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HomeMy WebLinkAbout09-6688 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 Michelle 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 ,,,-Vivck 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 Andrew C. Bramblett, Esq., I.D. 208375 One Penn Center A Suburban Station Attorney for Plaintiff Suite 1400 Philadelphia, PA 19103 (215) 563-7000-7000 Fannie Mae P.O. Box 650043 Dallas, TX 75265 Civil Division Court of Common Pleas V. Cumberland County ?p Stephen D. Baughman No. ?'[ -' ?(oa0 C O C L Or Occupants 15 North Walnut Street Mechanicsburg, PA 17055-3375 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 #: 216660 c 1. Plaintiff is Fannie Mae. 2. Defendant is Stephen D. Baughman Or Occupants. 3. Plaintiff is the record owner of premises located at 15 North Walnut Street, Mechanicsburg, PA 17055- 3375, 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 2, 2009, as evidenced by the Sheriff's deed recorded September 29, 2009 in the Office of the Recorder of Cumberland County in instrument # 200933420. 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 pre is By: 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 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff A % ALL THAT CERTAIN house and lot of ground situate on the North side of Strawberry Alley, in the Third Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BOUNDED on the East by Lot now of the Pennsylvania Power & Light Company, formerly of Della I. Brewbaker Harbold; on the South by Strawberry Alley; on the West by land formerly of David Rinard, now of Paul A. Bahn; and on the North by the Penn Central Railroad Company; Having a depth on the West along Paul A. Bahn of seventy-five (75) feet, more or less; a distance along the Penn Central Railroad Company of eighty-three (83) feet, more or less; a depth on the East along said Lot of the Pennsylvania Power & Light Company of sixty-six and seven tenths (66.7) feet, more or less; and a distance along said Strawberry Alley of eighty-five (85) feet, more or less, HAVING theron erected a two and one-half (2 1/2) story frame dwelling house and othe outbuildings, presently known as 15 North Walnut Street. BEING THE SAME PREMISES which Ida Helen Shaner, Executrix under the Last Will and Testament of Della I. Harbold, deceased, joined by Benjamin F. Harbold, surviving spouse of Della I. Harbold, granted and conveyed unto Martin L. Swanger and Fay L. Swanger, his wife, by deed dated April 6, 1977, in the Recorder of Deeds in and for Cumberland County, PA in Record Book C-27, Page 239, and recorded on April 7, 1977. The aforementioned Martin L. Swanger having died of June 30, 1998 thereby vesting full title unto Fay L. Swanger, his wife. Premises: 15 North Walnut Street VERIFICATION I hereby state that I am 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. in 14st" r"6 ?4 Date ( - I Attorne aintiff 0.51 RLED--ii r CG OF THE PIROTH"" NOTARY 2099 OCT -7 Pty 2: 4 0 X78. sa ??1??y CK? B?O?l3D Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant 4 tr 0 1 1It tiPrt pfd F1LED-'-JJ:F10E OF THE PF")-' "INOTARY 2009 OCT 15 AM 9: O9 CUf ? .E Jl1 L COUNTY PD1'f-4SYLVk41A. Edward L Schorpp Solicitor Fannie Mae I Case Number vs. 2009-6688 Stephen D. Baughman SHERIFF'S RETURN OF SERVICE 10/09/2009 03:50 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2009 at 1550 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Stephen B. Baughman, by making known unto himself personally, at 15 North Walnut Street Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 13, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF I3y ?L Deputy Sherif 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 Andrew C. Bramblett, Esq., Id. No. 208375 One Penn Center @ Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Fannie Mae vs Stephen D. Baughman Or Occupants 15 North Walnut Street Mechanicsburg, PA 17055-3375 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 09-6688 Civil Term Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Fannie Mae and against the Defendant(s) Stephen D. Baughman and Or Occupants for possession of premises 15 North Walnut Street, Mechanicsburg, PA 17055-3375 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. Phe , Hallinan & Schmie , LLP La Vence 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. 817,60 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 Default Judgment entered as indicated above Chrisovalante P. Fliakos, Esq., Id. No. 94620 DATE Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq. Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 1 Phelan Hallman and Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Fannie Stephen D. or occuoan Plaintiff V Defendant TO: Stephen D. Baughman or occupants 15 North Walnut Street Mechanicsburg, PA 17055-3375 DATE OF NOTICE: October 30, 2009 Court of Common Pleas Civil Division No. 09-6688 Cumberland County IS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION 3INED WELL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN KRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN INST 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 6ct 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 c?rmot afford one, go to or telephone the following office to find out where you can get legal help: 'FFICE OF THE PROTHONOTARY [BERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6195 i 11111 S 2'.16660 RLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249 By: ' Lax# ence 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. omano, Esq. Id. No. 58745 Shee . Shah-Jani, Esq., Id. No. 81760 Je a R. Davey, Esq., Id. No. 87077 auren 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 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 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 Andrew C. Bramblett, Esq., Id. No. 208375 One Penn Center @ Suburban Station Attorney for Plaintiff Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Fannie Mae COURT OF COMMON PLEAS vs CIVIL DIVISION Stephen D. Baughman Or Occupants No. 09-6688 Civil Term 15 North Walnut Street Cumberland County Mechanicsburg, PA 17055-3375 VERIFICATION OF NON-MILITARY SERVICE 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 Stephen D. Baughman Or Occupants Or occupants, is over 18 years of age, and resides at 15 North Walnut Street, Mechanicsburg, PA 17055-3375. This statement is made subject to the penalties of 18 C.S.S 4904 relating to unswom falsification to authorities. Phel , Hallinan & Schmie , LLP La nce 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. 81 0 Jenine R. Davey, Esq., Id. No. 8707 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# 216660 Andrew C. Bramblett. Esq., Id. No. 208375 Attorney for Plaintiff -N r - L iAp J? v1t' i2 i`i 2: 06 c%? a3? 39 s' 2? i--7` S? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: Stephen D. Baughman Or Occupants 15 North Walnut Street Mechanicsburg, PA 17055-3375 Fannie Mae vs Stephen D. Baughman Or Occupants 15 North Walnut Street Mechanicsburg, PA 17055-3375 COURT OF COMMON PLEAS CIVIL DIVISION No. 09-6688 Civil Term CumberlandCounty Attorney ID 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 indicated below. Judgment by Default Money Judgment - Judgment in Replevin XX Judgment for Possession - Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Phelan Hallinan and Schmieg, LLP, at this telephone number: (215) 563-7000 w,^. ; . t. SHERIFF'S OFFICE OF CUMBERLAND COUNTY '~` it .., ~_.~^ _ "~;'c Ronny RAnderson ~, 7+F'~ .~ =•! ~R~i ~%~-rt Y Sheriff '~-. ~ .; ink `:,,,tz . Jody S Smith '- ~~ ~ ~ ~~.~ ~ j ~ ~~~ ~ ~ : ~; Chief Deputy Edward L Schorpp C~;~.,r~ ~ ~ _.~,~~;~11i Solicitor .~~ ~,, r~ J'~ Fannie Mae vs. Stephen D. Baughman Case Number 2009-6688 SHERIFF'S RETURN OF SERVICE 12/04/2009 08:15 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 4, 2009 at 2015 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Stephen d. Baughman, by making known unto Stephen d. Baughman, defendant, at 15 North Walnut Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, its contents and at the same time handing to him personally the said true and correct copy of the same. 12/04/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Occupant(s), but was unable to locate any in his bailiwick at 15 North Walnut Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. Per current resident Stephen D. Baughman, there are no other occupant(s) at this residence. 01/06/2010 By virtue of this writ, on the 6th day of January, 2010, Sheriff Ronny R. Anderson caused the within names Fannie Mae, to have possession of the premises described as 15 North Walnut Street, Mechanicsburg, PA 17055-3375. SHERIFF COST: $90.21 January 11, 2010 SO ANS RS, Y R ANDERSON, SHERIFF .. /~ ~ ~ ~~~ By t ,.;.., ~ ;~ f y, Sharon R. L n z ~, v ~ ~~~ ~ ,.. ~~•~~~~5 2 of 2 No 09-6688 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE V S. STEPHEN D. BAUGHMAN OR OCCUPANTS 15 NORTH WALNUT STREET MECHAMCSBURG, PA ] 7055-3375 WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 153.50 Plff (s~ $ Frothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: JENINE R. DAVEY, ESQUIRE, PHELAN HALLINA & SCHMIEG, LLP SUITE 1400, ] 617 JFK BOULEVARD, PHILADELPHIA, PA I9103 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 ~„ ..-. lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FANN [E MAE VS. STEPHEN D. BAUGHMAN OR OCCUPANTS 15 NORTH WALNUT STREET MECHANICSBURG, PA 17055-3375 Attorney's Plaintiff's Prothonotary Costs No. 09-6688 Civil Term $ 153.50 $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COONTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the jtiidgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) FANNIE MAE being: (Premises as follows): 15 NORTH WALNUT STREET, MECHANICSBURG, PA ] 7055-3375 -SEE LEGAL DESCRIPTION (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. rtis R. Lon not Common Pleas Court of Cumberland County, PA Date NOVEMBER 12, 2009 (Seal)