HomeMy WebLinkAbout13-0651N t'hetan Hallinan, LLP
' By: Meredith Wooters, Esq., Id. No.307207
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
U.S. BANK NATIONAL ASSOCIATION AS A
TRUSTEE FOR RFMSI 200759
1100 VIRGINIA DRIVE, P.O. BOX 8300
FORT WASHINGTON, PA 19034
Plaintiff
v.
CHRISTINE M. HERTZLER or Occupants
2706 EAST ROSEGARDEN BOULEVARD
A/K/A 2706 ROSEGARDEN BOULEVARD
MECHANICSBURG, PA 17055-5309
Defendant
Attorney for Plaintiff
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Court of Common Pleas
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Civil Division ~~ ~ ~'`=T
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CUMBERLAND County ~ ~ ca
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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 # 311949 ,/
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1.+ Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9.
2. Defendant is CHRISTINE M. HERTZLER or Occupants.
3. Plaintiff is the record owner of premises located at 2706 EAST ROSEGARDEN BOULEVARD,
A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309, 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 10/03/2012, as evidenced by the Sheriffs deed recorded
01/03/2013 in the Office of the Recorder of CUMBERLAND County in Instrument No.
20130017.
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 house and lot of ground situate in Upper Allen Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point in the eastern line of Rosegarden Boulevard (East), which said point is
in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lots; thence
extending along the division line between Lots Nos. 3 and 4 on said plan, South 74 degrees 25
minutes 33 seconds East, 134.00 feet to a point in the western dedicated right of way line of a
public township road (T-621); thence extending along the western dedicated right of way line of
said public township road (T-621), South 15 degrees 34 minutes 27 seconds West, 78.0 feet to a
point at corner of Lot No. 5 on the hereinafter mentioned Plan of lots; thence extending along the
division line between Lots No. 4 and 5 on said plan, North 74 degrees 25 minutes 33 seconds
West, 134.0 feet to a point in the eastern line of Rosegarden Boulevard (East), aforementioned;
thence extending along the eastern line of Rosegarden Boulevard (East), North 15 degrees 34
minutes 27 seconds East, 78.0 feet to a point in the division line between Lots Nos. 3 and 4 on
the hereinafter mentioned plan of lots, aforementioned, at the point and Place of BEGINNING.
BEING LOT NO.4 BLOCK G on the Plan of Section 2 of Rosegarden, which said plan is
recorded in Plan Book 28, page 141, Cumberland County records.
FURTHER UNDER AND SUBJECT TO THE restrictions and conditions of prior record as
shown in Deed Book M, Volume 27, page 497.
UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations,
conditions and rights of way of record or visible upon inspection of premises.
TITLE TO SAID PREMISES IS VESTED IN Terry L. Hertzler and Christine M. Hertzler, h/w,
by Deed from Yong Sun Hurley, single woman, dated 08/28/1998, recorded 09/01/1998 in Book
184, Page 575.
PREMISES BEING: 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706
ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309
PARCEL N0.42-31-2153-111
'.
VERIFICATION
R@b@CCa Dawn B8t@~ ,hereby states that he/she is ~u ~ qtr ~i Zf ~ C'~l C P
(name) (Title)
of C3~'Y~ ~ ~ E._ +(~C~~ (. ~ LL(servicing agent for U.S. BANK
NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 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.
~ ~ C ~ .° rZ
Signature
DATE. _ I ~- 3 Il, ~ 3
PI35 # 311949
Return to: Phelan Hallinan, LLP
One Penn Center, suite 1400
1617 JFK Boulevard
Philadelphia, PA 19103
Attn: Eviction Department
PHS # 311949