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Home My WebLink About13-2927 Supreme Court of Pennsylvania Coin o omm n' leas ivil Coyer S ' et, For Prothonotary Use Only: C I�R3 AND �: County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other p ap ers as required by law or rules o court. Commencement of Action: O Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: Lead Defendant's Name: C VRM (VENDOR RESOURCE MANAGEMENT), MICHAEL MCCANN or Occupants T DULY AUTHORIZED AGENT FOR THE I SECRETARY OF VETERANS AFFAIRS O Name of Plaintiff/Appellant's Attorney: Phelan Halligan, LLP N A ❑ Check here if you have no attorney are a Self-Represented [Pro Sel Litigant Are money damages requested?: ❑ Yes E(No Dollar Amount Requested: ❑ within arbitration limits (Check one) ❑ outside .. arrbitration limits Is this a Class Action Suit? Cl Yes Flo Is this an M I DJ Appeal? ❑ Yes �No Nature of the Case Place an "X" to the left: of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include CIVIL APPEALS ❑ Intentional Judgments) Administrative Agencies ❑ Malicious Prosecution ❑ Buyer Plaintiff ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance ❑ Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Employment Dispute: S ❑ Other: Discrimination ❑ Zoning Board E ❑ Employment Dispute: Other ❑ Other: C T I MASS TORT N ❑ Asbestos ❑ Other: ❑ Tobacco ❑ Toxic Tort - DES B ❑ Toxic Tort - Implant ❑ Toxic Waste REAL PROPERTY MISCELLANEOUS ❑ Other: Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute Cl Non - Domestic Relations PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure Residential Restraining Order • Dental ❑ Mortgage Foreclosure Commercial ❑ Quo Warranto • Legal ❑ Partition ❑ Replevin g • Medical 11 Quiet Title 11 Other: • Other Professional: ❑Other: Pa-R.C.P. 205.5 Updated 11112011 'Phelan Hallinan, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 C VRM (VENDOR RESOURCE . Court of Common Pleas MANAGEMENT), DULY AUTHORIZED AGENT FOR THE SECRETARY OF N tx' VETERANS AFFAIRS Civil Division �a C)_ Varo Cleveland (MDP 262PHI) �' C-) CUMBERLAND County � � � f! t P.O. Box 99640 •• Cleveland, OH 44199 /1' /�� Plaintiff No. 01 V. MICHAEL MCCANN or Occupants 919 ALISON AVENUE MECHANICSBURG, PA 17055 -3908 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 Q PHS # 319544 (717) 249 -3166 a 0 .) 75 Ct W 1 �i aaa8' 12# Plaintiff is VRM (VENDOR RESOURCE MANAGEMENT), DULY AUTHORIZED AGENT FOR THE SECRETARY OF VETERANS AFFAIRS. 2. Defendant is MICHAEL MCCANN or Occupants. 3. Plaintiff is the record owner of premises located at 919 ALISON AVENUE, MECHANICSBURG, PA 17055 -3908, 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 03/06/2013, as evidenced by the Sheriffs deed recorded 05/07/2013 in the Office of the Recorder of CUMBERLAND County in Instrument 201314820. 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. ,xt Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP Legal desciption All that certain parcel of land situated in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, being known and designated as follows: Beginning at a point on the northern line of Alison Avenue, said point being at the dividing line between Lots Nos. 20 and 21 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 03 degrees 38 minutes West, 179.90 feet to a point; thence South 66 degrees 22 minutes West, 139.87 feet to a point; thence South 23 degrees 38 minutes East, 160 feet to a point on the northern line of Alison Avenue; thence along the northern line of Alison Avenue, North 66 degrees 22 minutes East, 27.04 feet to a point; thence continuing along the northern line of Alison Avenue on a curve to the right, having a radius of 150 feet, an arc length of 52.36 feet to a point, the place of beginning. Being Lot No. 21 (erroneously stated as Lot No. 1 on prior deed) on Plan No. 1 of Heritage Acres, said plan being recorded in Cumberland County Recorder's Office in Plan Book 17, Page 60. Tax ID: 17 -24- 0791 -008 Premises: 919 ALISON AVENUE 1 VERIFICATION hereby states name.) he /she is ( . � of (title) servicing agent for VRM (Vendor Resource Management), as duly authorized property management contractor as referenced in the signatory line below, in this matter, that he /she is authorized to make this Verification, and that the 3 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 i made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. VRM (VENDOR RESOURCE MANAGEMENT), DULY AUTHORIZED AGENT FOR THE SECRETARY OF V ERANS AF RS 1 8ign - a DATE: ') 1 PHS #: PHS # 319544 Return to: Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attn: Eviction Department PHS # 319544 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r',-(?ED-01c !C; Sheriff THE PROTHflNQ TAR% �C},kti4XL1 �1q � Jody S Smith r 2013 JUN 14 1 FM 345 Chief Deputy Richard W Stewart =''= Solicitor oF ; m ,F CUMBERLAND COUNTY PENNSYLVANIA VRM Vendor Resource Managment, Duly Authorized Agent for the Secretary Case Number vs. 2013-2927 Michael McCann SHERIFF'S RETURN OF SERVICE 06/04/2013 11:35 AM- Noah Cline, Deputy Sheriff served the requested Complaint in Ejectment by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Michael McCann at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. NOAH CLINE, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, June 06, 2013 RON R ANDERSON, SHERIFF (c)CountySuilo Sheriff,Toleosoff,Inc. COURT OF COMMON PLEAS - CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -EJECTMENT RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants Attorney I.D. No.: 52877 705 West Haverford Road, Suite I Bryn Mawr,PA 19010-3128 (610) 896-3700 VRM (Vendor Resource Management) Varo Cleveland (MDP 262PHI r-z P.O. Box 99640 C-D Cleveland, OH 44199 q Z-1 v < No.: 13-2927 CIVIL Michael McCann or Occupants 919 Alison Avenue Mechanicsburg, PA 17055-3908 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants in the above-captioned cause of action. HARD F. WEINSTEIN,ESQUIRE Attorney for Defendants i TO: PLAINTIFF: w You are hereby notified to file a written response to the enclosed New Matter within F�L I � iE � 20 days from service hereof or a judgment c 1 may be entered against you. .!—� RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants COURT OF COMMON PLEAS - CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - EJECTMENT RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants Attorney I.D. No.: 52877 705 West Haverford Road, Suite I Bryn Mawr, PA 19010-3128 (610) 896-3700 VRM (Vendor Resource Management) Varo Cleveland (MDP 262PHI P.O. Box 99640 Cleveland, OH 44199 v No.: 13-2927 CIVIL Michael McCann or Occupants 919 Alison Avenue Mechanicsburg, PA 17055-3908 ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT I. Admitted. 2. Admitted. 3. This allegation is denied as a conclusion of law for which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. The written document as such speaks for itself. 1 4. The written document as such speaks for itself. 5. This allegation is denied as a conclusion of law for which no response is required pursuant to the Pennsylvania Rules of Civil Procedure, 6. After reasonable investigation Defendants are without information or knowledge sufficient to form a belief as to the truth of the matter averred therein and are therefore compelled to deny same and demand strict proof of the matter alleged at trial. WHEREFORE, Defendants pray your honorable Court for judgment in their favor and against Plaintiff. NEW MATTER 7. Defendants incorporate paragraphs 1-6 above as though more fully set forth at length. 