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Home My WebLink About14-1896 Supreme Court of Pennsylvania t C06 om leas ivil Cover S M t. For Prothonotary Use Only: CU B6RL ND County G� 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 ❑x Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: T CITIMORTGAGE, INC. JENNIFER L. OSBORN or Occupants I Name of Plaintiff/Appellant's Attorney: Phelan Hallinan, LLP O N ❑ Check here if you have no attorney are a Self-Represented Pro Sel Litigant A Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? : ❑Yes No (Check one) ❑outside arbitration limits Is this a Class Action Suit? ❑ Yes O-No Is this an MDJ Appeal? ❑ Yes U�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 ❑ Asbestos ❑ Other: N ❑ 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 ❑ Non - Domestic Relations PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure Residential Restraining Order • Dental ❑ Mortgage Foreclosure Commercial ❑ Quo Warranto • Legal ❑ Partition ❑ Replevin • Medical ❑ Quiet Title ❑ Other: • Other Professional: El Other: Pa.R.C.P. 205.5 Updated 1/1/2011 Phelan Hallinan, LLP By: Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000° CITIMORTGAGE, INC. Court of Common Pleas tZ, 1000 TECHNOLOGY DRIVE . � =, O'FALLON, MO 63368 Civil Division ;=t' Plaintiff' V. CUMBERLAND County JENNIFER L. OSBORN or Occupants 1507 SECOND STREET No. 14 1 q t Ls lU l ENOLA, PA 17025 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 PH # 938917 i . Plaintiff is CITIMORTGAGE, INC.. 2. Defendant is JENNIFER L. OSBORN or Occupants. 3. Plaintiff is the record owner of premises located at 1507 SECOND STREET, ENOLA, PA 17025, a legal description of which is attached. 4. Plaintiff became the owner of said premises as a result of the foreclosure and judicial sale by the Sheriff of CUMBERLAND County, on 12/04/2013, as evidenced by the Sheriffs deed recorded 03/27/2014 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201406193.. 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. Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP J LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the TOWNSHIP OF EAST PENNSBORO, formerly Borough of West Fairview, County of Cumberland, and State of Pennsylvania, more particularly bounded and described in accordance with survey of R & R Associates, dated October 29, 1979, and recorded with Deed in Deed Book T 28, Page 325, as follows: BEGINNING at a point on the eastern side of Second Street at the southern line of lands now or formerly of Roger L. and Wanda J. Baker; thence along lands now or formerly of Baker the following two courses and distances: (1) North 54 degrees 05 minutes east 36.40 feet; (2) North 67 degrees 36 minutes east 138.12 feet to a point; thence along lands now or formerly of G. L. Schutt, south 26 degrees 12 minutes east 20.20 feet to a point; thence along lands now or formerly of Leonard A. Rutter, Sr., south 63 degrees 48 minutes west 170 feet to a point; thence along Second Street, North 35 degrees 15 minutes west 23.50 feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Jennifer L. Osborn, married person, by Deed from James R. Wissler and Linda B. Wissler, his wife, fka, Linda B. Mantz, dated 04/30/2004, recorded 05/05/2004 in Book 262, Page 4218. PREMISES BEING: 1507 SECOND STREET, ENOLA, PA 17025 -3117 PARCEL NO. 45-16-1049-037 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 sheriff s 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 sheriffs 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. Date Jo than LObb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 232-PA-VI SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson LELHJ Sheriff THE PROTHOWTAt',-. ot Cirozio 20111 APR -8 PH ‘T' 35 CUMBERLAND COUNTY P-ENNSYLVANIA Jody S Smith. Chief Deputy Richard W Stewart Solicitor op:Fiu OF THE SHERIFF CITIMORTGAGE, vs. Jennifer Lynn Osborn Case Number 2014-1896 SHERIFF'S RETURN OF SERVICE 04/03/2014 07:35 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint in Ejectment by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jennifer Lynn Osborn at 1507 Second Street, East Pennsboro Township, Enola, PA 17025. NOAH CLINE, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, April 04, 2014 RONNI R ANDERSON, SHERIFF (ri) CountySulie Sheriff, Teieosoft, Phelan Hallinan, LLP 44dam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs JENNIFER L. OSBORN Or occupants 1507 SECOND STREET ENOLA, PA 17025 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 14-1896 CIVIL CUMBERLAND County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: CP .-cam 720 c Kindly enter Judgment in Ejectment in favor of Plaintiff, CITIMORTGAGE, INC. and against the Defendant(s) JENNIFER L. OSBORN and Or occupants for possession of premises 1507 SECOND STREET, ENOLA, PA 17025 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. Default Judgment entered as indicated above. DATE: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs JENNIFER L. OSBORN Or occupants 1507 SECOND STREET ENOLA, PA 17025 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 14-1896 CIVIL CUMBERLAND County 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 JENNIFER L. OSBORN 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, as amended. (b) That defendant JENNIFER L. OSBORN Or occupants, is over 18 years of age, and resides at 1507 SECOND STREET, ENOLA, PA 17025. (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: May 7, 2014 PH # 938917 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff VS Court of Common Pleas Civil Division No. 14-1896 CIVIL JENNIFER L. OSBORN or Occupants Defendant CUMBERLAND COUNTY TO: JENNIFER L. OSBORN or Occupants 1507 SECOND STREET ENOLA, PA 17025 DATE OF NOTICE: April 24, 2014 ** 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 Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH#938917 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE, INC. Plaintiff vs JENNIFER L. OSBORN Or occupants 1507 SECOND STREET ENOLA, PA 17025 Defendant COURT OF COMMON PLEAS CIVIL DIVISION No. 14-1896 CIVIL CUMBERLAND County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 1507 SECOND STREET, ENOLA, PA 17025 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION** Being Known as No. 1507 SECOND STREET DATE: mxt6 w5b pd iL/3- L-Iu,aS 10.3As " 1 V . soil `, m� 1�3.D fel (-ti—a II Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP ,gS buts ejj-kiwiFK �� ss9� Co cs r= Legal Description ALL THAT CERTAIN lot or piece of land situate in the TOWNSHIP OF EAST PENNSBORO, FORMERLY KNOWN AS Borough of West Fairview, County of Cumberland, and State of Pennsylvania, more particularly bounded and described in accordance with survey of R & R Associates, dated October 29, 1979, as follows: BEGINNING at a point on the eastern side of 2nd Street, at the southern line of lands now or formerly of Roger L. and Wanda J. Baker; thence along lands now or formerly of Baker, the following two courses and distances: (1) North 54 degrees 05 minutes East, 36.40 feet; (2) North 67 degrees 36 minutes East, 138.12 feet to a point; thence along lands now or formerly of G. L. Schutt, South 26 degrees 12 minutes East, 20.20 feet to a point; thence along lands now or formerly of Leonard A. Rutter, Sr., South 63 degrees 48 minutes West, 170 feet to a point; thence along 2nd Street, North 35 degrees 15 minutes West, 23.50 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a two-story dwelling house known as 507 2nd Street, West Fairview, Pennsylvania. BEING THE SAME PREMISES which Richard E. Whisler, single man, by Deed dated November 12, 1979, and recorded November 15, 1979, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book T, Volume 28, Page 325, granted and conveyed unto Linda B. Mantz, single woman. The said Linda B. Mantz, now known as Linda B. Wissler, has since intermarried with James R. Wissler, who joins in this conveyance to divest all right, title and interest in said property. lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. VS. No. 14-1896 Civil Term JENNIFER L. OSBORN OR OCCUPANTS 1507 SECOND STREET ENOLA, PA 17025 Costs Attorney's $ 193.70 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)) CITIMORTGAGE, INC. being: (Premises as follows): ***PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** (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, Prothonota Common Pleas Court of C mberland County, PA Date 5/8/14 (Seal) 2 of 2 No 14-1896 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. VS. JENNIFER L. OSBORN OR OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 193.70 Plff (s) $ Prothy $ 2.25 Sheriff $ Plaintiff (s) attorney name and address: ADAM H. DAVIS, ESQUIRE - ID# 203034 PHELAN HALLINAN, LLP 1617 JFK BOULEVARD, SUTIE 1400 ONE PENN CNETER PLAZA PHILADELPHIA, PA 19103 215-563-7000 By virtue of this writ, on the named , to have possession of the premises described with the Attorney for Plaintiff (s) Where papers may be served day of . I caused the within appurtenances, and Sworn and subscribed to before me this Day of So Answers, Sheriff By Prothonotary Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F10 FD -(3i F ir`` Sheriff ;i f tir PROTHONCTe Jody S Smith Chief Deputy Richard W Stewart Solicitor 1.11,01,4706, QFF!CE 2914 MAY 30 ASI 10. ; CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, Inc. vs. Case Number Jennifer Lynn Osborn 2014-1896 SHERIFF'S RETURN OF SERVICE 05/22/2014 09:22 PM - Jason Kinsler, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2014 at 2122 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Jennifer Lynn Osborn, by making known unto Paul Valentine, boyfriend and adult in charge, VIA DROP SERVICE at 1507 Second Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. NOTE: Paul Valentine, adult in charge, initially refused to provide his name/relationship to defendant, and stated he would not accept any paperwork. Valentine stated that the defendant was presently not home - she was at the grocery store. Valentine then shut the door. Deputy Kinsler then met up with East Pennsboro Police Departmet and Valentine was identified by EPPD and through his photo on J -Net. Deputy Kinsler then went back to the residence and observed Valentine standing outside talking on his cell phone. When Valentine saw Deputy Kinsler, he ran back inside and left his front door half way open. Deputy Kinsler announced himself, informed Valentine that he and Jennifer Osborn had 10 days to vacate the property, and tossed the paperwork inside the residence. JASO KIN LE DEPUTY SHERIFF COST: $47.20 SO ANSWERS, May 29, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoit inc. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY o rHoNo T',,. Hiti JUN 20 IN : 52 CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, Inc. vs. Jennifer Lynn Osborn Case Number 2014-1896 SHERIFF'S RETURN OF SERVICE 05/22/2014 09:22 PM - Jason Kinsler, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2014 at 2122 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Jennifer Lynn Osborn, by making known unto Paul Valentine, boyfriend and adult in charge, VIA DROP SERVICE at 1507 Second Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. NOTE: Paul Valentine, adult in charge, initially refused to provide his name/relationship to defendant, and stated he would not accept any paperwork. Valentine stated that the defendant was presently not home - she was at the grocery store. Valentine then shut the door. Deputy Kinsler then met up with East Pennsboro Police Departmet and Valentine was identified by EPPD and through his photo on J -Net. Deputy Kinsler then went back to the residence and observed Valentine standing outside talking on his cell phone. When Valentine saw Deputy Kinsler, he ran back inside and left his front door half way open. Deputy Kinsler announced himself, informed Valentine that he and Jennifer Osborn had 10 days to vacate the property, and tossed the paperwork inside the residence. 06/19/2014 By virtue of this writ, Sheriff Ronny R. Anderson caused the within named Plaintiff to have possession of the premises described as 1507 Second Street, Enola, PA 17025. SHERIFF COST: $96.53 SO ANSWERS, June 19, 2014 RONNY R ANDERSON, SHERIFF ..-aspi•6302S.75- - (c) CourtySuite Sheriff, Teleosoft, inc.