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HomeMy WebLinkAbout10-7858 op-;'hr-iin Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff 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 C ) ?a Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness Esq Id No 90134 _A* ?? © _-C " , ., . . Chrisovalante P. Fliakos, Esq., Id. No. 94620 r C`7 I ?r Joshua L Goldman, Esq., Id. No. 205047 t v zi"?' CZY Courtenay R. Dunn, Esq., Id. No. 206779 ? 0 c? Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza w Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE Court of Common Pleas FOR CITIGROUP MORTGAGE LOAN TRUST 2006- WFHE2 Civil Division 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND County V. 1 MARK A. VOGELSONG or Occupants No. 6 ,? 8Sg ?i C1 1 84 TORY CIRCLE ENOLA, PA 17025-2657 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 MIS # 258368 a?a?c?3 " c,V^ l . plaintiff is US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2. 2. Defendant is MARK A. VOGELSONG or Occupants. 3. Plaintiff is the record owner of premises located at 84 TORY CIRCLE, ENOLA, PA 17025-2657, 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 11/03/2010, as evidenced by the Sheriff's deed recorded 12/21/2010 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201037942. 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. Law nce "1'-Phelan, Esq., Id. o. 32227 Fran Vs S. Hallinan, Esq., Id. Jo. 62695 Daniel G. Schmieg, Esq., Id. . 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith 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. 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 Attorney for Plaintiff i ' Legal Description ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern legal right-of-way line of Tory Circle, at the southeast corner of Lot No. 129 on the hereinafter described final Subdivision Plan; THENCE along the eastern line of said Lot No. 129, North 08 degrees 25 minutes 00 seconds West, a distance of 100.00 feet to a point on the southern legal right-of-way line of Hal Lane; THENCE along the southern legal right-of-way line of Hal Lane, North 81 degrees 35 minutes 00 seconds East, a distance of 20.00 feet to a point at the northwest corner of Lot No. 131 on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 131, South 08 degrees 25 minutes 00 seconds East, a distance of 100.00 feet to a point on the northern legal right-of-way line of Tory Circle; THENCE along the northern legal right-of-way line of Tory Circle, South 81 degrees 35 minutes 00 seconds West, a distance of 20.00 feet to a point at the northeast corner of Lot No. 127 on the hereinafter described Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,000.00 square feet, more or less. BEING Lot No. 130, Section 1, on the Final Subdivision Plan of Laurel Hills North, Lot No. 3 and Lot No. 4, dated June 1, 1992, revised August 5, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 65. BEING IMPROVED with a townhouse dwelling known as 84 Tory Circle. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Submission Plan for Laurel Hills North Lots 3 and 4, Section 1, East Pennsboro Township, Cumberland County, Pennsylvania, dated January 6, 1993, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 440, Page 63. BEING PART OF THE SAME PREMISES which Laurel Hills Development Corp., a Pennsylvania corporation, by its deed, dated August 1, 2003, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 259, Page 2633, granted and conveyed unto Nexgen Realty, LLP, a Pennsylvania registered limited liability partnership, the Grantor herein. Premises: 84 Tory Circle w r' 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, infonnation, 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 finn 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. I?aa?o Date rehce T. Pielan, Esgpire ancis S. Hallinan, Esq ire re Miel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esgyl're Jenine R. Davey, Esquir 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 Sheriff yti, F"'-- Jody S Smith Chief Deputy Richard W Stewart Solicitor (":JMBBLAND Ys'', ty F- H {rt? 5' 7 ?H `gy p 'r S 'l?r'i US Bank National Association vs. Mark A. Vogelsong Case Number 2010-7858 SHERIFF'S RETURN OF SERVICE 12/30/2010 04:52 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December 30, 2010 at 1652 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Mark A. Vogelsong, by making known unto himself personally, at 84 Tory Circle, 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 January 04, 2011 ': ? ?-7 -,-; ??? - DENNI FRY, DEPU SO ANSWERS, RONW R ANDERSON. SHERIFF US BANK NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR CITIGROUP CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE LOAN TRUST 2006 - WFHE2, Plaintiff V. NO. 10-7858 c-? N MARK A. VOGELSONG or Occupants, CIVIL ACTION rna) =M : rn? Defendant zM r = -Orn xT Q -[I% cnn p <? 