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HomeMy WebLinkAbout08-6356v Phelan, Hallinan & Sehmieg, 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 1100 Virginia Drive P.O. Box 8300 Court of Common Pleas Fort Washington, PA 19034 Civil Division V. Cumberland County Rhett L. Hefelfinger Term C('V l Or Occupants 304 East Louther Street No. G? - cX 3541 Carlisle, PA 17013 CIVIL ACTION - EJECTMENT **This firm is a debt collector attempting to collect a debt and any information obtained will be for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this c rrespondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien aga' 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 b 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 or any money claimed in the complaint or for and other claim or relief requested by the plaintiff. You may lose money or property o 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 it lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons a 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 #: 189182 A' 1. Plaintiff is U.S. Bank National Association As Trustee. i 2. Defendant is Rhett L. Hefelfmger Or Occupants. i 3. Plaintiff is the record owner of premises located at 304 East Louther Street, Carlisle, ?A 17013, a legal description of which is attached. 4. Plaintiff became the owner of said premises as a result of the foreclosure and judici?l sale by the Sheriff of Cumberland County, on October 1, 2008, as evidenced by the Sheriffs ded recorded October 22, 2008 in the Office of the Recorder of Cumberland County in Instrume t 200834667. 5. Plaintiff, by virtue of the above, is the record owner of said premises, and is entitled t possession thereof. The defendant is occupying the said premises without right and so far as the laintiff is informed, without claim of title. 6. Plaintiff has demanded possession of the said premises from the said defendant who l as refused to deliver up possession of same. WHEREFORE, plaintiff seeks to recover possession of said premises. 4ttor is S Hallinan, E ire ney for Plaintiff 1 ALL THAT CERTAIN lot of ground situated in The Borough of Car isle, Cumberland County, Pennsylvania, bounded and described as fol?' ows: ON the East by property formerly of Charles Shapley, now or formerly of Kathleen Minnich, on the South by an alley; on the West by property formerly of Mrs. Susan Shrom, now or formerly of Arthur Marti ; and on the North by East Louther Street; Containing 15 feet, more or less, on said East Louther Street and 197 feet, more or less, in depth to said alley. BEING improved with a dwelling house known as 304 East Louthe? Street, Carlisle, Pennsylvania 17013. 1 TOGETHER with all and singular ways, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining; and the rever ions and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, use trust, property, possession, claim and demand whatsoever in law, equity or otherwise howsoever, of, n, to or out of the same. TO HAVE AND TO HOLD, the said hereditaments and premises hereby granted and released, or mentioned and intended so to be, with the appurtenances unto the Grantee and his heirs and assigns, to :nd for the only proper use and behoof of the said Grantee his heirs nd assigns, forever. BEING THE SAME PREMISES which R. Fred Hefelfinger, Executor o The Last Will and Testament of Margaret W. Hefelfinger, by Deed dated my 18, 1996 and recorded July19, 1996 in The Office of The Recorder f Deeds in and for Cumberland County, Pennsylvania, in Deed Book 142, page 1008, granted and conveyed unto Rhett L. Hefelfinger and Kell L. Hefelfinger, husband and wife, Grantors herein A i VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this evict?on action and is authorized to make this verification. The statements made in the foregoing Civil Action - E'ectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or PI intif 's predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of executio , 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 hav personal knowledge of the purchase of this property at sheriffs sale. The undersigned understands that this statement is made subject to the penalties of J 8 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date 0 c "t3 t fir is ti C =- Q co 0 °G SHERIFF'S RETURN - REGULAR CASE NO: 2008-06356 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS HEFELFINGER RHETT L GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT to law, - EJECTMENT was served upon HEFELFINGER RHETT L DEFENDANT the at 00_20:_00 HOURS, on the 28th day of October 2008 at 304 EAST LOUTHER STREET CARLISLE, PA 17013 by handing to RHETT L. HEFELFINGER 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 18.00 Affidavit 5.00 Surcharge . 10.00 10.00 40/3 0/0,r .00 33.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 10/29/2008 PHELAN HALLINAN & SCHMIEG By: Deputy S h5e iff , ____?_ 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 U.S. Bank National Association as Trustee ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs No. 08-6356 Rhett L. Hefelfinger Or Occupants Cumberland County 304 East Louther Street Carlisle, PA 17013 PRAECIPE XOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment i' favor of the Plaintiff, U.S. Bank National Association as Trustee and against the Defendant(s) Rhett L. H felfmger and Or Occupants for possession of premises 304 East Louther Street, Carlisle, PA 17013 for f I hereby certify that according to F praecipe for Entry of default Judgment attached hereto. to file an Answer within twenty (20) days of service. 