8. Plaintiff's recovery is barred by the applicable Statute of Limitations. WHEREFORE, Defendants pray your honorable Court for judgment in their favor and against Plaintiff. RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants COURT OF COMMON PLEAS - CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - EJECTMENT RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants Attorney I.D. No.: 52877 705 West Haverford Road, Suite 1 Bryn Mawr, PA 19010-3128 (610) 896-3700 VRM (Vendor Resource Management) Varo Cleveland (MDP 262PHI P.O. Box 99640 : Cleveland, OH 44199 - v : No.: 13-2927 CIVIL Michael McCann or Occupants 919 Alison Avenue Mechanicsburg, PA 17055-3908 CERTIFICATION OF SERVICE I, Richard F. Weinstein, Esquire, hereby certify that a true and correct copy of the above- referenced Answer and New Matter to Plaintiff s Complaint was served upon the following by first class United States Mail, postage prepaid: Francis S. Hallinan, Esquire Phelan Hallinan LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (��ar X� RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants VERIFICATION 1, Richard F. Weinstein,Esquire, attorney for Defendants herein, hereby verify that the facts set forth in the foregoing Defendants' Answer and Tie-vN Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. This verification is being made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants r _L, Fl ^ ry_I h�+ ij'5 .,) V r.,,... e_V 1 .I "li`ERLA D CJUNTY l'EH 1SYLVAN1A PHELAN HALLINAN, LLP BY: JOSEPH P. SCHALK, ESQUIRE ATTORNEY FOR PLAINTIFF Identification No: 91656 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 7365 VRM (VENDOR RESOURCE : COURT OF COMMON PLEAS MANAGEMENT), DULY AUTHORIZED : CUMBERLAND COUNTY, PENNA. AGENT FOR THE SECRETARY OF VETERANS AFFAIRS VARO CLEVELAND (MDP 262PHI) : Civil Division P.O. BOX 99640 CLEVELAND, OH 44199, Plaintiff, : NO. 13-2927 CIVIL vs. MICHAEL MCCANN or Occupants 919 ALISON AVENUE MECHANICSBURG, PA 17055-3908, • Defendant PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW COMES the Plaintiff, VRM (Vendor Resource Management), Duly Authorized Agent for the Secretary of Veterans Affairs, by and through its attorney, Joseph P. Schalk, Esquire, and hereby files the within Reply to New Matter of Defendant, Michael McCann, and in support thereof states as follows: PHS#319544 NEW MATTER 7. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through six (6) of its Complaint in Ejectment as if set forth herein at length. 8. Denied. It is specifically denied that Plaintiffs Complaint is barred by any applicable Statute of Limitations. Plaintiff is the owner of the property at issue by virtue of a completed Sheriffs Sale. A copy of the Sheriffs Sale Deed is attached hereto, incorporated herein and marked as Exhibit"A." As owner of the property, Plaintiff is entitled to possession of the property and seeks same. Strict proof the contrary is demanded. WHEREFORE, Plaintiff respectfully requests that the Court grant the relief as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN, LLP Date: July 24, 2013 P By: J)d se P. Schalk, Esquire fttorney for Plaintiff PHS#319544 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN, LLP DATE: July 24, 2013 By: �_ Mei Jos,phi Schalk, Esquire Att irney for Plaintiff 12 r, Locust Street arrisburg, PA 17101 Telephone: 215-563-7000, Ext. 7365 PHS#319544 002Y50 3 ,y Tax Parcel No. 17-24-0791-008 Know all Men by these Presents That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of$ 1.00(One Dollar) to me in hand paid, do hereby grant and convey Secretary of Veterans Affairs, an Office of the United States of America,successor and assigns Writ No.2008-5472 Civil Term National City Mortgage,A Division of National City Bank Vs Michael McCann ALL that certain parcel of land situated in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania,being known and designated as follows: BEGINNING at a point on the Northern line of Alison Avenue, said point being at the dividing line between Lots Nos. 20 and 21 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 03° 38 West, 179.90 feet to a point; thence South 66°22 West, 139.87 feet to a point; thence South 23° 38' East, 160 feet to apoint on the Northern line of Alison Avenue; thence along the Northern line of Alison Avenue,North 66° 22' East,27.04 feet to a point; thence continuing along the Northern line of Alison Avenue on a curve to the right,having a radius of 150 feet, an arc length of 52.36 feet to a point, the place of beginning. BEING Lot No, 21 (erroneously stated as Lot No.1 on prior deed)on Plan No. 1 of Heritage Acres, said plan being recorded in Cumberland County Recorder's Office in Plan Book 17,Page 60. HAViNG erected thereon a dwelling known as 919 Alison Avenue, Mechanicsburg,PA 17055. PARCEL NO. 17-24-0791-008 BEING the same premises which Michael McCann,erroneously known as Michael McMann,by deed dated 02/07/2003 and recorded on 02/13/2003 in Cumberland County,Pennsylvania, Recorder of Deeds Office in Deed Book Volume 255,page 3775, granted and conveyed unto Michael McCann, single man. n7P1nF9n1 l R'25.11 AM CUMBERLAND COUNTY Inst.#201314820-Page 1 of 5 • The same having been sold by me to the said grantee on the 6th day of March Anno Domini Two Thousand and Thirteen (2013) after due advertisement according to law,under and by Virtue of a Writ of Execution issued on the 8th of June Anno Domini 2012 out of the Court of Common Picas of Cumberland County,Pennsylvania,as of Civil Term, Two Thousand and Eight(2008)Number 5472 at the suit of National City Mortgage,A Division of National City Bank—vs- Michael McCann m;lni91111 R-35.11 AM CUMBERLAND COUNTY Inst.#201314820-Page 2 of 5 In Witness Whereof,I have hereunto affixed my signature this 9th day of Apr i l Anno Domini Two Thousand and Thirteen(2013) 'r Mir onn '. Anderson, Sheriff Commonwealth of Pennsylvania,ss. County of Cumberland Before the undersigned,David D.Buell,Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court,this 9th day of April Anno Domini Two Thousand and Thirteen(2013) 'rothonot. . Prothonotary,Cumberland County Cart< 8.PA Comrncsiom fives the First Monday of Jan.2014 I hereby certify that the residence .0,t t t''':r;,. And Post Office address of the �,.> - ',0;' fA Within Grantee is b r' 1240 East Ninth Street Cleveland, OH 44199 • ` Richard W. tewart ........ Solicitor 07/10/2013 8:35:11 AM CUMBERLAND COUNTY Inst.#201314820-Page 3 of 5 REALTY TRANSFER TAX state Ta RP ORDER'S USE ONLY pennsytvania DEnt�rvEH.OFaev',tn STATEMENT OF VALUE cialS umber c U 3) & Bureau of Individual Taxes I Page Number PO BOX 280603 Harrisburg,PA 17128-0603 See reverse for instructions. Date Recorded Complete each section and file in dup icete with Recorder of Deeds when (1)the full value/consideration is not set forth in the deed, (2)the deed is without consideration or by gift,or(3)a tax exemption is claimed,A Statement of Value is not required if the transfer is wholly exempt from tax based on family relationship or public utility easement. If more space is needed, attach additional sheets. A. CORRESPONDENT-ALL inquiries may be directed to the following person: Name Telephone Number: Vitti&Vitti&Associates, PC (412)281-172.5_ Mailing Address i City State I ZIP Code 215 Fourth Avenue (Pittsburgh PA 15222 B. TRANSFER DATA C. Date of Acceptance of Document 03/07/13 Grantor(s)/Lessor(s) Grantee(s)/Lessee(s) Sheriff of Cumberland County Secretary of Veterans Affairs,an Office of the United** Mailing Address Mailing Address Cumberland County Courthouse 1240 East Ninth Street City.... .... ...-_..—_ ..._..._—. - State ZIP Code City State...I ZIP Code__...... Carlisle PA 17013 !Cleveland + OH 144199 D. REAL ESTATE LOCATION Street Address City,Township,Borough 919 Alisor,Avenue Borough of Mechanicsburg County School District I Tax Parcel Number Cumberland 17-24-0791-008 E. VALUATION DATA-WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION?❑Y �.N ii.Actual Cash Consideration 2. Other Consideration 3.Total Consideration 1.00 +0.00 = 1.00 4. County Assessed Value 5: Common Level Ratio Factor 16. Fair Market Value 182,400.00 x 1.00 = 182,400.00 F. EXEMPTION DATA Ia.Amount of Exemption Claimed lb. Percentage of Grantor's Interest in Real Estate lc.Percentage of Grantor's Interest Conveyed --.