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Home My WebLink About14-4935 Supreme Court of Pennsylvania Court.b'fCom&I leas ivil Cpver She C. For Prothonotary Use Only: t CIB 'RLAtI)j* County '.� 9 Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service of leadin s or other papers as required by law or rules of court. Commencement of Action: S Z Complaint ❑Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T PHH MORTGAGE CORPORATION AARON S.TRIMMER or Occupants I O Name of Plaintiff/Appellant's Attorney:Phelan Hallinan LLP 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 [I No (Check one) ❑ outside arbitration limits Is this a Class Action Suit? ❑ Yes P"No Is this an MDJ Appeal? ❑Yes 9 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 El Other: ❑Tobacco ❑Toxic Tort-DES B ❑ Toxic Tort-Implant ❑Toxic Waste REAL PROPERTY MISCELLANEOUS ❑ Other: 64 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: ❑Other: Pa.R.C.P.205.5 Updated 11112011 P-helan Hallinan, LLP By: Adam H. Davis, Esq.,Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ""° 4 } ' - / Philadelphia, PA 19103 � �0 . 215-563-7000 ', JJG Cj/�t�� 2 OIl BIOSHOPS GATE BLMRTGAGE CRPOD TION Court of Common Pleas PE4S AAD coal �, AIWA MOUNT LAUREL,NJ 08054 Civil Division Plaintiff V. CUMBERLAND County AARON S. TRIMMER or Occupants : n' • 15 CHURCH ROAD A/K/A No y_ y�J3s Zvi 15 WEST CHURCH ROAD MECHANICSBURG, PA 17055-3104 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 PH# 949030 (717) 249-3166 �. Plaintiff is PHH MORTGAGE CORPORATION. 2. Defendant is AARON S. TRIMMER or Occupants. 3. Plaintiff is the record owner of premises located at 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD, MECHANICSBURG, PA 17055-3104, 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 06/04/2014, as evidenced by the Sheriffs deed recorded 08/18/2014 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201418352. 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, being more particularly bounded and described in accordance with a Drawing of Survey for Candace R. Cain prepared by Davis Land Surveying on August 1,2008, Drawing No. 1-8/08 as follows,to wit: BEGINNING at a point located on the southern line of Church Road(25 feet wide) at lands now or formerly of Taryn M. Yohn; Thence along the southern line of Church Road South 82 degrees 27 minutes 18 seconds East a distance of 39.12 feet to a point located 436.71 feet from Trindle Road at lands now or formerly of Karen D. Green;thence along lands now or formerly of Karen D. Green South 09 degrees 00 minutes East a distance of 44.75 feet to a point and lands now or formerly of Diane M. Hoy; thence along lands now or formerly of Diane M. Hoy South 81 degrees 00 minutes West a distance of 37.50 feet to a point located 78 feet from the Trindle Road at lands now or formerly of Taryn M. Yohn; thence along said lands now or formerly of Taryn M. Yohn North 09 degrees 00 minutes West a distance of 55.89 feet to the point and place of BEGINNING. CONTAINING 1,887.00 square feet or 0.0433 acres. SUBJECT, HOWEVER,to the restrictions and conditions contained in Record Book C, Volume 11, Page 273, so far as said restrictions and conditions pertain to this lot of ground. TOGETHER with the water line right-of-way over lands now or formerly of Jesse S. Eckert and Ruth Eckert, his wife, described in Record Book B,Volume 15, Page 366. UNDER AND SUBJECT to covenants, conditions,reservations, restrictions, easements, and right of ways of record. TITLE TO SAID PREMISES VESTED IN Aaron S. Trimmer and Regina M. Trimmer, h/w, by Deed from Candace R. Cain, an adult individual, dated 08/06/2008, recorded 08/27/2008 in Instrument Number 200829167. PREMISES BEING: 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD, MECHANICSBURG,PA 17055-3104 PARCEL NO. 38-23-0569-020 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 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 Adam H.H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP PH# 949030 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF TIE SliERIFF.. 11.0 -OFFICE OF THE PROTHONOTARY 20Iit SEP -9 PM 3: 26 CUMBERLAND COUNTY PENNSYLVANIA PHH Mortgage Corporation • Case Number vs. 2014-4935 Aaron Steven Trimmer SHERIFF'S RETURN OF SERVICE 08/26/2014 08:35 PM - Deputy Shawn Gutshall, 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: Aaron Steven Trimmer at 15 Church Road a/k/a 15 West Church Road, Silver Spring Township, Mechanicsburg, PA 17055. SHERIFF COST: $39.30 SO ANSWERS, August 29, 2014 (c) CounIySuI Sholfi. '100050, Inc. RON NJY R ANDERSON, SHERIFF 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 ! i 6 y t''rLJ 215-563-7000 PHH MORTGAGE CORPORATION 1' �C r Plaintiff COURT OF COMMON PLEA e F CIVIL DIVISIONr; vs No. 14-4935 AARON S. TRIMMER Or occupants 15 CHURCH ROAD A/K/A 15 WEST CHURCH ROAD CUMBERLAND County MECHANICSBURG, PA 17055-3104 Defendant PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of Plaintiff, PHH MORTGAGE CORPORATION and against the Defendant(s) AARON S. TRIMMER and Or occupants for possession of premises 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD, MECHANICSBURG, PA 17055-3104 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: Cx .SPA al� C("# f<4I-LF � 3� pod Pheian Hallinan;,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division VS No. 14-4935 AARON S. TRIMMER or Occupants Defendant CUMBERLAND COUNTY TO: AARON S. TRIMMER or Occupants 15 CHURCH ROAD A/K/A 15 WEST CHURCH ROAD MECHANICSBURG, PA 17055-3104 DATE OF NOTICE: September 16, 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 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: Kenya Kates, Esq., Id.No.203664 Attorney for Plaintiff Phelan Hallinan,LLP PH# 949030 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 PHH MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs No. 14-4935 AARON S. TRIMMER Or occupants 15 CHURCH ROAD A/K/A 15 WEST CHURCH ROAD CUMBERLAND County MECHANICSBURG, PA 17055-3104 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 AARON S. TRIMMER 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 AARON S. TRIMMER Or occupants, is over 18 years of age, and resides at 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD, MECHANICSBURG, PA 17055- 3104. (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. 01 Date: October 1, 2014 �..,_ Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP PH# 949030 PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA e ` COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEPkA OCT -- CIVIL DIVISION Huls �'L i ft vs No. 14-4935 � AARON S. TRIMMER Or occupants 15 CHURCH ROAD A/K/A 15 WEST CHURCH ROAD CUMBERLAND County MECHANICSBURG, PA 17055-3104 Defendant PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD, MECHANICSBURG, PA 17055-3104 "PLEASE SEE THE ATTACHED LEGAL DESCRIPTION" Being Known as No. 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD am=- avis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP DATE: 6) S�g So -�a I'll 1 3 I l $ 7-S << " �a. a Is ��31 ►�3y Legal Description ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, being more particularly bounded and described in accordance with a Drawing of Survey for Candace R. Cain prepared by Davis Land Surveying on August 1, 2008, Drawing No. 1-8/08 as follows, to wit: BEGINNING at a point located on the southern line of Church Road (25 feet wide) at lands now or formerly of Taryn M. Yohn; Thence along the southern line of Church Road South 82 degrees 27 minutes 18 seconds East a distance of 39.12 feet to a point located 436.71 from Trindle Road at lands now or formerly of Karen D. Green; thence along lands now or formerly of Karen D. Green South 09 degrees 00 minutes East a distance of 44.75 feet to a point and lands now or formerly of Diane M. Hoy; thence along lands now or formerly of Diane M. Hoy South 81 degrees 00 minutes West a distance of 37.50 feet to a point located 78 feet from the Trindle Road at lands now or formerly of Taryn M. Yohn; thence along said lands now or formerly of Taryn M. Yohn North 09 degrees 00 minutes West a distance of 55.89 feet to the point and place of BEGINNING. CONTAINING 1,887.00 square feet or 0.0433 acres. SUBJECT, HOWEVER, to the restrictions and conditions contained in Record Book C, Volume 11, Page 273, so far as said restrictions and conditions pertain to this lot of ground. TOGETHER with the water line right-of-way over lands now or formerly of Jesse S. Eckert and Ruth Eckert, his wife, described in Record Book B, Volume 15, Page 366. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. BEING KNOWN AND NUMBERED as 15 Church Road, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Walter L. Cain, single man, by deed dated January 15, 2001 and recorded January 22, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 238, Page 126, granted and conveyed unto Walter L. Cain, single man and Candace R. Cain, single woman, as Joint Tenants with the Right of Survivorship. lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION VS. No. 14-4935 Civil Term AARON S. TRIMMER or OCCUPANTS 15 CHURCH ROAD a/k/a 15 W. CHURCH RD. MECHANICSBURG, PA 17055 Costs Attorney's $ 200.05 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)) PHH MORTGAGE CORPORATION being: (Premises as follows): 15 CHURCH ROAD a/k/a 15 WEST CHURCH ROAD, MECHANICSBURG, PA 17055 ***SEE 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. • ��t LQ��ti-i David D.Buell,Prothonotary, Common Pleas Court of Cumberland County, PA Date 10/2/14_ IY07" (Seal) I 2 of 2 No 14-4935 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PHH MORTGAGE CORPORATION VS. AARON S. TRIMMER OR OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 200.05 Plff(s) $ Prothy $ 2.25 Sheriff $ Plaintiff(s) attorney name and address: Adam H. Davis, Esquire PHELAN HALLINAN, LLP 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY _ UFT He f ROTHONO TAR Y 2 f 4 OCT 14 PM 2: 32 CUMBERLAND COUNTY PENNSYLVANIA or FICE OF TH: ;;HERB=- PHH Mortgage Corporation vs. Aaron Steven Trimmer Case Number 2014-4935 SHERIFF'S RETURN OF SERVICE 10/13/2014 04:35 PM - Deputy Shawn Harrison, 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: Aaron Steven Trimmer at 15 Church RD a/k/a 15 West Church Rd, Silver Spring Township, Mechanicsburg, PA 17055, Cumberland County, and informed Defendant of contents of same. SO ANSWERS, October 14, 2014 RONI'4Y R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teieosoft. inc ° SHERIFF'S OFFICE OF CUMBERLAND �� -� COUNTY . `_ -_ _+ Ronny��\nd�raon :, co �� i--,,---, ....2 . `'`rn c� r- Sheriff�C, CD �c ' 1 JodyS Smith �~ -«� "' �� ' —�+^rsk----I c-.) *�� ~c� -u n�� -1-, 4«,,,,.,.' 4,,1 > (_) + 2��a�VS�� t�� =cD C" -,:CD r �= CO -_-i�Solicitor op�osopn~eawe�pp _` i‘t;„ :1: PHH Mortgage Corporation vs. Aaron Steven Trimmer Case Number 2014-4935 SHERIFF'S RETURN OF SERVICE 1013/2014 04:35 PM - Deputy Shawn Harrison, being duly sworn accoring 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: Aaron Steven Trimmer at 15 Church RD a/k/a 15 West Church Rd, Silver Spring Township, Mechanicsburg, PA 17055, Cumberland County, and informed Defendant of contents of same. 11/21/2014 By virtue of this wr, Sheriff Ronny R. Anderson caused the within named Plaintiff to have possession of the premises described as 15 Church Road, a/k/a 15 West Church Road, Mechanicsburg, PA 17050, SHERIFF COST: $O5,0] SO ANSWERS, �� November 25.3O14 RON�,RANDERSON, SHERIFF 1,c) CountySuite Sheriff, Telfiosort, inc. ��'��4� `*�"� �u ^�� ^ 1- , �� '~^�-� ^^ ,, f- f