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HomeMy WebLinkAbout14-5031 For Prothonotary Use Only: wprem e-Cowf...& PennsyIvanLa, Docket No. ; �Clumberland CO un The information collected on this form is used solely for court adutnistration purposes. This form does not _ supplement or re lace thefiling and service of leadin .s or other papers as required by law or rules of court. Commencement of Action: ®Complaint ❑ Writ of Summons ❑ Petition S ❑Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiffs Name:M&T Bank Lead Defendant's Name: Joseph B.Horst T I Are there money damages requested? ❑Yes ® No Dollar Amount Requested: ❑within arbitration limits i O (check one) ❑outside arbitration limits N Is this a Class Action Suit? 11 Yes ® No Is this an MDJAppeal? C1 Yes ® No A Name of PlaintifflAppellant's Attorney:McCabe, Weisberg and Conway,P.C. ❑ Check here if you have no attorney(a Self-Represented (.Pro Sed 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. l TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor vehicle ❑Debt Collection:Other ❑Board of Elections ❑Nuisance ❑ Department of Transportation ❑Premises Liability(does not include ❑ Statutory Appeal:Other $ mass tort) {, ❑Slander/Libel/Defamation ❑Employment Dispute: E i ❑Other: Discrimination C ❑Employment Dispute: Other ❑Zoning Board 1 T ❑Other ,I I O 13 Other E N MASS TORT' ❑Asbestos ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant � REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ®Ejectment ❑Common Law/Statutory Arbitration f ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑ Landlord/Tenant Disput ❑Non-Domestic Relations ❑Mortgage Foreclosure:Residential Restraining Order Quo Warranto PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial ❑Q ❑Dental ❑ Partition ❑Replevin ❑ Legal ❑Quiet Title ❑Other: ❑Medical ❑Other: i ❑Other Professional: t __ Updated 3/1/2011 1 McCABE,WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 c-�� MARC S. WEISBERG,ESQUIRE-ID# 17616 C--) . . EDWARD D. CONWAY,ESQUIRE -ID# 34687 -T) F MARGARET GAIRO,ESQUIRE-ID# 34419 � cit Q . CHRISTINE L. GRAHAM,ESQUIRE-ID# 309480 Q JOSEPH L FOLEY ESQUIRE-ID#314675 123 South Broad Street, Suite 1400 ' .� Philadelphia, Pennsylvania 19109 _c� _ CD (215) 790-1010 '`-- 7 -1 M&T Bank CUMBERLAND COUNTY COURT OF COMMON PLEV. A IN- Sb31 Number: U Joseph B. Horst and Occupants COMPLAINT IN EJECTMENT NOTICE AVISO You have been sued in court. If you wish to defend against the Le ban demandado a usted en la corte. Si usted quiere defenderse claims set forth in the following pages, you must take action de estas demandas ex-puestas en las paginas siguientes,usted within twenty (20) days after this complaint and notice are tiene veinte(20)dias de plazo al partir de la fecha de la demanda served, by entering a written appearance personally or by y la notificacion. Hace falta asentar una comparencia escrita o attorney and filing in writing with the court your defenses or en persona o con un abogado y entregar a la corte en forma objections to the claims set forth against you. You are warned escrita sus defensas o sus objeciones a las demandas en contra de that if you fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende, la corte judgment may be entered against you by the court without further tomara medidas y puede continuar la demanda en contra suya sin notice for any money claimed in the complaint or for any other previo aviso o notificacion. Ademas, la corte puede decidir a claim or relief requested by the plaintiff. You may lose money favor del demandante y requiere que usted cumpla con todas las or property or other rights important to you. provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LLEVE ESTA DEMANDA A UN ABOGADO LAWYER AT ONCE. IF YOU DO NOT HAVE A INMEDIATAMENTE. SI NO TIENE ABOGADO O LAWYER OR CANNOT AFFORD ONE,GO TO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR OR TELEPHONE THE OFFICE SET FORTH TAL SERVICO, VAYA EN PERSONA O LLAME BELOW TO FIND OUT WHERE YOU CAN GET POR TELEFONO A LA OFICINA CUYA HELP. DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Cumberland County Bar Association 32 South Bedford Street 32 South Bedford Street Carlisle,Pennsylvania 17013 Carlisle,Pennsylvania 17013 (800)990-9108 (800)990-9108 C'� McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY, ESQUIRE -ID# 34687 MARGARET GAIRO, ESQUIRE-ID# 34419 CHRISTINE L. GRAHAM,ESQUIRE- ID#309480 JOSEPH L FOLEY,ESQUIRE-ID#314675 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 M&T Bank CUMBERLAND COUNTY 80 Holtz Drive COURT OF COMMON PLEAS Cheektowaga,New York 14225 vs. Number: Joseph B. Horst and Occupants 202 Britton Road Shippensburg,Pennsylvania 17257 COMPLAINT IN EJECTMENT 1. Plaintiff is the owner of the premises known as 202 Britton Road, Shippensburg, Pennsylvania 17257, by virtue of a Sheriffs Deed executed and delivered to Plaintiff on the 13th day of May, 2014 and recorded in Cumberland County on the 12th day of June, 2014 as Instrument Number 201412357. The legal description of which is set forth in the Sheriffs Deed which is attached hereto as Exhibit "A." 2. Plaintiff acquired title by reason of a Sheriffs Sale conducted by the Sheriff of Cumberland County on April 9, 2014, by reason of Writ of Execution issued out of Cumberland County Court of Common Pleas,Number 2013-3774 at the suit of M&T Bank vs Joseph B. Horst. 3. Defendants Joseph B.Horst and Occupants are in possession of the foregoing described premises without title, color of title, or benefit of a lease from Plaintiff. 4. Defendants are wrongfully and unlawfully in possession of the premises. 5. Defendants have no rights of possession to said premises. 6. By reason of the aforesaid Sheriff's sale,Plaintiff holds paramount title to the premises but Defendants continue to unlawfully and willfully retain possession and keep Plaintiff out of possession thereof and refuse to vacate and deliver up the said premises to Plaintiff. 7. No landlord tenant relationship exists between Plaintiff and Defendants, either written or oral, express or implied, and no such relationship was created as a result of the mortgage foreclosure. 8. Because there is no landlord tenant relationship-this is an action in ejectment, not eviction - there is no requirement to give Defendants a notice to quit or vacate the premises. Further,the commencement of an action in foreclosure culminating in a sheriffs sale, followed by the filing of a complaint in ejectment should have put Defendants on notice that Plaintiff intends to recover full interest,title, and possession of the premises. 9. Notwithstanding the aforesaid,Defendants have willfully remained in possession of Plaintiff's property and refuse, and still refuse to vacate the premises and continue to occupy the same. WHEREFORE,Plaintiff demands a judgment be entered in its favor for possession of the property. McCABE RG & =C. BY: --'L� [ ]Terrence �cCabe,Esquire [ ] arc S. Weisberg,Esquire [ ]Edward . Conway,Esquire [ Pvlargaret Gairo,Esquire [ ] Christine L. Graham,Esquire [e ]Joseph I.Foley,Esquire VERIFICATION I,the undersigned, hereby verify that I am the attorney for the Plaintiff in this action, and that I am familiar with the matters set forth in the within action,that I am authorized to make this verification, and that the forgoing facts are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 1.8 PA.C.S. § 4904 relating to unsworn falsifications to authorities. McCAB SBERG WAY,P.C. BY: [ ] Terre e J.McCabe,Esqu ]_Marc S. Weisberg,Esquire [ ]Edward D. Conway,Esquire [ ]Margaret Gairo,Esquire [ ] Christine L.Graham,Esquire [ ] Joseph I.Foley,Esquire M&T Bank v.Joseph B.Horst and Occupants This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. P-CSID - y Tax Parcel No 36-33-1869-001B 0037A1 Know all Men by these Presents That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of$ 1.00(One Dollar) to me in hand paid, do hereby grant and convey to M& T Bank 2013-3774 Civil Term M& T Bank Vs Joseph B. Horst ALL the following real estate lying and being situate in the Shippensburg Township, Cumberland County, Pennsylvania,more fully bounded and described as follows: BEGINNING at a railroad spike in Legislative Route 21048;thence in Legislative Route 21048, South I degree 00 minutes 43 seconds East, 111.56 feet to a nail; thence continuing in Legislative Route 21048, South 3 degrees 1 minute 37 seconds West 63.44 feet to a railroad spike at comer of lands now or formerly of George L. Bigler, Sr.,and Mary M. Bigler, his wife; thence along lands now or formerly of George L. Bigler, Sr.,and Mary M. Bigler, his wife;North 72 degrees 37 minutes 21 seconds West, 134.70 feet to an iron pin;thence continuing along lands now or formerly of George L. Bigler, Sr., and Mary M. Bigler,North 15 degrees 33 minutes 00 seconds East, 82.65 feet to a post at comer of lands now or formerly of Lawrence Marra;thence along lands now or formerly of Lawrence Marra,North 50 degrees 33 minutes 17 seconds East, 72.10 feet to a post thence continuing along the same, North 79 degrees 57 minutes 00 seconds East, 52.89 feet to the place of BE GINNING. CONTAINING 0.336 acres, more or less, according to draft of survey of John