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HomeMy WebLinkAbout08-7474 Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Homecomings Financial Real Estate Holdings, LLC 4828 Loop Central Drive Houston, TX 77081-2226 V. Crystal L. Zellner Or Occupants 517 North Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. Q7'74?7 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 #: 192396 I . Plaintiff is Homecomings Financial Real Estate Holdings, LLC. 2. Defendant is Crystal L. Zellner Or Occupants. 3. Plaintiff is the record owner of premises located at 517 North Pitt 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 September 3, 2008, as evidenced by the Sheriff's deed recorded November 3, 2008 in the Office of the Recorder of Cumberland County in Instrument 200835952, 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. F ncis S. Hallinan, Esquire Attorney for Plaintiff i I EDIT Tax Parcel No. 06-20-1798-057 r Know all Men by these Presents OOONMR 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 HomeComings Financial Real Estate Holdings, LLC Real Estate Sale No. 49 Writ No. 2001-3872 Civil Term TMS Mortgage Inc., d/b/a The Money Store VS Crystal L. Zellner Attorney M. Troy Freedman ALL THOSE CERTAIN PIECES OR PARCEL OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: TRACT NO. 1: BEGINNING AT A POINT ON THE EASTERN SIDE OF NORTH PITT STREET IN LINE OF LAND NOW OR FORMERLY OF ARTHUR KECK AND HIS WIFE; THENCE BY THE SAME IN AN EASTERLY DIRECTION, 84 FEET, MORE OR LESS, TO A POINT; THENCE BY THE SAME IN A SOUTHERLY DIRECTION 25' 7", MORE OR LESS, TO A POINT IN THE SAME; THENCE IN AN EASTERLY DIRECTION 2' 10", MORE OR LESS, TO A POINT; THENCE STILL BY THE SAME IN A SOUTHERLY DIRECTION 14'5, MORE OR LESS, TO A POINT IN LINE OF LANDS NOW OR FORMERLY OF JOHN W. TOOMEY; THENCE BY THE SAME IN AN EASTERLY DIRECTION 24'2", MORE OR LESS, TO A POINT IN LINE OF LANDS NOW OR FORMERLY OF CHARLES A. LOSC:H; THENCE BY THE SAME IN A NORTHERLY DIRECTION 66', MORE OR LESS, TO A POINT IN LINE WITH OTHER LANDS NOW OR FORMERLY OF CHARLES A. LOSCH; THENCE BY THE SAME IN A WESTERLY DIRECTION 111.2 FEET, MORE OR LESS, TO A POINT ON THE EAST SIDE OF NORTH PITT STREET, THENCE BY THE SAME IN A SOUTHERLY DIRECTION 27', MORE OR LESS, TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO AND ONE HALF STORY DWELLING HOUSE KNOWN AS 517 NORTH PITT STREET, CARLISLE, PA 17013 SUBJECT TO THE RIGHT OF THE OWNER OF THE PREMISES TO THE WEST OF THE SOUTHERN PORTION OF THE LOT ABOVE CONVEYED, HIS HEIRS AND ASSIGNS, TO THE USE OF THE VACANT LOT AS IT NOW 11/18/2008 10:15:14 AM CUMBER1 AND COUNTY Inf # 9nnRAs4s9 - Pane 1 of R EXISTS LOCATED ADJACENT TO THE PROPERTY ON THE, WEST FOR THE PURPOSE OF INGRESS, EGRESS, AND REGRESS TO THE SAID PREMISES ON THE WEST, TOGETHER WITH THE GRANTEE HEREIN, HER HEIRS AND ASSIGNS. SAID VACANT STRIP BEING 5', MORE OR LESS, WIDE AT THE NORTHERN SIDE OF THE SAID LOT ON THE WEST AND EXTENDING IRREGULARLY TO A WIDTH OF 25', MORE OR LESS, AT THE SOUTHERN SIDE. TRACT NO.2: BEGINNING AT A POINT ON THE WESTERN SIDE OF A PRIVATE ALLEY APPROXIMATELY 10' WIDE, WHICH POINT IS ALSO THE SOUTHEAST CORNER OF LANDS NOW OR FORMERLY CLARENCE CRAMER;THENCE BY SAID OTHER LANDS NOW OR FORMERLY OF CLARENCE CRAMER IN A NORTHEASTERLY DIRECTION 65.6'TO A POINT, THE NORTHEAST CORNER OF TRACT NO. I ABOVE DESCRIBED; THENCE BY LAND NOW OR FORMERLY OF CHARLES F. CRAMER IN AN EASTERLY DIRECTION I FOOT TO A POST; THENCE BY THE SAME IN A SOUTHERLY DIRECTION 50.5 FEET TO A TREE; THENCE BY THE SAME IN A SOUTHEASTERLY DIRECTION 10.7 FEET TO A POST, THENCE BY THE SAME IN A SOUTHERLY DIRECTION 8.7 FEET TO A POST ON THE EASTERN SIDE OF THE PRIVATE ALLEY AFORESAID; THENCE ACROSS THE ALLEY IN A WESTERLY DIRECTION 11.6 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH FULL AND FREE INGRESS, EGRESS, AND REGRESS IN THE GRANTEE, HER HEIRS AND ASSIGNS, TO AND OVER THE AFORESAID PRIVATE ALLEY TO THE SOUTH OF THE PARCEL HEREIN CONVEYED, TO BE HELD IN COMMON WITH THE SAID CLARENCE F. CRAMER, HIS HEIRS AND ASSIGNS, FOREVER. TAX PARCEL NO.: 06-20-1798-057 BEING THE SAME PREMISES WHICH RICHARD W. DUTREY AND MARJORIE B. DUTREY, HUSBAND AND WIFE, GRANTED AND CONVEYED UNTO CRYSTAL L. ZELLNER BY DEED DATED DECEMBER 23, 1996 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 151, PAGE 583. 