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HomeMy WebLinkAbout13-0596Phelan Hallinan, LLP By: Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 ,. , ,r..., '=', One Penn Center Plaza ~ ~ --' Philadelphia, PA 19103 ~ m s -.:_` 215-563-7000 ~ °C' "~ `"`± ~~ ~ DEUTSCHE BANK TRUST COMPANY Court of Common Pleas ~ AMERICAS AS TRUSTEE FOR RALI 2006QS7 v c~ ~~ ~ _ :, ~ ,~. ~~_-, 1100 VIRGINIA DRIVE, P.O. BOX 8300 Civil Division ~ ~ `a t "'' FORT WASHINGTON, PA 19034 ~-{ ~. `~'- m. Plaintiff CUMBERLAND County v. ~ luO JOHN J. DONELON A/K/A JOHN J. DONELON, No. ~ 3 -S~ JR or Occupants 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 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 # 314844 a~~,o3.`lspd Q+~ ~~ a ~ 3 ,~ ~ 1. Plaintiff is DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RALI 2006QS7. 2. Defendant is JOHN J. DONELON A/K/A JOHN J. DONELON, JR or Occupants. 3. Plaintiff is the record owner of premises located at 1106 OYSTER MILL ROAD, CAMP HILL, PA 17011-1003, 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 12/05/2012, as evidenced by the Sheriffs deed recorded 01/14/2013 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201301439. 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 the Premises. Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot of land, with the improvements thereon erected, situate in the Township of East Pennsboro, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, twelve hundred forty-one (1241) feet northward from a division line between lands now or formerly of Robert J. Strong and Edward D. McClune; thence in a northeastern direction, along lands now or formerly of Strong, one hundred fifty-four (154) feet to a point, marked by a post, at a corner of land and a public road leading from Heck's Bridge; thence along said public road, in a southeastern direction one hundred thirty-five (135) feet to a point at other lands now or formerly of Edward B. McClune; thence along lands now or formerly of Edward B. McClune, In, in a southwestern direction, one hundred forty-six (146) feet to a point, marked by an iron pin, at corner of lands of Robert J. Strong; thence in a northern direction, along lands of Robert J. Strong one hundred thirty-nine (139) feet six (6) inches to the place of beginning. HAVING THEREON ERECTED aone-story structure and outbuildings. UNDER AND SUBJECT to all conditions, restrictions and easements of records. TITLE TO SAID PREMISES VESTED IN John J. Donelon, Jr., and Janice L. Donelon, h/w, by deed from Tricia A. Colyer, n/k/a Tricia A. Frankenstein and Jesse Frankenstein, h/w, recorded 05/31/2006 in book 274, page 4043. PREMISES BEING: 1106 OYSTER MILL ROAD, CAMP HILL, PA 17011-1003 PARCEL N0.09-16-1054-014 6 ~ O V RIF~%TION 888 hereby states that he/she is ~'ll.~l('j ~~ C,~1`t-I t 2 it (name} (Title} of C ~,,,,,~,C_~ervicing agent for DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE FOR RAL12006QS7 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. Signature DATE: ~ ~-~ PHS # 314844 Return to: Phelan Hallinan, LLP One Penn Center, suite 1400 1617 TFK Boulevard Philadelphia, PA 19103 Attn: Eviction Department PHS # 314844 Phelan Hallinan, LLP Adam H. Davis,Esq.,Id.No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia,PA 19103 Attorney for Plaintiff 215-563-7000 DEUTSCHE BANK TRUST COMPANY Court of Common Pleas AMERICAS AS TRUSTEE FOR RALI 2006QS7 c-a ca c Plaintiff Civil Division ZZ; ---; VS. CUMBERLAND County 2m _ No. 13-596-CIVIL JOHN J. DONELON A/K/A Action in Ejectment © JOHN J. DONELON, JR Or occupants 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 N Defendant -` MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff,by its counsel, Phelan Hallinan, LLP,moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants by regular mail, and posting of the premises and in support thereof avers as follows: 1. Plaintiff commenced this action by filing a Complaint in Ejectment. 2. Attempts to serve Defendants with the Complaint have been unsuccessful. Plaintiff attempted to serve the Defendants on February 12,2013 as indicated by the Affidavit of Service attached hereto as Exhibit A. 3. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results from there are attached hereto as Exhibit B. 4. Plaintiff submits that is has made a good faith effort to locate the Defendants,but has been unable to do so. 5. Plaintiff verified through property inspection on March 19, 2013 that the property was occupied by an unknown person. ' 6. Please sent proposed Motion for alternate service for concurrence pursuant to Cumberland County Local Rule 208.3(3)on April 29, 2013. A true and correct copy of said notice is attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint and all future pleadings by regular mail and posting of the premises Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP Date: April 29, 2013 r Phelan Hallinan, LLP Adam H. Davis,Esq.,Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff 215-563-7000 DEUTSCHE BANK TRUST COMPANY Court of Common Pleas AMERICAS AS TRUSTEE FOR RALI 2006QS7 Plaintiff Civil Division VS. CUMBERLAND County No. 13-596-CIVIL JOHN J. DONELON A/K/A Action in Ejectment JOHN J. DONELON, JR Or occupants 1106 OYSTER MILL ROAD CAMP HILL,PA 17011-1003 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Pennsylvania Rule of Civil Procedure 430(a)specifically provides: If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service cannot be made. Although Plaintiff has attempted to serve Defendants with the Complaint, Plaintiffs attempts have been unsuccessful. A true and correct copy of the Affidavit of No Service is attached hereto, made part hereof, and marked Exhibit A. Accordingly, Plaintiff ordered an investigation into