Loading...
HomeMy WebLinkAbout10-7430t ` Phelan Hallinan &Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 ~ ~L~~'~F~ Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 (,' ~'~~~ ~~ 1~~ ~ T~©~'~~ }~ Q ~' ,' Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ~~~~ ~~~ _2 ~~ 1 ~ ; ~' Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 rU~gER~A~~ ~Et~~tSYGV Cp~~j~. A~~A 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NEW YORK COMMUNITY BANK Court of Common Pleas 7495 NEW HORIZON WAY FREDRICK, MD 21703 ~ Civil Division v. JERRY S. HARPER or Occupants CUMBERLAND County 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 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 (ZO) 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 PHS # 258509 CO ~~~ °'~ 0-'~ ~ p3 •,p'~` ~ ~ as~ga~ v 1. P}aintiff is NEW YORK COMMUNITY BANK . 2. Defendant is JERRY S. HARPER or Occupants. 3. Plaintiff is the record owner of premises located at 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025, 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 10/06/2010, as evidenced by the Sheriff's deed recorded 11/10/2010 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201032784, a true and correct copy of which is attached hereto, made party hereof, and marked as Exhibit "A". 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 La nee "1'. Phelan,Bsq., Id, o. 32227 Fra ci S. Hallinan,.Esq., Id. o. 62695 Dan el G. Schmieg, Esq., ld. No. 62205 Mic e M. Bradford, Esq., Id. No. 69849 Judit T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81 0 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. C 1791 Andrew L. Spivack, Esq., [d. 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 Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff v ~ ~ Y pp13HU ~~ Tax Parcel No. 38-04-0367-085 Know all Men by these Presents 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 New York Community Bank Writ No. 2007-793 Civil Term New York Community Bank Jerry S. Harper Sally J. Harper ALL TI-IAT CERTAIN piece or parcel of land situate in. Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of--way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.2Fi feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision flan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; TI-iENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of--way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179, l 3 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Of#ice of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. TITLE TO SAID PREMISES IS VESTED IN Jex7•y S. 1-Iarper anal Sally J Harder husband and wife, by Deed from Larry M. Nelson and Joan Nelson, husband and wife, dated 03/01!1999, recorded 03/0$11999, in Deed Book 195, page 490. PREMISES BEING: 480 SAMPLE BRIDGE ROAD, F,NOLA, PA 17025 PARCEL NO. 38-04-0367-085 The same having been sold by me to the said grantee on the 6th day of October 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 22"d of February Anno Domini 201.0 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Seven (2007} Number 793 at the suit of New York Community Bank vs- Jerry S. Harper and Sally J. Harper In Witness Whereof, I have hereunto affixed my signature this S th day of November Anno Domini Two Thousand and Ten (2010) Commonwealth of Pennsylvania, ss. County of Cumberland 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 5th day of November Anno Domini Two Thousand and Ten (2010) ,.,~. _ 'JY ~ p`. f •~~A if~,~lk4.. . .!' i ry ~~~~ t~ , ~~ #~ ~ ~' r .;4. .,~. r ~ t ' citl~oirofary I hereby certify that the residence And Post Office address of the Within Grantee is 7495 New Horizon Way Frederick, MD 217h3 < ~~,'~~' __ __._ Ric and W. Stewart Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201032784 Recorded On 11/10/2010 At 8:53:54 AM * Instrument Type -DEED-SHERIFF'S Invoice Number - 76458 User ID - MBL * Grantor -HARPER, JERY S * Grantee -NEW YORK COMMUNITY BANK * Customer -CUMBERLAND COUNTY 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 - 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 ~~~~. ~ e ~~~ RECORDER O D EDS { j "4~ 1760 * -Information denoted by an asterisk may change during the verification process and may not he reflected on this page. IIINIIIIINIIIIIIIIII 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 orr 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. Date L fi'`I".'