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HomeMy WebLinkAbout13-3788 Supreme Corm of-Pennsylvania f� `_N.: Cou"f C6inmoli Pleas For Prothonotaiy Use Only: Civil: CoVer >$Ieet Docket No: CUMBERLAAI 7 County I 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 lain or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons El Petition E Q Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: U . S . BANK, NATIONAL Lead Defendant's Name: STEPHANIE M. ASSOCIATION TRUSTEE FOR THE HERFORD n /k /a STEPHANIE M. AYERS T I Are money damages requested? 0 Yes El No Dollar Amount Requested: Flwithin arbitration limits (check one) El outside arbitration limits N Is this a Class Action Suit? 0 Yes ® No Is this an MDJAppeal? 0 Yes ® No A Name of Plaintiff/Appellant'sAttorney: Leon P. Haller Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) 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 Judo nents) CIVIL APPEALS 0 Intentional El Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution F1 Debt Collection: Credit Card El Board of Assessment rl Motor Vehicle n Debt Collection: Other M Board of Elections Nuisance n Dept. of Transportation S El Premises Liability 0 Statutory Appeal: Other �] Product Liability (does not include E mass tort) 0 Employment Dispute: Q Slander /Libel/ Defamation Discrimination C Other: 0 Employment Dispute: Other Ej Zoning Board 'I' Other: I r7l Other: O MASS TORT 0 Asbestos N [:] Tobacco Q Toxic Tort -DES ® Toxic Tort -Implant REAL PROPERTY Toxic Waste MISCELLANEOUS ® Other: Ejectment n Common Law /Statutory Arbitration B► n Eminent Domain/Condemnation Declaratory Judgment El Ground Rent Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIASLITY r_.1 Mortgage Foreclosure: Commercial n Quo Warranto Dental 0 Partition 0 Replevin Legal 0 Quiet Title 0 Other: Medical Other: Other Professional: Updated 1/1/2011 2 J 1 013 ,JUN P I LEON P. HALLER, ESQUIRE C AND ��� }� PURCELL, KRUG & HALLER W N, YLVq 1719 NORTH FRONT STREET HARRISBURG, PA 17102 -2392 (717)234 -4178 ATTORNEY FOR PLAINTIFF U.S. BANK, NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE CUMBERLAND COUNTY, PENNSYLVANIA AGENCY Plaintiff VS. CIVIL ACTION - LAW STEPHANIE M. HERFORD N K A NO. rrl C— p=i STEPHANIE M. AYERS Defendant IN EJECTMENT CD N O T I C E p� c a, YOU HAVE BEEN SUED IN COURT. If you wish to defend agairist� the claims set forth in the following pages, you must take action within twenty (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 any 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 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717)249 -3166 a�� � lob spa Cf�� /8 lolS� N O T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ARISTENCIA LEGAL CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17 013 TELEPHONE (717)249-3166 LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 - 2392 (717)234-4178 ATTORNEY FOR PLAINTIFF U.S. BANK, NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE ALLEGHENY COUNTY, PENNSYLVANIA AGENCY Plaintiff VS. CIVIL ACTION - LAW STEPHANIE M. HERFORD N /K /A NO. STEPHANIE M. AYERS Defendant IN EJECTMENT C O M P L A I N T 1. Plaintiff, U. S. Bank, National Association Trustee for the Pennsylvania Housing Finance Agency, pursuant to a Trust Indenture dated April 1, 1982, is a National Association with a servicing agent of Pennsylvania Housing Finance Agency with an office located at 211 North Front Street, Harrisburg, Pennsylvania 17102. 2. Defendant, Stephanie M. Herford n /k /a Stephanie M. Ayers, is an adult individual whose last known precise residence is 224 B Street, Carlisle, Pennsylvania 17013. 3. Plaintiff avers that any person not set forth above, but in possession of the premises set forth in Paragraph 2 is, and shall become a Defendant to this action by virtue of Rule 410(b)(2) of the Pennsylvania Rules of Civil Procedure, upon identification by the Sheriff of Cumberland County in his Return of Service of such person, and upon Praecipe of the Plaintiff. 4. Prior to June 5, 2013, Defendant was the owner of certain real property known as 224 B Street, Carlisle, Pennsylvania 17013. 