Loading...
HomeMy WebLinkAbout13-0524Phelan Hallinan, LLP By: 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 P.O. Box 650043 Dallas, TX 75265 Plaintiff v. Attorney for Plaintiff `) c r..J ~' - G,-. wr 4 .~- . ,,-, S ~P ~ ~ ~ Court of Common Pleas `-~.~~ ~,. _ ~~, ` `'' ~;, Civil Division ~-~ • ' f "l . . ~ ^ C~ . ~-> CUMBERLAND County BECKY JO HOPKINS or Occupants ~~~ ~ 516 CAROL STREET No. `~ - NEW CUMBERLAND, PA 17070 Defendant 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 PHS # 312668 a,~~-o3.~sp~ ° ~y ~~.~ia~gNS7 ~~ agsgc~ Plaintiff is Federal National Mortgage Association. 2. Defendant is BECKY JO HOPKINS or Occupants. 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 Sheriff s deed was recorded O1 /22/2013 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201302149, and further reflects Plaintiff s ownership of the property at 516 CAROL STREET, NEW CUMBERLAND, PA 17070 (hereinafter the "Premises") is attached hereto, made part hereof, and marked 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. The legal description of the Premises is attached hereto, made part hereof, and marked 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 marked as Exhibit "C". WHEREFORE, Plaintiff seeks to recover possession of the Premises. Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Phelan Hallinan, LLP EXHIBIT "A" PHS # 312668 LANDEX Document Data Instrument #: Recorded Date: 201302149 JAN 22, 2013 09:29:04 AM DEED-SHERIFF&apos;S CUMBERLAND NEW CUMBERLAND BOROUGH - 2ND WARD Book: Page: Total Pages: Parcel Numbers: 5 26230543074 Instrument Type: County: Municipality: Recording Status: Notes: GRANTOR HOPKINS,BECKY JO VERIFIED 516 CAROL ST LOT 1 PL BK 46 PG 68 GRANTEE FEDERAL NATIONAL MTG ASSOC Page 1 of 1 http://www.landex.corn/webstore/j sp/cart/DocumentSearchResults. jsp?LastName=HOPKL.. 1 /23/2013 EXHIBIT "B" PHS # 312668 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the point of intersection of the southern line of Carol Street and the line of adjoiner between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence by said line of adjoiner South 35 degrees 00 minutes East a distance of 130.00 feet to a point on the northern line of a 20.00 foot side alley; thence along said northern line South 55 degrees 00 minutes West a distance of 50.00 feet to a point; thence North 35 degrees 00 minutes West a distance of 130.00 feet to a point on the southern line of Carol Street aforesaid; thence along said southern line of Carol Street North 55 degrees 00 minutes East, a distance of 50.00 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the final subdivision plan for Carl B. Sarvis as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 46, Page 68. HAVING thereon erected a two story brick dwelling house . UNDER AND SUEJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record or visible upon inspection of premises. TITLE TO SAID PREMISES VESTED IN Becky Jo Hopkins, single woman, by Deed from William D. Rule and Beth A. Hopkins, h/w, dated 10129/2008, recorded 11/04/2008 in Instrument Number 200836188. PREMISES BEING: 516 CAROL STREET, NEW CUMBERLAND, PA 17070-1215 PARCEL N0.26-23-0543-074. EXHIBIT "C" PHS # 312668 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX #: 215-563-4491 Email: VIOLETA.PATORI@fedphe.com January 23, 2013 BECKY JO HOPKINS or Occupants 516 CAROL STREET NEW CUMBERLAND, PA 17070 RE: 516 CAROL STREET NEW CUMBERLAND, PA 17070 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 11/07/2012. 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 Hallin ,I, P M re rt. o ers, 'sq., Id. No.307207 Attorney for Plaintiff Phelan Hallinan, LLP PHS # 312668 ~r.L.'.ill~l4~t~h°i ~ ~~f V l- ~~0~(1Y~~~, Y~'~~-. ,,,_.___... am empk~~•c~~ by~ ihu flair€tia`f cc~rh~rati~>n w€~; ti~r€ .Asset 1~~ _ <~:.r~;~~r ~€r,ci clc~ l~ea~e13~° ~~er•ifd~ that the lact~€~~1 alie~atic>>~;~ set I~c~rth ir€ °,~ic~ 9i~r~e~c>ir~~ ~.r,_ ~a.€r: ~€rci eurrec~t icf th~~ he:~t cal` m~:~ kr€t>e~itcl~;e. ,.:>r i-~fi~rznat-c~r~ ~u€d itei€et~ l?~rsecl i3rr ;:;€l _ € r_ tiini~r?n~~ati~lr. 1 u€~der•st~sr~ that t~~l5e statc~~r3~etxis th4~€~ein ire €x€;:€cit ~~€~r~ett ti~P tl~~ }~€. 1 k 1'~€ C'.°~, ~1~)1)~ rely€tit~~ to unsti~ur€~ !t~ltiilii;ati€>r€ tr} aut4~tsritits. f3€~~~ Prir€itd'~i~rzr~~:, ~~~t~.l'~ F~'~~~ iZ~°t€~t~t€ [4=' l'h~ an llal(inat~, 1_,1_1' ~:.)~~e I'L=r7ra f~;cY~t~r, Suitt lLkf)C€ 1 {_ ' .