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Home My WebLink About11-3391Phelan Hallinan & Schmieg, LLP By: 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 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 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Federal National Mortgage Association P.O. Box 650043 Dallas, TX 75265 V. DONNA HOT1 AM or Occupants 2 NORTH LOCUST STREET, UNIT B A/K/A 6 NORTH LOCUST STREET SHIREMANSTOWN, PA 17011-6376 Attorney for Plaintiff FILED-OFFICE OF THE PROTHONOTARY 2011 APR - I AM 10# 26 CUMBERLAND COUNTY PENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No. / ! 7>__? r CIVIL ACTION - EJECTMENT (%o'i I "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 PHS # 267132 C,? # M/ -7 jyjt,4#_5 7 339 1. Plaintiff is Federal National Mortgage Association. 2. Defendant is DONNA HOTHAM or Occupants. 3. Plaintiff is the record owner of premises located at 2 NORTH LOCUST STREET, UNIT B, A/K/A 6 NORTH LOCUST STREET, SHIREMANSTOWN, PA 17011-6376, 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 03/02/2011, as evidenced by the Sheriffs deed recorded 03/24/2011 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201109146. 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 Darehce T. Phelan, q., Id. 32227 Fr cis S. Hallman, Esq., Id. No. 62695 niel G. Schmieg, Esq., Id. No. 62205 ichele 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 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 William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff W Legal Description ALL THAT CERTAIN piece, parcel and tract of land, together with the improvements thereon erected, situate in the Borough of Shiremanstown, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described herein, to wit: BEGINNING at a point on the eastern right-of-way line of Locust Street 24.5 foot right-of-way said point being at the Southwest corner of Lot No. 4 on the hereinafter mentioned Plan of Lots; thence by Lot No. 4 North 86 degrees 38 minutes 38 seconds East, a distance of 100.00 feet to a point at Lot No. 5 on the hereinafter mentioned Plan of Lots; thence by Lot No. 5 South 03 degrees 35 minutes 00 second East, a distance of 20.00 feet to a point at Lot No. 2 on the hereinafter mentioned Plan of Lots; thence by Lot No. 2 South 86 degrees 38 minutes 38 seconds West, a distance of 100.00 feet to a point at the eastern right-of-way line of Locust Street; thence by the eastern right-of-way line of Locust Street North 03 degrees 35 minutes 00 second West, a distance of 20.00 feet to a point at Lot No. 4 on the hereinafter mentioned Plan of Lots, the point and place of BEGINNING. BEING Lot No. 3 on the Land Development Plan for Russell C. Goodling recorded in Cumberland County Plan Book 65, Page 119, and containing 2,000.00 square feet or 0.45 acres. HAVING THEREON ERECTED a townhouse known and numbered as 2 North Locust Street, Unit B. UNDER AND SUBJECT TO A CERTAIN Declaration of Easement, Right-of-Way and Maintenance Responsibility recorded in Cumberland County Miscellaneous Book Page BEING A PART OF THE PREMISES WHICH Mary Ann Quigley by her deed dated July 28, 1992, and recorded July 30, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book U35, Page 697, granted and conveyed unto Russell C. Goodling, one of the Grantors herein. PREMISES: 2 NORTH LOCUST STREET 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 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. 3/36 Date Pig VIIII La re ce T. Phe jEsq?in, Fra cis S. Hallinan, Esquire D iel G. Schmieg, Esquire ichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED_ Sheriff FFj 4 ???qT OF SHE PRpTtqtl?