11/18/2008 10.15:14 AM CUMBERLAND COUNTY Inst.# 200835952 - Pape 2 of 6 The same having been sold by me to the said grantee on the 3rd day of September Anno Domini Two Thousand and Eight (2008) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 21st day of May Anno Domini 2008 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and One (2001) Number 3872 at the suit of TMS Mortgage Inc., d/b/a The Money Store against Crystal L. Zellner. 11118/2008 10:15:14 AM CUMBERLAND COUNTY Inst.# 200835952 - Pape 3 of 6 In Witness Wereof, l have hereunto affixed my signature this 28th day of October ? "• ,:'' Anno Domini Two Thousand and Eight (2008) R. 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 28th day of October Anno Domini Two Thousand and Eight (.2008) • PROTHONOTARY, NOTARY 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 4828 Loop Central Drive Houston, TX 77081-2226 Sollclto 11/18/2008 10:15:14 AM CUMBERLAND COUNTY Intl 200835952 - Page 4 of 6 REV-183 Ex (1•-04) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES PO BOX 280603 HARRISBURG PA 17128.0603 REALTY TRANSFER TAX STATEMENT OF VALUE See Reverse for Instructions State Tax Paid Book Numt er ? , -?-+ Page Number Date Recorded Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s). A. CORRESPONDENT _All inquiries-may be directed to the following person.- Name Telephone Number: Richard M. Squire & Associates, LLC (215) 886-8790 Street Address City State Zip Code 115 West Avenue, Suite 104 I Jenkintown IPA 1 19046 B. TRANSFER DATA _ Date of Acce tance of Document Granlor(syLessor(s) _ Grantee(syl-essee(s) - Sheriff of Cumberland County HomeComings Financial Real Estate Holdings, LLC Street Address Street Address - _....,._..__? _ One Courthouse Square " 12,9-WX 4375 ?j LOOP city State Zip Code City State Zip Code Carlisle PA 17013 Houston TX L7--,qt0 12L4, C. PROPERTY LOCATION Street Address City, Township, Borough 517 N. Pitt Street, Carlisle, PA 17013 Borough of Carlisle County School District Tax Parcel Number Cumberland County I Carlisle Area School District 06-20-1798-D57 D. VALUATION DATA 1. Actual Cash Consideration 2. Other Consideration 3. Total Consideration , +_0.00 4. County Assessed Value j 5. Common Level Ratio Factor 6. Fair Market Value ? ? - 54,580.00 - 1 X 1.26 = 81, 4 96.80 E. EXEMPTION DATA _ _ 1 a. Amount of Exemption Claimed 1 b. Percentage of Interest Conveyed 100.00 100% ? 2. Check Appropriate Box Below for Exemption Claimed ? Will or intestate succession 11 (Name of Decedent) (F-state File Number) ? Transfer to Industrial Development Agency. ? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ® Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number. 1585 , Page Number 1036. Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) Statutory corporate consolidation, merger or division. (Attach copy of articles.) Other (Please explain exemption claimed, if other than listed above.) Under penalties of law, I declare that I have examined this Statement, including accompanying information, and to the best of my knowl9Bpe and belief, It Is trWe, correct and complete. or Date 10/10/2008 FAIL THE 0 COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN RIDER'S REFUSAL TO RECORD THE DEED. 11118/2008 10:15:14 AM CUMBERLAND COUNTY Inst./1200835952 - Pape 5 of 6 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200835952 Recorded On 11/3/2008 At 1:19:51 PM ' Total Pages - 6 * Instrument Type - DEED-SHERIFF'S Invoice Number - 31673 User ID - KW * Grantor - ZELLNER, CRYSTAL 1, * Grantee - HOMECOMINGS FINANCIAL REAL ESTATE HOLDINGS LLC * Customer - SHERIFF * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE CARLISLE AREA SCHOOL DISTRICT CARLISLE BOROUGH TOTAL PAID $0.50 $10.00 $12.50 $10.00 $11.50 $2.00 $3.00 $0.00 $0.00 $49.50 I Certify this to be recorded in Cumberland County PA Certification Page DO NOT DETACH This page is now part of this legal document. n L(/ RECORDER O D EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11111111111111111111111 11/1812008 10:15:14 AM CUMBERLAND COUNTY Inst.# 200835952 - Pa4e 6 of 6 VERIFICATION Fmrx is.s. Hail' he, . that Plain ??y state mat is the Attomey for the Plaiatiff is not be die Jufisdietion Of dtvcouet this Obtained within time allowed for the. firing of the l F the ver?ficati°n could audwizood to take this. Vestification, pursuant to P ?adtng. that he is its made io tke R-E.P. 1024 -(c) and that the best of bis knowledge. i of on, vii-i?ctmn in ?jPa? o?exit acre ?e ? '.t to the . .a• and bclief Fw&cgmom substitute a v?ecifcarion Figct plaintitfas ' it is ?ucn el's intention to soon as it is rcoeivcd by counse[. The m"O Sigaed uhdustanals that this C. S. See. 4904 rctaEi a ent is made subject to the penalties of 18 Pa. to unswOm falsihcatian to authorities. s? cxitcis S. Ualiinans. Esquire Date: ADO"eY for Plaintiff p 0 C4 W ? d r: rri °r r: rQ i w ?' :T7 SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-07474 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMECOMINGS FINANCIAL REAL EST VS ZELLNER CRYSTAL L R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: OCCUPANTS unable to locate Him in his bailiwick COMPLAINT - EJECTMENT but was He therefore returns the the within named DEFENDANT OCCUPANTS NOT SERVED , as to 517 NORTH PITT STREET CARLISLE, PA 17013 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers - 6.00 .00 ~. .00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 16.00 PHELAN HALLINAN SCHMIEG 12/30/2008 Sworn and Subscribed to before me this day of A.D. C ?_] ?? ..4 -??? a }.,. F ?.ti ? r •, TM_e ?? SHERIFF'S RETURN - REGULAR CASE NO: 2008-07474 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMECOMINGS FINANCIAL REAL EST VS ZELLNER CRYSTAL L NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon ZELLNER CRYSTAL L the DEFENDANT , at 2120:00 HOURS, on the 29th day of December , 2008 at 517 NORTH PITT STREET CARLISLE, PA 17013 by handing to CRYSTAL L ZELLNER a true and attested copy of COMPLAINT - EJECTMRNT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.50 Affidavit .00 Surcharge 10.00 nn . J Sworn and Subscibed to before me this day So Answers: ke! .I? R. Thomas Kline 12/30/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff of A. D. 5 ., `?'^. 5 PHELAN HALLINAN & SCHMIEG By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Homecomings Financial Real Estate Holdings, LLC ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs No. 08-7474 Crystal L. Zellner Or Occupants Cumberland County 517 North Pitt Street Carlisle, PA 17013 PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Homecomings Financial Real Estate Holdings, LLC and against the Defendant(s) Crystal L. Zellner and Or Occupants for possession of premises 517 North Pitt Street, 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. Francis S. Hallinan, Esquire Attorney for Plaintiff Default Judgment entered as indicated above. DATE PHELAN HALLINAN & SCHMIEG By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Homecomings Financial Real Estate Holdings, LLC vs Crystal L. Zellner Or Occupants 517 North Pitt Street Carlisle, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION No. 08-7474 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 1940, as amended. (b) That defendant Crystal L. Zellner Or Occupants Or occupants, is over 18 years of age, and resides at 517 North Pitt Street, Carlisle, PA 17013. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unworn falsification to authorities. .,?-orrt?, Sf F ancis S. Hallinan, Esquire Attorney for Plaintiff PHS# 192396 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 Homecomings Financial Real Estate Holdings, LLC vs Crystal L. Zellner Or Occupants COURT OF COMMON PLEAS CIVIL DIVISION No. 08-7474 Cumberland County TO: Crystal L. Zellner or occupants 517 North Pitt Street Carlisle, PA 17013 DATE OF NOTICE: January 21, 2009 "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 Meehan Legal Assistant an .`a i W 5M OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: Crystal L. Zellner Or Occupants 517 North Pitt Street Carlisle, PA 17013 Homecomings Financial Real Estate Holdings, LLC vs Crystal L. Zellner Or Occupants 517 North Pitt Street Carlisle, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION No. 08-7474 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 in ' ated a . otho d4 Judgment 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 Homecomings Financial Real Estate Holdings, LLC COURT OF COMMON PLEAS CIVIL DIVISION vs No. 08-7474 Crystal L. Zellner Or Occupants CumberlandCounty 517 North Pitt Street Carlisle, PA 17013 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 517 North Pitt Street, Carlisle, PA 17013 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 517 North Pitt Street Fr cis S. Hallinan, Esquire ATTORNEY FOR PLAINTIFF -6? O ?*t cil rrt :v 40 JI& 0 10f 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOMECOMINGS FINANCIAL REAL ESTATE HOLDINGS, LLC VS. No. 08-7474 Civil Term CRYSTAL L. ZELLNER or OCCUPANTS Costs Attorney's $ 165.00 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)) HOMECOMINGS FINANCIAL REAL ESTATE HOLDINGS, LLC being: (Premises as follows): 517 NORTH PITT 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 is R. Long, o otary, Common Pleas Court of C erland County, PA Date 2/04/09 (Seal) 2of2 No 08-7474 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOMECOMINGS FINANCIAL REAL ESTATE HOLDINGS, LLC VS. CRYSTAL L. ZELLNER or OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 165.00 Plff (sl $ 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 named appurtenances, and day of , . I caused the within to have possession of the premises described with the Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy ALL THOSE CERTAIN PIECES OR PARCEL OF LAND SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: TRACT NO. 1: BEGINNING AT A POINT ON THE Eastern SIDE OF North PITT Street IN LINE OF LAND NOW OR FORMERLY OF ARTHUR KECK AND HIS WIFE; THENCE BY THE SAME IN AN Easterly DIRECTION, 84 FEET, MORE OR LESS, TO A POINT; THENCE BY THE SAME IN A Southerly DIRECTION 25 FEET 7 INCHES, MORE OR LESS, TO A POINT IN THE SAME; THENCE IN AN Easterly DIRECTION 2 FEET 10 INCHES, MORE OR LESS, TO A POINT; THENCE STILL BY THE SAME IN A Southerly DIRECTION 14 FEET 5 INCHES, MORE OR LESS, TO A POINT IN LINE OF LANDS NOW OR FORMERLY OF JOHN W. TOOMEY; THENCE BY THE SAME IN AN Easterly DIRECTION 24 FEET 2 INCHES, MORE OR LESS, TO A POINT IN LINE OF LANDS NOW OR FORMERLY OF CHARLES A. LOSCH; THENCE BY THE SAME IN A Northerly DIRECTION 66 FEET, MORE OR LESS, TO A POINT IN LINE WITH OTHER LANDS NOW OR FORMERLY OF CHARLES A. LOSCH; THENCE BY THE SAME IN A Westerly DIRECTION 111.2 FEET, MORE OR LESS, TO A POINT ON THE East SIDE OF North PITT Street, THENCE BY THE SAME IN A Southerly DIRECTION 27 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO AND ONE HALF STORY DWELLING HOUSE KNOWN AS 517 North PITT Street, CARLISLE, PA 17013 SUBJECT TO THE RIGHT OF THE OWNER OF THE PREMISES TO THE West OF THE Southern PORTION OF THE Lot ABOVE CONVEYED, HIS HEIRS AND ASSIGNS, TO THE USE OF THE VACANT Lot AS IT NOW EXISTS LOCATED ADJACENT TO THE PROPERTY ON THE West FOR THE PURPOSE OF INGRESS, EGRESS, AND REGRESS TO THE SAID PREMISES ON THE West, TOGETHER WITH THE GRANTEE HEREIN, HER HEIRS AND ASSIGNS. SAID VACANT STRIP BEING 5 FEET, MORE OR LESS, WIDE AT THE Northern SIDE OF THE SAID Lot ON THE West AND EXTENDING IRREGULARLY TO A WIDTH OF 25 FEET, MORE OR LESS, AT THE Southern SIDE. TRACT NO. 2: BEGINNING AT A POINT ON THE Western SIDE OF A PRIVATE ALLEY APPROXIMATELY 10 FEET WIDE, WHICH POINT IS ALSO THE Southeast CORNER OF LANDS NOW OR FORMERLY CLARENCE CRAMER; THENCE BY SAID OTHER LANDS NOW OR FORMERLY OF CLARENCE CRAMER IN A Northeasterly DIRECTION 65.6 FEET TO A POINT, THE Northeast CORNER OF TRACT NO. 1 ABOVE DESCRIBED; THENCE BY LAND NOW OR FORMERLY OF CHARLES F. CRAMER IN AN Easterly DIRECTION 1 FOOT TO A POST; THENCE BY THE SAME IN A Southerly DIRECTION 50.5 FEET TO A TREE; THENCE BY THE SAME IN A Southerly DIRECTION 10.7 FEET TO A POST, THENCE BY THE SAME IN A Southerly DIRECTION 8.7 FEET TO A POST ON THE Eastern SIDE OF THE PRIVATE ALLEY AFORESAID; THENCE ACROSS THE ALLEY IN A Westerly DIRECTION 11.6 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH FULL AND FREE INGRESS, EGRESS, AND REGRESS IN THE GRANTEE, HER HEIRS AND ASSIGNS, TO AND OVER THE AFORESAID PRIVATE ALLEY TO THE South OF THE PARCEL HEREIN CONVEYED, TO BE HELD IN COMMON WITH THE SAID CLARENCE F. CRAMER, HIS HEIRS AND ASSIGNS, FOREVER. TAX PARCEL NO.: 06-20-1798-057 BEING THE SAME PREMISES WHICH RICHARD W. DUTREY AND MARJORIE B. DUTREY, HUSBAND AND WIFE, GRANTED AND CONVEYED UNTO CRYSTAL L. ZELLNER BY DEED DATED December 23, 1996 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK VOLUME 151, PAGE 583. 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 of Possession, eturne aye So Answe Sworn and subscribed to before me this ?iraw&?? Day of , Sheriff By ucjjj?? A"1c' Advance Costs: 150.00 Sheriff's Costs: x,5.39 94.61 Refunded to Atty on 3/9/09 cl, J -?1 -'Cll Sherkff's Return: Docketing 18.00 Surcharge -30.00 Poundage .89 Prothy 2.00 Milage 4.50 f0? 55.39 000'+ 401,0° q .t AgLA ti - r 2of2 No 08-7474 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOMECOMINGS FINANCIAL REAL ESTATE HOLDINGS, LLC VS. CRYSTAL L. ZELLNER or OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 165.00 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 So Answers, Sworn and subscribed to before me this Day of , Sheriff By Prothonotary Deputy A-, VrI W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOMECOMINGS FINANCIAL REAL ESTATE HOLDINGS, LLC VS. CRYSTAL L. ZELLNER or OCCUPANTS Attorney's Plaintiff's Prothonotary Costs No. 08-7474 Civil Term $ 165.00 $ 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)) HOMECOMINGS FINANCIAL REAL ESTATE HOLDINGS, LLC being: (Premises as follows): 517 NORTH PITT STREET, CARLISLE, PA 17013 m (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. V Z.? CO y (TI L J -TI Co --I C s R. Lon on ry, Common eas Court o Cumberland County, PA Date 2/04/09 (Seal) OWE COP'Y FROM RECORD 1n TW*=w whoW,1 bw am set my hers' It 4,L so low. of ft SK-Oi N 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 Homecomings Financial Real Estate Holdings, LLC VS. Crystal L. Zellner or occupants Plaintiff Defendant(s) Attorney for Plaintiff Court of Common Pleas Cumberland County No. 08-7474 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. 4Lq p(-J Date -*44 Francis S. Hallinan Attorney for Plaintiff PHS# 192396 C') c?M ,Vr 'f"p :. 'may ,?, i `,?? _'r ?.,.. ;rzi '. ?? j i f`z3 _: j ?? -^ ? ?i