0 DEFENDANT'S ANSWER TO CIVIL ACTION - EJECTMENV:o r p c VM Defendant, Mark A. Vogelsong, answers as follows: 10 1. Admitted. 2. Admitted. 3. Denied. The averment in Paragraph 3 is a legal conclusion to which no response is required. 4. Denied. The averment in Paragraph 4 is a legal conclusion to which no response is required. 5. Denied. The averment in Paragraph 5 is a legal conclusion to which no response is required. 6. Denied. The averment in Paragraph 6 is a legal conclusion to which no response is required. WHEREFORE, Defendant respectfully requests that the Plaintiff's Complaint be dismissed. Respectfully submitted, ??? Mark A. Vogelson 84 Tory Circle, Enola PA Vh7- Ph: 717-649-0818 VERIFICATION I, Mark A. Vogelsong, verify that the statements made in the forgoing document are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated:) " o?-S- Mark A. Vogelsong US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006 - WFHE2, Plaintiff V. MARK A. VOGELSONG or Occupants, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7858 CIVIL ACTION CERTIFICATE OF SERVICE I, Mark A. Vogelsong, hereby certify that I am on this day serving a copy of Defendant's Answer to Civil Action -- Ejectment upon the person(s) and in the manner indicated below: US Regular Mail addressed as follows: Jenine R. Davey, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Mark A. Vogelsong Date: !'??J (1 01 PHELAN HALLINAN & SCHMIEG, LLP By: Sheetal R. Shah-Jani, Esquire Identification No.81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Us Bank National Association As Trustee For Citigroup Mortgage Loan Trust 2006-WFHE2 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff V. Mark A. Vogelsong or Occupants 84 Tory Circle Enola, PA 17025-2657 Defendants m =rn c- x -rZ Fri jr- -<> .. CD ° -; >, _ + -" Cis - ,? Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 2010-7858-CIVIL CERTIFICATION OF SERVICE 1. hereby certify a true and correct copy of the foregoing Plaintiff's Praecipe to Substitute Verification was served by regular mail on Counsel for the Defendant on the date listed below: Mark A. Vogelsong, Pro Se 84 Tory Circle Enola, PA 17025-2657 Date: By: %?' SSheetafjR. ah-Ja , Esquire Attorney f Pl ' 1ff PHS #226406 PHELAN HALLINAN & SCHMIEG, LLP By: Sheetal R. Shah-Jani, Esquire Identification No.81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Us Bank National Association As Trustee For Citigroup Mortgage Loan Trust 2006-WFHE2 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff v. Mark A. Vogelsong or Occupants 84 Tory Circle Enola, PA 17025-2657 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 2010-7858-CIVIL PRAECIPE TO SUBSTITUTE VERIFICATION TO THE. PROTHONOTARY: Please substitute the attached original verification of Jennifer L. Williams, VP Loan Documentation for Wells Faro Bank, N.A., the verification attached to Plaintiffs Civil Action - Ej t filed in the above matter on or about Dec"for b2720 Date: By: Sheeti, Es ire Attotiff VERIFICATION Jennifer L. Williams hereby states that he/she is VP Loan Documentation for Wells Fargo Bank, N.A. as Attorney in Fact for US Bank National Association, As Trustee for CitiGroup Mortgage Loan Trust 2006-WFHE2, Plaintiff in this matter, that he/she is authorized to make this Verification, and that the statements made in the foregoing Civil Action in Ejectment are true and correct to the best of his/her 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 unsworn falsification to authorities. Wells Fargo Bank, N.A. as Attorney in Fact for US Bank National Association, As Trustee for CitiGroup Mortgage Loan Trust 2006-WFHE2 Date: By: 1 n , enn erL. Williams oan Documentation 84 Tory Circle, Enola, PA 17025 Vogelsong, PHS# 258368 U.S. BANK NATIONAL IN THE COURT OF COMMON PLEAS OF ASSOCIATION as Trustee CUMBERLAND COUNTY, PENNSYLVANIA for CitiGroup Mortgage Loan Trust 2006-WFHE2 3476 Stateview Boulevard Fort Mill, SC 29715, Plaintiff V. CIVIL ACTION - LAW MARK A. VOGELSONG Or Occupants 84 Tory Circle Enola, PA 17025, Defendant : NO. 10-7858 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE OLER and GUIDO, JJ. ORDER OR COURT AND NOW, this 19th day of January, 2011, upon consideration of Plaintiff's Motion for Summary Judgment, and following oral argument on July 15, 2011, Plaintiffs Motion for Summary Judgment is granted and judgment is entered in favor of Plaintiff and against Defendant, Mark A. Vogelsong or Occupants, for immediate possession of the premises located at 84 Tory Circle, Enola, Pa 17025. BY THE COURT, r-,) C7 nca ^^ ...a.. J. esley Oler Jr., J. ;rm ?f- ; PM, -<> C, 3, Schalk Esq h P ,Jose 3 , . . p 126 Locust Street e`'.--_ Harrisburg, PA 17101 cn ; Attorney for Plaintiff !` ``' Mark A. Vogelsong or Occupants 84 Tory Circle Enola, PA 17025 Defendant, pro Se :rc ??sy y?rr Phelan Hallinan & Schmieg, 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 vs MARK A. VOGELSONG Or occupants 84 TORY CIRCLE ENOLA, PA 17025-2657 Fill FD-' F 1" E' '. THE THONOTAR Y 2011 AUG -4 All 10. 37 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 10-7858 CIVIL CUMBERLAND County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of Plaintiff, US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 and against A. VOGELSONG and Or occupants for possession of premises 84 TOR LA, PA 17025-2657 pursuant to the attached court order dated January 19, 2011. Phelan Hallinan & Schmiet,LLP r °.. -°°ee T No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69&43 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 gay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Schemer, Esq., Id. No. 308912 Attorney for Plaintiff Default Judgment entered as indicated above. DATE: 0,4 % X4.00 pot a 1? 10 A-01 "-1 -1 t U.S. BANK NATIONAL. ASSOCIA'T'ION as Trustee for CitiGrot?p Mortgage Loan 'T'rust 2006-W.1iIII2 476 StatcviCNV 130ult:vard Fort Mill, SC 29715, Plaintiff V. MARK A. VOGELSONG Or Occupants 84 Tory Circle Enola, PA 17025, Defendant : IN THE COURT OF COMMON PLEAS Ol? CUMBERLAND COUNTY PT NNSYLVANIA CIVIL, ACTION -- LAW NO. 10-7858 CIVIL, TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE OLER and GUIDO, JJ. ORDER OR COURT AND NOW, this 19"' day of January, 2011, upon consideration of Plaintiff's Motion for Summary Judgment, and following oral argument on July 15, 2011, Plaintiff's Motion for Surnmary Judgment is granted and judgment is entered in favor of Plaintiff and against Defendant, Mark A. Vogelsong or Occupants, for immediate possession of the prernises located at 84 Tory Circle, Enola, Pa 17025. BY THE COURT, Joseph P. Schalk, Esq. 126 Locust Street "Harrisburg, PA 17101 Attorney for Plaintiff C J. esley 4ri , J. Mark A. Vogelsong or Occupants 84 'For), Circle 1_;1101a. PA 17025 I Mendant, pro Se : rc Phelan Hallinan & Schmieg, 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 vs MARK A. VOGELSONG Or occupants 84 TORY CIRCLE ENOLA, PA 17025-2657 COURT OF COMMON PLEAS CIVIL DIVISION No. 10-7858 CIVIL CUMBERLAND County VERIFICATION OF NON-MILITARY SERVICE I hereby verify that I am the Attorney for Plaintiff in the above captioned matter, and that on information and belief, I have knowledge of the following facts, to wit: (a) That MARK A. VOGELSONG is 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 A. VOGELSONG is over 18 years of age, and resides at 84 TORY CIRCLE, ENOLA, PA 17025-2657. (c) It is unknown whether any other occupants are in the Military or are over 18 years of age. This statement is made subject to penalties of 18 PA. C.S.S 4904 authorities. cation to Phelan Hallinan & Sc e an, Esq., Id. No. 322277 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 PHS # 258368 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 COURT OF COMMON PLEAS a = :-C CIVIL DWISION Mrn vs No. 10-7858 CIVIL '' MARK A. VOGELSONG o© Or occupants CUMBERLAND County' =- ;, 84 TORY CIRCLE zC ? o °?n ENOLA, PA 17025-2657 - PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for posse ssion of: 84 TORY CIRCLE, ENOLA, PA 17025-2657 **PLEASE SEETHE ATTACHED LEGAL DESCRIPTION** Being Known as No. 84 TORY CIRCLE Phelan Hallinan & Sch ieg, LLP 4 C-S) Lawrence Es :, Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 6220 Michele M. Bradford, Esq., Id. No. 849 Judith T. Romano, Esq., Id. No 745 01P.00 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ?? r! U ? 4 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 P $ 1 JJ eter 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 Cnay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff ?a• oo Z?Lu- Lb. o) -7 Legal Description ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern legal right-of-way line of Tory Circle, at the southeast corner of Lot No. 129 on the hereinafter described final Subdivision Plan; THENCE along the eastern line of said Lot No. 129, North 08 degrees 25 minutes 00 seconds West, a distance of 100.00 feet to a point on the southern legal right-of-way line of Hal Lane; THENCE along the southern legal right-of-way line of Hal Lane, North 81 degrees 35 minutes 00 seconds East, a distance of 20.00 feet to a point at the northwest corner of Lot No. 131 on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 131, South 08 degrees 25 minutes 00 seconds East, a distance of 100.00 feet to a point on the northern legal right-of-way line of Tory Circle; THENCE along the northern legal right-of-way line of Tory Circle, South 81 degrees 35 minutes 00 seconds West, a distance of 20.00 feet to a point at the northeast corner of Lot No. 127 on the hereinafter described Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,000.00 square feet, more or less BEING Lot No. 130, Section 1, on the Final Subdivision Plan of Laurel Hills North, Lot No. 3 and Lot No. 4, dated June 1, 1992, revised August 5, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 65. BEING IMPROVED with a townhouse dwelling known as 84 Tory Circle. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Submission Plan for Laurel Hills North Lots 3 and 4, Section 1, East Pennsboro Township, Cumberland County, Pennsylvania, dated January 6, 1993, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 440, Page 63. BEING PART OF THE SAME PREMISES which Laurel Hills Development Corp., a Pennsylvania corporation, by its deed, dated August 1, 2003, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 259, Page 2633, granted and conveyed unto Nexgen Realty, LLP, a Pennsylvania registered limited liability partnership, the Grantor herein. lot 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 CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 VS. No. 10-7858 Civil Term MARK A. VOGELSONG or OCCUPANTS 84 TORY CIRCLE ENOLA, PA 17025-2657 Costs Attorney's $ 17(.:0 Plaintiff s $ 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)) US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 being: (Premises as follows): 84 TORY CIRCLE, ENOLA, PA 17025-2657 (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. David D. Buell, Prothonotary, Common Pleas Court of Cumberland County, PA Date AUGUST 4. 2011 (Seal) 2 of 2 No 10-7858 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 VS. MARK A. VOGELSONG or OCCUPANTS 84 TORY CIRCLE ENOLA, PA 17025-2657 WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 17L .50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: ALLISON F. WELLS, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 215-563-7000 ID #309519 Attorney for Plaintiff (s) By virtue of this writ, on the named _ appurtenances, and Where papers may be served day of I caused the within _, to have possession of the premises described with the So Answers, Sworn and subscribed to before me this Day of , SHERIFF'S OFFICE Of CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor US Bank Trust National Association vs. Mark A. Vogelsong 0. TES 1LRE OTHON TAR i 2011 SEP -6 AM 8: 22 CUMBERLAND' COUNTY PENNSYLVANIA Case Number 2010-7858 SHERIFF'S RETURN OF SERVICE 08/12/2011 08:46 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Writ of Possession in the above entitled action, upon the within named defendant, to wit: Mark A. Vogelsong, by making known unto Mark A. Vogelsong, personally, at 84 Tory Circle, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 08/15/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Possession as "Not Found" at 84 Tory Circle, East Pennsboro Township, Enola, PA 17025. Defendant Mark A. Vogelson is the only resident at the above address. 08/31/2011 Possession scheduled for September 1, 2011 was cancelled on this date. SHERIFF COST: $55.00 SO ANSWERS, August 31, 2011 RON R ANDERSON, SHERIFF ,7 r(i ?d . (C . &I ? 336 e ;c i;r.,ur,?ySu to S^eritf 'eleo : '[ Irc Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Plaintiff vs MARK A. VOGELSONG or occupants Defendant Attorney For Plaintiff Court of Common Pleas Civil Division z W i x; -7rn CUMBERLAND County Cn Q ' No. 10-7858 CIVIL z c o rr, --i rQ Ix` CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: MARK A. VOGELSONG or occupants 84 TORY CIRCLE ENOLA, PA 17025-2657 Date: By: A?70 William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff PHS # 258368 O Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff US BANK NATIONAL ASSOCIATION AS Court of Common Pleas TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Civil Division Plaintiff CUMBERLAND County vs No. 10-7858 CIVIL MARK A. VOGELSONG or occupants Defendant TO THE PROTHONOTARY: PRAECIPE C'7 C ? Please withdraw the complaint and mark the action Discontinued and Ended withou?3 r.a C= ;,- tr l i prejudice. rn OJ c_. =- zx F-1 Please mark the above referenced case Settled, Discontinued and Ended. -C/)cA -.0 06 ? Please Vacate the judgment entered and mark the action Discontinued and Ended > _ `•- without prejudice. y, o °r r? ® Please mark the in rem judgment Satisfied and the action Discontinued and Ended. -? rv Date: PHEL H N & SCHMIEG, LLP By: William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff PHS # 258368