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HomeMy WebLinkAbout13-3607 Supreme Court of Pennsylvania Co oul Pleas y ivil ebyer Sh For Prothonotary Use Only: C ERSA'N1Q County yv � ���N 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 papers as required by law or rules of court. Commencement of Action: S 0 Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: T NATIONSTAR MORTGAGE, LLC WILLIAM E. MARTIN or Occupants I Name of Plaintiff/Appellant's Attorney: Phelan Hallinan, LLP O N ❑ Check here if you have no attorne are a Self-Represented Pro Se Litigant A Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? : ❑Yes MNo (Check one) ❑ outside arbitration limits Is this a Class Action Suit? ❑ Yes CYNo Is this an MDJ Appeal? ❑ Yes [A 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 O ❑Other: ❑ Asbestos N ❑ Tobacco • Toxic Tort - DES B ❑ Toxic Tort - Implant • Toxic Waste REAL PROPERTY MISCELLANEOUS • Other: d Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure Residential Restraining Order • Dental ❑ Mortgage Foreclosure Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 1 /1/2011 Y Phelan Hallinan, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff C , 1617 JFK Boulevard, Suite 1400 ) y One Penn Center Plaza - V -n7 Philadelphia, PA 19103 M S � m 215 -563 -7000 N r N NATIONSTAR MORTGAGE, LLC Court of Common Please © o 350 HIGHLAND DRIVE Z� ca ° � LEWISVILLE, TX 75067 Civil Division v u , Plaintiff V. CUMBERLAND County WILLIAM E. MARTIN or Occupants 12 BEIDLER DRIVE No. SHIPPENSBURG, PA 17257 -9746 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 # 319195 0 o-!T -Ddo -M, vos - 'r fi 1.. Plaintiff is NATIONSTAR MORTGAGE, LLC. 2. Defendant is WILLIAM E. MARTIN or Occupants. 3. Plaintiff is the record owner of premises located at 12 BEIDLER DRIVE, SHIPPENSBURG, PA 17257 -9746, 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 06/19/2013 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201320097. 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. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP M LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Village of Oakville, Township of North Newton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the back street in said Village of Oakville, at a common corner with land of Dana L. Haltar, et ux; which lot was formerly part of this same tract; thence by Dana L. Halter, et ux, land South 46 degrees West 375 feet to a point at corner with lands of Dana L. Halter, et ux, and Chester Failor, et ux; thence by Failor land 188.3 feet to a point on the Southern Rail of the Cumberland Valley Division of Pennsylvania Railroad Company; thence by same, North 43 degrees 15 minutes East a distance of 3722 feet to a point; thence by McCrea land the center of said Back Street, South 44 degrees East 213.4 feet to the place of BEGINNING. This conveyance is made with the provision as contained in the Deed dated the 28th day of June 1960, between Walter R. Foltz and Janet E. Foltz, his wife, and Dana L. Halter and Katherine V. Halter, his wife, and recorded in Deed Book D, Volume 20, Page 335, containing an easement as follows: 'A well shall be drilled by the Grantees on the land herein conveyed for water and the Grantees, their heirs and assigns, shall supply water without additional cost to the Grantors, their heirs and assigns for domestic purposes on the land retained by the Grantors and of which this tract formerly was a part.' `It is understood that all costs and maintenance to the pump shall be borne by the Grantees.' TITLE TO SAID PREMISES VESTED IN William E. Martin, single person, by Deed from Kenneth L.. Brumbaugh and Louise K. Brumbaugh, h/w, dated 03/18/2009, recorded 04/01/2009 in Instrument'Nurriber 200909962. PREMISES BEING: 12 BEIDLER DRIVE, SHIPPENSBURG, PA 17257 -9746 PARCEL NO. 30-25-0116-010 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this eviction action and am authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my information and belief. I was the attorney for the Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the property on behalf of the Plaintiff by bidding on the property at the sheriffs sale. I am making this verification rather than a representative of the Plaintiff because my firm has records regarding the purchase of this property at sheriff s sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 6/ �0 //J Date Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP PHS # 319195 SHERIFF'S OFFICE OF CUMBERLAND COUNTY., C . Ronny R Anderson H.i V ON .11" Sheriff `..i " Jody S Smith 2B13 JUL -9 Am 10. 