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HomeMy WebLinkAbout12-6982Phelan Hallman & Schmieg, LLP By: Allison F. Wells, Esq., Id. No.309519 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 Plaintiff v. CHAD S. RHOADES or Occupants 202 WEST MAIN STREET, UNITS 1 & 2 MECHANICSBURG, PA 17055-6227 Defendant Attorney for Plaintiff = `~= ~, _~ ~. ._y. r- 3 „t.,1 «- ~_- ~i U7ty ~' ~.W- =c~ Court of Common Pleas ~ ~' --- ~- . -`'' ~, Civil Division --~ CUMBERLAND County . a ~,~~ No. ) o~ - ~.6 1 CIVIL ACTION -EJECTMENT c. i~~ ~~ 3 .w ~ .._ ~ -~ < r c~ ~t-~ - . **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 aze 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 Baz Association 32 South Bedford Street Cazlisle, PA 17013 (717) 249-3166 PHS # 309672 a~,~ 03.75pda ~ ~ ~~i~s ~~aas~c~3 1. Plaintiff is Federal National Mortgage Association. 2. Defendant is CHAD S. RHOADES or Occupants. 3. A true and correct copy of the Recorder of Deeds Index Display is in the possession, custody or control of Plaintiff which reflects that a Sheriffs deed was recorded 10/29/2012 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201233351, and further reflects Plaintiffs ownership of the property at 202 WEST MAIN STREET, UNITS 1 & 2, MECHANICSBURG, PA 17055-6227 (hereinafter the "Premises") is attached hereto, made part hereof, and mazked as Exhibit "A". 4. Plaintiff, by virtue of the above, contends that it is the record owner of the Premises, and is entitled to possession thereof. Plaintiff is informed that the defendant is occupying the Premises without right and without claim of title. 5. The legal description of the Premises is attached hereto, made part hereof, and mazked as Exhibit ..B.. 6. A true and correct copy of Plaintiffs letter demanding possession of the Premises from the Defendants, who have refused to deliver possession of same, is attached hereto, made part hereof, and mazked as Exhibit "C". WHEREFORE, Plaintiff seeks to recover possession of the Premises. Allison F. Well sq., Id. No.309519 Attorney for Plaintiff Phelan Hallinan &. Schmieg, LLP EXHIBIT "A" PHS # 309672 L:ANDEX Document Data Instrument #: Recorded Date: 201233351 OCT 29, 2012 10:37:41 AM DEED-SHERIFF&apos;S CUMBERLAND MECHANICSBURG BOROUGH - 4TH WARD VERIFIED 202 W MAIN ST Book: Page: Total Pages: Parcel Numbers: 5 19230567175 Instrument Type: County: Municipality: Recording Status: Notes: GRANTOR RHOADES,CHAD S GRANTEE FEDERAL NATIONAL MTG ASSOC Page 1 of 1 http://www.landex.com/webstore/jsp/cart/DocumentSearchResults.jsp?LastName=RHOA... 11/5/2012 EXHIBIT "B" PHS # 309672 LEGAL DESCRIPTION ALL THAT CERTAIN two and a half story brick dwelling house numbered 202 West Main Street, being the Western half of a double house, and lot of ground situate in the Borough of Mechanicsburg, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the building line of West Main Street and at a corner of property now or formerly of Henry S. Kane, Jr., and Elizabeth H. Kane, his wife; thence Eastwardly along the said building line 24 feet to a point on the Eastern line of an alleyway which separates the house herein conveyed and the house on the property now or formerly of Harry E. Mullen and Faye E. Mullen, his wife; thence Northwardly along the line of said property wich line runs from the point above mentioned to the corner of the two-story brick stable and garage building, a distance of 202 feet, more or less, to the South line of Strawberry Alley 22.5 feeet, more or less, to a point at the corner of land now or formerly of said Henry S. Kane Jr., and Elizabeth H. Kane, his wife; thence Southwardly along the line of said land now or formerly of said Henry S. Kane, Jr., and Elizabeth H. Kane, his wife, a distance of 202 feet, more or less, to the building line of West Main Street, the Place of BEGINNING. THIS CONVEYANCE is made subject, however, to the right of egress, ingress, and regress, on the part of the owners of the land adjacent hereto on the East, their heirs and assigns over the four (4) foot passageway at the rear of the lot herein conveyed, which extends Southwardly from the line of Strawberry Alley along the two-story brick stable and garage building on said adjoining land to the corner of said building and a few feet beyond. THIS CONVEYANCE is also made subject, however, to the right of user on the part of the owners of the land adjacent hereto on the East, their heirs and assigns, in common with the grantees herein, their heirs and assigns, of the cess pool which lies in both tracts of land, in accordance with the terms and conditions set forth in the Deed from C. Richard Brandt and Pauline G. Brandt, his wife, to