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HomeMy WebLinkAbout09-1431y 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 Deutsche Bank Trust Company Americas As Trustee 100 Virginia Drive, P.O. Box 8300 Court of Common Pleas Fort Washington, PA 19034 Civil Division V. Cumberland County Damon R. Garon Term I W), I or occupants ??3 / 105 East Main Street No. Q Shiremanstown, PA 17011 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 alien 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 #: 198429 4i 1 1. Plaintiff is Deutsche Bank Trust Company Americas As Trustee. 2. Defendant is Damon R. Garon or occupants. 3. Plaintiff is the record owner of premises located at 105 East Main Street Shiremanstown, PA 17011, 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 February 4, 2009, as evidenced by the Sheriff's deed recorded February 27, 2009 in the Office of the Recorder of Cumberland County in instrument# 200905631. 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 i ALL THAT CERTAIN piece or parcel of real estate together with the improvements thereon, situated on the north side of East Main Street in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the north side of Main Street, at line of land now or formerly of Mildred A. Sheaffer; thence along said Street westwardly, a distance of fifteen (15) feet five and one-half(5 1/2) inches to lot formerly of Russell A. Sheaffer; thence along said lot and brick house thereon erected northwardly, a distance of eighteen (18) feet and two (2) inches to the rear end of said brick house; thence westwardly, a distance of four and one-half (4 1/2) feet to a point; thence along said lot northwardly to Stroh's Alley, now Strawberry Alley; thence along said Alley eastwardly, a distance of nineteen and one-half (19 1/2) feet to the said land now or formerly of Mildred A. Sheaffer; thence along said lot southwardly to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known as No. 105 East Main Street. TOGETHER WITH AND SUBJECT TO the right and privilege of the Grantee herein and the owners and occupiers of the adjoining property on the east side of the within conveyed premises to use the passage way on the east side of the property herein conveyed in common with each other for ingress, egress and regress to and from the properties known and numbered as 105 and 107 East Main Street, Shiremanstown, PA. BEING the same premises which Mary Ann Quigley, Executrix of the Will and estate of Mildred A. Sheaffer, Deceased, by her deed dated January 10, 1994 as recorded in the Recorder's Office aforesaid in Deed Book 'T', Volume 36, Page 123, granted and conveyed unto Samuel H. Black and S. Andrew Black, Co-partners. Premises: 105 East Main Street 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. Date - Francis S. Hallinan, Esquire Attorney for Plaintiff -?W 07, n1- : 0 \ pr, ? 0 'fS J ? r?J ? r? Sheriffs Office of Cumberland County R Thomas Kline ?g'm of Ceynh'...4 Edward L Schorpp Sheriff Solicitor A ? Ronny R Anderson Jody S Smith y Chief Deputy OFFICE OF THE "RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/12/2009 09:35 AM - Ronald Hoover, Deputy Sheriff, who being duly swom according to law, states that on March 12, 2009 at 1521 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Damon R. Garon, by making known unto Faye Kozenskie, AIC-Current Resident of defendant at 105 E. Main Street, Shiremanstown, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $39.70 (PAID) SO ANSWERS, March 16, 2009 2009-1431 Deutsche Bank Trust Company VS Damon R. Garon R THOMAS KLINE, SHERIFF By eputy Sheriff c. n`,? 4? -°C3 :?° `? 'y G'' •?, fy ? ?-? ..t. '?' r PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center @ Suburban Station Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank Trust Company Americas As Trustee Plaintiff vs. Damon R. Garon Or occupants Defendants Attorney for Plaintiff Court of Common Pleas Civil Division NO. 09-1431 Civil Cumberland County Praecipe to Index Faye Kozenskie As Defendant TO THE PROTHONOTARY: Pursuant to P.A RCP. 410 (b)(2), kindly index Faye Kozenskie as Defendant in the above captioned matter. Faye Kozenskie was found in possession of the premises located at 105 East Main Street, Shiremanstown, PA 17011 and was served with a copy of the Complaint on February 12, 2009. Francis S. Hallinan, Esquire Attorney for Plaintiff Date: April 2, 2009 OF THE P?07-10NOTARY 2009 APR -S PH 2: 56 v ? TY PENNSYLVANIA s.