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HomeMy WebLinkAbout08-3860 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 Fannie Mae 14221 Dallas Parkway Court of Common Pleas Dallas, TX 75254-2916 Civil Division V. Cumberland County Michael J. Baum Or Occupants Term 18 Scrafford Street -?-- Shippensburg, PA 17257 No. 0 3 C-"? CIVIL ACTION - EJECTMENT *q'his 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 alien 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 #: 181313 1. Plaintiff is Fannie Mae. 2. Defendant is Michael J. Baum Or Occupants. 3. Plaintiff is the record owner of premises located at 18 Scrafford Street, Shippensburg, PA 17257, 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 200820751. 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. CC. Fr ncis S. Hallinan, Esquire Attorney for Plaintiff ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Scrafford Street (40 feet wide) said point being the dividing line between Lots No. 29 and 30, in the hereinafter mentioned plan of lots; thence along said dividing line, South 22 degrees 30 minutes East, a distance of 118.43 feet to a point; thence South 67 degrees 30 minutes West, a distance of 60 feet to Lot No. 28 on said plan; thence along said Lot No. 28, North 22 degrees 30 minutes West, a distance of 118.43 feet to the south side of Scrafford Street, North 67 degrees 30 minutes East, a distance of 60 feet to the place of BEGINNING. BEING Lot No. 29 on Plan of Lots in Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A Scrafford pursuant to property survey of T.L. Essick, R.P.E., Pa. 2228, and lot layout by John H. Atherton, R.P.E., Pa. 2602, recorded in Plan Book No. 5, Page 18. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above-described premises. BEING the same real estate that Jean E. Mathna, by her Agent Larry L. Mathna, by her Deed dated December 13, 2006, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 278, at Page 89, conveyed to SL Realty, LP, a Pennsylvania Limited, Partnership, Grantor herein. Premises: 18 Scrafford 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. 6 a? a Date F ancis S. Hallinan, Esquire Attorney for Plaintiff V f -o C=D SHERIFF'S RETURN - REGULAR CASE NO: 2008-03860 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FANNIE MAE VS BAUM MICHAEL J MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsy,vania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon BAUM MICHAEL J the DEFENDANT at 1818:00 HOURS, on the 1st day of July 2008 at 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 BOBBI BAUM WIFE by handing to a true and attested copvlof COMPLAINT - EJECTMENT together with and at the same time dir?cting Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit SurchargeVD 7/0 Sworn and Subscibed to before me this of 16.00 2 .00 .00 1 .00 00 40.00 So Answers: [ R R. Thomas Kline 07/02/2008 PHELAN By Y A. D. N 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 Fannie Mae vs. Attorney for Plaintiff Michael J. Baum Or Occupants 18 Scrafford Street Shippensburg, PA 17257 COURT OF COMMON PLEAS CIVIL DIVISION No. 08-3860-Civil Term Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Fannie Mae and against the Defendant(s) Michael J. Baum and Or Occupants for possession of premises, 18 Scrafford Street, Shippensburg, PA 17257 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 here o. Fra cis S. Hallinan E quire A rney for Plaintiff Default Judgment entered as indicated above. DATE Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 Attorney for Plaintiff 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Fannie Mae vs. Michael J. Baum Or Occupants 18 Scrafford Street Shippensburg, PA 17257 COURT OF COMMON PLEAS CIVIL DIVISION No. 08-3860-Civil Term Cumberland County 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 194f1, as amended. (b) That defendant Michael J. Baum Or occupants, is over 18 years of age, and resides at 18 Scrafford Street, Shippensburg, PA 17257. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. ?.. Franc' S. Hallinan, E uire Att ey for Plainti L? , PHELAN HALLINAN & SCHMIEG Francis S. Hallinan, Esquire ID# 62695 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 Fannie Mae vs Michael J. Baum Or Occupants COURT OF COMMON PLEAS CIVIL DIVISION No. 08-3860 Civil Term Cumberland County TO: Michael J. Baum or occupants 18 Scrafford Street Shippensburg, PA 17257 DATE OF NOTICE: July 22, 2008 "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." 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 (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 '6A.. ? ? ' O Ja ? ? a ?!. ? V ? , ? b ???? ??3 C :., ??.. ..a 1 -? „C+? a ?3 ,?, PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland Fannie Mae COURT OF COMMON PLEAS CIVIL DIVISION vs. No. 08-3860-Civil Term Cumberland County Michael J. Baum Or Occupants 18 Scrafford Street Shippensburg, PA 17257 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession o£ 18 Scrafford Street, Shippensburg, PA 17257 "PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 18 Scrafford Street Fra is S. Hallina , quire A rney for Plainti O 6-, 00 _ pp -t Tj ? 9ua d p p 0 0 Zil ? n b- SA i '..' . 2 W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE VS. No. 08-3860 Civil Term MICHAEL J. BAUM OR OCCUPANTS 18 Scrafford Street Shippensburg, PA 17257 Costs Attorney's $ 165.50 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)) FANNIE MAE being: (Premises as follows): 18 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 (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 8/11/08 (Seal) Curti R. Long, P ota Common Pl as Court of C berland County, PA 2of2 No 08-3860 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE MICHAEL J. BAUM, OR OCCUPANT VS. WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 165.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN, HALLINAN & SCHMIEG LLP 1617 JOHN F. KENNEDY BOULEVARD, 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 ?? f ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Scrafford Street (40 feet wide) said point being the dividing line between Lots No. 29 and 30, in the hereinafter mentioned plan of lots; thence along said dividing line, South 22 degrees 30 minutes East, a distance of 118.43 feet to a point; thence South 67 degrees 30 minutes West, a distance of 60 feet to Lot No. 28 on said plan; thence along said Lot No. 28, North 22 degrees 30 minutes West, a distance of 118.43 feet to the south side of Scrafford Street, North 67 degrees 30 minutes East, a distance of 60 feet to the place of BEGINNING. BEING Lot No. 29 on Plan of Lots in Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A Scrafford pursuant to property survey of T.L. Essick, R.P.E., Pa. 2228, and lot layout by John H. Atherton, R.P.E., Pa. 2602, recorded in Plan Book No. 5, Page 18. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above-described premises. BEING the same real estate that Jean E. Mathna, by her Agent Larry L. Mathna, by her Deed dated December 13, 2006, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 278, at Page 89, conveyed to SL Realty, LP, a Pennsylvania Limited, Partnership, Grantor herein. Premises: 18 Scrafford Street 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 Writ o Possession Returned Stayed on 9/18/08 Der ttorney Sworn and subscribed to before me this Day of So Answers, Sh By Sheriff's Return Advance Costs 150.00 Docketing 18.00 Sheriff's Costs: 61.20 Surcharge 20.00 88,80. Poundage 1.20 Prothy 2.00 Milage 20.00 Refunded to Atty on 9/18/08 61.20 ? 00 0;,' 4%gL3 & .2i<7P'Y 2of2 No 08-3860 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE MICHAEL J. BAUM, OR OCCUPANT VS. WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Attly $ 165.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN, HALLINAN & SCHMIEG LLP 1617 JOHN F. KENNEDY BOULEVARD, 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 W2 WRI'T' OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE VS. MICHAEL J. BAUM OR OCCUPANTS 18 Scrafford Street Shippensburg, PA 17257 No. 08-3860 Civil Term Costs Attorney's $ 165.50 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)) FANNIE MAE being: (Premises as follows): 18 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 (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. ?-71147?zd ?- , 194 F=W& 5=40 Curtig R. Long, P ary, Common Pleas Court of Cu erland County, PA Date 8/11/08 (Seal) ti 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 Attorney for Plaintiff Fannie Mae Plaintiff Court of Common Pleas Cumberland County VS. No. 08-3860 Civil Term Michael J. Baum or occupants Defendant(s) 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. ? f? Gp Date Fr ncis S. Hallinan Attorney for Plaintiff PHS# 181313 ??.; .7;? ,? , r°?-? .- ._ _ C _ ?J -.. ? ..... "+: