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HomeMy WebLinkAbout08-5277Phelan, 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 Household Finance Consumer Discount Company 961 Weigel Drive Court of Common Pleas Elmhurst, IL 60126 Civil Division V. Cumberland County Lewis Williams Or Occupants Term 440 Mill Race Road © rr Carlisle, PA 17013 No. 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 #: 181720 1. Plaintiff is Household Finance Consumer Discount Company. 2. Defendant is Lewis Williams Or Occupants. 3. Plaintiff is the record owner of premises located at 440 Mill Race Road 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 Sheriffs deed recorded August 13, 2008 in the Office of the Recorder of Cumberland County in book 200827535, Page, a true and correct copy of which is attached hereto, made party hereof, and marked as Exhibit "A". 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 is S. Hallinan, Esqu' orney for Plaintiff z . . s. - EX MIT "A" v Tax Parcel No. 40-22-0415-070-U66 Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to Household Finance Consumer Discount Company REAL ESTATE SALE NO, 60 Writ No. 2007-6239 Civil Term Household Finance Consumer Discount Company VS Lewis E. Williams Attorney Margaret Gairo DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. 66 (the "Unit"), of Willow Crossing, A Condominium, located in South Middleton Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Willow Crossing, A Condominium (the "Declaration of Condominium") and Declaration Plats and Plans as recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 386, page 889 and Plan Book 61, page 62 and First Amendment to Declaration of Condominium for Willow Crossing, A Condominium (the "First Amendment to Declaration of Condominium") and Declaration Plats and Plans as recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Miscellaneous Book 388, page 412 and Plan Book 61, page 97. Together with an undivided 2.50% interest in Common Elements as more particularly set forth in the aforesaid Declaration of Condominium and Declaration Plats and Plans. Together wjib the right to use the limited common elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration of Plats and Plans, and amendment thereto. Being.known as 440 Mill Race Road. Under and subject to any and all covenants, conditions, restrictions, rights-of--way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. Tax Map Parcel Number: 40-22-0485.070 (U66) Being known as: 440 Mill Race Road, Unit 66, Carlisle, PA 17013 Being the same premises which Robert E. Goodling and Judy S. Goodling, husband and wife and Pfeifer and Gross, Inc., a Pennsylvania Corporation, by deed dated the 1/30/1991, and recorded 2/1/1991 in the Office of the Recorder in and for Cumberland County in Deed Book Y34, page 820, granted and conveyed to Lewis E. Williams and Joyce E. Williams, in fee. The same having been sold by me to the said grantee on the 11th day of June A.nno Domini Two Thousand and Eight (2008) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 28th day of November A,nno Domini 2007 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Seven (2007) Number 6239 at the suit of Household Finance Consumer Discount Company against Lewis E. Williams. In Witness Wereof, I have hereunto affixed my signature this 12th day of August Anno Domini Two Thousand and Eight (2008) K. Thomas Kline, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 12th day of August Anno Domini Two Thousand and Eight (2008) 'AOTHONOTARX ROTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 I hereby certify that the residence And Post Office address of the Within Grantee is 961 Weigel Drive Elmhurst, IL 60126 ?-- PPK Solicitor , ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200827535 Recorded On 8/13/2008 At 9:10:46 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 26977 User ED - KW * Grantor - WILLIAMS, LEWIS E * Grantee - HOUSEHOLD FINANCE CONS DISC CO * Customer - SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 SOUTH MIDDLETON SCHOOL $0.00 DISTRICT SOUTH MIDDLETON TOWNSHIP $0.00 TOTAL PAID $39.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O DADS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. DOOZ4F 111111111111111111111111111111 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 thatthis statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date( Fray is S. Hallinan, E wire A rney for Plaintiff 4 G/} l3 X- TI { SHERIFF'S RETURN - REGULAR CASE NO: 2008--05277 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS WILLIAMS LEWIS TIMOTHY R BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon WILLIAMS LEWIS DEFENDANT the at 0021:05 HOURS, on the 15th day of September, 2008 at 440 MILL RACE ROAD CARLISLE, PA 17013 by handing to LEWIS WILLIAMS DEFENDANT 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 / b/0 3/of 18.00 5.00 .00 10.00 .00 33.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/16/2008 PHELAN HALLINAN & SCHMIEG By: eputy Sheriff of A. D. .. . PHELAN HALLINAN & SCHMIEG By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Household Finance Consumer Discount Company vs Lewis Williams Or Occupants 440 Mill Race Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 08-5277 Civil Term Cumberland County PRAECIPE FOR JUDGMENJ IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Household Finance Consumer Discount Company and against the Defendant(s) Lewis Williams and Or Occupants for possession of premises 440 Mill Race Road, 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. F ncis S. Hallinan, Esquire Attorney for Plaintiff Default Judgment entered as indicated above. DATE PHELAN HALLINAN & SCHMIEG Francis S. Hallinan, Esquire ID# 62695 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 Household Finance Consumer Discount Company vs Lewis Williams Or Occupants TO: Lewis Williams or occupants 440 Mill Race Road Carlisle, PA 17013 DATE OF NOTICE: October 7, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 08-5277 Civil Term Cumberland County "This firm is a debt collector attempting to collect a debt and any intbrmation 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 writtenlappearance 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 B ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 7013 (717) 249-316 is Anderson Assistant PHELAN HALLINAN & SCHMIEG By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Household Finance Consumer Discount Company vs Lewis Williams Or Occupants 440 Mill Race Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 08-5277 Civil Term Cumberland County VERIFICATION OF NON-MoLITARY 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 Lewis Williams Or Occupants'' Or occupants, is over 18 years of age, and resides at 440 Mill Race Road, Carlisle, PA 17013. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unworn falsification to authorities. F ncis S. Hallinan, Esquire Attorney for Plaintiff PHS# 181720 Z '?# ?'` c 4, ?? ?? w ? . ?, ?. ?} ?F ?,? ?, '?? PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF ENNSYLVANIA COUNTY OF CUMBERLAND Household Finance Consumer Discount Company vs Lewis Williams Or Occupants 440 Mill Race Road Carlisle, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION No. 08-5277 Civil Term CtumberlandCounty PRAECIPE FOR WRIT OP POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 440 Mill Race Road, Carlisle, PA 17013 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 440 Mill Race Road s'- F ancis S. Hallinan, Esquire ATTORNEY FOR PLAINTIFF T 0 ,- . - ..,, W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY VS. No. ?8-5277 Civil Term_ i LEWIS WILLIAMS Or OCCUPANTS 440 Mill Race Road Carlisle, PA 17013 Costs Attorney's $ 149.50 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania III (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)) HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY being: (Premises as follows): 440 MILL RACE ROAD, CARLISLE, PA 17013 BEING KNOWN AS NO. 440 MILL RACE ROAD (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 10/23/08 (Seal) i _ . -- 2of2 No 08-5277 Civii Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUME DISCOUNT COMPANY VS. LEWIS WILLIAMS Or OCCUPANTS WRIT OF POSSESSION Att'y $ 149.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and ddress: FRANCIS S. HALLINAN, ES UIRE PHELAN HALLINAN & SC IEG ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215-563-7000 ID# 62695 for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Sworn and subscribed to before me this Day of , Where papers may be served day of I caused the within _, to have po session of the premises described with the Prothonotary i By virtue of this writ, on the 2 n delay f February 2009 I caused the within ? named Household Finance et c have possession of the premis es c eAXAM X 1 ? XPWMWYsY, bd e 440 Mil Ra Rd, Carlisle, PA C? -317 Sworn and subscribed to ~ before me this So Answer Day of , S eriff By ?. Sheriff's Retur n: Advance Cost : 150.00 Docketing 18.00 Sheriff's Cos ts: 81.60. Prothy Pound 2.00 1.60 68.40 eel , Milage 10.00 Possession Surcharge 30.00 20.00- Refunded to tty 2/2/09: 81.60 ? .?/i°)D9 ?? f , 4 ? ? I?M^1 ? fJ1 r"i t", Dt1 C- W L?1 E hzIN0001 •/?1hj'::iii JJN3HS ?H, 1 2of2 No 08-5277 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY VS. LEWIS WILLIAMS Or OCCUPANTS 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 ONE PENN CENTER PLAZA, 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 } 10f 2 WRIT OF POSSESSION (Ejectment Proceedings PR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY VS. No. 08-5277 Civil Terr LEWIS WILLIAMS Or OCCUPANTS 440 Mill Race Road Carlisle, PA 17013 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 y, possession of the following described property to: (Plaintiff (s)) HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY being: (Premises as follows): 440 MILL RACE ROAD, CARLISLE, PA 17013 BEING KNOWN AS NO. 440 MILL RACE ROAD (2) To satisfy the costs against the defendant (s) you are directec property of the defendant (s) and sell his/her (or their) interest therein. 160-3165 etc.) , PENNSYLVANIA .1 are directed to deliver . to levy upon any Curtis R. Long, Prothon tary, Common Pleas Court of Cumberland County, PA Date 10/23/08 (Seal) r PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Esquire Atty. I.D. No.: 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1 4 (215) 563-7000 7' Household Finance VS. Lewis Williams or occupants Discount Company Attorney for Plaintiff Plaintiff Court of Common Pleas Cumberland County No. 08-5277 Civil Term Defendant(s) TO THE PROTHONOT Kindly withdraw the con judgment entered on this only. Date int filed in the instant matter, without prejudice, satisfy the e discontinued and ended, upon payment of your costs 1486n? SAA I - Francis S. Hallinan Attorney for Plaintiff PHS# 181720 FILED-CIRICE OF THE PROS-!(NOTARY 2009 APR 14 AM 10.31 WME ?_? L? ..,'=JUNTY PF S,,TVA.N(fi