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HomeMy WebLinkAbout10-2999RICHARD F. STERN, ESQUIRE (03315) -STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN DISKIN, ESQUIRE MARGERY SCHNEIDER, ESQUIRE STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IA- T 2010 E-11; Y -5 F i t 3: 5 5 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank National Association, as Trustee for ABFC 2007-WMC 1 Trust, by Saxon Mortgage Services, Inc., attorney in fact 1415 S. Main Street Salt Lake City, UT 84115 v. Jean Whitehead and Michael R. Whitehead and John Doe 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) Civil Action Number: COMPLAINT IN EJECTMENT to -a9Qq Civi lTexm CIVIL ACTION - EJECTMENT NOTICE This is an attempt to collect a debt and any information obtained will be used for that purpose. You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights 0 important to you. 4Qa . pp PO Afi/ C?? 18"193 µ1(0y 4 J:\Diane\Ejectment\SAXON-WHITEHEAD CUMBERLAND 4-10.doc YOU SHOULD TAKE THIS PAPER TO A 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. 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 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Diane\Ejectment\SAXON-WHTTEHEAD CUMBERLAND 4-10.doc RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN DISKIN, ESQUIRE MARGERY SCHNEIDER, ESQUIRE STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY U.S. Bank National Association, as Trustee for ABFC 2007-WMC1 Trust, by Saxon Mortgage Services, Inc., attorney in fact 1415 S. Main Street Salt Lake City, UT 84115 V. Jean Whitehead and Michael R. Whitehead and John Doe 247 Ridge Hill Road Mechanicsburg, PA 17050 Defendant(s) Civil Action Number: COMPLAINT IN EJECTMENT COMPLAINT CIVIL ACTION - EJECTMENT 1. Plaintiff is U.S. Bank National Association, as Trustee for ABFC 2007-WMC1 Trust, by Saxon Mortgage Services, Inc., attorney in fact (hereinafter referred to as "Saxon")with offices located at 1415 S. Main Street, Salt Lake City, UT 84115. 2. Defendants are Jean Whitehead and Michael R. Whitehead, adult individuals with a last- known address of 247 Ridge Hill Road, Mechanicsburg, PA 17050. 3. Defendant is also John Doe who represents any other individual who may be residing from time to time at premises 247 Ridge Hill Road, Mechanicsburg, PA 17050. 4. On March 3, 2010, 247 Ridge Hill Road, Mechanicsburg, PA (the "Property")was sold by the Sheriff of Cumberland County at Sheriffs Sale after due advertisement according to J:\Diane\Ejectment\SAXON-WHITEHEAD CUMBERLAND 4-IO.doc law and under and by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, No. 2008-6555 at the suit of U.S. Bank National Association as Trustee for ABFC 2007-WMC1 Trust v. Jean Whitehead et al. 5. The Sheriff's Deed was recorded April 14, 2010 in the Office for the Recorder of Deeds in and for Cumberland County, Instrument No. 201009446, and as a result, title to the Property is now vested in Plaintiff. A copy of the deed is attached hereto as Exhibit "A" 6. A true and correct copy of the legal description is attached hereto as Exhibit "B". 7. By virtue of Sheriffs Sale, and recorded Sheriff's Deed, Plaintiff is entitled to possession of the premises. 8. Defendant(s) is/are presently in possession of the said premises. WHEREFORE, Plaintiff, U.S. Bank National Association, as Trustee for ABFC 2007-WMC1 Trust, by Saxon Mortgage Services, Inc., attorney in fact, demand that a Judgment in Ejectment be entered in its favor and against the Defendants. STERN AND EIS1;,NB ?, BY: STEVZ for Plaintiff J:\Diane\Ejectment\SAXON-WHITEHEAD CUMBERLAND 4-10.doc VERIFICATION John Crockett is the Asst. Vice-President of Saxon Mortgage Services, Inc. and is authorized to sign this Verification on behalf of same, and states that he/she verifies the foregoing Civil Action-Ejectment against the within-named defendants and avers that the statements of fact contained therein are made, subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, and that the same are true and correct upon the signer's knowledge, information and belief. R t?: ? 11 Saxon Mortgage Services, Inc. By: John Crockett Its Authorized Signatory DATE: 4 -:Z f -2,,5 0 $' #2o cso?4 Z4 32- SAXON IkDRTGAGE SR-VICES, !NC. INCUMBENCY CERTIFICATE The rmdersigned certifies that he is the Secretary of Saxon Mortgage Services, Inc., a Texas corporation (the " Coninsaf ), and that, as smh officer, is authbrimci to execute and deliver' this Certificate in the name and on behalf of the Company. The undersigned further certifies that the €oIlowing persons see duly elected and serving as Assistsgt Vice Presiden& of the Company as set forth below. The authority of each appointed afficcr is limited to the conveyance of properties to mortgage insurers, or the closing of tithe to properties tD be acquired as real estate owned by the Company, or the conveyance of title to real estate owned_ AssetLink. L.P. Loo Esposito John Cmckett Jon Downing Denice Hammond Linda Preston Lori I-3igh Janet Bennett IN WITNESS WHEREOF, the undersigned has executed and delivered this _ Certificate in the name and on bdhalf of the Company e$ ve of November 26,'2007. B y ame: atthew y Title: Senior Vice President, Secretary General Counsel and CM6 ?- Tax Parcel No. 38-18-1346-010 Know all Men by these Presents 111111111111111 001 RST That I, Ronny R. Anderson, 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 U.S. Bank National Association, as Trustee for ABFC 2007-WMC1 Trust Writ No. 2008-6555 Civil Term U.S. Bank National Association, as Trustee for ABFC 2007-WMC1 Trust VS. Jean Whitehead Michael R. Whitehead ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver. Springs Township, Cumberland County, Pennsylvania and described according to a survey by R. M. Benjamin R. E. dated May 9, 1972, as follows: BEGINNING at a point on or near the center- line of Ridge Hill Road at a corner of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances; 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to a point and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a corner of lands now or late of Newton K. Delbert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.S feet to a point, 3. South 64 degrees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. PARCEL NO. 38-18-1346-010 PROPERTY ADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 MUNICIPALITY: SILVER SPRINGS TOWNSHIP BEING the same premises which James T. Crawford and Carol A. Crawford, His Wife, by Indenture dated 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead. The same having been sold by me to the said grantee on the 3rd day of March, Anno Domini Two Thousand and Ten (2010) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 12th of November Anno Domini 2009 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Eight (2008) Number 6555 at the suit of U.S. Bank National Association, as Trustee for ABFC 2007-WMC1 Trust -vs- Jean Whitehead And Michael R. Whitehead In Witness Whereof, I have hereunto affixed my signature this 5th Anno Domini Two Thousand and Ten (2010) Commonwealth of Pennsylvania, ss. County of Cumberland day of March Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, 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 5 th day of March Anno Domini Two Thousand and Ten (2010) otary NOW First M MhV d Jn. 2014 I hereby certify that the residence And Post Office address of the Within Grantee is 4708 Mercantile Drive, North Fort'Worth, TX 76137 Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201009446 Recorded On 4/14/2010 At 1:57:51 PM *Instrument Type - DEED-SHERIFF'S Invoice Number - 63914 User ID - MSW * Grantor - WE ITEHEAD, JEAN * Grantee - ABFC 2007-2MC1 TRUST * Customer - SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 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 CUMBERLAND VALLEY SCHOOL $0.00 DISTRICT SILVER SPRING TOWNSHIP $0.00 TOTAL PAID $63.00 * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ? °R cu?e? S' . RECORDER O D 2i)S nso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11, iwmiiRSiison ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by R.M. Benjamin R. E. dated May 9, 1972, as follows: BEGINNING at a point on or near the center line of Ridge Hill Road at a comer of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of beginning and along the last mentioned lands, the 3 following courses and distances; 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to a point and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a comer of lands now or late of Newton K. Delbert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNING. PARCEL NO. 38-18-1346-010 PROPERTY ADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 MUNICIPALITY: SILVER SPRINGS TOWNSHIP BEING the same premises which James T. Crawford and Carol A. Crawford, His Wife, by Indenture dated 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead. i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FL~~M~+~~=(~r~ Sheriff ;.~~ ~~'~~ y^^~-{~jl~^~~~Y ~~~~,,, • oY t:'errtt~i,~~,~~~~~ t ~ ,~_ Jody S Smith Chief Deputy Z~ ~ ~ ~}~ ~ ~ 3 P!"7 ~ ~ 4 K Edward L Schorpp GUp~lr< ~ , f" :~3; ~,~,~ Solicitor ~~ ..F ~ ~~~~~'=~ '-' '~ - -~+ J~>r3~~f'v;~~`L~r'.~~~.`{~Z US Bank National Association Case Number vs. Jean R Whitehead (et al.) 2010-2999 SHERIFF'S RETURN OF SERVICE 05/11/2010 03:02 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1459 hours, she served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Jean R. Whitehead, by making known unto Michael R. Whitehead, husband of defendant at 247 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and corre copy of a sa e. l MICHELE HALL, DEPUTY 05/11/2010 03:02 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1459 hours, she served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Michael R. Whitehead, by making known unto himself personally, at 247 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. ICHELLE UTSHALL, DEPUTY 05/12/2010 Ronny R. Anderson, 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 of 247 Ridge Hill Road, Mechanicsburg, PA 17050, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Occupant. Request for service at 247 Ridge Hill Road, Mechanicsburg, PA 17050 is currently occupied by Michael and Jean Whitehead, husband and wife. SHERIFF COST: $74.00 May 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c1 CountySuite Shenff. Teleosoft, Inr.. •~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIItE STERN AND EISENBERG Ste. 410, The Pavilion 261 Old York Road ~2 4 Jenkintown, PA 19046 ~ ~L~ ° c,. 215 572-8111 m ,.~.. ~ ~~ LD. #75736 ~~ f.. c^~ ~~ rv ~ ~ -~ ,.. , C S'-' crr :.~~ U.S. BANK NATIONAL ASSOCIATION, AS ~ <f- ~ _Y ~= ~ TRUSTEE FOR ABFC 2007-WMC1 TRUST, BY ~~ --- SAXON MORTGAGE SERVICES, INC. ~ cry ATTORNEY IN FACT " ~ VS. JEAN WHITEHEAD NO. 10-2999 Civil Term MICHAEL R. WHITEHEAD And JOHN DOE (OCCUPANT) PRAECIPE FOR JUDGMENT IN POSSESSION TO THE PROTHONOTARY: Kindly enter judgment in ejectment for possession of the following described property in favor of the Plaintiff and against the Defendants for failure to respond with in twenty (20) days pursuant to the Pennsylvania rule of civil procedure. PREMISES: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 STERN AND EISENBERG BY: EN K. EI ERG Attorney for Plaintif I+~.00 ply A1T/ c~ i4~a ~~a~l y3o~q \\SERVER5\OFFICE DOCUM\JESS\POSSESSIONS\CUMBERLAND-WHITEHEAD.DOC ~o`h~ e ~.i l ~ ~~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG Ste. 410, The Pavilion 261 Old York Road Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST, BY SAXON MORTGAGE SERVICES, INC. ATTORNEY 1N FACT VS. JEAN WHITEHEAD MICHAEL R. WHITEHEAD And JOHN DOE (OCCUPANT) NO. 10-2999 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants': 1. Last-known address is: 247 Ridge Hill Road, Mechanicsburg, PA 17050 2. Are over the age of twenty-one. 3. Are not now nor have been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. STERN EISENBERG BY: N K. EISENBERG Attorneys for Plaintiff Sworn to and subscribed before me this day of , 2010. \\SERVER5\OFFICE DOCUM\JESS\POSSESSIONS\CUMBERLAND-WHITEHEAD.DOC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG Ste. 410, The Pavilion 261 Old York Road Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST, BY SAXON MORTGAGE SERVICES, INC. ATTORNEY IN FACT VS. JEAN WHITEHEAD MICHAEL R. WHITEHEAD And JOHN DOE (OCCPANT) NO. 10-2999 Civil Term CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the Writ and attorney for Plaintiff, hereby certify that a ten-day notice was required, a copy of which is attached hereto. STERN BY: K. EISENBI for Plaintiff \\SERVER5\OFFICE DOCUMIJESSIPOSSESSIONS\CUMBERLAND-WHITEHEAD.DOC STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (218) 572-8028 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY U.S. Bank National Association, as Trustee for ABFC 2007-WMC1 Trust, by Saxon Mortgage Services, Inc., attorney in fact (Plaintif fl v. Jean Whitehead and Michael R. Whitehead and John Doe Docket #: 10-2999 Civil Term TEN DAY NOTICE NOTICE PURSUANT TO Pa.RC.P. 237.1 TO: Jean Whitehead and Michael R. Whitehead and John Doe 247 Ridge Hill Road Mechanicsburg, PA 17050 Date of Notice: Tuesday, June 1, 2010 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: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 STE EISE ~ ,LLP By: ~.d' I A orney for Plaintiff \\Server5\office documVess\10 Day Letters\Cumberland\Whitehead, ]ean-Eviction.doc ~v.. '~~ ?h'c P~^''~w~h~ ~~'A~?Y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW ZQI~ JU~f 25 ~~ ~ STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG Ste. 410, The Pavilion 261 Old York Road Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ABFC 2007-WMC1 TRUST, BY SAXON MORTGAGE SERVICES, INC. ATTORNEY IN FACT VS. JEAN WHITEHEAD MICHAEL R. WHITEHEAD And JOHN DOE (OCCUPANT) NO. 10-2999 Civil Term ~d~F.oo ors q-ttY '1 ~. oo CBf 9a. oo ~~ i~.oo ~~ y 0"~0~}.00 PD ATy ~a.ao ao ~-~+ PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: c* ~~487 Kindly issue the Writ of Possession in the above matter in favor of the Plaintiff and~~ a~ ~ ~ against the Defendants JEAN WHITEHEAD, MICHAEL R. WHITEHEAD and JOHN DOE (OCCUPANT) PREMISES: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 STERN AND EISENBERG BY: EVEN K. EI G Attorney for Plaintiff PENPv~Y~.V:~d1A u~;r~pf~.~D~l \\SERVER5\OFFICE DOCUM\JESS\POSSESSIONS\CUMBERLAND-WHITEHEAD.DOC A lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, as Trustee for ABFC 2007-WMC 1 TRUST, by SAXON MORTGAGE SERVICES, INC. VS. No. 10-2999 Civil Term JEAN WHITEHEAD, MICHAEL R WHITEHEAD, and JOHN DOE (Occupant) Costs Attorney's $ 201 f , 00 Plaintiffs $ 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)) U.S. BANK NATIONAL ASSOCIATION, as Trustee for ABFC 2007-WMC1 TRUST, by SAXON MORTGAGE SERVICES, INC. being: (Premises as follows): 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 (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. Davl .Buell, Prothonotary, Common Pleas Court of Cumberland County, PA Date 6/25/10 (Seal) 2 of 2 No 10-2999 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, as Trustee for ABFC 2007-WMC1 TRUST, by SAXON MORTGAGE SERVICES, INC. VS. JEAN WHITEHEAD, MICHAEL R. WHITEHEAD, and JOHN DOE (Occupant) WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 206.50 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: STEVEN K. EISENBERG, ESQUIRE - ID#75736 STERN AND EISENBERG THE PAVILION, STE 410 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572-8111 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 ALL THAT CERTAIN piece or parcel of land with the buildings thereon erected situate in Silver Springs Township, Cumberland County, Pennsylvania and described according to a survey by RM. Benjamin R E. dated May 9, 1972, as follows: BEGINNIl~TG at a point on or near the center line of Ridge Hill Road at a corner of lands now or late of Daniel Rogers; said point being measured along the said Ridge Hill Road in a Westerly direction a distance of .2 of a mile from its intersection with the side of Locust Lane Road; THENCE extending from said point of beginning'and along the last mentioned lands, the 3 following courses and distances; 1. South 24 degrees 23 minutes East a distance of 72.6 feet to a point, 2 South 17 degrees 18 minutes East a distance of 177.66 feet to ~a point and 3. South 68 degrees 41 minutes West a distance of 181.94 feet to a point at a comer of lands now or late of Newton K. Delbert; THENCE extending along the last mentioned lands, a four following courses and distances; 1. North 16 degrees 29 minutes West a distance of 182.34 feet to a point, 2. South 79 degrees 29 minutes West a distance of 60.5 feet to a point, 3. South 64 degrees 30 minutes West a distance of 24.83 feet to a point, and 4. North 21 degrees 30 minutes West a distance of 39.6 feet to a point on the bed of Ridge Hill Road; THENCE extending along the said bed of Ridge Hill Road North 64 degrees 33 minutes 30 seconds East a distance of 260.05 feet to the first mentioned point and place of BEGINNLNG. PARCEL N0.38-18-1346-010 PROPERTY ADDRESS: 247 RIDGE HILL ROAD, MECHANICSBURG, PA 17050 MUNICIPALITY: SILVER SPRINGS TOWNSHIP BEING the same premises which James T. Crawford and Carol A. Crawford, His Wife, by Indenture dated 06-01-72 and recorded 06-02-72 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book Q24, Page 601, granted and conveyed unto Michael R. Whitehead and Jean Whitehead_ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICIfOf ~$~~~ of i~~iilunrbt~^1,~~~ p t cr~`.r S~ `~~`. QF~ ICf C c T x~ SNLRIl~P ,~~ T} ,_ _;.7 . , ,'~ 2~1iQ ~~.~~. ~':3 f'r~ ~~ ~~>~ US Bank National Association Case Number vs. 2010-2999 Jean R Whitehead (et al.) SHERIFF'S RETURN OF SERVICE 07/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of possession is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $79.56 July 23, 2010 SO ANSWERS, "_"`_. RON R ANDERSON, SHERIFF B haron R. Lant ~ .old P~. Co , ~~ ~~309 a ~s~ss SHERIFF'S OFFICE OF CUMBERLAND COUNTY (c~ CountySuite Sheriff, Teleosoft, Inc.