~1~`K l~c>~~lw ~ zr~ 1tt€~: 1~~-iciic~n I.)e~artrxte~t I'FiS it ~1?~~68 Phelan Hallinan,LLP Adam H.-Davis,Esq.,Id. No.203034 1617 HK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia,PA 19103 n 215-563-7000 Federal National Mortgage Association w s Plaintiff COURT OF COMMON PLEAS '°co ro CIVIL DIVISION vs No. 13-524 CIVIL s -n BECKY JO HOPKINS Or occupants a o fr 516 CAROL STREET _- NEW CUMBERLAND, PA 17070 CUMBERLAND County �'?, N s . Defendant PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of Plaintiff, Federal National Mortgage Association and against the Defendant(s) BECKY JO HOPKINS and Or occupants for possession of premises 516 CAROL STREET, NEW CUMBERLAND, PA 17070 for failure to file an Answer within twenty (20) days of service. I hereby 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 of which is attached hereto. 1 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP Default Judgment entered as indicated above. DATE: a� � Doti �,®ham Phelan Hallinan,LLP Adani H.4)avis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Federal National Mortgage Association Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs No. 13-524 CIVIL BECKY JO HOPKINS Or occupants 516 CAROL STREET CUMBERLAND County NEW CUMBERLAND, PA 17070 Defendant 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 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 BECKY JO HOPKINS and/or occupant(s)resides at 516 CAROL STREET, NEW CUMBERLAND, PA 17070. (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 relating to unsworn falsification to authorities, Date: Avril 8,2013 /Y Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHS #312668 Phelan Hallinan, LLP Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Federal National Mortgage Association Court of Common Pleas Plaintiff Civil Division VS No. 13-524 CIVIL BECKY JO HOPKINS or Occupants Defendant CUMBERLAND COUNTY TO: BECKY JO HOPKINS or Occupants 516 CAROL STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: March 21, 2013 ** 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 NOTICE 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 of 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. 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: Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717)249-3166 (717) 240-6195 eF Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP PHS # 312668 PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Federal National Mortgage Association Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs No. 13-524 CIVIL BECKY JO HOPKINS Or occupants 516 CAROL STREET NEW CUMBERLAND, PA 17070 CUMBERLAND County 10 ©? Defendant PR,4ECIPE FOR WRIT OF POSSESSION Zt7 3 v CA TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 516 CAROL STREET,NEW CUMBERLAND, PA 17070 "PLEASE SEE THE ATTACHED LEGAL DESCRIPTION" Being Known as No. 516 CAROL STREET Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP DATE: —0 ot ,o0 77S a W � w� Legal Description ALL THAT CERTAIN piece or parcel of land, situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the point of intersection of the southern line of Carol Street and the line of adjoiner between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence by said line of adjoiner South 35 degrees 00 minutes East a distance of 130.00 feet to a point on the northern line of a 20.00 foot side alley; thence along said northern line South 55 degrees 00 minutes West a distance of 50.00 feet to a point;thence North 35 degrees 00 minutes West a distance of 130.00 feet to a point on the southern line of Carol Street aforesaid; thence along said southern line of Carol Street North 55 degrees 00 minutes East, a distance of 50.00 feet to a point,the place of BEGINNING. BEING Lot No. I on the final subdivision plan for Carl B. Sarvis as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 46, Page 68. HAVING THEREON ERECTED a two story brick dwelling house known and numbered 516 Carol Street, New Cumberland, Pennsylvania. BEING THE SAME PREMISES which Stephen L. Meck and Mary L. Meck, husband and wife, by their deed dated October 29,2002 and recorded November 13, 2002 in Deed Book 254, Page 2567, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto William D. Rule and Beth A. Hopkins,the Grantors herein. W2 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. 