R. Kissinger, R.S., dated May I, 1983 and approved by the Cumberland County Planning Commission on May 24, 1983 and also approved by Shippensburg Township Supervisors on May 19, 1983 and recorded in Plan Book 44,Page 118. Being all of Lot No.. Ion said plan. 202 Britton Road, Shippensburg,Pennsylvania 17257. BEING the same premises which EDWARD L. ALRIGHT,III AND REGINA STAKE, BOTH SINGLE by deed dated May 18,2007 and recorded May 23, 2007 in the office of the Recorder in and for Cumberland County in Deed Book 280, Page 488, granted and conveyed to Joseph B. Horst, single man in fee. TAX MAP PARCEL NUMBER: 36-33-1869-0010 The same having been sold by me to the said grantee on the 9th day of April Anno Domini Two Thousand and Fourteen (2014)after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 18th of September Anno Domini 2013 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term,Two Thousand and Thirteen (2013) Number 3774 at the suit of M& T Bank—vs-Joseph B. Horst In Witness Whereof, I have hereunto affixed my signature this 13th day of May Anno Domini Two Thousand and Fourteen(2014) R. Anderson, Sheriff 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 13th day of May Anno Domini Two Thousand and Fourteen (2014) P thonotary,01{ 6 Fmft m & nwlaw Count,CoM,Pit ft Carnia"Expires the first htondtry oi.mn.Me I hereby certify that the residence And Post Office address of the - Within Grantee is 80 Holtz Drive Cheektowaga,NY 14225 7W4_� Richard W. Stewart Solicitor - TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 _= 717-240-6370 Instrument Number-201412357 Recorded On 6/12/2014 At 9:47:07 AM *Total Pages- 5 *Instrument Type-DEED-SHERIFF'S Invoice Number-162657 User ID-BMM *Grantor-HORST,JOSEPH B *Grantee-M&T BANK *Customer-SHERIFF *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $12.50 RECORDER OF DEEDS ThisnoW a e is art PARCEL CERTIFICATION $15.00 P g P FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 SHIPPENSBURG AREA SCHOOL $0.00 DISTRICT SHIPPENSBURG TOWNSHIP $0.00 TOTAL PAID $68.00 I Certify this to be recorded in Cumberland County PA a o*oU"�s 0 v o RECORDER OF DEEDS r�eo *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0037A1 1111111 Il 1111 IN III III SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ED-`jF F ICE Sheriff f .. T ISE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICEOF'e14E5 SRIpF 2014 SEP -9 PM 3: 26 CUMBERLAND COUNTY . PENNSYLVANIA M&T Bank vs. Case Number Joseph B Horst 2014-5031 SHERIFF'S RETURN OF SERVICE 08/29/2014 05:54 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 202 Briton Road, Shippensburg Township, Shippensburg, PA 17257. There are no Occupants other than the defendant Joseph B. Horst. 08/29/2014 05:54 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: Joseph B Horst at 202 Briton Road, Shippensburg Township, Shippensburg, PA 17257. SHERIFF COST: $66.60 —/ J�SON KINSLER, DEPUTY SO ANSWERS, September 03, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teieosoff, Inc. OF ! iii i ;z i It)i`c �� i, i McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496111 OCT 22 El 3: 3 0 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 346871k Ej; ,, Y4{' � NTY MARGARET GAIRO, ESQUIRE - ID # 34419 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank v. Joseph B. Horst and Occupants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5031 Civil PRAECIPE TO THE PROTHONOTARY: Kindly enter judgment for possession against the Defendant Joseph B. Horst in the above - captioned matter for failure to answer Complaint in twenty days as required by Pennsylvania Rules of Civil Procedure. Premises: 202 Britton Road, Shippensburg, Pennsylvania 17257 McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ .]'Christine L. Graham, Esquire ] arc S. Weisberg, Esquire ] Margaret Gairo, Esquire [ ] Joseph I. Foley, Esquire ��tbIla.`..oixiathI £!M 9a71) a Y 3/Q7 a ✓U � fire ilic;;.l6cl OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Curt Long Prothonotary Joseph B. Horst 202 Britton Road Shippensburg, Pennsylvania 17257 M&T Bank v. Joseph B. Horst and Occupants Number 14-5031 Civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the abov proceeding as indicated below. CUMBERLAND COUNTY COURT OF COMMON PLEAS Prothonotary Judgment by Default Money Judgment Judgment in Replevin X Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg & Conway, P.C. at (215) 790-1010. Department of Defense Manpower Data Center Status Report Pursuant to ,Servicernembers Civil Relief Act. Last Name: HORST First Name: JOSEPH Middle Name: B. Active Duty Status As Of: Oct -20-2014 Results as of : Oct -20-2014 08:04:28 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA d i'% - ,.. Nor.. NA This response reflects the Individuals' active duty status based on the Active Duty Status Date /- \ Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA f... . NA .. ._ . s'w`k 1. •.+:s-` Y,,i-^No"r NA This response reflects where the individual left active duty status Wthlri.367 days preceding the ACUve Duty Status Date Of 4vr'T, The Member or His!Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA k'. NA N, \X-` '' .ni No 0/ '-- NA This response reflects whether the Individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based' on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Y�. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: WECF2ODAKOEFIAO McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank v. Joseph B. Horst and Occupants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5031 Civil CERTIFICATION The undersigned attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail letters notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letters in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit SWORN AND SUBSCRIBED BEFORE ME THIS IA DAY OF 06-Nhti c c , 2014 3LJ�''J NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEAN R. JACOBS, JR., Notary Public City of Philadelphia, Phila. County My Commission Expires June 27, 2017 McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esquire [L] Marc S. Weisberg, Esquire [ }Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [4 Christine L. Graham, Esquire [ ] Joseph I. Foley, Esquire OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary Septembe Joseph B. Horst 202 Britton Road Shippensburg, Pennsylvania 17257 M&T Bank v. Joseph B. Horst and Occupants 23, 2014 CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5031 Civil NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THP, COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTI I AGAINST YOU, UNLESS YOU ACT WITHIN TEN (10) DAYS PROM Ti IE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARIN° AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR 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 I IBUNG A LAWYER. 1F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICEST0 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESBNTADO UNA COMPARECEN CIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOOADO Y P08 NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLA MOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIU (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE t.1 OIR PREUBA ALOUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED 1.8 DIME TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE, Si USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONBA LA OFICINA EXPUSO ABAJO, ESTA OFICINA 1.0 PUEDE PROPORCTONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. Si USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER. CAPAZ DE PROPORCIONARLO CON 1NFORMACION ACERCA DE LAS AGENC1AS QUEPUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGMLES EN UN HONORARIO REDUCIDO Ni NINOON HONORARIO, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 McC ON Y, P.C. fTqcrel McCabe,13squir6 j D. Conway, Esquire Christine L. Graham, Esquire I Marc S. Weisberg, Esquire 1. Margaret Gairo, Esquire V.1 Joseph L Foley, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank v. Joseph B. Horst and Occupants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5031 Civil AFFIDAVIT OF LAST -KNOWN ADDRESS OF DEFENDANTs I, the undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that to the best of my information, knowledge and belief, the last -known address of the Defendants are as follows: Joseph B. Horst 202 Britton Road, Shippensburg, Pennsylvania 17257 SWORN AND SUBSCRIBED BEFORE ME THIS Zo'Nv DAY OF Qu - , 2014 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEAN R. JACOBS, JR., Notary Public City of Philadelphia, Phila. County My Commission Expires June 27, 2017 McCABE, WEISBERG & CONWAY, P.C. BY: C C -..e..— [ ] Terrence J. McCabe, Esquire [c S. Weisberg, Esquire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ c Christine L. Graham, Esquire [ ] Joseph I. Foley, Esquire VERIFICATION The undersigned, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. McCABE, WEISBERG�& CONWAY, P.C. BY: �E, _�-C-`"z-,e [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ''iChristine L. Graham, Esquire [ ] Marc S. Weisberg, Esquire ] Margaret Gairo, Esquire [ ] Joseph I. Foley, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 JOSEPH I. FOLEY, ESQUIRE - ID #314675 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank v. Joseph B. Horst and Occupants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 14-5031 Civil PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue Writ of Possession in the above -captioned matter. 202 Britton Road, Shippensburg, Pennsylvania 17257 McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ Christine L. Graham, Esquire [� ] Marc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Joseph I. Foley, Esquire a).4 3/ is Tax Parcel No 36-33-1869-00113 Know all Men by these Presents That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the. State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar) to me in hand paid, do hereby grant and convey to M & T Bank 2013-3774 Civil Term 1St & T Bank Vs Joseph B. Horst ALL the following real estate lying and being situate in the Shippensburg Township, Cumberland County, Pennsylvania, more ftilly bounded and described as follows BEGINNING at railroad spike in Legislative Route 21048; thence in Legislative Route 21048, South I degree 06 minutes 43 seconds East,;111.56,feet to a nail; thence continuing in Legislative Route 21048, South 3 degrees I minute 37 seconds West 63A4 feet to a railroad spike at corner of lands now or formerly of George". Bigkr, Sr, and Mary M. 13igler, his wife; thence along lands now or formerly of George L. Bigler, Sr., and Mary M. Bigler, his wife; North 72 degrees 37 minutes 21 seconds West, 134.70 feet to an iron pin, thence continuing along lands now or formerly of George L Bigler, Sr., and Mary M. Bigler, North 15 degrees 33 minutes Oftseconds East, 82.65 feet to a post at corner of lands now or formerly of Lawrence Marra; thence along lands now or formerly, of Lawrence Marrs, North 50 degrees 33 minutes 17 secondsEast, 72.10 feet to a post thence continuing along the same, North 79 degrees 57 minutes 00 seconds East, 52.89 feet to the place of BE GINNING CONTAINING 0.336 acres, more or less, according to draft of survey of John R. Kissinger, R.S., dated May I, 1983 and approved by the Cumberland County Planning Commission on May 24, 1983 and also approved by Shippensburg Township Supervisors on May 19, 1983 and recorded in Plan Book 44, Page 118 Being all of Lot No Ion said plan. 202 Britton Road, Shippensburg, Pennsylvania 17257. BEING the same premises which EDWARD L. ALRIGHT, III AND REGINA STAKE, BOTH SINGLE by deed dated May 18, 2007 and recorded May 23, 2007 in the office of the Recorder in and for Ounberland County in Deed Book 280, Page 488, granted and conveyed to Joseph B. Horst, single man in fee. TAX MAP PARCEL NUMBER: 36-33-1869-0016 3AA lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK VS. No. 14-5031 Civil Term JOSEPH H. HORST AND OCCUPANTS Costs Attorney's $ 227.35 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)) M&T BANK being: (Premises as follows): 202 BRITTON ROAD, SHIPPENSBURG, PA 17257 (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. Date Aqaol f 1 y (Seal) J)C4l A David D. Buell, Prothonotary, Common Pleas Court of Cumberland County , PA �• 2 of 2 No 14-5031 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK VS. JOSEPH B. HORST AND OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 227.35 P1ff (s) $ Prothy $ 2.25 Sheriff $ Plaintiff (s) attorney name and address: CHRISTINE L. GRAHAM, ESQUIRE MCCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 (215) 790-1010 By virtue of this writ, on the Attorney for Plaintiff (s) Where papers may be served day of . I caused the within named , to have possession of the premises described with the 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 COUNTYF II z: _ ;t, .. (..!E THE PROTHOWdTAP, 20iii OCT 30 Am .9{ 46 CUMBERLAND COUNTY PENNSYLVANIA ©FF(CC OF ME ZHEF:I�F M&T Bank vs. Joseph B Horst Case Number 2014-5031 SHERIFF'S RETURN OF SERVICE 10/29/2014 06:20 PM - 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 of 202 Britton Road, Shippensburg Township, Shippensburg, PA 17257, but was unable to locate the Defendant in his bailiwick. The only resident of 202 Britton Road, Shippensburg Township, Shippensburg, PA 17257 is defendant Joseph B. Horst. The Sheriff therefore returns the within requested Writ of Possession as "Not Found" as to OCCUPANT. 10/29/2014 06:20 PM - Deputy Jason Kinsler, 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: Joseph B Horst at 202 Britton Road, Shippensburg Township, Shippensburg, PA 17257, Cumberland County, and informed Defendant of contents of same. SO ANSWERS, October 30, 2014 RON i R ANDERSON, SHERIFF (c) CountySui,e Sheriff: Teleescf nc.