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HomeMy WebLinkAbout08-4297I • p 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 U.S. Bank National Association as Trustee 500 Enterprise Road Court of Common Pleas Horsham, PA 19044 Civil Division Cumberland County Scott Failor Or Occupants Term 217 Chestnut Street Mount Holly Springs, PA 17065 No. (? S a 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 #: 181381 1. Plaintiff is U.S. Bank National Association as Trustee. 2. Defendant is Scott Failor Or Occupants. 3. Plaintiff is the record owner of premises located at 217 Chestnut Street Mount Holly Springs, PA 17065, 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 Sheriffs deed recorded July 10, 2008 in the Office of the Recorder of Cumberland County in book 200823519. 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. rancis S. Hallinan, Esquire Attorney for Plaintiff Imo. . Commitment Number: PA005432 SCHEDULE C LEGAL DESCRIPTION File Number: FAILORABS ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Thomas A. Neff, Registered Surveyor, dated March 6, 1969, as follows: BEGINNING at a point, marked by a spike, on the Western side of Chestnut Street, said point being 316.25 feet South of the South side of West Butler Street; thence along the Wester side of Chestnut Street, South 02- degrees 24 minutes East 39 feet to a point, marked by a 114-inch drill hole in the curb, at a comer of land now or formerly of William H. Kline; thence along said land, North 89 degrees 55 minutes West 180 feet to a stake on the Eastern side of a public alley; thence along said alley, North 04 degrees 00 minutes 20 seconds West 41 feet to a spike at a comer of land now or formerly of Merle R. Tate; thence along said land, South 89 degrees 20 minutes East 181.25 feet to the point and Place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling and other improvements, all of which premises are known and numbered as 217 Chestnut Street, Mt. Holy Springs, PA 17065. Q STEWART TITLE BI(I 920PG?:'OS 7 GUARANTY COMPANY VERIFICA'I` O Fiands•S. Hallitnaa.-tAifi b hereby states that he.is the Attorney for ?aauttec. that Plaintiff is outside the ' the Plaintiff in this ration o f the-©ouct and/oF the wt verification could t be obtainod vvittciin the time allowed for the $tiag of the Pieadingthat he is au6wi od to take this. VetifiicatiQ n. Pursuant, to Pa. R.E.P_ f024 -(c) and that the abet uwtES nm& iethe favegoiag Civil- Ac n 40echnent are terse bea of W knowt®elge. iinfom aEioa and bcUcE > and c t t® the u!?oc+e; it is eouu?cl:'s int ntention to subsaom c a Verification fraai -Plaint ffas s as it is raocived by counsel. -'T'he undam%aed und«stands that tlds statement is caade subject to the penaities .of t a Pad C„S. Soc. 4904 rdn ing to unswocu falsification to. authocitics. . -S Frai cis S. Eial M&a* ,. Esquire /D .7? . ?O ?l tocuey for E'Lxiatii? ate: ?I V rr, r niTi SHERIFF'S RETURN - REGULAR CASE NO: 2008-04297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL TRUSTEE VS FAILOR SCOTT MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT FAILOR SCOTT was served upon the DEFENDANT at 1948:00 HOURS, on the 21st day of July 2008 at 217 CHESTNUT STREET MOUNT HOLLY SPRINGS, PA 17065 by handing to SCOTT FAILOR 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 Sworn and Subscibed to before me this So Answers: 18.00 6.00 .00 10.00 R. Thomas Kline .00 34.00 07/22/2008 PH LAN HALLINAN SCHMIEG By. day Deputy Sheriff 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 US Bank National Association, as Trustee VS. Scott Failor Or Occupants 217 Chestnut Street Mount Holly Springs, PA 17065 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 08-4297-Civil Term Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, US Bank National Association, as Trustee and against the Defendant(s) Scott Failor and Or Occupants for possession of premises, 217 Chestnut Street, Mount Holly Springs, PA 17065 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 co of which is attached hereto. Default Judgment entered as indicated above. ra is S. Hallinan, Es q e orney for Plaintiff DATE ,.A- 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 Attorney for Plaintiff US Bank National Association, as Trustee COURT OF COMMON PLEAS CIVIL DIVISION VS. No. 08-4297-Civil Term Cumberland County Scott Failor Or Occupants 217 Chestnut Street Mount Holly Springs, PA 17065 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 Scott Failor Or occupants, is over 18 years of age, and resides at 217 Chestnut Street, Mount Holly Springs, PA 17065. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unworn falsification to authorities. Fra cis S. Hall inan, Esqu' orney for Plaintiff f- PHELAN HALLINAN & SCHMIEG Francis S. Hallinarr, Esquire ID# 62695 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF U.S. Bank National Association as Trustee vs Scott Failor Or Occupants TO: Scott Failor or occupants 217 Chestnut Street - Mount Holly Springs, PA .17065 DATE OF NOTICE: Aueust 12, 2008 COURT OF COMMON PLEAS CIVIL DIVISION No. 08-4297 Civil Term Cumberland County "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." UAPORTANT 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 a"- '"M'Tj Patricia Anderson Legal Assistant Cc: Brian J. Bleasdale, Esq. m ? ? to v i " PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland US Bank National Association, as Trustee COURT OF COMMON PLEAS CIVIL DIVISION VS. No. 08-4297-Civil Term Cumberland County Scott Failor Or Occupants 217 Chestnut Street Mount Holly Springs, PA 17065 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of 217 Chestnut Street, Mount Holly Springs, PA 17065 **PLEASE SEETHE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 217 Chestnut Street Franc S. Hallina Esquire Att ey for Plain ff ? ?. s'" I Commitment Number: PA005-032 File Number: FAILORASS ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Thomas A. Neff, Registered Surveyor, dated March 6, 1969, as follows: BEGINNING at a point, marked by a spike, on the Western side of Chestnut Street, said point being 316.25 feet South of the South side of West Butler Street; thence along the Western side of Chestnut Street, South 02- degrees 24 minutes East 39 feet to a point, marked by a 1/4-inch drill hole in the curb, at a comer of land now or formerly of William H. Kline; thence along said land, North 89 degrees 55 minutes West 180 feet to a stake on the Eastern side of a public alley; thence along said alley, North 04 degrees 00 minutes 20 seconds West 41 feet to a spike at a comer of land now or formerly of Merle R. Tate; thence along said land, South 89 degrees 20 minutes East 181.25 feet to the point and Place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling and other improvements, all of which premises are known and numbered as 217 Chestnut Street, Mt. Holly Springs, PA 17055. STEWAR.T TITLE GUARANTY COMPANY SCHEDULE C LEGAL DESCRIPTION B1(I920PGb..059 .11" 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE VS. No. 08-4297 Civil Term SCOTT FAILOR OR OCCUPANTS Costs Attorney's $ 150.50 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)) US BANK NATIONAL ASSOCIATION AS TRUSTEE being: (Premises as follows): 217 CHESTNUT STREET, MOUNT HOLLY SPRINGS, PA 17065 (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. 4 4-s / L." /P 4-4 Curds R. Long, Prothonotary, f +- ` Common Pleas Court of Cumberland County, PA Date AUGUST 29, 2008 (Seal) I . 2of2 D F-Ya 917 No Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE VS. SCOTT FAILOR OR OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160.3165 ETC. Costs Att'y $ 150.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S HALLINAN ESQ 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA PA 19103 215-563-7000 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 k , By virtue of this writ, on the day of I caused the within ,r?named to have possession ii£ th; }remises described with the T appurtenances, and Writ of PncGPCGi nn R:at?ir P _j%(1 R j0R p pr Attorney. Swom and subscribed to before me this Day of Sheriff's Office Docketing Surcharge Prothy- Milage Poundage r-., ,/3 So Answers .?? By Advance Costs: 150.00 Sheriff's Costs: 47.94 a 18.00 102.06- 20.00 2.00 Refunded to Atty on 9/18/08 7.00 .94 47.94 ? fv%?3/uP )l jV chi (,?r94! ku, .7is" .7t'P a v fqndoa AMouogaozd gig 33!12gS 3o Ar(I snp ouz aiojoq o4 poquosgns puu womS `saamsud OS aqp gpim paquosap sosumid otRjo uoissassod anuq o; ` urpm a p posnuo I jo Cup pamas aq Amu siadud oiogAk (s) 33?Iu!uId .i03 AatuoUV puu`saouuuaanddu Paurea atp uo Trim supjo onlIiA Ag OOOL-£99-91Z £0161 Vd VlHd'IHCIV Hd OOt,I Z[MS C[HVAa'MOg ACGNI I J NHOf L191 OSa NVM I'IVH S SIaNV'HA :SSaappu pus MMU Sauzons (s)3ii.4wvlcl $ j3uauS 00' Z $ Alpold $ W ii Id OS•091 $ A,uv SISOD •asA 59TH I£ W •x•d uaissassod 140 MUM S.LNV&D00 "IO 2i0'IPd3 J.L00S 'SA gg.LSf12LL Sd X0I.LVI00SSV 'lVAIOLLVx XXVEI Sfl VIKVArUSNNad `AJNA0a GgVrMZWMIJ 30 S` arld NOPUM0a 30 Ima0a ML Na uuaZ IIA!D ON 66rb -go Z3o Z 1 .10 ' r 41 2 W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE VS. No. 08-4297 Civil Term SCOTT FAILOR OR OCCUPANTS Costs Attorney's $ 150.50 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)) US BANK NATIONAL ASSOCIATION AS TRUSTEE being: (Premises as follows): 217 CHESTNUT STREET, MOUNT HOLLY SPRINGS, PA 17065 (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. l.Nh.4A s R. Long, Prothonotary, /W Common Pleas Court of Cumberland County, PA Date AUGUST 29, 2008 (Seal) 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 U.S. Bank National Association as Trustee Plaintiff Court of Common Pleas Cumberland County VS. No. 08-9297 Civil Term Scott Failor 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. Date F ancis S. Hallinan Attorney for Plaintiff PHS# 181381 rnfr! „? W