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Home My WebLink About09-0331 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 US Bank National Association As Trustee For GSMPS 2006-RP 1 Court of Common Pleas 3476 Stateview Blvd. Fort Mill, SC 29715 Civil Division Cumberland County v. Term PI'VI Terry L. Wiles QJ_ &3t Or Occupants No. 1075 Myerstown Road Gardners, PA 17324 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 #: 197301 A 1. Plaintiff is US Bank National Association As Trustee For GSMPS 2006-RP 1. 2. Defendant is Terry L. Wiles Or Occupants. 3. Plaintiff is the record owner of premises located at 1075 Myerstown Road, Gardners, PA 17324, 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 December 10, 2008, as evidenced by the Sheriff s deed recorded December 29, 2008 in the Office of the Recorder of Cumberland County in Instrument 200840579. 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. Francis S. Hallinan, Esquire Attorney for Plaintiff ALL those certain tracts of land with the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1 - BEGINNING at an iron pin in the center line of Township Road No. T-524 on line of land now or formerly of William Skilton; thence along the latter, South 59 degrees 42 minutes 10 seconds East, a distance of 425.75 feet to a concrete monument on the line of land now or formerly of Donald A. Group; thence along the latter South 26 degrees 00 minutes 20 seconds West, a distance of 150.00 feet to a concrete monument on the line of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence along the latter, North 55 degrees 59 minutes 04 seconds West a distance of 357.00 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 minutes 40 seconds West, a distance of 150.00 feet to an iron pin, the place of beginning. Containing 1.23 acres and being described according to a plan of property of Peter and Mary deGrys by Stewart Whittier, P.E., dated June 30, 1978, and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 33, page 111, and being designated as Lot No. 1 thereon. TRACT NO. 2: BEGINNING at an iron pin in the center line of Township Road T-524 on the line of Lot No. 1 on the hereinafter mentioned Plan of Lots; thence along the latter, South 55 degrees 59 minutes 04 seconds East, a distance of 357 feet to a concrete monument on the line of land now or formerly of Donald A. Group; thence along Lot No. 2 on said Plan, North 63 degrees 46 minutes 00 seconds West, a distance of 327.47 feet to an iron pin in the center line of said Township Road; thence along the latter, North 02 degrees 15 minutes 40 seconds West, a distance of 55.00 feet (erroneously referred to in prior deeds as 345.65 feet) to an iron pin, the place of beginning. Containing 0.18 acres and being described according to Plan by Stewart Whittier, P.E., dated May 15, 1979, and recorded in the office of the Recorder of Deeds, aforesaid, in Plan Book 35, page 109, and being designated as Lot No. 3 thereon. Being known as 1075 Myerstown Road, Gardners, PA 17324. BEING the same premises, which Glenn T. Wolford and Carolyn L. Wolford, his wife, granted and conveyed unto Ross H. Failor, Jr. and Tammy S. Failor, his wife, by deed dated September 1, 1992, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 35 W 46. 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. /,Xu&g Date ? F ncis S. Hallinan, Esquire Attorney for Plaintiff ? f t" '? -n ? ?, -?. ? ? rte -?. i• ? ?` _ -n v ? r. . _'? . l Q ?' ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00331 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS WILES TERRY L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WILES TERRY L but was unable to locate Him in his bailiwick. He therefore returns the NOT FOUND , as to the within named DEFENDANT , WILES TERRY L 1075 MYERSTOWN ROAD GARDNERS, PA 17324 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. IT APPEARS TO BE VACANT. Sheriff's Costs: So answers: Docketing 18.00 Service 7.20 - -.?- Not Found 5.00 R. Thom s Kline Surcharge 10.00 Sheriff of Cumberland County .00 40.20 PHELAN HALLINAN SCHMIEG 01/26/2009 Sworn and Subscribed to before me this day of , A.D. -OWN 000 mew 0" .00 Q F£,t { 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 US Bank National Association As Trustee For GSMPS 2006-RP1 Attorney for Plaintiff Plaintiff Court of Common Pleas Cumberland County VS. No. Civil 09-331 Terry L. Wiles or occupants Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PRE UDICE AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. - 3 MM Date Francis S. HAttorney for Plaintiff PHS# 197301 Q'1 a l r