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Home My WebLink About14-2989 Supreme Court of Pennsylvania Court of Common Pleas ForPmdtonowry Use Only. Civil Cover Sheet DoeketNo: 1rIQ�S g� Cumberland County /AJ —4296? f The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the film and service ofpleadings or other papers as required bz law or rules o court. Commencement of Action: E x Complaint ❑ Writ of Summons ❑Petition C ❑Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name:SRMOF 112012-1 TRUST,U.S. Lead Defendant's Name:JAMES M.GANT,III OR OCCUPANTS T BANK TRUST NATIONAL ASSOCATION,NOT IN j ITS INDIVIDUAL CAPACITY BU7SOLELY AS j O TRUSTEE E ! N Are money damages requested? : ❑Yes X No Dollar Amount Requested: within arbitration limits A, Check one) outside arbitration limits I Is this a Class Action Suit? 0 Yes ❑X No Is this an MDJA eal? ❑ Yes OX No j Name of Plaintiff/Appellant's Attorney: Martha Von Rosenstiel,Esa. ❑ Check here if you are a Self-Represented (Pro Se Litigant r Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PREVARF CASE. If you are making more than one type of claim,check the one that { you consider most important. I 'PORT{do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS i ® huentional ®Buyer Plaintiff Administrative Agencies O Malicious Prosecution ®Debt Collection:Credit Card 13 Board.of Assessment ® Motor Vehicle ®Debt Collection:Other ® Board of Elections 13 Nuisance Q Dept.of Transportation ® Premises Liability ® Statutory Appeal:Other S ®Product Liability('does not include Dispute: ,mass tort) ®EmploymentDi.� E ® Slander/Libel/Defamation Discrimination C Other: ®Employment Dislrttte:Other 13 Zoning Board T 13 Other: E3 Other: o MASS TORT ® Asbestos N 0 Tobacco 13 Toxic Tort-DES 13 Toxic Tort-Implant REAL PROPERTY AUSCELLANEOUS 13 Toxic Waste B 13 Other: 0 Ejectment ®Cazumort La�vlStatutary Arbitration ®Eminent Domain/Condmunation ® Declaratory Judgment. Q Ground Rent Mandamus ®Landlord/Tenant Dispute Non-Domestic.Relations --- - -- 13 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLIT'Y ®Mortgage Foreclosure:Commercial 13 Quo Wasranto 13 Dental [3 Partition 0 Replevin 13 Legal [3 Quiet Title ®Other: 13 .Medical ®Other. ® Other Professional: I Updated 1/.X121711 MARTHA E. VON ROSENSTIEL, P.C. 33679-CFC-EM Martha E. Von Rosenstiel, Esquire/No. 52634 0 T IE �'k;0 H0; i T, Y_ Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 20 h 11A 1° 19 Pil 2: t,y` Secane, PA 19018 CUMBERLAND COUNTY (610) 328-2887 PENNSYLVANIA Attorneys for Plaintiff SRMOF I12012-1 TRUST, U.S. BANK TRUST NATIONAL COURT OF COMMON PLEAS OF ASSOCATION,NOT IN ITS INDIVIDUAL CAPACITY BUT CUMBERLAND COUNTY SOLELY AS TRUSTEE 9990 Richmond Avenue, Suite 400S Houston, TX 77042 ; Plaintiffr V. NO. 4/ o2 48 1. u,L JAMES M. GANT, III OR OCCUPANTS 135 Tory Circle Enola, PA 17025 Defendant(s) CIVIL ACTION-EJECTMENT NOTICE ADVISO You have been sued in court. If you wish to defend against the claims Le ban demandado a usted en la corte.Si usted quiere defenderse de set forth in the following pages,you must take action within twenty(20) estas demandas expuestas en las paginas siguientes,usted tiene days after this complaint and notice are served,by entering a written veinte(20)dias de plazo al partir de la fecha de la demanda y la appearance personally or by attorney and filing in writing with the court notificacion. Hace falta a sentar una comparencia escrita o en your defenses or objections to the claims set forth against you.You are persona o con un abogado y entregar a la corte en forma escrita sus warned that if you fail to do so the case may proceed without you and a defensas o sus objeciones a las demandas en contra de su persona. judgment may be entered against you by the court without further notice Sea a visado que si usted no se defiende,la corte toma ra medidas y for any money claimed in the complaint or for any other claim or relief puede continuar la demanda en contra suya sin previo aviso o requested by the plaintiff. You may lose money or property or other notificacion. Ademas,la corte puede decidir a favor del rights important to you demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT LLEVE ESTA DEMANDA A UN ABOGADO ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN TELEPHONE THE OFFICE SET FORTH BELOW.THIS PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT .ESTA OFICINA LE PUEDE PROVEER INFORMACION HIRING A LAWYER.IF YOU CANNOT AFFORD TO HIRE A SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER A UN ABOGADO,LE PODEMOS DAR INFORMACION LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A FEE OR NO FEE PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 MARTHA E. VON ROSENSTIEL, P.C. 33679-CFC-EM Martha E. Von Rosenstiel, Esquire/No. 52634 Heather Riloff, Esquire/No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff SRMOF 11 2012-1 TRUST, U.S. BANK TRUST COURT OF COMMON PLEAS OF NATIONAL ASSOCATION, NOT IN ITS CUMBERLAND COUNTY INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE 9990 Richmond Avenue, Suite 400S Houston, TX 77042 Plaintiff / V. NO. JAMES M. GANT, III OR OCCUPANTS 135 Tory Circle Enola, PA 17025 Defendant(s) CIVIL ACTION- EJECTMENT 1. Plaintiff, SRMOF 11 2012-1 Trust, U.S. Bank Trust National Assocation, not in its individual capacity but solely as Trustee, is the owner of premises known as 135 Tory Circle, Enola, PA 17025, more fully described in the legal description, a true and correct copy is attached hereto, made part hereof and marked as Exhibit I. 2. Plaintiff claims title to the aforesaid property by virtue of a Sheriffs sale held on December 4, 2013, in the execution of a judgment in mortgage foreclosure obtained in the Court of Common Pleas of Cumberland County, Docket No. 2009-624 where Plaintiff was the successful bidder. 3. The Plaintiff became the owner of the said property by a sheriff's deed recorded on May 1, 2014 in the Office of the Recorder of Cumberland County at Instrument No. 201408809, said Deed being attached hereto and marked as Exhibit II. 4. Plaintiff, by virtue of the aforesaid title, is the owner in fee of the said premises, and is entitled to possession thereof. The Defendants James M. Gant, III or Occupants are occupying the said premises without right, and so far as the Plaintiff is informed, without claim of title. 5. On May 2, 2014 a ten day Notice to Vacate was sent via regular mail to the Defendants. A copy of the Notice to Vacate and mailing receipt are attached hereto and marked at Exhibit III. WHEREFORE,plaintiff demands judgment for possession of 135 Tory Circle, Enola, PA 17025. MARTHA E. VON ROSENSTI L, P.C. B artha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Attorneys for Plaintiff VERIFICATION I verify that the statements made in the foregoing documents are true and correct and are matters of public record. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. MARTHA E. VON ROSENST L, P.C. BY- Martha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Attorneys for Plaintiff Dated: May 16, 2014 EXHIBIT I .ALL THAT CERTAIN piece of parcel of Land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown. and designated as Lot leo. 171, on a plan entitled, "REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO.2, 6, 8 & 9", dated July 1.7, 1997, recorded in the Office of the Recorder of Deeds of Cumberland.County, Pennsylvania in Plan Book 75, Page 132, bounded. limited and more particularly described in a Deed dated 3x17106, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March 1.7, 2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006, in Deed Book 273, Page 3339, granted and conveyed unto James M. Gant, IIT. AND BEING the same premises which were sold to SRMOF 11 2012-1 TRUST, U.S. BANK TRUST NATIONAL ASSOCATION,NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE, as Trustee by the,Sheriff of CUMBERLAND County on December 04, 2013 in execution of a judgment in mortgage foreclosure entered in the Court of Common Pleas of CUMBERLAND County Docket No. 2009-624. C BQ36DL Tax Parcel No 09-14-0835-271 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 S 1.00 (One Dollar)to me in hand paid, do hereby grant and convey to SRMOF 11 2012-1 Trust, U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Trustee 2009-624 Civil Term Chase Home Finance LLC,s/b/m/t Chase Manhattan Mortgage Corporation Vs James M. Gant, III ALL THAT CERTAIN piece of parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown and designated as Lot No. 171, on a plan entitled, "REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO.2, 6, 8 & 9", dated July 17, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. -BEING the same premises which Laurel Hills Development Corp., by Deed dated March 17, 2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006, in Deed Book 273, Page 3339, granted and conveyed unto James M. Gant, Ill. The same having been sold by me to the said grantee on the 4th day of December 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 April Anno Domini 2013 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Nine(2009)Number 624 at the suit of Chase Home Finance LLC,s/b/m/t Chase Manhattan Mortgage Corporation -vs-James M. Gant, III In Witness Whereof, I have hereunto affixed my signature this 24th day of March Anno Domini Two Thousand and Fourteen (2014) tinny . Anderson, heriff 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 24th day of March Anno Domini Two Thousand and Fourteen (2014) P �ot rPA my oriron�f Monday ofJan'Me ell, I hereby certify th4t the residence And Post Office address of the Within Grantee is 9990 Richmond Avenue �f :` ,"`, •` ' Suite 4005 Houston,TX 77042 Richard W. Stewart Solicitor REV-193 EX(04-10) RECORDER'S USE ONLY REALTY TRANSFER TAX State Tax Paid lqqq.,3� COMMONWEALTH OF PENNSYLVANIA STATEMENT OF VALUE Book Number DEPARTMENT OF REVENUE Page Number BUREAU OF INDIVIDUAL TAXES DEPT.280603 See Reverse for Instructions Date Recorded HARRISBURG,PA 17128-0603 Complete each section and file in duplicate with Recorders of Deeds when(1)the full value/consideration is not set forth in the deed,(2)when the deed is without consideration,or by gift,or(3)a tax exemptions is claimed.A statement of value is not required if the transfer is wholly exempt from tax based on:(1)family relationship or(2)public utility easement.If more space is needed,attach additional sheet(s). A. CORRESPONDENT—All inquires may be directed to the following person: Name Telephone Number Phelan Hallinan,LLP Area Code 215-563-7000 Street Address City State Zip Code 1617 JFK Boulevard,Suite 1400 Philadelphia PA 19103 One Penn Center Plaza B. TRANSFER DATA C. Date of Acceptance of Document Grantor(s)/Lessor(s) Grantee(s)/Lessee(s) Ronny R.Anderson,Sheriff SRMOF 112012-1 TRUST,U.S.BANK TRUST NATIONAL ASSOCIATION,NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE Street Address Street Address 1 Courthouse Square,Room 303 9990 RICHMOND AVENUE,SUITE 400S City state Zip Code City State Zip Code Carlisle PA 17013 HOUSTON TX 77042 D. REAL ESTATE LOCATION Street Address City,Township,Borough 135 TORY CIRCLE EAST PENNSBORO TOWNSHIP ENOLA,PA 17025-2692 County School District =09-114-0835-271 Parcel Number CUMBERLAND EAST PENNSBORO AREA S.D. E. VALUATION DATA—WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION? ❑ V ® N I.Actual Cash Consideration 2.Other Consideration 3.'Total Consideration $1,164.00(winning bid + -0- =51,164.00 4.County Assessed Value 5.Common Level Ratio Factor 6.Fair Market Value S148,700.00 x 097 =5144,239.00 F. EXEMPTION DATA TRANSFER TAXES= CITY=51,442.39 STATE=51,44239 Ia.Amount of Exemption Claimed lb.Percentage of Grantor's Interest in Real Estate lb.Percentage of Grantor's Interest in Real Estate 0% 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 amended trust. ❑ Transfer between principal and agent/straw patty.(Attach complete copy of agency/straw party agreement) ❑ Transfer to the Commonwealth,the United States and Instrumentalities by gift,dedication,condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation,attach copy of resolution.) ❑ Transfer from mortgagor to a holder of a mortgage h der'ault. (Attach copy of mortgage andnote/assignment) ❑ Corrective confirmatory deed.(Attach complete copy of the poor deed being corrected or confirmed) ❑ Statutory corporate consolidation,merge,or division(Attach copy of articles) ❑ *Other(Please explain exemption claimed,if other than listed above. Under Penalties of law,I declare that I have examined this Statement,including accompanying information,and to the best of my knowledge and belief,it is true,correct and complete. Signature or Correspondent or Responsible Party pate SEAN M1ICDUNNEl,1. FAILURF TO COMPLETE THIS FORM PROPER.Y O!R ATTACH APPLICABIJ:DOCUNIF.NTATiON MAV RESULT IN'THE RECORDER'S REFUSAL TO RECORD THE DEED. TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240.6370 = Instrument Number-201408809 Recorded On 5/1/2014 At 8:07:37 AM *Total Pages -5 *Instrument Type-DEED-SHERIFF'S Invoice Number- 160219 User ID-KW *Grantor-GANT,JAMES M III *Grantee-SRMOF H 2012-1 TRUST *Customer-SHERIFF *FEES STATE TRANSFER TAX $1,442.39 Certification Page STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 DO NOT DETACH JUSTICE RECORDING FEES — $12.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $15.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 EAST PENNSBORO SCHOOL $721.20 DISTRICT EAST PENNSBORO $721.19 TOWNSHIP TOTAL PAID $2,952.78 I Certify this to be recorded in Cumberland County PA a�oe cu�y@� 9 0 RECORDER OF DEEDS riao *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0036DI 1111111111111111111111111 MARTHA E.VON ROSENSTIEL,P.C. ATTORNEY AT LAW 649 SOUTH AVENUE,UNIT 7 Martha E.Von Rosenstiel,Esquire SECANE,PA 19018 Heather Riioff, Esquire Phone(610)328-2887 Fax(610)328-2649 JAMES M. GANT, III OR OCCUPANTS 135 Tory Circle Enola,PA 17025 NOTICE TO VACATE & TENANT'S RIGHTS UNDER FEDERAL LAW NOTICE IS HEREBY GIVEN THAT SRMOF II 2012-1 Trust, U.S. Bank Trust National Assocation, not in its individual capacity but solely as Trustee,or its predecessor in interest,acquired title to the Premises at a foreclosure sale held December 04,2013 and perfected title by deed recorded on May 01, 2014 at Instrument No. 201408809 in the Office of the Recorder of Cumberland County. NOTICE IS FURTHER GIVEN THAT the Federal "Protecting Tenants at Foreclosure Act of 2009"("PTFA")grants certain rights and protections to any occupant of the Premises who is a"bona fide"tenant,as defined by the PTFA. SRMOF 11 2012-1 Trust,U.S. Bank Trust National Assocation,not in its individual capacity but solely as Trustee is informed and believes that no occupant of the Premises is a"bona fide"tenant as defined by the PTFA. This Notice is given, in part, to provide any occupant the opportunity,prior to the commencement of the eviction action for possession, to provide acceptable evidence to show that the occupant is entitled to the protection of the PTFA. TEN (10) DAY NOTICE TO VACATE If you are a former owner or a person who is not a"bona fide"tenant under the PTFA, SRMOF 11 2012-1 Trust, U.S. Bank Trust National Assocation, not in its individual capacity but solely as Trustee terminates any and all rights to occupancy and instructs you to vacate the Premises no later than ten(10) days following delivery of this letter. ALTERNATIVE NINETY (90) DAY NOTICE In the event any occupant of the Premises is a bona fide tenant as defined by PTFA, this letter is the NINETY(90)DAY Notice to Vacate as required by PTFA. Thus,all occupants are required within ten(10)days after receipt by you of this Notice EITHER to produce acceptable evidence to this law firm that the occupant is entitled to the protections of the PTFA OR to vacate and surrender possession of the Premises to SRMOF II 2012-1 Trust, U.S. Bank Trust National Assocation, not in its individual capacity but solei as Trustee, through Robert Hoobler, its agent, who can be reached at 717-920-6400 from of I a.m to 5:00 p.m, on all business days. Failure to supply the acceptable evidence or to vacate within that time will result in an eviction proceedin for see the next paragraph for instructions on how to supply this evidence.PrePossession of themTHE EVI ises beingfi d Please ON WILL BE FILED WITHIN TEN(10)DAYS OF YOUR RECEIPT OF THIS LETTER UNLESS THIS FIRM AGREES IN WRITING NOT TO COMMENCE THE EVICTION. BONA FIDE TENANT INFORMATION IF YOU BELIEVE YOU QUALIFY AS A BONA FIDE TENANT UNDER PTFA of the prior owner,you must provide the following documents: • A copy of your lease • If your lease is oral, proof of rent payment,a written explanation of the terms of the agreement under which you occupy the property including without limitation,the date you entered into the agreement,the names of all parties who entered into the agreement, the term of the agreement,the amount of monthly rent,the utilities paid by the landlord(if any),the amount of the security deposit(if any) • Description of any assistance received under the Department of Housing and Urban Development's Section 8 Housing Program; • A list of any conditions at the Property that require repair • A return phone number and the best time to reach you • The receipt for the last six(6) payments made to the landlord for the residence(or the length of time you have resided in the property,if less than six (6) months) by mail,fax,or in person to: Martha E. Von Rosenstiel,P.C. 649 South Avenue, Unit 6 Secane,PA 19018 Fax: 610-328-2649 For any questions,please call 610-328-2887 ext 27 Your lease will be considered BONA FIDE ONLY IF ALL THE FOLLOWING CONDITIONS EXIST: • You are not the former mortgagor • You are not the child,spouse,or parent of the former mortgagor. • The lease is the result of an arms-length transaction. . • The lease requires the receipt of rent that(i)is not substantially less than fair market rent for the Pro rty(or if there is more than one unit,each unit's rent), or(ii the Property's or the subje unit's rent is reduced or . bsidized due to any federal,st t ar local subsid . Martha E.Von Rosenstiel, Esquire Date: S Z 11A Attorney for Plaintiff If you have any questions regarding this Notice or your rights please contact your own attorney as we cannot provide legal advice to you. You could also contact lawyer referral service at the below contact information if you need legal advice. Please be guided accordingly. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 u POT L.SFRVI Tr _ r MAY DE USED FOR DOMESTIC AND 1 n stamps PROVIDER INSURANCE—POSTMAS3 r+ 11�OCy N(j s"' f nttctepcPOSta&e and ReceiVed From 02 1° � wire of t �"z 00 1 t 38253 � current MAILED FRO�� MARTHA VON ROSENSTIE P C ,P 649 SOUTH AVENUE UNIT 7 i4 SECANE, PA 19018 " Ont:Piece of ordinary mail addrcssed tu: �` JAMES M. GANT, III OR OCCUPANT � °�1 f 135 Tory Circle S >;' Enola, PA 17025 PS Forth 3817,Mar.1989 r-: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Z. -1 MAY 28 P�"i 2 5 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor opHcflv,rHEsHipp, PENNSYLVANIA SRMOF II 2012 -1 Trust, U.S. Bank Trust National Association vs. James M. Gant, III Case Number 2014 -2989 SHERIFF'S RETURN OF SERVICE 05/20/2014 04:21 PM - Sheriff Ronny R Anderson, 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 Served" at 135 Tory Circle, East Pennsboro Township, Enola, PA 17025.There were no occupants other than the defendant James Gant, III. 05/20/2014 04:21 PM - Deputy Jason Kinsler, 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: James M. Gant, III at 135 Tory Circle, East Pennsboro Township, Enola, PA 17025. SHERIFF COST: $44.95 SO ANSWERS, May 21, 2014 RONNY R ANDERSON, SHERIFF MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff • SRMOF 11 2012-1 TRUST, U.S. BANK TRUST NATIONAL ASSOCATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE 9990 RICHMOND AVENUE, SUITE 4005 HOUSTON TX 77042 PLAINTIFF VS. JAMES M. GANT, III OR OCCUPANTS 135 TORY CIRCLE ENOLA PA 17025 DEFENDANT(S) TO THE PROTHONOTARY: OF THE PROTHONOTARY 2814 JUN 27 Pt! 1; 13 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY : CASE NO: 14-2989 PRAECIPE TO ENTER JUDGMENT 33679CFJ-EM Enter judgment in the above captioned Ejectment action for failure of the above named defendants to file an answer within twenty days from date of service thereof. I hereby certify that Notice as provided in Rule 237.5 has been duly given, and that the time limits provided for in that notice have expired as evidenced by the attached Exhibit I. Property Address: 135 TORY CIRCLE ENOLA PA 17025 MARTHA E. VON ROSENSTIEL, P.C. Dated: June 24, 2014 Martha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Attorneys for Plaintiff alvo 5,pd et,,, loos girt 305-m, Noke, (ad MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff SRMOF II 2012-1 TRUST, U.S. BANK TRUST : COURT OF COMMON PLEAS NATIONAL ASSOCATION, NOT IN ITS : CUMBERLAND COUNTY INDIVIDUAL CAPACITY BUT SOLELY AS : TRUSTEE 9990 RICHMOND AVENUE, SUITE 400S . HOUSTON, TX 77042 : CASE NO: 14-2989 PLAINTIFF VS. JAMES M. GANT, III OR OCCUPANTS 135 TORY CIRCLE ENOLA, PA 17025 DEFENDANT TO: James M. Gant, III 135 Tory Circle Enola, PA 17025 IMPORTANT NOTICE #33679CTD - EM 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 OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 MARTHA E. VON ROSENST t L, P.C. BY Dated:6/10/14 a E. Von Rosenstiel, Esquire Heather Riloff, Esquire Attorneys for Plaintiff MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff SRMOF II 2012-1 TRUST, U.S. BANK TRUST : COURT OF COMMON PLEAS NATIONAL ASSOCATION, NOT IN ITS : CUMBERLAND COUNTY INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE 9990 RICHMOND AVENUE, SUITE 400S HOUSTON, TX 77042 : CASE NO: 14-2989 PLAINTIFF VS. JAMES M. GANT, III OR OCCUPANTS 135 TORY CIRCLE ENOLA, PA 17025 DEFENDANT TO: Occupants 135 Tory Circle Enola, PA 17025 IMPORTANT NOTICE #33679CTD - EM 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 OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. Dated: 6/10/14 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 170I3 717-249-3166 800-990-9108 E; VON ROSEN TIEL, P.C. Martha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Attorneys for Plaintiff MARTHA E. VON ROSENSTIEL; P.C. 33679CFJ-EM Martha E Von Rosenstiel, Esquire / No.` 52634 . Heather. Riloff, Esquire / No. 309906 649 South Avenue,' Suite 7 Secane, PA 190.18 (610;328-2887 Attorneys for Plaintiff SRMOF II 2012-1 TRUST, U.S. BANK : COURT OF COMMON. PLEAS TRUST NATIONAL ASSOCATION, NOT : CUMBERLAND COUNTY IN ITS`INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE , i TRUST:EE 9990 RICHMOND AVENUE, SUITE 400S HOUSTON TX 77042 : : CASE NO: -14-2989 PLAINTIFF VS. JAMES M. GANT, III OR OCCUPANTS 135 TORY CIRCLE . . ENOLA PA 17025 DEFENDANT(S) AFFIDAVIT OF NON MILITARY SERVICE Martha E. Von Rosenstiel, Esquire hereby, certifies that:• 1 I am theattorney for the plaintiff herein. 2. The individual(s) involved in this taction is/are the Pori -her owner(s)/occupant(s) of the premises described in the ejectment underlying action. 3. The.procedures of the Law Office of Martha? E. Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the defendant(s).and occupant(s). Said procedures were followed in connection with the instant ejectment proceeding. 4. Inquiry made with the Department Of Defense, has confirnied!that the defendant(s) is/are not in the military. On information and belief, n.med defendant(s) aril occupant(s) is/arelnot`incompetentnor a service member"iii military service as defined by the Servicemembers Civil Relief Act of 2013, 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to penalties of 18 Pa C.S. Section 4904 r'elatin: to unsworn falsification to authorities. MART E. VON ROSENSTIE , P.C. BY: Dated: June 24, 2014 ha'E. Von Rosenstiel, Esquire ;HeatherRiloff, Esquire Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 David D. Buell, Prothonotary James M. Gant, III or Occupants 135 Tory Circle Enola, PA 17025 SRMOF 11 2012-1 TRUST, U.S. BANK : COURT OF COMMON PLEAS TRUST NATIONAL ASSOCATION, NOT : CUMBERLAND COUNTY IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE PLAINTIFF VS. JAMES M. GANT, III OR OCCUPANTS DEFENDANT(S) : NO: 14-2989 Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment for possession has been entered against you in the above prediis ited below: X Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney Martha E. Von Rosenstiel, Esquire at this telephone number:610-328-2887. 33679CFJ-EM 33679CPG-EM Praecipe for Writ of Possession (Pa.R.C.P. 3160-3165) COUNTY OF CUMBERLAND SRMOF II 2012-1 TRUST, U.S. BANK TRUST NATIONAL COURT OF COMMON PLEAS ASSOCATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE DOCKET NO. 14-2989 v. ATTORNEY I.D. #52634 JAMES M. GANT, III OR OCCUPANTS TO THE PROTHONOTARY: Kindly issue Writ of Possession in the above Ejectment matter. 135 Tory Circle Enola, PA 17025 0Jatso) g'30 -et a LtLi.a s �R SDK u kcl rp 4J MARTHA E. VON ROSENSTI I L, P.C. BY: M.' ha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Attorneys for Plaintiff ,moi? &01-661C gli >G ��JJaG PITS -141 loft WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SRMOF II 2012-1 TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE VS. No. 14-2989 Civil Term JAMES M. GANT, III OR OCCUPANTS Costs Attorney's $ 193.70 Plaintiff's $ Prothonotary $ 2.25 DUE CO 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)) SRMOF II 2012-1 TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE being: (Premises as follows): 135 TORY CIRCLE, ENOLA, PA 17025 (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. 111 I .: • 1, Prothonotary, Common Pleas Court of Cumberland County, PA Date 6/27/14 (Seal) 2 of 2 No 14-2989 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SRMOF II 2012-1 TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE VS. JAMES M. GANT, III OR OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 193.70 P1ff (s) $ Prothy $ 2.25 Sheriff $ Plaintiff (s) attorney name and address: Martha E. Von Rosenstiel, Esq. MARTHA E. VON ROSENSTIEL, P.C. 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICErtj.E $L.�.R,IFF JUL PR `:'.lff'F'BERLAIWJ t.1�U,L PE .��od a SYLV SRMOF II 2012-1 Trust, U.S. Bank Trust National Association Case Number vs. James M. Gant, Ill 2014-2989 SHERIFF'S RETURN OF SERVICE 07/03/2014 04:30 PM - Deputy Jamie DiMartle, 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: James M. Gant, Ill at 135 Tory Circle, East Pennsboro Township, Enola, PA 17025, Cumberland County, and informed Defendant of contents of same. SHERIFF COST: $57.20 SO ANSWERS, July 07, 2014 (c) CountySuite Sheriff, Teleosoft, =.c. tom'' RON4 R ANDERSON, SHERIFF Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY flLED-OFFICE ca,,,titi,, Ot Eaoff��,,he OF THE PROTHONOTARY if 2094 JUL 25 AM :9: 3 OFFICE OF THE SHERIFF CUMBERLAND COUNTY PENNSYLVANIA SRMOF 11 2012-1 Trust, U.S. Bank Trust National Association vs. James M. Gant, III Case Number 2014-2989 SHERIFF'S RETURN OF SERVICE 07/03/2014 04:30 PM - Deputy Jamie DiMartle, 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: James M. Gant, III at 135 Tory Circle, East Pennsboro Township, Enola, PA 17025, Cumberland County, and informed Defendant of contents of same. 07/24/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of possession is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $58.84 SO ANSWERS, July 24, 2014 (c) CountySuite Sheriff, Teleosoff. Inc. ee_ ad 9733.a. Atli' 0f9 f