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Home My WebLink About09-8549Phelan, 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 ,Aivek 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 Suite 1400 Philadelphia, PA 19103 (215) 563-7000-7000 US Bank National Association, As Trustee For Asset-Backed Pass-Through Certificates, Series 2006-HE2 3476 Stateview Blvd. Fort Mill, Sc 29715 V. Jeryl D. Emlet Or Occupants 78 Boyer Road Carlisle, PA 17013 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 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 #: 223211 1. Plaintiff is US Bank National Association, As Trustee For Asset-Backed Pass-Through Certificates, Series 2006-HE2. 2. Defendant is Jeryl D. Emlet Or Occupants. 3. Plaintiff is the record owner of premises located at 78 Boyer Road, Carlisle, PA 17013, 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 November 4, 2009, as evidenced by the Sheriff's deed recorded November 30, 2009 in the Office of the Recorder of Cumberland County in instrument # 200939662. 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. /r By: Phelan, Hti& ieg,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 ALL THAT CERTAIN lot of land in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of the existing right-of- way line of Township Road No. 558 (16.5 feet from the center line thereof) about 3,050 feet from the center line of Pennsylvania Highway Route No. 641 known as the Trindle Road; thence North 53 degrees East along a fence and land now or formerly of Charles H. Kinard 300 feet to an iron pipe; thence North 37 degrees West along lands now or formerly of Sylvester W. Fenicle, 100 feet to an iron pipe; thence South (erroneously stated as North in prior Deeds of Record) 53 degrees West along lands now or formerly of Sylvester W. Fenicle, 274.92 feet to an iron pipe in the northern right-of-way line of said Township Road No. 558, as presently existing; thence South 24 degrees 33 (erroneously stated as 23 in prior- Deeds of Record) minutes East, along said right- of-way line, 41.20 feet to a stake; thence South (erroneously missed in prior Deeds of Record) 21 degrees 50 minutes East, along said right-of- way line, 61.92 (erroneously stated as 62.92 feet in prior Deeds of Record) to an iron pipe, the place of BEGINNING. HAVING thereon erected a frame house known and numbered as 78 Boyer Road, Carlisle, Pennsylvania. BEING the same premises which Terry R. Lindsey, single man, by his Deed dated April 30, 1999 and recorded May 6, 1999, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 198, Page 1134, granted and conveyed unto Kevin P. Graham and April L. Graham, husband and wife, the Grantors herein. Premises: 78 Boyer Road , , 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. l 0? Date Attorn fo aintiff n? ?L t? ul-riCE ; pin"-htt rtj?1RY 2Cnq p?C r 1 ??;? : ?'1 gyp 2-,a- a-3yE,9Z Y ~ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~~~,,tiv at ~~uvabrr{~~~~ d ~ ~ .c, :`: ii -~ ,. ,. C _-. t _ ,. US Bank National Association vs. Jerry D Emlet Case Number 2009-8549 SHERIFF'S RETURN OF SERVICE 01/29/2010 02:59 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 29, 2010 at 1445 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Occupant, by making known unto Brenda Emlet, Occupant and wife of defendant Jerry Emlet, at 78 Boyer Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 01/29/2010 02:59 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 29, 2010 at 1445 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Jerry D. Emlet, by making known unto Jerry Emlet, at 78 Boyer Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/18/2010 By virtue of this writ, on the 18th day of February, 2010, Sheriff Ronny R. Anderson caused the within named US Bank National Association, as Trustee for Asset-Backed Pass-Through Certificates, Series 2006-HE2 to have possession of the premises described as 78 Boyer Road, Carlisle, PA 17013. SHERIFF COST: $81.24 February 24, 2010 SO ANSWERS, ~~Z~' -,_ R~~ll~(R ANDERSON, SHERIFF BY ~ - ~~L~ Sharon R. Lantz ~; l~ ~' ~£ ~ ~ ~ ~~~~r ~~i~'7 _. '~~ _. ~_ ~ ~a ~~ ~~~ ~ ~~~ ~ A~ ~3~~Uv (c~ CounfySuite Sheriff. Teleosoft, bic. 2 of 2 No 09-8549 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, as Trustee for ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-HE2 V S. 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 JERYL D. EMLET or OCCUPANT WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 163.40 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: SHEETAL R. SHAH-JANI, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 215-563-7000 ID# 81760 Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy 1 of 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, as Trustee for ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-HE2 VS. No. 09-8549 Civil Term JERYL D. EMLET or OCCUPANT Costs Attorney's $ 163.40 Plaintiffs $ Prothonotary $ 2.00 COMMONtiVEALTH 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)) US BANK NATIONAL ASSOCIATION, as Trusee for ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-HE2 being: (Premises as follows): 78 BOYER ROAD, CARLISLE, PA 17013 (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, ~ f Davi .Buell, Prothono ary, Common Pleas Court of umberland County, PA i7ate t_/`21/10 (Seal) ,