___ 100% i 100% Check Appropriate Box Below for Exemption Claimed. ❑ Will or intestate succession. (Name of Decedent) (Estate File Number) ❑ Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ❑ Transfer from a trust. Date of transfer into the trust If trust was amended attach a copy of original and amended(rust, ❑ Transfer between principal and agent/straw party. (Attach complete copy of agency/straw party agreement.) ❑ Transfers to the commonwealth, the U.S. and instrumentalities by gift, dedication, condemnation or in lieu of con- demnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) • Transfer from mortgagor to a holder of a mortgage in default. (Attach copy of mortgage and note/assignment.) ❑ Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.) ❑ Statutory corporate consolidation, merger or division. (Attach copy of articles.) ❑ Other (Please explain exemption claimed.)**States of America, successor and assigns • Under penalties of law, I declare that I have examined this statement, including accompanying information, and to the best of my k o dge and belief, it is true, cs.rrect and complete. Signature of Co res'i or •: ponsible Party Date 03/07/13 • FAILURE TO 0 •LETE THIS FO: PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. n7/10/2013 8:35:11 AM CUMBERLAND COUNTY Inst.#201314820-Page 4 of 5 ROBERT P. ZIEGLER RECORDER OF DEEDS - CUMBERLAND COUNTY • 1 COURTHOUSE SQUARE •-f r � r' CARLISLE, PA 17013 717-240-6370 sl Instrument Number-201314820 Recorded On 5/7/2013 At 8:48:13 AM *Total Pages-5 *Instrument Type-DEED-SHERIFF'S Invoice Number-136160 User ID-BMM *Grantor-MCCANN,MICHAEL *Grantee-VETERANS AFFAIRS SEC *Customer-SHERIFF *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $12.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10,00 FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT MECHANICSBURG BOROUGH $0.00 TOTAL PAID $63.00 I Certify this to be recorded in Cumberland County PA I 5,V1�l/ ° RECORDER O D EDS *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002Y50 11 111111111 li 1111111 07/10/2013 8:35:11 AM CUMBERLAND COUNTY Inst.#201314820-Page 5 of 5 PHELAN HALLINAN, LLP BY: JOSEPH P. SCHALK, ESQUIRE ATTORNEY FOR PLAINTIFF Identification No: 91656 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 7365 VRM (VENDOR RESOURCE COURT OF COMMON PLEAS MANAGEMENT), DULY AUTHORIZED CUMBERLAND COUNTY, PENNA. AGENT FOR THE SECRETARY OF VETERANS AFFAIRS VARO CLEVELAND (MDP 262PHI) Civil Division P.O. BOX 99640 CLEVELAND, OH 44199, Plaintiff, NO. 13-2927 CIVIL vs. MICHAEL MCCANN or Occupants 919 ALISON AVENUE MECHANICSBURG, PA 17055-3908, Defendant CERTIFICATE OF SERVICE I certify that a true and correct copy of Plaintiffs Reply to Defendant's New Matter was sent via first class mail to the person(s) listed below on the date indicated: RICHARD F. WEINSTEIN, ESQUIRE 705 WEST HAVERFORD ROAD, SUITE 1 BRYN MAWR, PA 19010-3128 DATE: July 24, 2013 111h.„... Aelts% os;ph 'g Schalk, Esquire Att i me 7 for Plaintiff PHS#319544 t y 2013 AUG V9 AM 1: : 42 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN,LLP BY: D.TROY.SELLARS,ESQUIRE Identification No.210302 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff troy.sellars @phelanhallinan.com (215)563-7000 Vrm (Vendor Resource Management), Court of Common Pleas duly Authorized Agent for the Secretary of Veterans Affairs Civil Division VA REO-VA Title Dept. 4100 International Parkway Cumberland County Suite 1000 Carrollton,TX 75007 No. 13-2927 Civil Plaintiff V. Michael McCann Or-Occupants 919 Alison Avenue Mechanicsburg, PA 17055-3908 Defendants MOTION FOR SUMMARY JUDGMENT Plaintiff, VRM(Vendor Resource Management), duly Authorized Agent for the Secretary of Veterans Affairs (hereinafter"Plaintiff'),by its attorney, D. Troy Sellars, Esquire, respectfully requests that this Honorable Court enter an Order granting summary judgment in the above-captioned matter as follows: 1. As the successful bidder at a Sheriffs Sale,Plaintiff became the owner of the premises located at 919 Alison Avenue,Mechanicsburg, PA 17055-3908. The Sheriff's Deed to Plaintiff was PH 813302 t recorded on May 7,2013 at Instrument No. 201314820 which is recorded in the Office of the Recorder of Cumberland County. A true and correct copy of the Deed is attached hereto, made part hereof, and marked as Exhibit A. 2. Plaintiff notified the occupant to vacate the premises but,to date,he has remained in the property without any right or title. A true and correct copy of Plaintiff s notice to vacate is attached hereto, made part hereof, and marked as Exhibit B. 3. Because the occupant has refused to vacate the property on his own,Plaintiff filed an Ejectment action on May 23, 2013. A true and correct copy of the Complaint is attached hereto, made part hereof, and marked as Exhibit C. 4. Defendant filed an Answer with New Matter to the Plaintiff s Complaint. A true and correct copy of the Defendant's Answer with New Matter is attached hereto, made part hereof, and marked as Exhibit D. . 5. Plaintiff filed its Reply to Defendant's New Matter. A true and correct copy of Plaintiff's Reply to Defendant's New Matter is attached hereto,made part hereof, and marked as Exhibit E. 6. Plaintiff respectfully submits that it has established its right to immediate, exclusive possession of the premises, and there are no material issues of fact in this base for a fact-finder. WHEREFORE,Plaintiff respectfully requests that judgment for possession be entered as prayed for in the Complaint. Respectfully submitted, PHELAN LINAN, LLP DATE:August 13, 2013 BY: y" °—�- D. Tro ellars,Esquire Attorney for Plaintiff PH 813302 /O a� 002Y5o 3 .� Tax Parcel No. 17-24-0791-008 Know all Men by these Presents That 1, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of$ 1.00 (One Dollar) to me in hand paid, do hereby grant and convey Secretary of Veterans Affairs,an Office of the United States of America, successor and assigns Writ No. 20x8.5472 Civil Term National City Mortgage,A Division of National City Bank Vs Michael McCann ALL that certain parcel of land situated in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania,being known and designated as follows: BEGINNING at a point on the Northern line of Alison Avenue, said point being at the dividing line between Lots Nos. 20 and 21 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 031 38 West, 179.90 feet to a point; thence South 66° 22 West, 139.87 feet to a point; thence South 23° 38' East, 160 feet to apoint on the Northern line of Alison Avenue; thence along the Northern line of Alison Avenue,North 66° 22' East,27.04 feet to a point; thence continuing along the Northern line of Alison Avenue on a curve to the right,having a radius of 150 feet, an arc length of 52.36 feet to a point, the place of beginning. BEING Lot No. 21 (erroneously stated as Lot No.l on prior deed) on Plan No. 1 of Heritage Acres, said plan being recorded in Cumberland County Recorder's Office in Plan Book 17,Page 60. HAVING erected thereon a dwelling known as 919 Alison Avenue, Mechanicsburg,PA 17055. PARCEL NO, 17-24-0791-008 BELTIG the same premises which Michael McCann, erroneously known as Michael McMann, by deed dated 02/07/2003 and recorded on 02/13/2003 in Cumberland County,Pennsylvania, Recorder of Deeds Office in Deed Book Volume 255,page 3775, granted and conveyed unto Michael McCann, single man. s min»n R•as•>> ann CUMBERLAND COUNTY Inst.#201314820-Page 1 of E The wine having been sold by me to the said grantee on the 6th day of March Anno Domini Two Thousand and Thirteen (2013) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 8th of June Anno Domini 2012 out of the Court of Common Pleas of Cumberland County,Pennsylvania,as of Civil Term, Two Thousand and Eight(2008)Number 5472 at the suit of National City Mortgage,A Division of National City Bank—vs- Michael McCann m/inOrI s n-9.4,1 1 AM CUMBERLAND COUNTY Inst.#201314320-Page 2 of! In Witness Whereof, I have hereunto affixed my signature this 9th day of April Anno Domini Two Thousand and Thirteen (2013) 4 onn . Anderson, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D.Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court,this 9th day of April Aiuio Domini Two Thousand and Thirteen(2013) Prothono MProthonotw'2'mb Oand County Cadt le,PA y ComrrdWon Expires the First Monday of Jan.2014 I hereby certify that the residence And Post Office address of the Within Grantee is 1240 East Ninth Street Cleveland, OH 44199 Ri and W. tewart Solicitor �•�i't%i11. 