~'H'eTan, Esq~fiire Fr n is S. Hallinan, Es wire Da i 1 G. Schmieg, Esquire Mic le M. Bradford, Esquire Judi T. Romano, Esquire // Sheetal R. Shah-Jani, Esqu}~Fe Jenine R. Davey, Esquire 111111 Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE FICA Sheriff ??,, d? ?t?„iFr CAF Jody S Smith THE PROTHONOTARY Chief Deputy 20 1 0 DEC 13 MM 4; { Richard W Stewart Solicitor CUM ERLAND COUNTY p NNSYLVANIA New York Community Bank vs. Case Number Jerry S. Harper 2010-7430 SHERIFF'S RETURN OF SERVICE 12/06/2010 08:41 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December 6 2010 at 2041 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jerry S. Harper, by making known unto Nicolas Harper, Son of defendant at 480 Sample Bridge Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 December 08, 2010 DENNI Y, DEPUPOr SO ANSWERS, RON R ANDERSON, SHERIFF C +". fL0tySJ1te Sheriff, felecsoft, It'.? Phelan. Ilallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. llallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele Nl. 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.]. Mulcahy, Esq. Id. No. 61791 Andre" L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ,loshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq. Id. No. 206779 Andrew C. Bramblctt, Esq., Id. No. 208375 Allison Wells, Esq., Id. No. 309519 One Penn Center W Suburban Station Suite 1400 Philadelphia, PA 19103 215 563-7000 New York Community Bank vs Jen-? S. Harper Or occupants 480 Sample Bridge Road Enola, PA 17025 FILED-OFFICE HE PROTHONOTARY 1011 JAN 20 PM 1' 01 t?U PENNSYLVANIA TY Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 10-7430 Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT 'r0 THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, New York Community Bank and against the Defendant(s) Jerry S. Harper and Or occupants for possession of premises 480 Sample Bridge Road, Enola, PA 17025 for failure to file an Answer within twenty (20) days of service. 1 hcicby 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 ol'which is attach he Phc n, allinan & S mieg, LP Lawrence 1'. Phelan, . No. 32227 Francis S. Hallinan. Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Ju tth T. Romano, Esq. Id. No. 58745 cetal 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 .lac 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 Joshua 1. Goldman, Esq., Id. No. 205047 DATE Courtenay R. Dunn, Esq. Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison Wells, lisq., Id. No. 309519 Attorney for Plaintiff S00 a D ek.* too Phelan, Ifollinan & Schmieg, LLP Lawrence '1'. Phelan, Esq., Id. No. 32227 Francis S. Ilallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Rlichele 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 .lay B..lones, 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 L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq. Id. No. 206779 ridrei? C. Bramblett, Esq., Id. No. 208375 ,kilison iN CIIS, ['Sq., Id. No. 309519 One Penn Center (a, Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 New York Community Bank vs Jerry S. Harper Or occupants 480 Sample Bridge Road Enola, PA 17025 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION David Phillips No. 10-7430 Cumberland County VERIFICATION OF NON-MILITARY SERVICE I hereby vcriI), that I am Attorney for Plaintiff in the above captioned matter, and that on information and belief, I have knowledge ol'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 Jerry S. Harper Or occupants , is over 18 years of age, and resides at 480 Sample Bridge Road, Enola, PA 17025. Phis statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unswo Isi6cation to authorities. Phelan,-Hallinan & Schmieg, IfP ) Lawrence T. Phelan, Esq., Id.. 27 Francis S. Hallman, 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 eetal 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 All ison wells, Esq., Id. No. 309519 Attorney for Plaintiff PHS #258509 Phelan I lallinan and Schmieg, I,L,P 1617 .IL'K 1301.1levard, Suite 1400 Philmiciphia, PA 19103 (215)563-7000 Ncw York