13-524 Civil Term_ BECKY JO HOPKINS OR OCCUPANTS 516 CAROL STREET NEW CUMBERLAND, PA 17070 Costs Attorney's $247.75 Plaintiff s $ Prothonotary $2.25 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): **516 CAROL STREET,NEW CUMBERLAND,PA 17070** **SEE ENCLOSED PROPERTY 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 D. Bu othonota Common Pleas Court of C In berland County, PA Date 4/9/13 (Seal) 2 of 2 No 13-524 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION VS. BECKY JO HOPKINS OR OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 22 .75 Plff(s) $ Prothy $ 2 25 Sheriff $ Plaintiff(s)attorney name and address: ADAM DAVIS, ESQUIRE ID 4203034 PHELAN HALLINAN,LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 (215) 563-7000 Attorney for Plaintiff(s) Where papers may be served By virtue of this writ,on the day of named I I caused the within appurtenances, and to have possession of the premises described with the Sworn and subscribed to before me this So Answers, Day of Sheriff By Prothonotary Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY � � ri, x:. i s i Ronny R Anderson .,Sheriff ter~- ter+, �, i Jody S Smith Chief Deputy 3>c) 3' C.)"r, Richard W Stewart p. W <--) ' Solicitor Federal National Mortgage Association Case Number vs. Becky Jo Hopkins 2013-524 SHERIFF'S RETURN OF SERVICE 04/30/2013 05:53 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Possession by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Becky Jo Hopkins at 516 Carol Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County, and informed Defendant of contents of same. 04/30/2013 05:53 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Possession by"personally" handing a true and attested copy to a person representing themselves to be the occupant, to wit: Becky Jo Hopkins at 516 Carol Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County, and informed Defendant of contents of same. SO ANSWERS, May 01, 2013 RONIVY ANDERSON, SHERIFF Sherr4'..Te;eoso' ...,. i i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson dy S Smith ' IV hief Deputy p 5 ,. 4J Richard W Stewart Solicitor OFFi r- Tt=%$N_�RIFF j Federal National Mortgage Association vs Case Number 1 Becky Jo Hopkins 2013-524 i SHERIFF'S RETURN OF SERVICE 04/30/2013 05:53 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Possession by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Becky Jo Hopkins at 516 Carol Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County, and informed Defendant of contents of same. 04/30/2013 05:53 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Possession by"personally" handing a true and attested copy to a person representing themselves to be the occupant,to wit: Becky Jo Hopkins at 516 Carol Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County, and informed Defendant of contents of same. 06/03/2013 By virtue of this writ, Sheriff Ronny R.Anderson caused the within named Plaintiff to have possession of the premises described as 516 Carol Street, New Cumberland Borough, New Cumberland, PA 17070. SHERIFF COST: $159.68 SO ANSWERS, June 04, 2013 RbNW R ANDERSON, SHERIFF 91 I ri FILED--OFFICE DF THE Pf O T HONOTAR'*( Phelan Hallinan,LLP 2013 JUN 24 All 9: 6 Attorney For Plaintiff 1617 JFK Boulevard,SuiteddMERLAND COUNTY One Penn Center Plaza PEtINSYL.VANIA Philadelphia,PA 19103 215-563-7000 FEDERAL NATIONAL MORTGAGE Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs CUMBERLAND County BECKY JO HOPKINS No. 13-524 CIVIL OrOccupants Defendant PRAECIPE TO THE PROTHONOTARY: ED Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Q Please Vacate the judg m.ent entered and mark the action Discontinued and Ended without.prejudice. ® Please mark the judgment Satisfied and the action Discontinued and Ended. Please Vacate the Judgment entered. Date: / PHELAN HALLINAN, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHS # 312668 Phelan Hallinan, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FEDERAL NATIONAL MORTGAGE Courtof .Common Pleas ASSOCIATION Plaintiff Civil Division V. CUMBERLAND County BECKY JO HOPKINS No. 13-524 CIVIL Or Occupants Defendant PHS # 312668 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed belo w: BECKY JO HOP.KINS Or Occupants 516 CAROL STREET NEW CUMBERLAND, PA 17070 Date: O/W �! /X ' PHELAN HALLINAN, LLP B y• t Adam H. Davis, Esq., Id.No.2030.34 Attorney for Plaintiff