07110/2013 8:35:11 AM CUMBERLAND COUNTY tnst.#201314820-Page 3 of E REV-i8?EX io4.lrrJ REALTY TRANSFER TAX " - -. RECORDER'S USE ONLY M v - pennsytvania state Tax Paid — 0 - oEPAnn<EalOF3EV;hVE STATEMENT OF VALUE umber U L Bureau oflndividualTaxes Page Number Po BOX 280603 Harrisburg.PA 17128-0603 See reverse for instructions. Date Recorded Complete each section and file in duplicate with Recorder of Deeds when (1)the full value/consideration is not set forth in the deed, (2)the deed is without consideration or by gift,or(3)a tax exemption is claimed.A Statement of Value is not required if the transfer is wholly exempt from tax based on family relationship or public utility easement, if more space is needed, attach additional sheets. A. CORRESPONDENT–All inquiries may be directed to the following person: Name Telephone Number: Vitti&Vitti&Associates, PG (412)281-1725 Mailing Address City State I ZIP Code 215 Fourth Avenue Pittsburgh I PA 115222 B. TRANSFER DATA C. Date of Acceptance of Document 03/07/13 Grantor(s)/Lessor(s) Grantees)/Lessee(s) Sheriff of Cumberland County Secretary of Veterans Affairs, an Office of the United" Mailing Address Mailing Address Cumberland County Courthouse 1240 East Ninth Street City State '211'Code City 7Statte ZIP Code Carlisle PA 1"17013 Cleveland 44199 D. REAL ESTATE LOCATION Street Address City,Township,Borough 919 Alison Avenue _ _ Borough of Mechanicsburg 'o"un. . ....---------- . -----------._. --- - -- — — _ County School Distract Tax Parcel Number Cumberland _ 17-24-0791-008 E. VALUATION DATA-WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION? El Y ® N 1.Actual Cash Consideration 2. Other Consideration I.Total Consideration 1.00 +0.00 = 1.00 4. County Assessed Value 5,Common Level Ratio factor 6.Fair Market Value 182,400.00 X 1.00 ( = 182,400.00 F. EXEMPTION DATA Ia.Amount of Exemption Claimed Ib. Percentage of Grantor's Interest in Real Estate 1c.Percentage of Grantor's Interest Conveyed --- � ---... 100% --- — - -100% Check Appropriate Box Below for Exemption Claimed. ❑ Will or intestate succession. (Name of Decedent) {Estate File Number) ❑ Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ❑ Transfer from a trust. Date of transfer into the trust If trust was amended attach a copy of original and amende�frus� ❑ Transfer between principal and agent/straw party. (Attach complete copy of agency/straw party agreement.) ❑ Transfers to the commonwealth, the U.S. and Instrumentalities by gift, dedication, condemnation or in lieu of con- demnation, (If condemnation or in lieu of condemnation, attach copy of resolution.) ® Transfer from mortgagor to a holder of a mortgage in default. (Attach copy of mortgage and note/assignment.) ❑ Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.) ❑ Statutory corporate consolidation, merger or division. (Attach copy of articles.) ❑ Other (Please explain exemption claimed.)"States of America, successor and assigns Under penalties of law, I declare that I have examined this statement, including accompanying information, and to the best of my krjov&dge and belief, it is true, c rect and complete. Signature of Co res n or ponsible Party ,Date 03/07/13 FAILURE TO EOOLETE THIS FO PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. WM017013 8:35:11 AM CUMBERLAND COUNTY Inst.#201314820-Page 4 of r� ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE " CARLISLE, PA 17013 717-240-6370 Instrument Number-201314820 Recorded On 5/7/2013 At 8:48:13 AM *Total Pages-5 *Instrument Type-DEED-SHERIFF'S Invoice Number- 136160 User ID-BMM *Grantor-MCCANN,MICHAEL *Grantee-VETERANS AFFAIRS SEC *Customer-SHERIFF *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $12.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT MECHANICSBURG BOROUGH $0.00 TOTAL PAID $63.00 I Certify this to be recorded in Cumberland County PA C 0 ° RECORDER O D ED5 , r7ao "-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002Y50 Ill IllNllllllllill111111111 07/10/2013 8:35:11 AM CUMBERLAND COUNTY 1nst.#201314820-Page 5 of! HELAN Representing Lenders In Pennsylvanla 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-563-4491 Email: VIOLETA.PATORI @fedphe.com May 9, 2013 MICHAEL MCCANN or Occupants 919 ALISON AVENUE MECHANICSBURG, PA 17055-3908 RE: 919 ALISON AVENUE MECHANICSBURG, PA 17055-3908 Dear Occupant: We represent VRM (VENDOR RESOURCE MANAGEMENT), DULY AUTHORIZED AGENT FOR THE SECRETARY OF VETERANS AFFAIRS which became owner of the above premises as a result of foreclosure and judicial sale by the Sheriff of the County of CUMBERLAND on 03/06/2013 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 I;Ta�llisnan, LLP� C ' and H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan, LLP PHS #319544 Plielan Hallinan,LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 VRM (VENDOR RESOURCE . Court of Common Pieas MANAGEMENT),DULY AUTHORIZED r� AGENT FOR THE SECRETARY OF C;Jv l Division � VETERANS AFFAIRS Varo Cleveland (MDP 262PHI) CUMBr,-RLAND County P.O. Box 99640 o , Cleveland, OH 44199 'No. l� �' ' 9-a _ ,= Plaintiff V. MICHAEL MCCANN or Occupants 919 ALISON AVENUE MECHANICSBURG,PA 17055-3908 Defendant QVIL ACTION—:1-J CTIAIENT "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 S , Carlisle, PA 17013 (71.7) 249-3166 PHS # 319544 f;� 1. Plaintiff is VRM (VENDOR RESOURCE MANAGEMENT), DULY AUTHORIZED AGENT FOR THE SECRETARY OF VETERANS AFFAIRS. 1 Defendant is MICHAEL MCCANN or Occupants. 3. Plaintiff is the record owner of premises located at 919 ALISON AVENUE, MECHANICSBURG, PA 17055-3908, 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 03/06/2013, as evidenced by the Sheriffs deed recorded 05/07/2013 in the Office of the Recorder of CUMBERLAND County in Instrument 201314820. 5.1 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. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP Legal desciption All that certain parcel of land situated in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, being known and designated as follows: Beginning at a point on the northern line of Alison Avenue, said point being at the dividing line between Lots Nos. 20 and 21 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 03 degrees 38 minutes West, 1.79.90 feet to a point;thence South 66 degrees 22 minutes West, 139.87 feet to a point; thence South 23 degrees 38 minutes East, 160 feet to a point on the northern line of Alison Avenue;thence along the northern line of Alison Avenue,North 66 degrees 22 minutes East,27.04 feet to a point; thence continuing along the northern line of Alison Avenue on a curve to the right, having a radius of 150 feet, an arc length of 52.36 feet to a point,the place of beginning. Being Lot No. 21 (erroneously stated as Lot No. 1 on prior deed) on Plan N6. 1 of Heritage Acres,said plan being recorded in Cumberland County Recorder's Office in Plan Book 17, Page 60, Tax ID: 17-24-0791-008 Premises: 919 ALISON AVENUE VERIFICATION : R. hereby states he/she is �,, `� (Hamel . (tiLla) of servicing agent for VRM (Vendor-Resource Management),as duly authorized property management contractor as referenced in the signatory line below, in this matter, that he/she is authorized to snake 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. VRM (VENDOR RESOURCE MANAGEMENT), DULY AUTHORIZED +A�GEN'�Tp FOR�T�H�E SECRETARY OF V . DATE: t PHS #: PHS # 319544 Return to: Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attn: Eviction Department PHS#319544 TO: PLAINTIFF: You are hereby notified to file a written response to the enclosed New Matter within 20 days from service hereof or a judgment may be entered against you. oe ' RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants COURT OF COMMON PLEAS- CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION-EJECTMENT RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants Attorney I.D. No.: 52877 705 West Haverford Road, Suite 1 Bryn Mawr, PA 19010-3128 (610)896-3700 VRM(Vendor Resource Management) Varo Cleveland(MDP 262PHI P.O. Box 99640 Cleveland, OH 44199 v No.: 13-2927 CIVIL Michael McCann or Occupants 919 Alison Avenue Mechanicsburg, PA 17055-3908 ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT I. Admitted. 