237.1, written 10-day notice of Plaintiffs intention to file a mailed to Defendant(s), a true and correct copy of which is F?r ncis S. Hallinan, Esquire .. Attorney for Plaintiff Default Judgment entered as indicated above. DATE 1 t ? t PHELAN HALLINAN & SCHMIEG By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 11 U.S. Bank National Association as Trustee vs Rhett L. Hefelfinger Or Occupants 304 East Louther Street Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 08-6356 Cumberland County VERIFICATIQ? OF NON-MILITARY SERVICE Francis S. Hallinan, Esquire, hereby erifes that he is Attorney for Plaintiff in the above captioned matter, and that on information and belie, 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 Rhett L. Hefelf[nger Or Occupants Or occupants, is over 18 years of age, and resides at 304 East Louther Street,, Carlisle, PA 17013. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unswom falsification to authorities. Fr ncis S. Hallinan, Esquire Attorney for Plaintiff PHS# 189182 ? .# = ,.l U? .a ? ?? _ ,. w _ -! e ?.. ? ? ? ? :?? 2 1 i . ( ?5 _k ?,r ? ?-' C.,? '? ?3 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: Rhett L. Hefelfinger Or Occupants 304 East Louther Street Carlisle, PA 17013 U.S. Bank National Association as Trustee vs Rhett L. Hefelfinger Or Occupants 304 East Louther Street Carlisle, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION No. 08-6356 CumberlandCounty Attorney ID # 62695 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as inJudgment by Default - Money Judgment - Judgment in Replevin XX Judgment for Possession - Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Francis S. Hallinan Esquire, at this telephone number: (215) 563-7000 PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U.S. Bank National Association as Trustee COURT OF COMMON PLEAS CIVIL DIVISION vs Rhett L. Hefelfinger Or Occupants 304 East Louther Street Carlisle, PA 17013 No. 08-6356 CumberlandCounty PRAECI FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above ni?atter for possession of: 304 East Louther Street, Carlisle, PA ":'7013 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 304 East Louthei Street Francis S. Hallinan, Esquire ATTORNEY FOR PLAINTIFF 000 ? Tn ssr ?' W ALL THAT CERTAIN lot of ground situated in The Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the East by property formerly of Charles Shapley, now or formerly of Kathleen Minnich, on the South by an alley; on the West by property formerly of Mrs. Susan Shroo, now or formerly of Arthur Martin; and on the North by East Louther Street; Containing 15 feet, more or less, on said East Louther Street and 197 feet, more or less, in depth to said alley. BEING improved with a dwelling house known as 304 East Louther Street, Carlisle, Pennsylvania 17013. TOGETHER with all and singular ways, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining; and the reversions and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, use trust, property, possession, claim and demand whatsoever in law, equity or otherwise howsoever, of, in, to or out of the same. TO HAVE AND TO HOLD, the said hereditaments and premises hereby granted and released, or mentioned and intended so to be, with the appurtenances unto the Grantee and his heirs and assigns, to and for the only proper use and behoof of the said Grantee his heirs and assigns, forever. BEING THE SAME PREMISES which R. Fred Hefelfinger, Executor of The Last Will and Testament of Margaret W. Hefelfinger, by Deed dated July 18, 1996 and recorded July19, 1996 in The Office of The Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 142, page 1008, granted and conveyed unto Rhett L. Hefelfinger and Kelly L. Hefelfinger, husband and wife, Grantors herein lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, As Trustee VS. RHETT L. HEFELFINGER or OCCUPANTS No. 08-6356 Civil Term Costs Attorney's $ 149.50 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland Count, 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)) U.S. BANK NATIONAL ASSOCIATION, as Trustee being: (Premises as follows): 305 EAST LOUTHER 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. . (1-d 1? t k? CCurld R. Lon n tary Common Pleas Court of Cu berland County, PA Date 12/03/08 (Seal) 2of2 No 08-6356 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, As Trustee VS. RHETT L. HEFELFINdGER 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 HA? LINAN & 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 , I? Prothonotary So Answers, Sheriff By Deputy 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 U.S. Bank National Association As Trustee VS. Rhett L. Hefelfinger or occupants Plaintiff Defendant(s) Attorney for Plaintiff Court of Common Pleas Cumberland County No. Civil 08-6356 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. d ' 6 V6A Date rancis S. Hallinan Attorney for Plaintiff PHS# 189182 ?,?* ?? ?? =?.?., y ?? r C?? y Y?-' I . 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 9 -o-F returned STAYED per Atterrlae-y- on 2/ Wrlt -Possessio++ Sworn and subscribed to before me this Day of So Ans K S criff By ., U&J-A Sheriff's Return Docketing 18.00 Surcharge 20.00 Prothy 2.00 Poundage: .89 Milage 4.50 45.39 Advance Costs: 150.00 Sheri'ff's Costs: 45.39 104.61 ? o1aIb1 9"1 Refunded to Atty on 2/18/08 a r--, .'"9 8 d h - ??a 8001 JJI2 3HS 0 ?., T y - fir ?? GJ ti • fl C91 ..r a ,vv c• ?a/3P3 2of2 No 08-6356 Civil Term IN TBE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, As Trustee vs. RHETT L. HEFELFINGER 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 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215-563-7000 ID# 62695 Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Sworn and subscribed to before me this Day of Prothonotary Where papers may be served day of . I caused the within _, to have possession of the premises described with the So Answers, Sheriff By Deputy W2 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, As Trustee VS. No. 08-6356 Civil Term_ RHETT L. HEFELFINGER 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)) U.S. BANK NATIONAL ASSOCIATION, as Trustee being: (Premises as follows): 304EAST LOUTHER 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. C As R. Lo no , Common Pleas Court of Cumberland County, PA Date 12/03/08 (Seal)