on the western side of Factory Street; thence along the latter, North 06 degrees 13 minutes East, a distance of 16 feet to a point, the Place of BEGINNING. BEING the same premises which ANNA B. MAYBERRY, administratrix of the Estate of Grace Boyd Nunemaker, granted and conveyed to JOHN R. SNYDER, JR., and PEARL E. SNYDER, his wife, grantors herein, by deed dated December 2, 1961 and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 'J' Volume 20, Page 791. Premises: 440 Factory Street r lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM BANK, FSB VS. No. 08-3858 Civil Term LESTER E. SPIDLE or OCCUPANTS Costs Attorney's $ 149.50 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)) STATE FARM BANK, FSB being: (Premises as follows): 440 FACTORY STREET, CARLISLE, PA 17013 (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 9/16/08 (Seal) CViCs R. Lon o , Common Pleas Court of C erland County, PA r` 2of2 No 08-3858 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM BANK, FSB LESTER E. SPIDLE or OCCUPANT VS. WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 149.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP 1617 JOHN F KENNEDY BOULDEVARD, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ID# 62695 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 fti By virtue of this writ, on the 19 day of November 2008 1 caused the within named to have possession of the premises described *Yj)MX X X ap"sF?4JX 440 actors St, Carlisle, PA 17013 .y Sworn and subscribed to before me this Day of , Sheriff's Return: Docketing 18.00 Surcharge 20.00 Prothy 2.00 Milage 5.00 Poundage 1.50 Possession 30.00 76.50 0 So Answ WNW ?sWWW"%. Sheriff ? / BY / Advance Costs: 150.00 Sheriff's Costs: 76.50 73.50 Refunded to Atty on 11/20/08 ,/ /;?-/0V/0r s ? r d -I/ Y6 3V G w 2of2 No 08-3858 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM BANK, FSB VS. LESTER E. SPIDLE or OCCUPANT WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 149.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP 1617 JOHN F KENNEDY BOULDEVARD, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ID# 62695 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 , Prothonotary So Answers, Sheriff By Deputy -? L W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM BANK, FSB VS. No. 08-3858 Civil Term LESTER E. SPIDLE or OCCUPANTS Costs Attorney's $ 149.50 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)) STATE FARM BANK, FSB being: (Premises as follows): 440 FACTORY STREET, CARLISLE, PA 17013 (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 9/16/08 (Seal) C s R. LongJhvtfi notary, Common Pleas Court of Cum erland County, PA WRY ?0 Topiy 4AB:"?, t? silk! ?.?ttt! Ft6 ?o2Qo8 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 State Farm Bank, FSB VS. Lester E. Spidle or occupants Plaintiff Defendant(s) Attorney for Plaintiff Court of Common Pleas Cumberland County No. 08-3858-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. /-?///6 /06? Date Francis S. Hallinan Attorney for Plaintiff PHS# 181296 "? ?-_ ;?,, ??_ _?? .. k ;y{ C""? j =7,T , ?' t«'°, rp9 ..,?a ',? ? ?'. . ,?