13 Chief Deputy Y CUMBERLAND CUUN Richard W Stewart PEH@4SyL\1AN1A Solicitor OFFICE`CF r�`, ����'rr Nationstar Mortgage LLC Case Number vs. William E Martin 2013-3607 SHERIFF'S RETURN OF SERVICE 06/27/2013 06:49 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Ejectment by handing a true copy to a person representing themselves to be Deborah Martin, Wife,who accepted as"Adult Person in Charge"for William E Martin at 12 Beidler Drive, North Newton Township, Shippensburg, PA 17257. J ON KINSLER, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, June 28, 2013 RON R ANDERSON, SHERIFF (:)CountySuite Sheriff,Teleosoff.Inc. Phelan Hallinan,LLP `-Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION MM Tf,r' vs No. 13-3607 r- Cn D F C-D WILLIAM E. MARTIN Or occupants 12 BEIDLER DRIVE CUMBERLAND County o a o SHIPPENSBURG, PA 17257-9746 = .. Defendant -{ C �< PRAECICPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of Plaintiff, NATIONSTAR MORTGAGE, LLC and against the Defendant(s) WILLIAM E. MARTIN and Or occupants for possession of premises 12 BEIDLER DRIVE, SHIPPENSBURG, PA 17257-9746 for failure to file an Answer within twenty (20) days of service. ' - I hereby certify that according to Rule 237.1, written 10-day notice of Plaintiffs intention to file a praecipe for Entry of default Judgment was mailed to Defendant(s), a true and correct copy of which is attached hereto. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP Default Judgment entered as indicated above. : DATE: Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division VS No. 13-3607 WILLIAM E. MARTIN or Occupants Defendant CUMBERLAND COUNTY TO: WILLIAM E. MARTIN or Occupants 12 BEIDLER DRIVE SHIPPENSBURG, PA 17257-9746 DATE OF NOTICE: July 18, 2013 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or of objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 By: Jodathan Lobb, Esq.,Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP PH# 812953 Phelan Hallinan, LLP =Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs No. 13-3607 WILLIAM E. MARTIN Or occupants 12 BEIDLER DRIVE CUMBERLAND County SHIPPENSBURG,PA 17257-9746 Defendant VERIFICATION OF NON-MILITARY SERVICE I hereby verify that I am the Attorney for Plaintiff in the above captioned matter, and that on information and belief, I have knowledge of the following facts, to wit: (a) That the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) That defendant WILLIAM E. MARTIN Or occupants, is over 18 years of age, and resides at 12 BEIDLER DRIVE, SHIPPENSBURG, PA 17257-9746. (c) It is unknown whether any other occupants are in the military or are over 18 years of age. This statement is made subject to penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. Date: July 31, 2013 V- 41/ Adam H. Davis, sq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP PH# 812953 PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONSTAR MORTGAGE; LLC Plaintiff COURT OF COMMON PLEAS _ CIVIL DIVISION err' MI vs No. 13-3607 M WILLIAM E. MARTIN Or occupants i o 12 BEIDLER DRIVE �p CUMBERLAND County o SHIPPENSBURG, PA 17257-9746 —yam o CDR Defendant = W PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of. 12 BEIDLER DRIVE, SHIPPENSBURG, PA 17257-9746 "PLEASE SEE THE ATTACHED LEGAL DESCRIPTION" Being Known as No. 12 BEIDLER DRIVE Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP DATE: oAt SCE.(Do G3F 109. �s c� ti 4 L WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160-3165 etc.) NATIONSTAR MORTGAGE, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. Plaintiff No. 13-3607 Term: Vs. No. Term: WILLIAM E. MARTIN Or occupants 12 BEIDLER DRIVE SHIPPENSBURG, PA 17257- Costs 9746 Defendant Att'y $ Pl'ff(s) $ Prothy $ 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: NATIONSTAR MORTGAGE, LLC Plaintiff(s) Being: (Premises as follows): 12 BEIDLER DRIVE SHIPPENSBURG, PA 17257-9746 (2) To satisfy the costs against the defend ant(ss) you are directed to levy upon any property of the defendant(s) and sell his/her (or their) interest therein. 4 S Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Date By: Legal Description ALL THAT CERTAIN tract of land with the improvements thereon erected situated in the Village of Oakville, Township of North Newton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the backstreet in said Village of Oakville, at a common corner with land of Dana L. Halter, et ux, which lot was formerly of this same tract; thence by Dana L. Halter, et ux land South 46 degrees West (inadvertently stated as East in former Deed and stated in Halter Deed as 40 degrees) 375 feet to a point at corner with lands of Dana L. Halter, et ux and Chester Failor, et ux; thence by Failor land 188.3 feet to a point on the Southern Rail of the Cumberland Valley Division of Pennsylvania Railroad Company;thence, by same, North 43 degrees 15 minutes East a distance of 372.2 feet to a point; thence