#0 Jody S Smith ZOf 1 Chief Deputy APR I t PM 12. ? Richard W Stewart ?R? A?R(Q (? Solicitor car ,ue r'HE s-ER4FeDPlBERLA DnT%,. PENNSYLVANIA Federal National Mortgage Association vs. Donna L. Hotham Case Number 2011-3391 SHERIFF'S RETURN OF SERVICE 04/07/2011 04:33 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 7, 2011 at 1633 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Donna L. Hotham, by making known unto herself personally, at 2 North Locust Street, Unit B, a/k/a 6 N. Locust, a/k/a 6 N. Locust Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.00 April 08, 2011 TIM BACX, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) GouniySUIte Shenff 7e,eosoft. Inc SHERIFF'S OFFICE OF CUMB Ronny R Anderson Sheriff Jody S Smith Gatr at 4??c'nb?l'4 Chief Deputy Richard W Stewart Solicitor 4FF4CE OF THE SHERIFF ,ERLAND COUNTY FIL OF TH E PROTHONOE ? rf 1011 HA y 26 py 2: 29 rUMBERLANO COUNTY PENNSYLVANIA Federal National Mortgage Association vs. Donna L. Hotham Case Number 2011-3391 SHERIFF'S RETURN OF SERVICE 05/25/2011 06:31 PM - Ronny R. Anderson, Sheriff, who being duly swom according to law, states that on May 25, 2011 at 1830 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: Occupants, of 2 North Locust Street, Unit B, a/k/a 6 North Locust Street, Shiremanstown, Cumberland County, Pennsylvania 17011-6376. The only resident of 2 North Locust Street, Unit B, a/k/a 6 North Locust Street, Shiremanstown, Cumberland County, Pennsylvania 17011-6376 is defendant Donna Hotham. Therefore, the within Writ of Possession is being returned with no service as the defendant, Occupant was NOT FOUND. 05/25/2011 06:31 PM - Robert Bitner, Deputy Sheriff, who being duly swom according to law, states that on May 25, 2011 at 1830 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Donna Hotham, by making known unto Donna Hotham personally, at 2 North Locust Street, Unit B, a/k/a 6 N Locust Street, Shiremanstown, Cumberland County, Pennsylvania 17011-6376 its contents and at the same time handing to her personally the said true and correct copy of the same. SO ANSWERS, May 26, 2011 RON R ANDERSON, SHERIFF Ro ert Bitn , Deputy !ct CountySuite Shentf. Teiw so`t. inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor .'` Li!5 i I JUN 27 A11 t : 3-1 "U M BcRLA N D i 0'01 71? f? L?$??:)YLV WA A Federal National Mortgage Association Case Number vs. Donna L. Hotham 2011-3391 SHERIFF'S RETURN OF SERVICE 05/25/2011 06:31 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on May 25, 2011 at 1830 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: Occupants, of 2 North Locust Street, Unit B, a/k/a 6 North Locust Street, Shiremanstown, Cumberland County, Pennsylvania 17011-6376. The only resident of 2 North Locust Street, Unit B, a/k/a 6 North Locust Street, Shiremanstown, Cumberland County, Pennsylvania 17011-6376 is defendant Donna Hotham. Therefore, the within Writ of Possession is being returned with no service as the defendant, Occupant was NOT FOUND. 05/25/2011 06:31 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 25, 2011 at 1830 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Donna Hotham, by making known unto Donna Hotham personally, at 2 North Locust Street, Unit B, a/k/a 6 N Locust Street, Shiremanstown, Cumberland County, Pennsylvania 17011-6376 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/22/2011 By virtue of this writ, Michelle Gutshall, Deputy Sheriff caused the within named Plaintiff to have possession of the premises described as 2 North Locust Street, Unit B, a/k/a 6 North Locust a/k/a 6 North Locust Street, Shiremanstown, Pennsylvania, 17011. Possession was given to Andrew G. Saft representative for Federal National Mortgage Association. SHERIFF COST: $105.00 June 23, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Ach e Gutshal11 :,:n1,e_,19 Pl/) /0y' e4c, 14 (ciC,i.nnrySum Sheriff, felecs:itt. Inc. lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION VS. No. 11-3391 Civil Term DONNA HOTHAM OR OCCUPANTS 2 NORTH LOCUST STREET, UNION B A/K/A 6 NORTH LOCUST STREET SHIREMANSTOWN, PA 17011-6376 Costs Attorney's $ 173.00 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)) FEDERAL NATIONAL MORTGAGE ASSOCIATION being: (Premises as follows): SEE ATTACHED DESCRIPTION (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`E -. (ell, Prothonotary, Common Pleas Court f Cumberland County, PA Date May 23, 2011 (Seal) TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hoW o?fesai?d COU at Ca d", PIL ,and the seal ??? ^. ^? ?t/`Prothornpgr? ¢" wE FWT 2of2 No 11-3391 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION VS. DONNA HOTHAM OR OCCUPANTS, 2 NORTH LOCUST STREET, UNIT B A/K/A 6 NORTH LOCUST STREET SHIREMANSTOWN, PA 17011-6376 WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 173.00 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: SHEETAL R. SHAH-JANI, ESQURIE PHELAN, HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 215-563-7000 PA ID # 81760 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of _ , Prothonotary So Answers, Sheriff By Deputy Legal Description ALL THAT CERTAIN piece, parcel and tract of land, together with the improvements thereon erected, situate in the Borough of Shiremanstown, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described herein, to wit: BEGINNING at a point on the eastern right-of-way line of Locust Street 24.5 foot right-of-way said point being at the Southwest corner of Lot No. 4 on the hereinafter mentioned Plan of Lots; thence by Lot No. 4 North 86 degrees 38 minutes 38 seconds East, a distance of 100.00 feet to a point at Lot No. 5 on the hereinafter mentioned Plan of Lots; thence by Lot No. 5 South 03 degrees 35 minutes 00 second East, a distance of 20.00 feet to a point at Lot No. 2 on the hereinafter mentioned Plan of Lots; thence by Lot No. 2 South 86 degrees 38 minutes 38 seconds West, a distance of 100.00 feet to a point at the eastern right-of-way line of Locust Street; thence by the eastern right-of-way line of Locust Street North 03 degrees 35 minutes 00 second West, a distance of 20.00 feet to a point at Lot No. 4 on the hereinafter mentioned Plan of Lots, the point and place of BEGINNING. BEING Lot No. 3 on the Land Development Plan for Russell C. Goodling recorded in Cumberland County Plan Book 65, Page 119, and containing 2,000.00 square feet or 0.45 acres. HAVING THEREON ERECTED a townhouse known and numbered as 2 North Locust Street, Unit B. UNDER AND SUBJECT TO A CERTAIN Declaration of Easement, Right-of-Way and Maintenance Responsibility recorded in Cumberland County Miscellaneous Book , Page BEING A PART OF THE PREMISES WHICH Mary Ann Quigley by her deed dated July 28, 1992, and recorded July 30, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book U35, Page 697, granted and conveyed unto Russell C. Goodling, one of the Grantors herein. Premises Being: 2 North Locust Street, Unit B a/k/a 6 North Locust Street FF1- 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 FILED-OFFICE Michele M. Bradford, Esq., Id. No. 69849 OF THE PROTHONO AR)' Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 2011 SEP _g AM 10: 3 i Jenine R. Davey, Esq., Id. No. 87077 - 7 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 CUMBERLAND COUNTY Jay B. Jones, Esq., Id. No. 86657 PENNSYLVANIA 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 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA, 19103 215-563-7000 Federal National Mortgage Association Court of Common Pleas Plaintiff Civil Division vs Cumberland County Donna Hotham No. 11-3391-CIVIL or occupants Defendant PHS# 267132 ['O THE PROTHONOTARY: PRAECIPE __ Please withdraw the complaint and mark the action discontinued and ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. __ Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please m rk Judgments satisfied and the Actiork Date, __ t By: Cc: Donna Hotham or occupants discontinued, Ph 1 , Hallinan & Schmieg LLP La r nce T. Phelan, Esq., Id. N . 32227 Fra is S. Hallinan, Esq., Id. No. 62695 Dan el 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. 817 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 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 S .oo ?C-L &Y 1 CIS //0452' -.2iV/Sod