Con,imunity Bank Plaintiff, V Jerry S..1-larper or occupants Defendant '10: Jerry S. I-larper or occupants 480 Sample Bridge (toad F;nola, PA 17026 Court of Common Pleas Civil Division No. 10-7430 Cumberland County DA'IT' 01'NO 1'ICI?: December 28, 2010 **'I 'I HS FIRM IS A DI'11T COL LECTOR ATTEMPTING TO COLLEC VA D1 13T AND AN), INFORMATION OBTAINIi1) WILL, 131: USED FOR TIIAT PURPOSE. IF YOU I LAVE PRIMOUSL.Y RECHVGD A DISCHARGL IN I3ANKRUP'1'CY AN'I)H IIS DEBT WAS NOT RI.;APFIRML?U,'1'(IIS CORRESPONDENCE IS NOT AND SHOULD NOT 131: CONSTRUI D TO t3E AN AYTI'MIT VO C OLI,FCT A DEBT, BU1' ONLY I NFORCTML[N'I' OI' A MFN AGAINST PROPFR'I Y ,*• IMPORTANT NOTICE: You Mre in del<udt 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. ll'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: OFFICT' OF THE PROTI IONOTARY CUMBERLAND COUNTY COURTHOUSF I COURT] IOUSE SQUARE? CARLISLE, PA 17013 (717)240-6195 CUMBERLANI) COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STRF T CARLISLE, PA 17013 (717) 249-3166 By: Lawrencc'f. Phelan, :sq., Id. No. 32227 Francis S. I lallinan, 6sq., Id. No. 62695 Daniel G. Schmieg, 13sq., Id. No. 62205 Michele M. BradFord. Esq., Id. No. 69849 JLKI h T. Romano, Esq. Id. No. 58745 Sheewl R. Shah-Jani, I sq., Id. No. 81760 lenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabns, Esq., Id. No. 93337 Vivel< Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Pctcr J. Mulcahy, Esq. Id, No. 61791 Andrew L. Spivack, Esq., Id. No. 8,1439 Jaime McGuinness, F.sq., Id. No. 90131 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Jbshua L Goldman, 1-.'sq., Id. No. 205047 Courtenay R. Dunn, Esq. Id. No. 206779 Andrew C. Bromblotl, Esq., Id. No. 208375 Allison Wells, Esq. [d. No. 309519 i PRAECIPE 1'OR WRIT OF POSSESSION ` COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND New York Community Bank COURT OF COMMON PLEAS CIVIL DIVISION vs No. 10-7430 Jerry S. Harper Or occupants Cumberland County 480 Sample Bridge Road Enola, PA 17025 PRA ECIPE FOR WRIT OF POSSESSION C) N n -,, TO TI IE PROTHONOTARY: r-n CU ? -rt z Z rn -IIm Issue Writ of Possession in the above matter for possession of: r. cnD tv v° O 480 Sample Bridge Road, Enola, PA 17025 zo C)-M f D o --t rn **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** -t Being Known as No. 480 Sample Bridge Road q. Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Juc th T. Romano, Esq. Id. No. 58745 etal 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. Brarnblett, Esq., Id. No. 208375 Allison Wells, Fsq., Id. No. 309519 Attorney for Plaintiff l? 0. CB ?4 ?. SO F w ., a, oo \Lk. 44 so s zoo 7ve ?. iLn-- - Phelan, Hallinan & Sch to , LL Lawrence T. Phelan Es 1 . No. 32227 (b14Scdo wa- b? 'A't i for 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEW YORK COMMUNITY BANK VS. JERRY S. HARPER OR OCCUPANTS 480 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Attorney's Plaintiff's Prothonotary Costs No. 10-7430 Civil Term- $171.50 $ 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)) NEW YORK COMMUNITY BANK being: (Premises as follows): 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025 (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. )avidI3. Buell,P/othonotary, Common Pleas urt of Cumberland County, PA Date-1/21/11 (Seal) 2of2 VS. Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and No 10-7430 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEW YORK COMMUNITY BANK JERRY S. HARPER OR OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 171.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: SHEETAL R. SHAH-JANI, ESQUIRE PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 Where papers may be served 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 situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern legal right-of-way line of Sample Bridge Road at the corner of Residual Lot No. 2-A (erroneously described as Lot No. 1 on prior deed) on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Residual Lot No. 2-A North 04 degrees 00 minutes 00 seconds West a distance of 363.26 feet to a point at the southern line of Residual Lot No. 2-A on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Residual Lot No. 2-A North 67 degrees 04 minutes 30 seconds