by McCrea land and the center of said Back Street, South 44 degrees East 213.4 feet to the place of BEGINNING. Having thereon erected a residential dwelling known and numbered as 12 Beidler Drive, Shippensburg, PA 17257. BEING the same premises which George H. Trafford and Gwendoline Trafford, husband and wife, by Deed dated July 11, 1968,.and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book V, Volume 22, Page 706, granted and conveyed unto Kenneth L. Brumbaugh and Louise K. Brumbaugh, husband and wife, Grantors herein. This conveyance is made with the provision as contained in the Deed dated the 28th day of June 1960,,between Walter R. Foltz and Janet E. Foltz, his wife, and Dana L. Halter and Katherine V. Halter, his wife, and recorded in Deed Book D, Volume 20, Page 335, containing an easement as follows: 'A well shall be drilled by the Grantees on the land herein conveyed for water and the Grantees, their heirs and assigns, shall supply water without additional cost to.the Grantors, their heirs and assigns for domestic purposes on the land retained by the Grantors and of which this tract formerly was a part.' W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAR MORTGAGE, LLC VS. No. 13-3607 Civil Term WILLIAM E. MARTIN OR OCCUPANTS 12 BEIDLER DRIVE SHIPPENSBURG,PA 17257-9746 Costs Attorney's $ 199.35 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)) NATIONSTAR MORTGAGE, LLC being: (Premises as follows): 12 BEIDLER DRIVE, SHIPPENSBURG,PA 17257-9746 (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. 7�a�, '� .� David D.Buell,Prothonotary, Common Pleas Court of Cumberland County, Date 8/1—/t _ 2of2 No 13-3607 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NATIONSTAR MORTGAGE,LLC VS. WILLIAM E.MARTIN OR OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Atfy $ 199.35 Plff(s) $ Prothy $ 2.25 Sheriff $ Plaintiff(s)attorney name and address: ADAM H. DAVIS,ESQUIRE - ID#203034 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 215-563-7000 Attorney for Plaintiff(s) Where papers may be served By virtue of this writ,on the day of 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 Prothonotary Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r� Sheriff , y44e4t' 3t �Iar,a� r�� Jody S Smith r-1 Chief Deputy i a Richard W Stewart Solicitor pMCEE��F �E ZRW�7 !< _ C�) cn Nationstar Mortgage LLC vs. Case Number William E Martin 2013-3607 SHERIFF'S RETURN OF SERVICE 08/07/2013 07:46 PM-Deputy Jeff Kolodzi, being duly swom 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: William E Martin at 12 Beidler Drive, North Newton Township, Shippensburg, PA 17257, Cumberland County, informed Defendant of contents of same and posted Sheriffs Notice on premises. J K ODZI,Y EPUTY SHERIFF COST: $52.85 SO ANSWERS, August 08, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff.Teleosoft,Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson V r !1 ED-O F lGE-- Sheriff Qj THE PRO fUONO-Ti-�RY a�0%vi 01 awt� r y % Jody S Smith 2013 AUG 30 PM 2. 4? Chief Deputy ��Aom, Richard W Stewart . CUMBERLAND COUNTY Solicitor OFPCE OFTHE SHERIFF PENNSYLVANIA Nationstar Mortgage LLC vs. Case Number William E Martin 2013-3607 SHERIFF'S RETURN OF SERVICE 08107/2013 07:46 PM- Deputy Jeff Kolodzi, 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: William E Martin at 12 Beidler Drive, North Newton Township, Shippensburg, PA 17257, Cumberland County, informed Defendant of contents of same and posted Sheriffs Notice on premises. 08/30/2013 By virtue of this writ, Sheriff Ronny R.Anderson caused the within named Plaintiff to have possession of the premises described as 12 Beidler Drive, Shippensburg, PA 17257-9746. SHERIFF COST: $108.02 SO ANSWERS, August 30, 2013 RbNW R ANDERSON, SHERIFF Olt (c)CountySuite Sheriff,Teleosoft,Inc. FILED-OFFICE. OF THE PROTHONGTAR Phelan Hallinan,LLP t013 OCT . [4 AM 10: 31 orney For Plaintiff 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County WILLIAM E.MARTIN Or Occupants No. 13-3607 Defendant PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled, Discontinued and Ended. ❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ®Please mark the judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: [Cl//1 L7 PHELAN HAL LINAN,LLP By: 614& Adam H.Davis,Esq., Id.No.203034 Attorney for Plaintiff PH#812953 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 NATIONSTAR MORTGAGE,LLC Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County WILLIAM E. MARTIN No. 13-3607 Or Occupants Defendant PH#812953 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: WILLIAM E.MARTIN Or Occupants 12 BEIDLER DRIVE SHIPPENSBURG,PA 17257-9746 Date: /0/i //-N? PHELAN HALLINAN, LLP By: flit Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff