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HomeMy WebLinkAbout08-3859,I* Phelan, 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 US Bank National Association, As Trustee For Mastr Asset Backed Securities Trust 2006-FRE1 Court of Common Pleas 3476 Stateview Blvd. Fort Mill, SC 29715 Civil Division V. Cumberland County Dawn M. Shughart Term Or Occupants 331 C Street No. O k - 3 85 Carlisle, PA 17013 CIVIL ACTION - EJECTMENT ck-- .? ." **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 with,,ut 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 #: 181298 1. Plaintiff is US Bank National Association, As Trustee For Mastr Asset Backed Securities Trust 2006- FRE 1. 2. Defendant is Dawn M. Shughart Or Occupants. 3. Plaintiff is the record owner of premises located at 331 C 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 June 20, 2008 in the Office of the Recorder of Cumberland County in Instrument number 200820749. 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. S? F ancis S. Hallinan, Esquire Attorney for Plaintiff : X ALL THOSE two certain lots of land situate on the North side of 'C' Street in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING on the South by 'C' Street; on the North by a 16 foot alley; on the East by a 16 foot alley; and on the West by lands now or formerly of Patrick Q. and Kaye L. Spiece, erroneously set forth in prior deeds as being bounded by 'C' Street. Containing 50 feet in front on 'C' Street and extending in depth at an even width 150 feet to the 16 foot alley on the north aforesaid. BEING Lots Nos. 13 and 14 in Block No. 16 according to the Plan of Lots of the Carlisle Land and Improvement Company, said Plan being recorded in the Office of the Recorder of Deeds fro Cumberland County in Miscellaneous Book 11 at Page 572. BEING the same premises which Joel A. Williams and Karen R. Williams, single persons, by their deed dated May 20, 2002, and recorded in Cumberland County, Pennsylvania Deed Book 251, Page 4250, granted and conveyed unto Karen R. Williams, single person, Grantor herein. Premises: 331 C 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. _ Sam/ X-7 Date rancis S. Hallinan, Esquire Attorney for Plaintiff ?? Tr 1t, c '-gin! ? ` --1 rr, w_ R f?D 4 IWO, SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03859 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SHUGHART DAWN M 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 PWTTr,WART nAWN M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT the within named DEFENDANT 331 C STREET CARLISLE, PA 17013 SHUGHART DAWN M NOT FOUND , as to DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge '11iS-10fr C, ,., So answers: 18.00 5.00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 38.00 PHELAN HALLINAN SCHMIEG 07/08/2008 Sworn and Subscribed to before me this day of A. D. 1% SHERIFF'S RETURN - REGULAR CASE NO: 2008-03859 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SHUGHART DAWN M SHAWN HARRISON , 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 2122:00 HOURS, on the 7th day of July 2008 at 331 C STREET CARLISLE, PA 17013 by handing to ELIZABETH STOTLER, 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 Service Affidavit Surcharge "7I/5/b f (;„ 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/08/2008 PHELAN HALLI CH IEG By: p ty Sheriff of A. D. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff US Bank National Association, as Trustee for Mast Asset Backed Securities Trust 2006-FRE1 Plaintiff Court of Common Pleas Cumberland County VS. No. 08-3859 Civil Term Dawn M. Shughart or occupants Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. ?`S f GP Date La rence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff PHS # 181298 a °arr.