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HomeMy WebLinkAbout04-2892Federman and Phelan, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (21 S) .~6:1-7000 Attorney for Plaintiff Aurora Loan Services, Inc. 601 5th Avenue Scottsbluff, NE 69361 Kevin F. Gill Or Occupants 4 Dartmouth Court Mechanicsburg, PA 17055 Court of Common Pleas Civil Division Cumberland County Term No. (~q -- ~. CIVIl, ACTION - E.1ECTMENT **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 banlrmptcy 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.** 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 attorney and fling 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 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, got to or telephone the office set forth below, This office can provide you with the information about hiring a lawyer. ffyou 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 Plaintiff is Aurora Loan Services, Inc.. Defendant is Kevin F. Gill Or Occupants. Plaintiff is equitable owner of premises located at 4 Dartmouth Court, Mechanicsburg, PA 17055, a legal description of which is attached. Plaintiffbecame equitable owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County, on June 9, 2004. Plaintiff, by virtue of the above, is the equitable 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 tire. Plaintiffhas demanded possession of the said premises from the said defendant who has refused to deliver up possession of same. WHEREFORE, plaintiff see~ to recover possession of said premises. / Fran~ Federman, Esquire ( ~r~n~e ~ ~ea, Esquire ~rancis S. Hallinan, Esquire A~orneys for Plaintiff Premises: 4 DARTMOUTH COURT, TOWNSHIP OF UPPER ALLEN CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence in the appropriate public records, Company ccrtifim that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereimafter set forth. This Certificate does not comtitute title insurance; liability hercm~cr 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. DE$CRllvrION ALL TItAT CERTAIN piece or parcel of la~d situate in Upper Allen Township, Cumberland County, Pennsylvania, ms set forth on a Fi~tal Subdivision Plan for Arlington Hills, prepared by Macomber Associates, Inc. and recorded in the Recorder of Deeds Office of Cumber'land County, Pennsylvania, itt Plan Book 36, Page 105, and more particularly bounded and described as follows: BEGINNING at a point on the Northern right of way line of Dm.u,touth Coati, a public street (50' wide), at thc dividing line between Lots Nos. 142 and 141 as shown on the aforementioned subdivision plan; THENCE along said right of way line of Darlmouth Court, North 78 degrees 08 minutes 55 secoltds East a distance of 20.00 feet to a point at the dividing line between Lot Nos. 14'1 :Lad 140; THENCE along same, North 11 degrees 51 minutes 05 seconds West, a distance of (18.94 feet to a point at lands now or formerly of Roi~rt E. and Priscilla B. Gray; THENCE along same South 83 degrees 12 nfiuutes 27 seconds West a distance of 20.08 feet to a point at the dividing line of Lot No. 142; TIIENCE along the dividing line of Lot No. 142, South 11 degrees 51 minutes 05 seconds E~qt a distance of 120.71 t~et to a point on the Northerly right of way line of Darmouth Court, the point and place of beginning. CONTAINING two thousands three hun0xed ninety-six (2,396) square feet, more or l~s. HAVING filet'eon erected a three-storY townhouse dwelling known and ntunbered a.s Dartmouth Court. BEING Lot No. 141 on the aforesaid Final Subdivision Platt for Arlington Hills. 'fax Parcel #42-27~!89¢-I02 VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiffin 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 Plaintiffby 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. A4%orney for Plaintiff ' SHERIFF'S RETURN - REGULAR CASE NO: 2004-02892 P COMMONWEALTH OF PENNSYLVAIgIA: COUNTY OF CUMBERLAND AUROP~A LOAN SERVICES INC VS GILL KEVIN F VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPI2~INT EJECTMENT was served upon GILL KEVIN F DEFENDANT , at 1857:00 HOURS, on the 14th day of July at 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 by handing to JENNIFER GILL, SPOUSE a true and attested copy of COMPLAINT - EJECTMENT law, the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.14 Affidavit .00 Surcharge 10.00 .00 36.14 Sworn and Subscribed to before me this /L ~ day of So Answers: R. Thomas Kline 07/15/2004 FEDERMAN & PHELAN By: D e~p~t~y~ She~r i f~f Federman and Phelan By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Aurora Loan Services, Inc, VS Kevin F. Gill Or Occupants 4 Dartmounth Court Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DWISION No. 04-2892 Civil Term Cumberland County PR AECIPE FOR JIJDGMENT IN E.IE~CTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejcctment in favor of the Plaintiff, Aurora Loan Services, Inc. and against the Defendant(s) Kevin F. Gill and Or Occupants for possession of premises 4 Dartmotmth Court, Mechanicsburg, PA 17055 for failure to file an Answer within twenty (20) days of service. I hereby cert/fy that according to Rule 237.1, written 10-day notice of Plaintiff's 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. Default Judgment entered as indicated above. Attorney for Plaintiff DATE Federman and Phelan, LLP Francis S. Hallinan, Esquire ID~ 62695 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563'7000 Aurora Loans Services, Inc. Kevin F. Gill OR OCCUPANTS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DiVISION CUMBERLAND COUNTY No. 04-2892 Civil Term TO: Kevin F. Gill or occupants 4 Dartmouth Court Mechanicsburg, PA 17055 DATE OF NOTICE: A~tgust 4, 2004 **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.** IMPORTANT NOT[CF, 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 bearing 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 ADMIN/STRATOR 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 /,Francis S. Hallinan, Esquire / Attorney for Plaintiff Federman and Phelan By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 56a-?000 Aurora Loan Services, Inc. VS Kevin F. Gill Or Occupants 4 Dartmounth Court Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CiVIL DIVISION No. 04-2892 Civil Term Cumberland County VERIFICATION OF NON-MIl ~ITARV gERVICE 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 Kevin F. Gill Or occupants, is over 18 years of age, and resides at 4 Dartmounth Court, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unswom falsification to authorities. · HALLINAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Aurora Loan Services, Inc. V$ Kevin F. Gill Or Occupants 4 Dartmounth Court Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CIVIL DMSION No. 04-2892 Civil Term Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession off 4 Dartmounth Court, Mechanicsburg, PA 17055 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 4 Dartmounth Court ATTORNEY FOR PLAINTIFF Premises: 4 DARTMOUTH COURT, TOWNSHIP OF UPPER ALLEN // CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence in the appropriate public records, Company certifi~ that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set t~rtb. This Certificate does not constitute titte insurance; liability hereunder is assumed by the Company ~lely in its capacity as an abstracter for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIlrI'ION ALL TItAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, m~ ~t tbrth on a Fh~l Subdivision Plan for Arlington Hills, prepared by Macomber Associates, Inc. and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, itl Plan Book 36, Page 105, and more particularly bounded ~ described as follows: BEGINNING at a point on the Northern right of way line of DarUnOuth Court, a public street (50' wide), at the dividing line between Lots Nos. 142 and 141 as shown on tile aforementioned subdivision plan; THENCE along said right of way line of Dartmouth Court, North 78 degrees 08 minutes 55 seconds East a distance of 20.00 feet to a point at the dividing line between Lot Nos. 14'1 and 140; THENCE along santo, North Il degrees 51 minnies 05 seconds West, a distance of (18.94 feet to a point at lands now or formerly of Robert E. and Priscilla B. Gray; THENCE along same South 83 degrees 12 minutes 27 seconds West a distance of 20.08 feet to a poin( at the dividing line of Lot No, 142; TIIENCE along the dividing line of Lot No. 142, South 11 degrees 51 minutes 05 seconds East a distance of 120.71 feet to a point on the Northerly right of way line of Darmouth Court, axe point and place of beginning. CONTAINING two thousands three hundred ninety-six (2,396) square feet, ~nore or less. HAVING thereon erected a three-story townhouse dwelling known and nmnbered as Dartmouth Court. BEING la:~t No. 141 on the aforesaid Final Subdivision Plan for Arlington Hills. 'Fax Parcel #42-27-1890-102 %%R/I' OF POSSESSION E]¢cu-uen~ P~oceedba~s PRC P 3i60 - 3165 e:c, AURORA LOAN SERVICES, COURT No ................................ T.<mm 20_ .~,::'~ ................................ s_ _ L1_%._6_4_ _ _ Pt'ff s ............................. ~ ?~c:'.y ............................. S_ .... CUMBERLAND AURORA LOAN SERVICES, INC. ........................................................................................... 4 DARTMOUTH COURT, MECHANICSBURG, PA 17055 Da.'= Au _99~_t 24, 2004 Mechanicsburg, PA 17055 Sheriff's Return Advance Costs: 150.00 ~ k~ ~ g- ...... 4~,~ ...................................... ~-ig~J~-~s---T&, G~ Poundage !.55 .~ ~ , ; ~, 71.31 MilaDe 8. ~ PossessSon 30.00 ~efuuded to Arty 9/2~/0~ 78 FEDERMAN AND PHELAN, LLP By: Frank 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 AURORA LOAN SERVICES, INC. Plaintiff VS. KEVIN F. GILL OR OCCUPANTS Defendant(s) Court of Common Pleas CUMBERLAND County No. 04-2892-CIVIL TERM PRAECIPE TO WITHDRAW COMELAINT, VACATE JUDGMENT AND DISCONTINUE AND END ACTION~ WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, vacate the judgment and mark this case discontinued and ended, upon payment of your costs only. Date/~9//5/~,~'/