East a distance of 185.00 feet to a point on the western line of land now or formerly of Joey V. Sullenberger and Denise C. Sullenberger; THENCE along said Sullenberger land, South 04 degrees 00 minutes 00 seconds East a distance of 385.00 feet to a point on the northern legal right of way line of Sample Bridge Road; THENCE along the northern legal right-of-way line of Sample Bridge Road South 73 degrees40 minutes 00 seconds West a distance of 179.13 feet to a point at the corner of Residual Lot No. 2-A, the point and Place of BEGINNING. BEING comprised of Lot No. 3 as shown on the Final Subdivision Plan for Larry M. Nelson, as prepared by Hartman and Associates, Inc., dated October 21, 1998, last revised January 11, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 78, Page 39 and Residual Lot No. 2-B as shown on the Final Subdivision Plan for Lary M. Nelson, as prepared by Hartman and Associates, Inc., dated October 20, 1999, last revised November 18, 1999, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 80, Page 81. TITLE TO SAID PREMISES IS VESTED IN Jerry S. Harper and Sally J. Harter, husband and wife, by Deed from Larry M. Nelson and Joan Nelson, husband and wife, dated 03/01/1999, recorded 03/08/1999, in Deed Book 195, page 490. PREMISES BEING: 480 SAMPLE BRIDGE ROAD, ENOLA, PA 17025 PARCEL NO. 38-04-0367-085 PRAECIPE TO REISSUE WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA New York Community Bank COURT OF COMMON PLEAS CIVIL DIVISION V. MCD rn NO. 10-7430 z Jerry S. Harper tnf-r- ? N ,p c) OR OCCUPANTS Cumberland COUNTY r "= o 480 Sample Bridge Road Dn o--rr I;nola. PA 17025 5> C)rT! CC) PRAECIPE TO REISSUE WRIT OF POSSESSION TO THE PROTHONOTARY: Reissue Writ of Possession in the above matter, for possession of 480 Sample Bridge Road, Enola, PA 17025 **PLEASE SEE ATTACHED LEGAL DESCRIPTION** 131?ING KNOWN AS NO. 480 Sample Bridge Road Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg. F,sq.. Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, IEsq- 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 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 Allison Wells, Esq.. Id. No. 309519 William I Miller, Fsq., Id. No. 308951 Melissa .I Schemer. Lsq.. Id. No. 308912 Attorney for Plaintiff W..? slp.oo ?d (LI} CPW lo°13Bob P-4 c? 40 15 ? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ ?-= L Sheriff ? 1 ' Jody S Smith rt ? /'•IUL Chief Deputy { 2 PH ?. 02 Richard W Stewart `"U?`?BER Solicitor FNSYL V L!IJ? j New York Community Bank Case Number vs. 2010-7430 Jerry S. Harper SHERIFF'S RETURN OF SERVICE 06/2212011 07:55 PM - Deputy Michelle Gutshall, being duly sworn according to law, posted pursuant to Court Order one true and attested copy of the within Writ of Possession upon Real Estate located at 480 Sample Bridge Road, Silver Spring Township, Enola, PA 17025. 07/11/2011 By virtue of this writ, Ronny R. Anderson caused the within named Plaintiff to have possession of the premises described as 480 Sample Bridge Road, Enola, PA 17025. Possession given to Plaintiffs agent Andrew G. Saft, RE/MAX Realty. This writ is returned STAYED. SHERIFF COST: $106.00 July 12. 2011 SO ANSWERS, RON R ANDERSON SHERIFF P c( SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson (?[ g( Sheriff ?.. -f°E r,Q n i P0 N0 *f Jody S Smith Chief Deputy i l 1 JUL 12 PM 2: 02 Richard W Stewart SoliatorE Y'„A New York Community Bank Case Number vs. 2010-7430 Jerry S. Harper SHERIFF'S RETURN OF SERVICE 02/04/2011 08:25 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on February 4, 2011 a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: Jerry S. Harper, of 480 Sample Bridge Road, Enola, Cumberland County, Pennsylvania 17025. The property was found to be vacant. 02/09/2011 11:15 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 9, 2011 at 1114 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 S. Harper, by making known unto Jon Wasser, Adult in Charge, at 206 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at thf same time handing to him personally the said true and correct copy of the same. 07/12/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. SHERIFF COST: $63.34 July 12, 2011 SO ANSWERS, RbNN'Y R ANDERSON, SHERIFF r Ai ?? i ?3 c?