the whereabouts of Defendants. A true and correct copy of the Affidavit of Reasonable Investigation is attached hereto, made part hereof, and marked as Exhibit B. The Affidavit reflects that Plaintiffs investigator has made at least three types of inquires listed under Rule 403.1(B}(1). Copies of any written responses obtained are attached to the Affidavit. The Affidavit also specifies the inquires made, responses made, and dates thereof, in accordance with Rule 430.1(B)(2). As Plaintiffs within motion and its affidavit are both in compliance with the applicable Pennsylvania and local rules, Plaintiff respectfully requests that its motion be granted. WHEREFORE, Plaintiff respectfully requests permission to serve the Complaint and all future pleadings by regular mail and posting of the premises. Respectfully Submitted: Owl Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Date: April 29, 2013 Phelan Hallinan, LLP EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t Jody S Smith Y : . Chief Deputy Richard W Stewart « Solicitor sr�tsdt :gat< s ; Deutsche Bank Trust Company VS. Case Number John J. Donelon 2013-596 SHERIFF'S RETURN OF SERVICE 02/12/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:John J. Donelon, but was unable to locate the Defendant In his bailiwick.The Sheriff therefore returns the within requested Complaint In Ejectment as"Not Found"at 1106 Oyster Mill Road,East Pennsboro Township, Camp Hill, PA 17011. Residence is vacant.Per the Camp Hill Postmaster mail is still being delivered to this address. ` f SHERIFF COST:$43.00 SO ANSWERS, February 25, 2013 RONNY R ANDERSON,SHERIFF t {c1 v_m^tp�uii3 utMa."117,iu�G53t1 ir.r, EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 314844 Attorney Finn: Phelan,Hallinan&Schmieg,LLP Subject:. John J.Donelon Jr. Property Address: 1106 Oyster Mill Road,Camp Hill,PA 17011 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct John J.Donelon Jr.-xxx-xx-3901 B. EMPLOYMENT SEARCH John J.Donelon Jr.-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that John J. Donelon Jr.reside(s) at:1106 Oyster Mill Road,Camp FLU,PA 17011. 11.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for John J. Donelon Jr. B. On 01-04-13 our office searched directory assistance databases,which had no phone number for John J.Donelon Jr. III.INQUIRY OF NEIGHBORS On 01-04-13 our office made several phone calls in an attempt to contact Steven L. Scott(717) 695-3191,1103 Oyster Mill Road,Camp Hill,PA 1.7011: answering machine. On 01-04-13 our office made several phone calls in an attempt to contact Maryann A. Wheeler(71.7) 737-2373,1104 Oyster Mill Road,Camp Hill,PA 17011:answering machine. On 01-04-13 our office made several phone calls in an attempt to contact Melainie A. Straub (717) 730-0525,1108 Oyster Mill Road,Camp Hill,PA 17011:answering machine. IV.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 01-04-13 we reviewed the National Address database and found the following information:John J. Donelon Jr. -1106 Oyster Mill Road,Camp Hill,PA 17011. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. a V.OTHER INQUIRIES A. DEATH RECORDS As of 01-04-13 Vital Records and all public databases have no death record on file for John J.Donelon Jr. VI.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH John J. Donelon Jr. -1955 *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the Reital I s of 18 Pa C.S.Se_>4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" P_,H! ELA N HALURANup �R�pr�xentl�g le�e�s.in£+��i�lanin7a. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 FAX#: 215-563-4491 Email: JOSEPH.GARDELLIS @phelanhallinan.com April 29, 2013 John J. Donelon a/k/a John J. Donelon, Jr. Or occupants 1106 Oyster Mill road Camp Hill, PA 17011 Re: Deutsche Bank Trust Company Americas as Trustee for RALI 2006QS7 v. John J. Donelon a/k/a John J. Donelon,Jr. or occupants Cumberland County No. 13-596- Civil Dear Occupant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, service of the complaint. Please respond to me within one week, by 05/06/13. Should you have any questions,please feel free to contact me. Very truly yours, Joseph Gardellis Legal Assistant Phelan Hallinan, LLP Adam H. Davis,Esq.,Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for Plaintiff 215-563-7000 DEUTSCHE BANK TRUST COMPANY Court of Common Pleas AMERICAS AS TRUSTEE FOR RALI 2006QS7 Plaintiff Civil Division vs. CUMBERLAND County ' JOHN J. DONELON A/K/A No. 13-596-CIVIL in Ejectment JOHN J. DONELON, JR Or occupants 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Motion for Service Pursuant to Special Order was served by first class mail on the Defendant's on the date listed below: JOHN J. DONELON A/K/A JOHN J. DONELON, JR OR OCCUPANTS 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 DATE: April 29,2013 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP DEUTSCHE BAND TRUST COMPANY Court of Common Pleas AMERICAS AS TRUSTEE FOR RALI 2006QS7 Plaintiff Civil Division VS. CUMBERLAND County No. 13-596-CIVIL JOHN J. DONELON A/K/A Action in Ejectment JOHN J. DONELON, JR Or occupants 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 Defendant ORDER Zh It is ordered this day of M1b.1 , 2013 that Plaintiff's Motion for Service of Complaint and all future pleadings Pursuant to Special Order of Court is GRANTED, permitting service by: X First Class Mail to JOHN J. DONELON A/K/A JOHN J. DONELON, JR or occupants at the property which is subject to this Ejectment Action*. Service by first class mail is effective upon the date of mailing. X Posting of the property which is subject to this Ejectment Action* * the property at: 1106 OYSTER MILL ROAD CAMP HILL, PA 17011-1003 BY THE COURT: PHS # 314844 C: rn 00 s ti x Cz CT <� Q Ivivis