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Home My WebLink About09-2439 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 Wells Fargo Financial Pennsylvania. Inc. MAC F4031-086, 800 Walnut Des Moines, IA 50309 V. Nancy L. Best Or Occupants 233 Bridge Stree, Apt B New Cumberland, PA 17070-2127 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. 09 -01439 0,1VilTerlu 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 #: 203608 l 1. Plaintiff is Wells Fargo Financial Pennsylvania. Inc.. 2. Defendant is Nancy L. Best Or Occupants. 3. Plaintiff is the record owner of premises located at 233 Bridge Stree, Apt B, New Cumberland, PA 17070-2127, 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 April 1, 2009, as evidenced by the Sheriff's deed recorded April 16, 2009 in the Office of the Recorder of Cumberland County in Instrument 200911941. 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 THAT CERTAIN lot of ground situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southeasterly corner of the intersection of Bridge Street and Third Street, thence along Third Street, North 48 degrees 30 minutes East 94 feet to a point at land now or formerly of J. William Wright; thence along said land, South 41 degrees 30 minutes East 50 feet to a point at other land of Carol Bigler Brandt; thence along said Brandt land, South 48 degrees 30 minutes West 94 feet to a point on Bridge Street; thence along said Bridge Street, North 41 degrees 30 minutes West 50 feet to a point, the place of BEGINNING. BEING the western portion of Lot No. 141 on the General Plan of New Cumberland. HAVING thereon erected a 2 1/2 story brick dwelling, known and numbered as 233 Bridge Street, New Cumberland. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of- way of prior record. BEING the same premises which Carol Bigler Brandt, Dorothy L. Witherow, and Nancy L. Best, by their deed dated 5 March 1991 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book A, Volume 35 at Page 123, granted and conveyed unto Dorothy L. Witherow, Nancy L. Best, and Charles N. Best, the Grantors herein. 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 Fr ncis S. Hallinan, Esquire Attorney for Plaintiff lam/ J, NT sit .50 pt? x"l*" ??,3qo t Sheriffs Office of Cumberland County R Thomas Kline 1, ni a ?rrbrr? ?? Edward L Schorpp Sheriff 4,0111 Solicitor Ronny R Anderson Jody S Smith Chief Deputy OMCE Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/29/2009 02:44 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 29, 2009 at 1444 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Nancy L. Best, by making known unto Nancy L. Best personally, at 770 Popular Church Road, Room 913-1, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.20 SO ANSWERS, ? r i April 30, 2009 2009-2439 Wells Fargo v Nancy Best R THOMAS KLINE, SHERIFF De uty Seri n 0 -n _ ._7r. CC) C:) `= co -? IL • a Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id: No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq. Id. No. 206779 One Penn Center @ Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Financial Pennsylvania, Inc. vs Nancy L. Best Or Occupants 233 Bridge Street, Apt B New Cumberland, PA 17070-2127 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 09-2439 Civil Term Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Wells Fargo Financial Pennsylvania, Inc. and against the Defendant(s) Nancy L. Best and Or Occupants for possession of premises 233 Bridge Street, Apt B, New Cumberland, PA 17070-2127 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. ,k / Z& ,, Default Judgment entered as indicated above DATE Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ./Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., ld. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq. Id. No. 206779 Attorney for Plaintiff A Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq. Id. No. 206779 One Penn Center @ Suburban Station Suite 1400 Philadelphia, PA 19103 (2151563-7000 Wells Fargo Financial Pennsylvania, Inc. vs Nancy L. Best Or Occupants 233 Bridge Street, Apt B New Cumberland, PA 17070-2127 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 09-2439 Civil Term Cumberland County VERIFICATION OF NON-MILITARY SERVICE Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ?lsrancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq. Id. No. 206779 PHS# 203608 Attorney for Plaintiff I hereby verify that I am Attorney for Plaintiff in the above captioned matter, and that on information and belief, I have 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 Nancy L. Best Or Occupants Or occupants, is over 18 years of age, and resides at 233 Bridge Street, Apt B, New Cumberland, PA 17070-2127. 'Misstatement is made subject to the penalties of 18 PA. lS.S 904 relating to unworn falsification to authorities. e_? a? Wells Fargo Financial Pennsylvania, Inc. Plaintiff V Nancy L. Best or occupants Defendant TO: Nancy L. Best or occupants 233 Bridge Street, Apt B New Cumberland, PA 17070-2127 DATE OF NOTICE: May 21, 2009 : Court of Common Pleas : Civil Division : No. 09-2439 Civil Term . , : Cumberland County "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA 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: OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ?3 3 By: Lawrence . Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Phelan, Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plan Philadelphia, PA 19103 OS Fi_Yi . T' r }41,; ? n j?• f?{{ ? I c f ! e, # 14.00 Pu A-rN * gaa4p 5 o2a 6124 OR PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Wells Fargo Financial Pennsylvania, Inc. COURT OF COMMON PLEAS CIVIL'DIVISION vs Nancy L. Best Or Occupants 233 Bridge Street, Apt B New Cumberland, PA 17070-2127 No. 09-2439 Civil Term CumberlandCounty PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of 233 Bridge Street, Apt B, New Cumberland, PA 17070-2127 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 233 Bridge Street, Apt B Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ./Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq. Id. No. 206779 Attorney for Plaintiff } y ? ti? } `4• PQ A'T-H 53 : so A. oo * tLaa.tto. Po W St 3t(ps e a°j° 1 a2 Wti+4 Pssessio-f_ 44")a 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, INC VS. NANCY L. BEST or OCCUPANTS Attorney's Plaintiff s Prothonotary Costs No. 09-2439 Civil Term- $169.70 $ 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)) WELLS FARGO FINANCIAL PENNSYLVANIA, INC. being: (Premises as follows): 233 BRIDGE STREET, APT B, NEW CUMBERLAND, PA 17070-2127 (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. /"/,/, 0 A 56 ? " s R. Lon no , Common Pleas Court of C berland County, PA Date 6/03/09 (Seal) 2 of 2 No 09-2439 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, INC VS. NANCY L. BEST or OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Atf'y $ 169.70 Plff (sl $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN HALLINAN & SCHMIEG ONE PENN CENTER @ SUBURBAN STATION 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 .) 4k ALL THAT CERTAIN lot of ground situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southeasterly corner of the intersection of Bridge Street and Third Street, thence along Third Street, North 48 degrees 30 minutes East 94 feet to a point at land now or formerly of J. William Wright; thence along said land, South 41 degrees 30 minutes East 50 feet to a point at other land of Carol Bigler Brandt; thence along said Brandt land, South 48 degrees 30 minutes West 94 feet to a point on Bridge Street; thence along said Bridge Street, North 41 degrees 30 minutes West 50 feet to a point, the place of BEGINNING. BEING the western portion of Lot No. 141 on the General Plan of New Cumberland. HAVING thereon erected a 2 1/2 story brick dwelling, known and numbered as 233 Bridge Street, New Cumberland. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of- way of prior record. BEING the same premises which Carol Bigler Brandt, Dorothy L. Witherow, and Nancy L. Best, by their deed dated 5 March 1991 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book A, Volume 35 at Page 123, granted and conveyed unto Dorothy L. Witherow, Nancy L. Best, and Charles N. Best, the Grantors herein. R By virtue of this writ, on the the within named of the premises described day of , I caused to have possession Writ of possession returned stayed per attorney on 06-18-09. Sworn and subscribed to before me this Day of So Answers, Sheri ff By Sheriff's Return Advance Costs $ 150.00 .a Sheriff's Costs 56.41 $ 93.59 Y Docketing $ 18.00 Poundage 1.11 Prothonotary 2.00 Mileage 15.30 Surcharge 20.00 41 56 / . $ r? FT-e - - V f ii'' cv _ U Ck '700 kzt? 1 ..' 6 'F'? ? f r 1- ALL THAT CERTAIN lot of ground situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southeasterly corner of the intersection of Bridge Street and Third Street, thence along Third Street, North 48 degrees 30 minutes East 94 feet to a point at land now or formerly of J. William Wright; thence along said land, South 41 degrees 30 minutes East 50 feet to a point at other land of Carol Bigler Brandt; thence along said Brandt land, South 48 degrees 30 minutes West 94 feet to a point on Bridge Street; thence along said Bridge Street, North 41 degrees 30 minutes West 50 feet to a point, the place of BEGINNING. BEING the western portion of Lot No. 141 on the General Plan of New Cumberland. HAVING thereon erected a 2 1/2 story brick dwelling, known and numbered as 233 Bridge Street, New Cumberland. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of- way of prior record. BEING the same premises which Carol Bigler Brandt, Dorothy L. Witherow, and Nancy L. Best, by their deed dated 5 March 1991 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book A, Volume 35 at Page 123, granted and conveyed unto Dorothy L. Witherow, Nancy L. Best, and Charles N. Best, the Grantors herein. W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, INC VS. NANCY L. BEST or OCCUPANTS Attorney's Plaintiff's Prothonotary Costs No. 09-2439 Civil Term $ 169.70 $ 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)) WELLS FARGO FINANCIAL PENNSYLVANIA, INC. being: (Premises as follows): 233 BRIDGE STREET, APT B, NEW CUMBERLAND, PA 17070-2127 (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%rtis R. Lon , nota Common Pleas Court of C berland County, PA Date 6/03/09 (Seal) 2of2 No 09-2439 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO FINANCIAL PENNSYLVANIA, INC VS. NANCY L. BEST or OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 169.70 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN HALLINAN & SCHMIEG ONE PENN CENTER @ SUBURBAN STATION 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