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Home My WebLink About09-7138r? e t FOX AND FOX By: Craig H. Fox, Esq. Atty. I.D. No. 49509 706 One Montgomery Plaza Airy and Swede Streets Norristown, PA 19401 Telephone: (610) 275-7990 Facsimile: (610) 275-2866 AMERICAN GENERAL FINANCIAL SERVICES, INC. 600 N. Royal Avenue Evansville, IN 47715 VS. THOMAS CONN and LESTER MILLER 4506 Carlisle Road Gardners, PA 17324 And OCCUPANTS 4506 Carlisle Road Gardners, PA 17324 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 713. NOTICE TO DEFEND C?i'vr-l T?-l?rh 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 twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an 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 for any 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 HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm may be deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. FOX AND FOX /s/ Craig H. Fox, Esquire 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 G:\AMER-GEN\LARGE\9400-30 Ejectment Complaint 091012.DOC FOX AND FOX By: Craig H. Fox, Esq. Atty. I.D. No. 49509 706 One Montgomery Plaza Airy and Swede Streets Norristown, PA 19401 Telephone: (610) 275-7990 Facsimile: (610) 275-2866 cfox@foxandfoxlaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC. 600 N. Royal Avenue Evansville, IN 47715 VS. THOMAS CONN and LESTER MILLER 4506 Carlisle Road Gardners, PA 17324 And OCCUPANTS 4506 Carlisle Road Gardners, PA 17324 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. DR- '7I3Y CIVIL ACTION COMPLAINT - COMPLAINT IN EJECTMENT Plaintiff, American General Financial Services, Inc. ("AGF") comes by its attorneys and complains against the Defendants upon the following cause of action: COUNT I 1. The Plaintiff, AGF, is an institution doing business in the Commonwealth of Pennsylvania with a place of business located at 600 N. Royal Avenue, Evansville, IN 47715. 2. The Defendants are named in the caption, and they reside at the addresses stated therein. 3. The property in question, known as 4506 Carlisle Road, Cumberland County, Gardners, PA 17324, being Tax Parcel #08-38- 2175-023 and described in the Deed recorded at Instrument #200934669, is more fully described in Exhibit "A", and incorporated herein by reference (the "Property"). 4. The Plaintiff is the owner of the Property, where the Defendants reside, having acquired title on September 2, 2009, by being the successful bidder at a Cumberland County Sheriff Sale. 5. The aforesaid Sheriff's Sale was conducted upon a Writ of Execution issued on a judgment entered in favor of Citimortgage and against the Defendants in the Court of Common Pleas of Cumberland County, Pennsylvania, under Docket Number 08-1449. 6. The Defendants remain in possession of the Property, and have no valid legal right to possession and/or title to the Property. 7. The Plaintiff claims the right to possession of the Property to the exclusion of the Defendants. WHEREFORE, Plaintiff seeks judgment in ejectment in favor of the Plaintiff and against the Defendants on the Property, located at 4506 Carlisle Road, Cumberland County, Gardners, PA 17324, for immediate possession of the Property, and a judgment of its costs and disbursements in this action. FOX AND F By: /s rai H. Fox Craig H. Fox, Esq. Attorney for Plaintiff S'9(??f9 001 KN Z Tax Parcel No. OS-38-2175-023 Know all Men by these Presents 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 American General Financial Services, Inc. Real Estate Sale No. 19 CITIMORTGAGE, Inc. Vs Thomas Conn Lester Miller Atty: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN property situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the edge of the cement of State Highway Route 34, leading from Gettysburg to Carlisle, with an iron pin set back along the line 12 feet 4 inches; thence running in said Highway and along the edge of the cement South 6 114 degrees East, 125 feet to a point at the edge of cement of said Highway, with an iron pin set back along the line 12 feet 4 inches; thance running by land now or formerly of Hoyt Sowers, North 74 1/2 degrees West, 183 feet to an iron pin; thence running by land of the same, North 2 1/4 degrees East, 125 feet to an iron pin; thence running by land now or formerly of Eugene Jacoby, South 711/4 degrees East, 163.5 feet to a point at the edge of the cement of said Highway, with an iron pin set back along the line 12 feet 4 inches, the place of BEGINNING. CONTAINING 74 perches and 144 square feet; TOGETHER with all and singular the buildings, ways, water, water-courses, right, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof and also, all the estate, right title, interest, use, trust, property, possession, claim and demand whatsoever, of the said Lauren Levi Taylor at the time of his death, in law, equity or otherwise howsoever, of, in, to or out of the same; Subject to easements, restrictions, and covenants, of record, if any. TITLE TO SAID PREMISES IS VESTED IN Thomas Conn and Lester Miller, by Deed from Sondra T. Neff, Executrix of the Last Will and Testament of Lauren Levi Taylor, aka, Lauren L. Taylor, dated 02/07/2007, recorded 02/13/2007, in Deed Book 278, page 3864. PREMISES BEING: 4506 CARLISLE ROAD, GARDNERS, PA 17324 PARCEL NO, 08-38- 2175-023 EXHIBIT "A" r! ! r The same having been sold by me to the said grantee on the 2nd day of September, Anno Domini Two Thousand and Nine (2009) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 11th of May Anno Domini 2009 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Eight (2008) Number 1449 at the suit of CITIMORTGAGE, Inc. -vs- Thomas Conn and Lester Miller. 00 In Witness Wereof, I have hereunto affixed my signature this 24 day of September Anno Domini Two Thousand and Nine (2009) it. 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 24 day of September Anno Domini Two Thousand and Nine (2009) NOTARIAL SEAL 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 6 South Hanover Street Carlisle, PA 17013 r ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200934669 Recorded On 10/8/2009 At 2:52:24 PM * Instrument Type - DEED-SHERIFF'S Invoice Number - 53881 User ID - RAK * Grantor - CONN, THOMAS * Grantee - AMERICAN GENERAL FIN SER INC * Customer - CUMBERLAND * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $0.00 DISTRICT DICKINSON TOWNSHIP $0.00 TOTAL PAID $49.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. M VERIFICATION The undersigned, hereby states that he/she is a representative of Plaintiff in the within action, and verifies that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that any false statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. AMERICAN GENERAL FINANCIAL SERVICES, INC. Date: By: • Name: Title: Cindy Lee Sr. Supervisor Centralized REO American Genera! Financial Services S - FiLE, 2059 OCT 19 E 1 2* 09 ,h Cam,. Ck11 ?/U4 figs/ 01 O;moo 1p FOX AND FOX By: Craig H. Fox, Esq. Atty. I.D. No. 49509 706 One Montgomery Plaza Airy and Swede Streets Norristown, PA 19401 Telephone: (610) 275-7990 Facsimile: (610) 275-2866 AMERICAN GENERAL FINANCIAL SERVICES, INC. 600 N. Royal Avenue Evansville, IN 47715 vs. THOMAS CONN and LESTER MILLER 4506 Carlisle Road Gardners, PA 17324 And OCCUPANTS 4506 Carlisle Road Gardners, PA 17324 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 44- `71.39 ?lI/r ? %G9Iyi ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the Plaintiff in the above captioned matter. FOX AND FOX By. Cr ig tV-Fox,- A for ey for Plai tiff 2009 OCT 19 Pi°3 2= 09 L?a'I?. i`Ja Ii Sheriff s Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~~~~~titr of ~nattt+rl'f;~~~ ~~aF~~~~ . -.,~ _~~~irr ,_~~T ~,~ , '.. f.:.,. ... __ American General Financial Services, Inc. vs. Thomas Conn Case Number 2009-7138 SHERIFF'S RETURN OF SERVICE 10/20/2009 02:58 PM - 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: Occupants, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Occupants of 4506 Carlisle Road Gardners, PA 17324. Per current resident there are no additional tenants at this location. 10/20/2009 02:58 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 1458 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Thomas Conn, by making known unto himself personally, at 4506 Carlisle Road Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/20/2009 02:58 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 1458 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Lester Miller, by making known unto himself personally, at 4506 Carlisle Road Gardners Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $74.90 SO ANSWERS, October 21, 2009 R THOMAS KLINE, SHERIFF gy/ ~~-r Deputy S riff