Irvin W. McConnell and Mary Susannah McConnell, his wife, dated December 3, 1941, and recorded in Deed Book M, Volume 12, Page 16. TITLE TO SAID PREMISES VESTED IN Chad S. Rhoades, single man, by Deed from Bruce A. Ruth and Patricia K. Ruth, his wife, dated 02/14/1998, recorded 02/23/1998 in Book 172, Page 407. PREMISES BEING: 202 WEST MAIN STREET, MECHANICSBURG, PA 17055-6227 PARCEL NO.19-23-0567-175. EXHIBIT "C" PHS # 309672 ' PNELA~i • HAI..LINAN SCHf'VIIEG 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX #: 215-563-4491 Email: VIOLETA.PATORI@fedphe.com November 6, 2012 CHAD S. RHOADES or Occupants 202 WEST MAIN STREET, UNIT 1 MECHANICSBURG, PA 17055-6227 RE: 202 WEST MAIN STREET, UNIT 1 MECHANICSBURG, PA 17055-6227 Dear Occupant: We represent Federal National Mortgage Association which became owner of the above premises as a result of foreclosure and judicial sale by the Sheriff of the County of CUMBERLAND on 09/05/2012. You are now in possession of the premises without authority or permission of our client and you must vacate immediately. Unless you immediately vacate the premises and make them available for possession, court action will be taken against you at once. Very truly yours, Phelan Hallinan & Sc ~, LLP Allison F~s~sq.; Id. No.309519 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP PHS # 309672 PNELAN ' H~~.LIN~1N ~~ S C H ivl I E G 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX #: 215-563-4491 Email: VIOLETA.PATORI@fedphe.com November 6, 2012 CHAD S. RHOADES or Occupants 202 WEST MAIN STREET, UNIT 2 MECHANICSBURG, PA 17055-6227 RE: 202 WEST MAIN STREET, UNIT 2 MECHANICSBURG, PA 17055-6227 Dear Occupant: We represent Federal National Mortgage Association which became owner of the above premises as a result of foreclosure and judicial sale by the Sheriff of the County of CUMBERLAND on 09/05/2012. You are now in possession of the premises without authority or permission of our client and you must vacate immediately. Unless you immediately vacate the premises and make them available for possession, court action will be taken against you at once. Very truly yours, Phelan Hallinan Allison F. V~~Ei-~i 0.309519 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP PFIS # 309672 V~FI~ATION I} Christopher Wolfe am employed by the Plaintiff corporation as an Asset Recovery Manager and do hereby verify that the factual. allegations set forth in the foregoing Complaint arc true and correct to the best of my kn©wledge or iztformatlon and belief based an corporate sources of information. i understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 49~ relating to unsvvom falsification to authorities. _. Date: 11 /13/2012 p~~ l+,l~e; Christop Wolfe TitleefDepartment: Asset Recovery Manager Company: PHS # 349672 / REO # F1209JT Return to: Phelan., Hallman & Schmieg, LLP fine Penn Center, Suite 1404 1617 JFK Boulevard Philadelphia, PA 19143 Attn: Eviction Department Fannie Mae PHS # 349672 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ..~~~°~t+~ ut ~i~iu;;~i~f~ii Jody S Smith ~' ~' r•.: . , Chief Deputy c.= ~-~` -~• N l Richard W Stewart r ~ ~ rn ~ ,--1. Solicitor ~~~ -~~ ~~-~t~~ ~. ~ ~:. --G r:; . - " Federal National Mortgage Association "" ~' ""` ~~ Numbe ~. . -~'.u-, ,~ , r-~-, vs. 2~2-8"~2 -'; Chad S. Rhoades ~ r:, SHERIFF'S RETURN OF SERVICE 11/26/2012 06:56 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Peggy Wilson, Tenant and Mother of defendant, who accepted as "Adult Person in Charge" for Chad S. Rhoades at 202 W. Main Street, Unit 1, Mechanicsburg Borough, Mechanicsburg, PA 17055. RYA BURGETT, D T 11/26/2012 06:56 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Peggy Wilson, Tenant and Mother of defendant, who accepted as "Adult Person in Charge" for Chad S. Rhoades at 202 W. Main Street, Unit 2, Mechanicsburg Borough, Mechanicsburg, PA 17055. SHERIFF COST: $54.00 November 27, 2012 ~ -- , --- RYAN BU , DEP SO ANSWERS, RON R ANDERSON, SHERIFF vou~ ; ~ : sr:~ ~, i ~~-~t i~~, Phelan Hallinan, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. CHAD S. RHOADES or Occupants Defendant Attorney for Plaintiff Court of Common Pleas Civil Division No. 12-6982 CIVIL CUMBERLAND County PRAECIPE TO INDEX PEGGY WILSON AS DEFENDANT TO THE PROTHONOTARY: Pursuant to P.A. RCP. 410 (b)(2), kindly index PEGGY WILSON as Defendant in the above captioned matter. PEGGY WILSON was found in possession of the premises located at 202 WEST MAIN STREET, UNITS 1 & 2, MECHANICSBURG, PA 17055-6227 and was served with a copy of the Complaint on November 26, 2012. Meredith Wooters, sq., Id. No.307207 Attorney for Plaintiff Phelan Hallinan, LLP Date: December 18, 2012 PHS # 309672