2, Admitted. 3. This allegation is denied as a conclusion of law for which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. The written document as such speaks for itself. 4. The written document as such speaks for itself. 5. This allegation is denied as a conclusion of law for which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 6. After reasonable investigation Defendants are without information or knowledge sufficient to form a belief as to the truth of the matter averred therein and are therefore compelled to deny same and demand strict proof of the matter alleged at trial. WHEREFORE, Defendants pray your honorable Court for judgment in their favor and against Plaintiff. NEW MATTER 7. Defendants incorporate paragraphs 1-6 above as though more fully set forth at length. 8. Plaintiff's recovery is bat-red by the applicable Statute of Limitations. i WHEREFORE, Defendants pray your honorable Court for judgment in their favor and against Plaintiff. f i i RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants COURT OF COMMON PLEAS _CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION- EJECTMENT RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants • Attorney I.D. No.: 52877 705 West Haverford Road, Suite 1 Bryn Mawr, PA 19010-3128 (610) 896-3700 VRM(Vendor Resource Management) Varo Cleveland(MDP 262PHI P.O. Box 99640 Cleveland, OH 44199 v No.: 13-2927 CIVIL Michael McCann or Occupants 919 Alison Avenue Mechanicsburg, PA 17055-3908 CERTIFICATION OF SERVICE I, Richard F. Weinstein, Esquire, hereby certify that a true and correct copy of the above- referenced Answer and New Matter to Plaintiff's Complaint was served upon the following by first class United States Mail,postage prepaid: Francis S. Hallinan,Esquire Phelan Hallinan LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 RICHARD F. WEINSTEIN,ESQUIRE Attorney for Defendants VERIFICATION I,Richard F. Weinstein,Esquire,attorney for Defendants herein,hereby verify that the facts set forth in the foregoing Defendants' Answer and New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge,information and belief. This verification is being made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. RI I-TARD F. WEINSTEIN, ESQUIRE Attorney for Defendants F s } r F -2, 1:'IJI-18ERLAND cloup�'i "EP.NSYi-VANIA • PHELAN HALLINAN, I.LP BY: JOSEPH P. SCHALK, ESQUIRE ATTORNEY FOR PLAINTIFF Iduntircatior, No: 91656 126 Locust Street Harrisburg,PA 17101 Telephone: (215) 563-7000 Ext. 7365 VRM (VENDOR RESOURCE COURT OF COMMON PLEAS MANAGEMENT), DULY AUTHORIZED CUMBERLAND COUNTY, PENNA. AGENT FOR THE SECRET' VETERANS AFFAIRS VARO CLEVELAND (MD1' 62P1 Civil Division P.O. I3OX 99640 CLEVELAND, OH 44199, Plaintiff, NO. 13-2927 CIVIL vs. - MICHAEL MCCANN or Occupants 919 ALISON AVENUE MECHANICSBURG, PA 17055-3908, . Defendant - PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW COMES the Plaintiff, VRM (Vendor Resource Management), Duly Authorized Agent for the Secretary of Veterans Affairs, by and through its attorney, Joseph P. Schalk, Esquire, and hereby file :the w=J111<« Reply tofNc\7" Mutter of Defendant:, Michael McCann, and in sLrpi�ort tlieaeol states fas roliowss a, , L J PH S#319544 NEW MATTER 7. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through six (6) of its Complaint in Ejectment as if set forth.herein at length. 8. Denied. It is specifically denied that Plaintiff s Complaint is barred by any applicable Statute of Limitations. Plaintiff is the owner of the property at issue by virtue of a completed Sheriffs Sale. A copy of the Sheriffs Sale Deed is attached hereto, incorporated herein and marked as Exhibit"A." As owner of the property, Plaintiff is entitled to possession of the property and seeks same. Strict proof the contrary is demanded. WHEREFORE,Plaintiff respectfully requests that the Court grant the relief as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN, LLP Date: July 24, 2013 13.,: l )Se:l P. Schalk,Esquire ttorney for Plaintiff PHS#319544 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action,that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge,information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN, LLP DATE: July 24,20 13 , By Jos .ph ;' Schalk.,Esquire Q),,Y2LOcust racy for Plaintiff Street i sburg,PA 17101 Telephone: 215-563-7000, Ext. 7365 PHS#319544 02'(50 3 Tax Parcel No. 1.7-24-0791-008 Know all Men by these Presents That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of$ 1.00(One Dollar) to the in hand paid,do hereby grant and convey Secretary of Veterans Affairs,an Office of the United States of America, successor and assigns Writ No.2008.5472 Clvil Term National City Mortgage,A Division of National City Bank Vs Michael McCann ALL that certain parcel of land situated in the.Borough of Mechanicsburg,County of Cumberland and Commonwealth of Pennsylvania,being known and designated as follows; BEGINNING at a point on the Northern line of Alison Avenue,said point being at the dividing line between Lots Nos. 20 and 21 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 031138 West, 179.90 feet to a point;thence South 66°22 West, 139.87 feet to a point; thence South 23' 38'East, 160 feet to apoint on the Northern line of Alison Avenue; thence along the Northern line of Alison Avenue,North 66°22' .East,27.04 feet to a point; thence continuing along the Northern line of Alison Avenue on a curve to the right,having a radius of 150 feet, an arc length of 52.36 feet to a point, the place of beginning. BEING Lot No. 21 (erroneously stated as Lot No.l on prior deed)on Plan No. 1 of Heritage Acres, said plan being recorded in Cumberland County Recorder's Office in Plan Book 17,Page 60. HAViNG erected thereon a dwelling known as 919 Alison Avenue,Mechanicsburg,PA 17055. PARCEL NO. 17-24-0791-008 BEING the same premises which Michael McCann, erroneously known as Michael McMann, by deed dated 02/07/2003 and recorded on 02/13/2003 in Cumberland County,Pennsylvania, Recorder of Deeds Office in Deed Book Volume 255,page 3775, granted and conveyed unto Michael McCami,single man, nrrni�m v R•.Zr•i z dM CUMBERLAND COUNTY tnst.N 201314820-Page 1 or s The same having been sold by me to the said grantee on the 6th day of March Anno Domini Two Thousand and Thirteen (2013)after due advertisement according to law,under and by Virtue of a Writ of Execution issued on the 8th of June Anno Domini 2012 out of the Court of Common Pleas of Cumberland County,Pennsylvania,as of Civil Tenn, Two Thousand and Eight(2008)Number 5472 at the suit of National City Mortgage,A Division of National City Bank—vs- Michael McCann mnn0n•i'A R-ast i A&A CUMBERLAND COUNTY Inst.#201314920-Page 2 of 5 Tn Witness Whereof,I have hereunto affixed my signature this 9 th day of April Anno Domini Two Thousand and Thirteen(2013) onn. L Anderson, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D.Buell,Prothonotary of the Court of Common Pleas of Cumberland County,Pennsylvania, personally appeared Ronny R.Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the saane in order that Said deed might be recorded. Witness my hand and seal of said Court,this 9 th day of April Anno Domini Two Thousand and Thirteen(2013) rot 10 lota,t frf0Ih0nMjVy,Combarfard W mh;Ci Io,pA My Coma ctlon E)*ar uro Fjrat Monday of Jan.2011 1 hereby certify that the residence And Post Office address of the CV;" ��,,, Within Grantee is y,F 1240 East Ninth Street Cleveland,OH 44199 RA and W. Stewart ' 1�jj '�'•.`' Solicitor Inst.#201314820•Page 3 of 5 o� nl2n13 8:35:11 AM CUMBERLAND COUNTY 07M012013 H61.181 EX Iwl•rt,j. h� REALTY TRANSFER TAX State Tax RECORDER'S�ONLY State a !pennsylvania +~ oerAnr-KEVt OF aevo,vc STATEMENT OF VALUE d timber U Bureau oflndividualTaxes Page t umber PO eOX 28o6o3 Harrisburg,PA17128.0603 See reverse for instructions. Pate Recorecd — _ Complete each section and file in duplicate with Recorder of Deeds when(1)the full value/consideration Is not set forth in the deed, (2)the deed is without consideration or by gift,or(3)a tax exemption is claimed,A Statement of Value Is not required If the transfer is wholly exempt from tax based on family relationship or public utility easement. If more space is needed, attach additional sheets, A. CORRESPOND_ ENT-All inguilries may be directed to the following person. Name Telephone Number: Vitti&Vitti&Associates,PC (412)281-1_725 Meiling Address City State Z1P code 215 Fourth Avenue Pittsburgh ' 1 PA 15222 B. TRANSFER DATA C. Date of Acceptance of Document 03/07/13 Grantors)/Lessor(s) Grantees)/Lessee(s) Sheriff of Cumberland County Secretary of Veterans Affairs,an Office of the United" Mailing Address Mailing'Address Cumberland County Courthouse State _ 1240 East Ninth Street City ZSP_ Code City �.... State 2IP Code Carlisle 'PA 117013 J Cleveland OH 44199 D. REAL ESTATE LOCATION Street Address City,Township,Borough 919 Alison Avenue Borough cl Mechanicsburg_ County School District Tax Parcel Number Cumberland ,. _._._.__.. 17-24-0791-008 E. VALUATION DATA-WAS,TRANSACiION PART OF AN ASSIGNMENT OR RELOCATION?❑Y CJ N 1.Actual Cash Consideration 2.Other Consideration 3.Total Consideration 1.00 x-0.00 _ = 1.00 4.County Assessed Value Y i 5.Common Level Ralio Factor _ 6.Fair Market Value 182,400.00 X 1.00 = 182,400.00 F. EXEMPTION DATA Ia.Amount of E'xeejmption Claimed Ib.Percentage of Grantor's Interest in Real Estate lc.Percentage of Grantor's Interest Conveyed 100% Check Appropriate Box Below for Exemption Claimed. ❑ Will or intestate succession, — -' ._ . (r(ame ofUecedeni:} Estate FileNum aerj ❑ Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ❑ Transfer from a trust. Date of transfer into the trust If trust was amended attach a copy of original and a"rnenifed rusT7' ❑ Transfer between principal and agent/straw party. (Attach complete copy of agency/straw party agreement.) ❑ Transfers to the commonwealth, the U.S. and Instrumentalities by gift, dedication, condemnation or in lieu of con- demnation, (If condemnation or in lieu of condemnation, attach copy of resolution.) ® Transfer from mortgagor to a holder of a mortgage in default. (Attach copy of mortgage and note/assignment.) ❑ Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.) ❑ Statutory corporate consolidation, merger or division. (Attach copy of articles.) ❑ Other (Please explain exemption claimed,)"States of America, successor and assigns Under penalties of law,I declare that I have examined this statement, including accompanying information,and to the best of my k o dge and belief,it is true, cprrect and'complete. Signature of Co res 717n or srionsible Party / Date 03107/13 FAILURE TO O LETS THIS FO PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. 07r1012013 &35:11 AM CUMBERLAND COUNTY inst.#201314820-Page 4 of 5 ROBERT P. ZIEGLER RECORDER OF DEEDS „ CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA. 17013 717-240-6370 Instrument Number-201314820 Recorded On 5/7/2013 At 8:48:13 AM *Total Pages-5 Instrument Type-DEED-SHERIFF'S Invoice Number-136160 User ID-BMM Grantor-MCCANN,MICHAEL *Grantee-VETERANS AFFAIRS SEC "Customer-SHERIFF *FEES - - STATE WRIT TAR $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $12.50 RECORDER of DEEDS This page is now part PARCEL CERTIFICATION $10.00 FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 -- ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT MECHANICSBURG BOROUGH $0.00 TOTAL PAID $63.00 I Certify this to be recorded in Cumberland County PA M cuye _ ,O C'S' u ° RECORDER O D EDS treo t "-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002Y50 III IIIIIIIIIIIiIllllllllllll 07/1012013 8:35:11 AM CUMBERLAND COUNTY Inst.4 201314820-Page 5 of 5 PHELAN HALLINAN, LLP BY: JOSEPH P. SCHALK,ESQUIRE ATTORNEY FOR PLAINTIFF Identification No: 91656 126 Locust Street Harrisburg,PA 17101 Telephone: (215) 563-7000, Ext. 7365 VRM (VENDOR RESOURCE COURT OF COMMON PLEAS MANAGEMENT),DULY AUTHORIZED CUMBERLAND COUNTY,PENNA. AGENT FOR THE SECRETARY OF VETERANS AFFAIRS VARO CLEVELAND (MDP 262PHI) Civil Division P.O.BOX 99640 CLEVELAND, OH 441999 . Plaintiff, NO. 13-2927 CIVIL VS. MICHAEL MCCANN or Occupants 919 ALISON AVENUE . MECHANICSBURG, PA 17055-3908, Defendant . CERTIFICATE OF SERVICE. I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via first class mail to the person(s) listed below on the date indicated: RICHARD F. WEINSTEIN, ESQUIRE 705 WEST HAVERFORD ROAD, SUITE 1 BRYN MAWR, PA 19010-3128 0 )�� DATE: July 24, 2013 os pli Schalk,Esquire Att:ern for Plaintiff PHS#319544 PHELAN HALLINAN, LLP BY: D. TROY SELLARS,ESQUIRE Identification No.210302 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff troy.sellars @phelanhallinan.com (215)563-7000 Vrm (Vendor Resource Management), Court of Common Pleas duly Authorized Agent for the Secretary of Veterans Affairs Civil Division VA REO-VA Title Dept. 4100 International Parkway Cumberland County Suite 1000 Carrollton,TX 75007 No. 13-2927 Civil Plaintiff V. Michael McCann Or Occupants 919 Alison Avenue Mechanicsburg,PA 17055-3908 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion for Summary Judgment was sent via first class mail to the person on the date listed below: Richard F. Weinstein, Esquire 705 West Haverford Road, Suite 1 Bryn Mawr,PA 19010-3128 DATE: August 2013 BY: D. Tro liars,Esquire Attorney for Plaintiff PH 813302 l PRAECIPE FOR LISTING CASE FOR ARGUMENT {��-�()��`" � t: TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1 �,u 23 �1' 51 Please list the within matter for the September 27, 2013,Argument Court. DUI A13 Rl_ ; D --------------------------------------------------------------------------------------------------------------------- VRM(VENDOR RESOURCE MANAGEMENT), COURT OF COMMON PLEAS DULY AUTHORIZED AGENT FOR THE CUMBERLAND COUNTY,PENNA. SECRETARY OF VETERANS AFFAIRS VA REO-VA TITLE DEPT. 4100 INTERNATIONAL PARKWAY Civil Division SUITE 1000 CARROLLTON;TX-75007,. Plaintiff v. No. 13-2927 Civil MICHAEL McCANN . or Occupants . 919 ALISON AVENUE . MECHANICSBURG,PA 17055-3908, Defendants I. State matter to be argued(i.e.,plaintiff's motion for new trial, defendant's demurrer to complaint,etc.): Plaintiff's Motion for Summary Judgment filed on or about August 19,2013. 2. Identify counsel who will argue case: ,(a) for plaintiff: D. Troy Sellars,Esquire Address: Phelan Hallinan, LLP 126 Locust Street Harrisburg,PA 17101 (b) for defendant: Richard F. Weinstein, Esquire Address: 705 West Haverford Road Suite l Bryn Mawr,PA 19010-31.28 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 27,2013 q) 5�1, A Date: Z�' f D. Troy Sel rs,Esquire Attorney for Plaintiff A � Q f Ti bpd al 1./ OY- 33& agL8/o PHELAN HALLINAN,LLP BY: D. TROY SELLARS,ESQUIRE ATTORNEY FOR PLAINTIFF Identification No. 210302 126 Locust Street Harrisburg, PA 171.01 Telephone: (215) 563-7000,Ext. 1360 E-mail: troy.sellars(aophelanhallinan.com VRM (VENDOR RESOURCE COURT OF COMMON PLEAS MANAGEMENT), CUMBERLAND COUNTY,PENNA. DULY AUTHORIZED AGENT FOR THE SECRETARY OF VETERANS AFFAIRS VA REO-VA TITLE DEPT. Civil Division 4100 INTERNATIONAL PARKWAY SUITE 1000 CARROLLTON,TX 75007, Plaintiff No. 13-2927 Civil V. MICHAEL McCANN or Occupants 919 ALISON AVENUE MECHANICSBURG,PA 17055-3908, Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Praecipe for Listing Case for Argument was sent via first class mail to the person on the date listed below: RICHARD F. WEINSTEIN,ESQUIRE 705 WEST HAVERFORD ROAD SUITE 1 BRYN MAWR,PA 19010-3128 DATE: August 22, 2013 BY: D. Troy S rs, Esquire Attorney for Plaintiff COURT OF COMMON PLEAS - CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - EJECTMENT RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants Attorney I.D.No.: 52877 705 West Haverford Road, Suite 1 Bryn Mawr, PA 19010-3128 (610) 896-3700 n °. VRM (Vendor Resource Management) -0 _1Z Varo Cleveland(MDP 262PHI � C-1 ` P.O. Box 99640 ;1 , ,.,, Cleveland, OH 44199 -T V No.: 13-2927 CIVIL Michael McCann or Occupants 919 Alison Avenue Mechanicsburg, PA 17055-3908 DEFENDANTS' RESPONSE TO MOTION FOR SUMMARY JUDGMENT 1. The written document as such speaks for itself.. 