5. Said premises were sold by the Sheriff of Cumberland County at a Sheriff's Sale held at the Cumberland County Court House on June 5, 2013, after due advertisement according to law, under and by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, No. 11 -8668 Civil Term at the suit of U. S. Bank, National Association Trustee for The Pennsylvania Housing Finance Agency vs. Stephanie M Herford n /k /a Stephanie M. Ayers. 6. The aforesaid property was purchased at sale by U.S. Bank, National Association Trustee for The Pennsylvania Housing Finance Agency, the said proceedings being incorporated herein by reference. 7. By virtue of the aforesaid Sheriff's Sale, Plaintiff acquired title to the said premises. 8. Defendant is presently in possession of the said premises, having come into said possession by virtue of her prior ownership. 9. Plaintiff's Abstract of Title is attached hereto as Exhibit "B". WHEREFORE, Plaintiff demands judgment against Defendant in Ejectment for recovery of premises described in Exhibit " A " attached hereto and made a part hereof, plus costs of suit. PURCELL, KRUG & HALL By Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102 -2392 (717)234 -4178 Attorney ID #15700 Attorney for Plaintiff Dated: June 25, 2013 ALL THAT CERTAIN lot, piece of ground, with the improvements thereon erected, situate in the Fifth Ward of Carlisle Borough, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey made by William B. Whittock, R.E., November 1, 1975, as follows, to wit: BEGINNING at a point at the intersection of the Eastern line of Fifty -four (54) feet wide Factory Street with the Southern line sixty (60) feet wide "B" Street; thence along the Southern line of said sixty (60) feet wide "B" Street, South seventy -six (76) degrees East, a distance of thirty -four (34) feet to a point at the Northwestern corner of premises known as 200 "B" Street; thence along the Western line of said premises known as 220 "B" Street and through the center line of the partition wall separating the dwelling known as 224 "B" Street, South fourteen (14) degrees West, a distance of fifty -eight (58) feet to a point on the Northern line of land now or late of Florence Lackey; thence along the Northern line of said Lackey land, North seventy -six (76) degrees West, a distance of thirty -four (34) feet to a point on the Eastern line of fifty - four (54) feet wide Factory Street, North fourteen (14) degrees East, a distance of fifty - eight (58) feet to a point on the Southern line of sixty (60) feet wide "B" Street, the Place of BEGINNING. HAVING THEREON erected one half of a double two and one half story frame dwelling known as 224 "B" Street and being a portion of Lot No. 1 and Lot No. 2, Section 8 of the Plan of Lots of Carlisle Land and Improvement Company recorded in Miscellaneous Book 11, Page 572. BEING KNOWN AS 224 "B" Street, Carlisle, Pennsylvania 17013. Property ID No. 06 -20- 1798 -105. EXHIBIT "A" PLAINTIFF'S ABSTRACT OF TITLE 1. Property acquired by Plaintiff at Cumberland County Sheriff's Sale conducted by Sheriff of Cumberland County on June 5, 2013. 2. Deed from Jerry Swartz and Deborah K. Swartz, husband and wife, dated June 3, 2008 and recorded June 16, 2008 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Instrument No. 200820007 to Stephanie M. Herford. EXHIBIT "B" Re: Stephanie M. Herford n/k/a Stephanie M. Ayers Loan No. 1767995 Property: 224 B Street, Carlisle, PA 17013 VERIFICATION I verify that the statements made in the foregoing Complaint in Ejectment are true and correct upon my personal knowledge and upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C. S. Section 4904 relating to unsworn falsification to authorities. U.S. BANK, NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY By: rRrC d2 o F Ld4 N �,pyicr Title Dated: 6 X 13 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1 ,! L J s i Jody S Smith Chief Deputy L113 JUL 2G A'H 10: 31 Richard W Stewart Solicitor 0 i ICC.C. 1 E$. ER!F" "U148E RLAi 0 roj,1 w;{ U.S. Bank National Assocation Case Number- vs. 2013-3788 Stephanie M. Herford SHERIFF'S RETURN OF SERVICE 07/22/2013 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, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Ejectment as"Not Found"at 224 B Street, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. SHERIFF COST: $48.34 SO ANSWERS, 4" July 24, 2013 ROW? R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc.