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HomeMy WebLinkAbout01-7182FEDERMAN AND PHELAN By: Frank Fedemtan, Esquire Identification No. 12248 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Flagstar Bank, FSB 5151 Corporate Drive Troy, MI 48098 Mo Mark A. Rundall Or Occupants 302 Third Street West Fairview, PA 17025 : Court of Common Pleas : Civil Division : Cumberland County : Term : No. O I-- "'//oOol',. CIVll, ACTION - E.1ECTMF, NT - _t020 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1. Plaintiff is Flagstar Bank, FSB. 2. Defendant is Mark A. Rundall Or Occupants. o Plaintiffis the owner of premises located at 302 Third Street, West Fairview, PA 17025, a legal description of which is attached. Plaintiff became owner of said premises by a Deed from the Sheriff of Cumberland County, which Deed was lodged and settlement made with the Sheriff (Abstract of Title). Plaintiff, by virtue of the above, is the owner of said premises, and is entitled to possession thereof. The defendant is occupying the said premises without fight and so far as the plaintiff is informed, without claim of title. 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. F~NKFEDE~ AN~~ Attorney for Plaintiff Premises: 302 THIRD STREET, BOROUGH OF WEST FAIRVIEW CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for/its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. / DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of West Fairview in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the West side of Third Street, which point is 25 feet North of the northwest comer of Third and Clay Streets and on the division line between properties Nos. 300 and 302 Third Street; thence North 10 degrees 30 minutes West, 14 feet to a point; thence South 80 degrees West 34-7/10 feet to a point; thence North 10 degrees 30 minutes West, 3-7/10 feet to a point; thence South 79 degrees West 6-5/10 feet to a point; thence South 84 degrees West 34-7/10 feet to a point; thence North 69 degrees 30 minutes West 16-8/10 feet to a point; thence South 3 feet, more or less, to a point; thence South 72 degrees East 57-5/10 feet to a point; thence North 80 degrees East, 40 feet and through the partition wall separating properties Nos. 300 and 302 Third Street and beyond to a point, the place of Beginning. BEING portions of Lots No. 39 and 40 as shown on the Plan of Lots of William F. Martin's Addition to West Fairview as recorded in Cumberland County Deed Book 6-U, Page 601. HAVING thereon erected the Northern half of a two family dwelling numbered and known as 302 Third Street, West Fairview, Pennsylvania. TAX PARCEL #45-17-1044-142 VERIFICATION Frank Federman, Esquire hereby states that he is the Attorney for the Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Ejectment are tree and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unswom falsification to authorities. Date: Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2001-07182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLAGSTAR BANK FSB VS RUNDALL MARK A BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon RUNDALL MARK A the DEFENDANT , at 1840:00 HOURS, on the 2nd day of January at 302 THIRD STREET WEST FAIRVIEW, PA 17025 by handing to MARK RUNDALL a true and attested copy of COMPLAINT - EJECTMENT , 2002 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this g~ day of 0 ~7~3 0 2-~ A.D. ! 'Prothonotar~ So Answers: R. Thomas Kline 01/03/2002 FEDERMAN & PHELAN Deity Sheriff Federman and Phelan By: Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Flagstar Bank, FSB. vs Mark Rundall Or Occupants 302 Third Street West Fairview, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 01-7182 Cumberland Cotmty PRAECIPE i*OR .IlIDGME. NT IN E.I[ECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Flagstar Bank, FSB. and against the Defendant(s) Mark Rundall and Or Occupants for possession of premises 302 Third Street, West Fairview, PA 17025 for failure to file an Answer within twenty (20) days of service. I hereby certify that according to Rule 237.1, wTitten 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. · Attorney for Plaintiff Default Judgment entered as indicated above. DATE Federman and Phelan By: Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Flagstar Bank, FSB. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION VS Mark Rundall Or Occupants 302 Third Street West Fairview, PA 17025 No. 01-7182 Cumberland County VERIFICATION OF NON-MI1 ,ITARV ,qERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is Attorney for Plaintiff in the above captioned matter, and that on information and belief, he has 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 Mark Rundall Or occupants, is over 18 years of age, and resides at 302 Third Street, West Fairview, PA 17025. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unswom falsification to authorities. F~K FEDE~ Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification Number 12248 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Flagstar Bank, FSB. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Mark Rundall : No. 01-7182 OR OCCUPANTS TO: Mark Rundall or occupants 302 Third Street West Fairview, PA 17025 DATE OF NOTICE: ..~ THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 w/thin ten (10) days from the date of this notice, a Judgment may be entered against you without a heating 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: CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ~rank Federman,/Esquire /Attorney for Plaintiff PRAECIPE FOR WRIT OF POSSESSION COMMONWEAl,TH OF PENNSYLVANIA Flagstar Bank, FSB. VS Mark Rundall Or Occupants 302 Third Street West Fairview, PA 17025 COUNTY OF Cumberland COURT OF COMMON PLEAS CIVIL DIVISION No. 01-7182 Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of.' 302 Third Street, West Fairview, PA 17025 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 302 Third Street F~ FEDE~ ATTORNEY FOR PLAINTIFF Premises: 302 THIRD STREET, BOROUGH OF WEST FAIRVIEW CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is ass.um?d by the Company solely in its capacity as an abstractor forAts omissions in a sum not to exceed Two Thousand Dollars. J negligence, mistakes or DESCRI]:~ION ~ ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of West Fairview in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the West side of Third Street, which point is 25 feet North of the northwest corner of Third and Clay Streets and on the division line between properties Nos. 300 and 302 Third Street; thence North 10 degrees 30 minutes West, 14 feet to a point; thence South 80 degrees West 34-7/10 feet to a point; thence North 10 degrees 30 minutes West, 3-7/10 feet to a point; thence South 79 degrees West 6-5/10 feet to a point; thence South 84 degrees West 34-7/10 feet to a point; thence North 69 degrees 30 minutes West 16-8/10 feet to a point; thence South 3 feet, more or less, to a point; thence South 72 degrees East 57-5/10 feet to a point; thence North 80 degrees East, 40 feet and through the partition wall separating properties Nos. 300 and 302 Third Street and beyond to a point, the place of Beginning. BEING portions of Lots No. 39 and 40 as shown on the Plan of Lots of William F. Martin's Addition to West Fairview as recorded in Cumberland County Deed Book 6-U, Page 601. HAVING thereon erected the Northern half of a two family dwelling numbered and known as 302 Third Street, West Fairview, Pennsylvania. TAX PARCEL #45-17-1044-142 MARK RUNDALL OR oCCUPANTS 302 Third street 1V025 West Fairview, PA ..... T- .~'-~ 2_0 ...... 01-7182 ....................... No .......... T ---'~ 20_ ..... :' .~:~'~,. - .............................. ??.f ~ ............................. o ..... ? TD c.%~ ............................. CO.XfMOb~VZALiZ4 OF P CO U.-~Tf OF CUMBERLAND C~--' Pmn~' To :he She~ oi ---= ............................... F~GSTAR B~, FSB. - ............... ............................................. p~m~ff 302 THIRD STREET, WEST FAIR¥IEW, PA 17025 (See Legal Discription Attached) Curtis R. L'og~ .................. Premises: 302 THIRD ST ," Based Upon the ex · . .the premises ~ ammat~on or ~._.4 ass,.-~_'"'.~er set forth ~:~.,eon are sub;~. ~. ~ue appro~;_. o~.'~'".ea by the Co~,~_~n's Certiikatj~'~° the lie~,~~e Public recora. _ ~ 'v excee~ ~ Capac~ as ~- - atle mSUran .... Xcepau~ to ~ ~Wo ~Ous~ ~u a~Stractor r~_ T'~; uabili~ ~_ ~ ~e ~au Doll~s 'u~~ts negliee,~ "~reunaer is ' ~ ~ ~' misakes or ~L THAT CERTAIN ~CUlarly des- '- ~oun~ of ~ . ~,u ~a crmed ~ follows. ~umOerland and C~s_' S~mate, lying ~d ~- "~OnWealth of n~_ . oemg in ~e Borough ~ c~8ylV~ia, ~ore 'GIN~NG at a point on ae West sid of Ir_ ~reet: tho,.~ ~ . C/ay Sweet~ ~ ~eet, Whica ~: tees W~ a~'~7~~ ao~ I0 de~oX~u on ae division .~~ ~s ~ feet North ,t. t~ .... X~-,,zu feet to a n~;., ~7~ ou ~utes ~ ..... '~ oe~een nfo .... ~ ~e "~'~c~ou~ 79 ~ ~; ~ence No-~ .~ "~, 14 feet to - e ~Pcnies Nos 3~ . to a point,th- ~.~e~ees West 6 5/1n ~ ~,tn ~U degrees 30 ~: a point; aence Sou~ more or leo ._ -.~ v~ aegrees 3n --~ point; aence e ....... ~o,, ~-7/I0 feet es ~Z ~. _. P mt; ~ence Sou,k ~ - West 16-8/10 ~ .... degrees Wesi ~d beyond~Z'fnd ~Ough the n~?~:~ ae~ees asr 57_5/1'~°.a point; ~ence S · ~ u point, ~ ~,~ ~...,.u wail sen .... : 0 feet tO a nni~ .... ou~ 3 ~ e~ace or' Begi~ng e~ung properties Nos ~"~' ~ence No~ 80 . .v ann 302 Third pOnio~ of Lo~ No. 39 ~d 40 ~ sho~ on ae Plan of Loa of W~li~ F. M~in's a to West Fa~iew ~ recorded in Cumberland Coun~ Deed Book 6-U, Page 601. 3 ~ereon erected ae No.em h~f of a 'eet, West Fairview, Pe~ylv~ia. two f~ily dwelling numbered and ~own as 302 ( CEL ~45-17-1044-142 B~, ~{~:=eo£ :~ :~'.d:? e,~ ~ ...... !_2_t_b- ......... ear .>..' March 2003, @ 3:00 p.m..~ f c2u~ed me wi~in n~.me~_ ---~___~_l_Ag.s_tar Ban_k~ F'SB ............................................ ~ h=:-~ po~esa~on oi :h,- ?r-.-r.:.~e~-:-:.7oed .%~i'~I.~X.._Y~. ~.X...~g~.~.X~ 302 Third Street West Fairview, PA 17025 Sheriff's Costs: Advance Costs: 150.00 Do~ k~ i-rig .......... $- --t~-~O(~ ................................... -8-h ~-~ i~- f 2-s - ~;o ~-t- s-.'- - 92-~ ~O - -. Poundage 1.82 Pamaia~aruat~_~y_ .......... ~_.0D ......... 57.10 Milage 22.08 ............................................................ _Pp_s_.s e s s ion 30 00 - Surch-~ ...... - .......................... Refunded to Atty. on 3~.13/03 rge ............ ~0-70¥- 92.90 /? Ch, FEDERMAN AND PHELAN, LLP By: F. rank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff FLAGSTAR BANK, FSB Plaintiff VS. MARK RUNDALL OR OCCUPANTS Defendant(s) Court of Common Pleas CUMBERLAND County No. 01-7182 PRAECIPE TO WITHDRAW COMPLAINT, WITHDRAW JUDGMENT AND DISCONTINUE AND END ACTION~ WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, withdraw the judgment and mark this case discontinued and ended, upon payment of your costs only. Attorney for Plaintiff