2. After reasonable investigation Defendants are without information or knowledge f:cent t forme �+o1;Qf as to h 1- trut!i oft- n-,a tar?v,r7ed f'��,a;n r r:lar th-.1 r c �:rc'led .c,�..av,v � t\' u ...... t,,.v .. � �e.�. ,a..� e.. vti u,L' � to deny same and demand strict proof of the matter alleged at trial. 3. Admitted in part, denied in part. It is admitted that the document as described was filed. The balance of the averment is denied pursuant upon Paragraph two immediately above as a conclusion of law for which no response is required according to the Pennsylvania Rules of Civil Procedure. 4. Admitted. 5 Admitted. 6. This averment is denied as a conclusion of law for which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendants pray your honorable Court deny Plaintiff's Motion. RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants COURT OF COMMON PLEAS - CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -EJECTMENT RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants Attorney I.D. No.: 52877 705 West Haverford Road, Suite 1 Bryn Mawr, PA 19010-3128 (610) 896-3700 VRM(Vendor Resource Management) Varo Cleveland (MDP 262PHI P.O. Box 99640 Cleveland, OH 44199 v No.: 13-2927 CIVIL Michael McCann or Occupants 919 Alison Avenue Mechanicsburg, PA 17055-3908 MEMORANDUM OF LAW IN SUPPORT OF RESPONSE OF DEFENDANTS TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Summary judgment is only proper where the pleadings, depositions, answers to interrogatories, admissions and affidavits and other materials, show there is no genuine issue of material_ fact. and the moving party is emitled to judgment as.a matter of law. Swartlevv. H.offner. 734 A.2d 91.5, 918 (Pa. Super. 1999). Moreover, our Supreme court has opined that "...summary judgments, like judgments on the pleadings, should only be granted in the clearest of cases..." Kotwasinski v. Rasner,436 Pa. 32, 258 A.2d 865; accord, Hankin v. Mintz, 276 Pa.Super. 538, 419 A.2d 588. The record must be viewed in the light most favorable to the opposing party and all doubts as to the existence of a genuine issue of material fact must be resolved in favor of the nonmoving party. P.J.S. v Pennsylvania State Ethics Commission, 723 A.2d 174, 176 (Pa. 1999); Prince v. Pavoni,255 Pa.Super 286, 302 A.2d 452,454.Any doubt must be resolved against the moving party. Chorba v Davlisa Enterprises, Inc., 303 Pa.Super. 497, 500, 450 A.2d 36, 38 (1982); First Pennsylvania Bank,N.A. v. Triester, 251 Pa.Super. 372, 378, 380 A.2d 826, 829 (1971). The court, in ruling on a motion for summary judgment, must ignore controverted facts contained in the pleadings.Pfaff v. Gerner,451 Pa. 146, 303 A.2d 826(1973); Youn,ginger v. Heckler,269 Pa.Super. 445, 410 A.2d 340 (1979). Moreover,the moving party has the burden of proving the nonexistence of any genuine issue of material fact. Salazar v. Allstate Ins. Co., 549 Pa. 658, 702 A.2d 1038, 1040 (1997). Summary judgment should not be granted unless "the moving party's affidavit evidence clearly dispel[s] the existence of any genuine factual issue as required by Rule 1035(b)." Marchese v. Marchese, 457 Pa. 625, 630, 326 A.2d 321, 323 (1974). Additionally, "(t)he burden of proof of the nonmoving party where summary judgment is requested is not the same as the burden during a trial of the issues; it need only be shown that there is a genuine issue as to any material facts." Id. CONCLUSION For the foregoing reasons Plaintiffs Motion for Summary Judgment should be denied. r RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants COURT OF COMMON PLEAS - CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - EJECTMENT VRM(Vendor Resource Management) Varo Cleveland (MDP 262PHI P.O. Box 99640 Cleveland, OH 44199 v No.: 13-2927 CIVIL Michael McCann or Occupants 919 Alison Avenue Mechanicsburg, PA 17055-3908 ORDER AND NOW, this day of , 2013, upon consideration of the Plaintiffs Motion for Summary Judgment and the Defendants' response thereto, it is hereby ORDERED and DECREED that the said Motion for Summary Judgment is DENIED. BY THE COURT: J. COURT OF COMMON PLEAS - CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - EJECTMENT RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants Attorney I.D. No.: 52877 705 West Haverford Road, Suite 1 Bryn Mawr, PA 19010-3128 (610) 896-3700 VRM(Vendor Resource Management) Varo Cleveland (MDP 262PHI P.O. Box 99640 Cleveland, OH 44199 v No.: 13-2927 CIVIL Michael McCann or Occupants 919 Alison Avenue Mechanicsburg, PA 17055-3908 CERTIFICATION OF SERVICE I, Richard F. Weinstein, Esquire, hereby certify that a true and correct copy of the above- referenced Defendants' Response to Motion for Summary Judgment and Memorandum of Law in support thereof, filed in the above-captioned matter, were served upon the following by first class United States Mail, postage prepaid: Francis S. Hallinan, Esquire Phelan Hallinan LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 RICHARD F. WEINSTEIN, ESQUIRE Attorney for Defendants VERIFICATION I,Richard F. Weinstein, Esquire, attorney for Defendants herein, hereby verify that the facts set forth in the foregoing Defendants' Response to Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. This verification is being made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Y J HARD F. WEINSTEIN, ESQUIRE Attorney for Defendants Phelan Hallinan,LLP Jonathan Lobb,Esq., ld. No.312174 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 VRM (VENDOR RESOURCE MANAGEMENT), DULY AUTHORIZED AGENT FOR THE SECRETARY OF VETERANS AFFAIRS Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs No. 13-2927 CIVIL MICHAEL MCCANN Or occupants 919 ALISON AVENUE CUMBERLAND County C) MECHANICSBURG, PA 17055-3908 �C -Z�i Defendant PRAECIPE FOR JUDGMENT IN EJECTMENT = TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of Plaintiff, VRM (VENDOR RESOURCE MANAGEMENT.), DULY AUTHORIZED AGENT FOR THE SECRETARY. OF VETERANS AFFAIRS and against the Defendant(s) MICHAEL MCCANN and Or occupants for possession of premises 919 ALISON AVENUE, MECHANICSBURG, PA 17055-3908 pursuant to the attached fully executed Stipulation for Judgment. Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP Default Judgment entered as indicated above. DATE: Ilo.so PA AT '-1 6#1360(061S eagcPalpo., N office (Uf e i led PHELAN HALLINAN, LLP BY: COURTENAY R. DUNN,ESQUIRE Identification No. 206779 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff (215) 563-7000 VRM(Vendor Resource Management), Court of Common Pleas Duly Authorized Agent for the Secretary of Veterans Affairs Civil Division Varo Cleveland(MDP 262PH1) P.O. Box 99640 Cumberland County Cleveland, OH 44199 Plaintiff No. 13-2927 V. Michael McCann or Occupants 919 Alison Avenue Mechanicsburg, PA 17055-3908 Defendant STIPULATION FOR JUDGMENT AND NOW,This_ft_day of fZ!y- , 2013 is hereby agreed by and between VRM (Vendor Resource Management), Duly Authorized Agent for the Secretary of Veterans Affairs (hereinafter "Plaintiff'),by and through its counsel, Courtenay R. Dunn, Esquire, and Michael McCann (hereinafter"Defendant/Occupant"), by and through his counsel, Richard F. Weinstein, Esquire, as follows: 813302 WHEREAS, Plaintiff is the real owner of the property located at 919 Alison Avenue, Mechanicsburg, PA 17055-3908 (hereinafter referred to as "Premises"), by Sheriff's Sale held in Cumberland County on March 6, 2013; Vv'HEREAS, Plaintiff filed an ejectment complaint (hereinafter the "Complaint") against the Defendant/Occupants on or about May 23, 2013 for possession of the Premises; WHEREAS, Michael McCann is the Defendant/Occupant of the Premises; WHEREAS,the parties to this Stipulation for Judgment seek to resolve the issues raised in the Complaint. AND NOW THEREFORE, each in consideration of the promises to the other,to be legally bound thereby,Plaintiff and Defendant/Occupant agree as follows: 1. That judgment is hereby entered for Plaintiff and against Defendant/Occupant for possession of the Premises. 2. Defendant/Occupant shall peacefully vacate the Premises, and leave the Premises in broom swept condition. 3. The Plaintiff may immediately file the instant Stipulation for Judgment and move forward and obtain a Writ of Possession in favor of Plaintiff. 4. Defendant/Occupant's Answer with New Matter to Plaintiff's Complaint filed on July 1,2013 is dismissed with prejudice. 5. No further stays and defenses will be filed by the Defendant/Occupant. 6. The foregoing represents the true and complete agreement between the parties any amended or extension thereof shall not be valid, unless in writing, signed by all signatories to this agreement. 7. This Stipulation may be executed on Counterpart. 813302 8. A facsimile version of a signature on this document shall be treated for all purposes as the equivalent of the original signatures. 9. The attorneys executing this Stipulation for Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Stipulation for Judgment. 10. Defendant/Occupant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. DATE: Courtenay R. Dunn, Esquire Attorney for Plaintiff DATE: Richard F. Weinstein, Esquire Attorney for Defendant/Occupant 813302 Phelan Hallinan, LLP Jonathan Lobb, Esq.,.Id. No.312174 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 VRM (VENDOR RESOURCE MANAGEMENT), DULY AUTHORIZED AGENT FOR THE SECRETARY OF VETERANS AFFAIRS Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs No. 13-2927 CIVIL MICHAEL MCCANN Or occupants 919 ALISON AVENUE CUMBERLAND County MECHANICSBURG, PA 17055-3908 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 Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) That defendant MICHAEL MCCANN Or occupants, is over 18 years of age, and resides at 919 ALISON AVENUE, MECHANICSBURG, PA 17055-3908. (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. §4904 relating to unsworn falsification to authorities. Date: September 25, 2013 A� Jo than Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP PH# 813302 Whelan Hallinan, LLP Jonathan Lobb, Esq.,Id. No.312174 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 VRM (VENDOR RESOURCE MANAGEMENT), DULY AUTHORIZED AGENT FOR THE SECRETARY OF VETERANS AFFAIRS Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs No. 13-2927 CIVIL MICHAEL MCCANN Or occupants 919 ALISON AVENUE CUMBERLAND County MECHANICSBURG, PA 17055-3908 Defendant CERTIFICATION OF SERVICE PURSUANT TO Pa. R.C.P. 237 I hereby certify that on September 25, 2013 a copy of the attached Praecipe for Judgment in Ejectment was mailed by first class, regular mail to counsel for defendant: RICHARD F. WEINSTEIN, ESQUIRE 705 West Haverford Road, Suite 1 Bryn Mawr, PA 19010-3128 JuKathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP DATE: September 25, 2013 PRAECIPE FOR WRIT OF POSSESSION • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VRM (VENDOR RESOURCE MANAGEMENT), DULY AUTHORIZED AGENT FOR THE SECRETARY OF VETERANS AFFAIRS Plaintiff COURT OF COMMON PLEAS � CIVIL DIVISION -0:K vs No. 13-2927 CIVIL ? - -<> MICHAEL MCCANN Or occupants 919 ALISON AVENUE MECHANICSBURG, PA 17055-3908 CUMBERLAND County . _ -,- a ,r Defendant T PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 919 ALISON AVENUE, MECHANICSBURG, PA 17055-3908 "PLEASE SEE THE ATTACHED LEGAL DESCRIPTION" Being Known as No. 919 ALISON AVENUE Jo than Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP DATE: *a8.so o A-rN 50.1po 0-®° 103•?5 I, 1q. ?5 �l,•So " aIQ• ID PA ATTI Doe C Legal desciption All that certain parcel of land situated in the.Borough of Mechanicsburg, County of Cumberland and Commonwealth of:Pennsylvania, being known and designated as follows: Beginning at a point on the northern.line of Alison Avenue, said point being at the dividing line between Lots Nos. 20 and 21 on the hereinafter.mentioned Plan of Lots; thence along said dividing line North 03 degrees 38 minutes West, 179.90 feet to a point;thence South 66 degrees 22 minutes West, 139.87 feet to a point; thence South 23 degrees 38 minutes East, 160 feet to a point on the.northern line of Alison.Avenue;thence along the northern line of Alison Avenue,North 66 degrees 22 minutes East,27.04 feet to a point; thence continuing along the northern line of Alison Avenue on a curve to the right, having a radius of 150 feet, an are length of 52.36 feet to a point,the place of beginning. Being Lot No. 21. (erroneously stated as.Lot No. 1 on prior deed) on .Plan.No. 1 of Heritage Acres, said plan being recorded in Cumberland County Recorder's Office in Plan.Book 17,Page 60. Tax :Ill: 17-240791-008 Premises: 919 ALISON AVENUE lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA VRM(VENDOR RESOURCE AMANGEMENT), duly authorized agent for THE SECRETARY OF VETERANS AFFAIRS VS. No. 13-2927 Civil Term- MICHAEL MCCANN Or Occupants 919 ALISON AVENUE MECHANICSBURG,PA 17055-3908 Costs Attorney's $ 219.10 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)) VRM(VENDOR RESOURCE AMANGEMENT), duly authorized agent for THE SECRETARY OF VETERANS AFFAIRS being: (Premises as follows): 919 ALISON AVENUE,MECHANICSBURG,PA 17055-3908 ***PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 919 Alison Avenue (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.Buell,Prothonotary, Common Pleas Court of Cumberland County, PA 7/ - G C� 2of2 No 13-2927 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA VRM(VENDOR RESOURCE AMANGEMENT), duly authorized agent for THE SECRETARY OF VETERANS AFFAIRS VS. MICHAEL MCCANN Or Occupants WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 219.10 Plff(s) $ Prothy $ 2.25 Sheriff $ Plaintiff(s)attorney name and address: JONATHAN LOBB,ESQUIRE-ID# 312174 PHELAN HALLINAN,LLP 1617 JFK BOULEVARD, SUTIE 1400 ONE PENN CNETER 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 I caused the within named ,to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this Day of , Sheriff By SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny Sheriff RAnderson ; r �. 1 14rri N0 I Af1` 41artitixr of 4 �r�rarx Jody S Smith r 2013 OC _jt � Chief Deputy 04 Richard W Stewart CUMBERLAND u Solicitor OFFiCE OFTHESgE.RIFE: PENNSYLVANIA VRM Vendor Resource Managment, Duly Authorized Agent for the Secretary Case Number vs. Michael McCann 2013-2927 SHERIFF'S RETURN OF SERVICE 10/03/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant of 919 Alison Avenue, Borough of Mechanicsburg, Mechanicsburg, PA 17055, but was unable to locate the Defendant in his bailiwick. The only resident of 919 Alison Avenue, Borough of Mechanicsburg, Mechanicsburg, PA 17055 is defendant Michael McCann. The Sheriff therefore returns the within requested Writ of Possession as"Not Found"as to defendant OCCUPANT. 10/03/2013 02:40 PM - Deputy Jason Vioral, 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: Michael McCann at the Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, pennsylvania 17013, and informed Defendant of contents of same. SO ANSWERS, October 04, 2013 RbNrV R ANDERSON, SHERIFF (c)CourtySuRe Sheriff,Teleosoft,Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,y R Anderson 09 tit Cutruiert .riff 1 Jody S Smith (� Ti' L.• '' Chief Deputy Richard W Stewart ,it, f,tJ ;1: i Solicitor oFP CE+;aF n-=E ShER1Fr n-= 7)ENNSYLVIedilirl VRM Vendor Resource Managment, Duly Authorized Agent for the Secretary Case Number vs. Michael McCann 2013-2927 SHERIFF'S RETURN OF SERVICE 10/03/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant of 919 Alison Avenue, Borough of Mechanicsburg, Mechanicsburg, PA 17055, but was unable to locate the Defendant in his bailiwick. The only resident of 919 Alison Avenue, Borough of Mechanicsburg, Mechanicsburg, PA 17055 is defendant Michael McCann. The Sheriff therefore returns the within requested Writ of Possession as"Not Found" as to defendant OCCUPANT. 10/03/2013 02:40 PM- Deputy Jason Vioral, 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: Michael McCann at the Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, pennsylvania 17013, and informed Defendant of contents of same. 10/21/2013 By virtue of this writ, Sheriff Ronny R.Anderson caused the within named Plaintiff to have possession of the premises described as 919 Alison Avenue, Mechanicsburg, PA 17055. SHERIFF COST: $88.75 SO ANSWERS, October 24, 2013 RONNR ANDERSON, SHERIFF ,III 9.73 37 cow rty ui o hoot+is oso`i.t. .. 0