- 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 Deutsche Bank Trust Company Americas, as Trustee vs Damon R. Garon, Faye Kozenskie or occupants 105 East Main Street Shiremanstown, PA 17011 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 2009-CV-1431 CumberlandCounty PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Deutsche Bank Trust Company Americas, as Trustee and against the Defendant(s) Faye Kozenskie and or occupants for possession of premises, 105 East Main Street, Shiremanstown, PA 17011 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 ancis S. Hallinan, uire Attorney for Plain Default Judgment entered as indicated above. DATE Am M%. Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 1617 John F. Kennedy Boulevard, Suite 140 Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank Trust Company Americas, as Trustee VS Damon R. Garon, Faye Kozenskie or occupants 105 East Main Street Shiremanstown, PA 17011 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 2009-CV-1431 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 Faye Kozenskie Or occupants, is over 18 years of age, and resides at 105 East Main Street, Shiremanstown, PA 17011. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. Io c is S. Hallinan, s ire rney for Plaint( -L- lft. PHELAN HALLINAN & SCHMIEG Francis S. Hallinan, Esquire ID# 62695 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 Deutsche Bank Trust Company Americas As Trustee CIVIL DIVISION CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 15atricia Meehan Legal Assistant Damon R. Garon or occupants vs TO: Faye Kozenskie or occupants 105 East Main Street Shiremanstown, PA 17011 DATE OF NOTICE: April 2, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS No. 09-1431 Civil 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.** 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: P,, -A FILED-t: rF ICE OF 11HF I7, A I ! r?I TARY 2669 APR 17 P1i 1: 4 4 Lam'", , ; , ; ;, Q\ *i 4. oo Pp qt`r' Y c* 7973,&S Q,7' U3900 PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland Deutsche Bank Trust Company Americas, as Trustee COURT OF COMMON PLEAS CIVIL DIVISION vs No. 2009-CV-1431 Cumberland County Damon R. Garon, Faye Kozenskie or occupants 105 East Main Street Shiremanstown, PA 17011 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of, 105 East Main Street, Shiremanstown, PA 17011 "PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 105 East Main Street Fr ncis S. Hallinan, s ire ttorney for Plain FLE D-F01 FICE P rO "740TARY 2003 17 P 1: 4 4 CSI JM4k a'4 • oo P 0 Arty 3A . 10 CBF 78.50 « 14•oo " 1510 . ao - PD Airy 4a.oo We a ae 7q't3to3 ilo'.1. 900 OP ?ssessiax 4ut?j ;? ?r 1of 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee VS. No. 09-1431 Civil Term_ FAYE KOZENSKIE or occupants 105 East Main Street Shiremanstown, PA 17011 Costs Attorney's $ 156.20 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)) DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee being: (Premises as follows): 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 (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. 6144t,k iCuAis R. tho tary, Common Pleas Court o Cumberland County, PA Date 4/17/09 (Seal) Y` ?1 2of2 No 09-1431 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee VS. FAYE KOZENSKIE or occupants WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 156.20 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP 1617 JOHN F. KENNEDY BOULEVARD, 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 1 ' 41%, ALL THAT CERTAIN piece or parcel of real estate together with the improvements thereon; situated on the north side of East Main Street in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the north side of Main Street, at line of land now or formerly of Mildred A. Sheaffer; thence along said Street westwardly, a distance of fifteen (15) feet five and one-half(5 1/2) inches to lot formerly of Russell A. Sheaffer; thence along said lot and brick house thereon erected northwardly, a distance of eighteen (18) feet and two (2) inches to the rear end of said brick house; thence westwardly, a distance of four and one-half (4 1/2) feet to a point; thence along said lot northwardly to Stroh's Alley, now Strawberry Alley; thence along said Alley eastwardly, a distance of nineteen and one-half (19 1/2) feet to the said land now or formerly of Mildred A. Sheaffer; thence along said lot southwardly to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known as No. 105 East Main Street. TOGETHER WITH AND SUBJECT TO the right and privilege of the Grantee herein and the owners and occupiers of the adjoining property on the east side of the within conveyed premises to use the passage way on the east side of the property herein conveyed in common with each other for ingress, egress and regress to and from the properties known and numbered as 105 and 107 East Main Street, Shiremanstown, PA. BEING the same premises which Mary Ann Quigley, Executrix of the Will and estate of Mildred A. Sheaffer, Deceased, by her deed dated January 10, 1994 as recorded in the Recorder's Office aforesaid in Deed Book 'T', Volume 36, Page 123, granted and conveyed unto Samuel H. Black and S. Andrew Black, Co-partners. Premises: 105 East Main Street \ R Thomas Kline Sheriff Sheriffs Office of Cumberland County alttr of C11111brr?i Edward L Schorpp D Solicitor Ronny R Anderson Jody S Smith Chief Deputy oFMC of T ,1E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/30/2009 03:30 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 1530 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Faye Kozenskie, by making known unto Faye Kozenskie, at 105 East Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. Defendant Kozenskie was advised by Deputy Bender that she had 10 days to vacate the premises. 06/10/2009 By virtue of this writ, on the 10th day of June, 2009, Sheriff R. Thomas Kline caused the within named Deutsche Bank Trust Company Americas, as Trustee, to have possession of the premises described as 105 East Main Street, Shiremanstown, PA 17011. SHERIFF COST: $95.27 June 11, 2009 ,/ G f /s?dQ ?-- 0 9- /'f 3 / SO ANSWERS, a o C .a s. mac..: C m r1 %` '-;; .2,2Lcpy R THOMAS KLINE, SHERIFF By virtue of this writ, on the 10th day of June 2009 , I caused the within named Deutsche Bank Trust Company Americas, as Trustee , to have possession of the premises described 105 East Main Street Shiremanstown, PA 17011 So Answers, Sworn and subscribed to before me this Day of Sheriff's Return Docketing $ 18.00 Poundage 1.87 Prothonotary 2.00 Mileage 23.40 Possession 30.00 Surcharge 20.00 $ 95.27 Z. Cj ZZ?t&jOU Vs. ?VU ?t J ?Jf.?J'•... •J? ? Advance Costs $ 150.00 Sheriff's Costs 95.27 $ 54.73 10 ALL THAT CERTAIN piece or parcel of real estate together with the improvements thereon, situated on the north side of East Main Street in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the north side of Main Street, at line of land now or formerly of Mildred A. Sheaffer; thence along said Street westwardly, a distance of fifteen (15) feet five and one-half(5 1/2) inches to lot formerly of Russell A. Sheaffer; thence along said lot and brick house thereon erected northwardly, a distance of eighteen (18) feet and two (2) inches to the rear end of said brick house; thence westwardly, a distance of four and one-half (4 1/2) feet to a point; thence along said lot northwardly to Stroh's Alley, now Strawberry Alley; thence along said Alley eastwardly, a distance of nineteen and one-half (19 1/2) feet to the said land now or formerly of Mildred A. Sheaffer; thence along said lot southwardly to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known as No. 105 East Main Street. TOGETHER WITH AND SUBJECT. TO the right and privilege of the Grantee herein and the owners and occupiers of the adjoining property on the east side of the within conveyed premises to use the passage way on the east side of the property herein conveyed in common with each other for ingress, egress and regress to and from the properties known and numbered as 105 and 107 East Main Street, Shiremanstown, PA. BEING the same premises which Mary Ann Quigley, Executrix of the Will and estate of Mildred A. Sheaffer, Deceased, by her deed dated January 10, 1994 as recorded in the Recorder's office aforesaid in Deed Book 'T', Volume 36, Page 123, granted and conveyed unto Samuel H. Black and S. Andrew Black, Co-partners. Premises: 105 East Main Street