The URL can be used to link to this page

Home My WebLink About05-5051 STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY I.D. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: 215 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 1 00 S. 7th Street Akron, PA 17501, [C- Plaintiff, NO: OS -505'1 CiUL . ,~ v. WILLIAM C. BIREHM, III, CINDY BREHM, and ANY AND ALL UNKNOWN OCCUPANTS 12 Wood Lane> Carlisle, PA 17013 Defendants. CIVIL ACTION - EJECTMENT 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 TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED $Y 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAANOT 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. LAWYERS REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIEREDEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LADEMANDA Y LA NOTIFICACION. USTED DEBE PRESENT AR UNA APARIENCIAESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE ENFORMA ESCRITA SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA A VISADO QUE SI USTED NO SE DEFIENDE,LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SINPREVIO AVISO 0 NOTIFICACION Y POR CUALQUIER QUEJA 0 ALlVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO OSUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENEABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE \ PUEDECONSEGUIR ASISTENCIA LEGAL. LAWYERS REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 STEPHEN M. HLADIK, ESQUIRE I.D. NO: 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: 215 855-9521 CENTRAL PENN PROPERTY SERVICES, INC. 1 00 S. 7th Street Akron, PA 17501, Plaintiff, ATTORNEYS FOR ATTORNEY PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: ()Sl. 51J57 ~ -r b-- v. WILLIAM C. BREHM, III, CINDY BREHM, and ANY AND ALL UNKNOWN OCCUPANTS 12 Wood Lane' Carlisle, PA 17013 Defendants. CIVIL ACTION - EJECTMENT Plaintiff hereby complains against Defendants as follows: 1. Plaintiff, Central Penn Property Services, Inc. ("Plaintiff"), a corporation, has a registered office located at 100 S. 7th Street, Akron, PA 17501, and is properly conducting business in the Commonwealth of Pennsylvania. 2. Defendants are William C. Brehm, III, Cindy Brehm and Any and All Occupants (collectively, "Defendants") and they reside at 12 Wood Lane, Carlisle, PA 17013(the "Premises"). , 3. The Premises, which is where the ejectment is to take place, is located at 12 Wood Lane, Carlisle, PA 17013. A true and correct copy of the legal description of the Premises, is attached hereto, incorporated herein by reference, and marked as Exhibit "A.II 4. The Premises were sold at Sheriff's sale by the Sheriff of Cumberland County, Pennsylvania, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment in Mortgage Foreclosure entered in , the Court of Common Pleas of Cumberland County, Pennsylvania, at the suit of: Waypoint Bank, s1b/m to First Federal Savings & Loan Association of Harrisburg, v. William C. Brehln, 11/ and Cindy Morton a/k/a Cindy Brehm. William C. Brehm and Cindy Morton were thJ previous owner of the Premises by virtue of a Deed dated September 18, 1980, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book C29, Page 745, Cumberland County, Pennsylvania. The case number of said Judgment is: 04-5756. 5. Plaintiff purchased the Premises at the Sheriff's sale. 6. The Deed in favor of Central Penn Property Services, Inc., has not been recorded as settlement has not yet been made with the Sheriff and/or the Sheriff has not yet returned the Deed to Plaintiff for recording. 7. The persons in possession of the Premises are believed to be the Defendants in this action who are occupying the Premises without right and without claim to title. Plaintiff is entitled to immediate possession of the Premises. WHEREFORE, Plaintiff demands judgment, in ejectment, for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Date: ~ Respectfully submitted, BY: ~\ STEPH HLADIK, ESQUIRE Attorney for Plaintiff (File #04-189) VERIFICATION Stephen M. Hladik, Esquire, hereby states that he is the attorney for Plaintiff in this action; that he is authorized to and does take this Verification on behalf of said Plaintiff; and that the statements made in the foregoing Ejectment are true and correct to the best of his knowledge, information and belief. Counsel has been unable to obtain the Plaintiff's verification at this time, which verification, when received, shall be substituted in place and in stead of this verification. The undersigned understands that the statements herein are made subject to the penalties of 18 PA. C.S. 94904, relating to unsworn falsification to authorities. Date: ~~,~ Stephe Hla ik, Esquire Attorney' or Plaintiff ALL those t:ert!l:l.n two tracts of land with the impro\'e1IIents thereon eTl!!cted, situat:e in South Middleton Township, Cumberland County, Pennsylvania., 1'1:&ot No.1 bounded 3tl.d described 'in aocordance with a 1Ju.:l:vey and platl thereof made by Rmest J, Walker, Profesdonll.l Eng1nQQr, da~ed Ma~c~ 19, 1963, .. followal TRACT NO. 1.: J:,EGINlf!NG at a point on the noTtbwelItern .side of Woodlrilnd Avenue, sOlllet1'l1leS lcno'WII as Wood tane (50 feet wide), said point being 572. feet northu,Qsl: of thll CCltlt:Q"c line of t:hQ Pennsyl 'Il'en:l.a iloute No. 74; thence ext~nding along land now or late of Dale Shenk, Nott~ 31 degree~ 40 min~tea West 250 feet co an 1ron'pin 'in line of land now, or latQ of Dr. Bl~ck&mith: thence along said land. No~th 47 degreea tast 144 feet to' a corner: thenclI by land. now or formerly of ThoMas V. Al~nd and Jcsephine T. Aland, ,his wife, South 40 de~ree8 19 minutes East 24~.35 feet to a point on the northwestern s1de of WoodlQnd Avenue aforElsaid; thea.ce along the seme, South 45 degrees 9 uU.nut!a 'Wasl: 94,9 feet to the ~lace of besinn1ng. ~EING the aame premisQs Thomas V. Aland and Jos~phine T. Aland, his wife, by deed dated Apr1l lO, 1963 and recorded in the office of the Reoorde.~ of Deeds in and for Cumberland Cou.ncy in Deed Book "U", Vol~e 20, Pag~ 818, grant~d .nd conveyed unto Wayne RPbElrt P411inger And Lo~ene C. Dellinger, his wife. Tbe said Lorene C. Dellinger having di.d February 5, 1976, title vecte~ entirely in Wayne ~ob~t Dellinger, Grantor herlilin. tRACT NO.2: EEGINNING at 8 point on the weatern aide of Woodland Avenue, also k~own as Wood Lans, said iron pin b~ing th0 northeastern ~o~er of othex land of the Grantor hGrsin; th~nce by aaia land of 'the Grantor hez6in North 40 degreas.19 minutes West ,241f.~5 feet .to an i~on pin: ehence by land now O~ formerly of Dr. alackDmi~h, NQ~th 46 degrQQs 18 mi~~tel East 43.8 faet to an iron pin: thenee by land noY or :formerly of Mosa Haber1.ig', South 40 derau 26 1ninut:llfl E!l31:' 243.4 fe~t to an iron pin On thE!. WIUlcern side 0 Woodland AV4!nUB;' thGlnoa by th6 western side 01 Wood13nd Avenue. South 45 degrees S ~utel West 44.55 feat to the place of BQzinning. . , BEING thGl same premises whioh ThoIDaa V. Aland and Josephine t. Aland, h~~ wife, by their deed dated June 8~ 1967. and recorded in the office of the Recorder of Deeda in and fD~ Cumberland County, rann3yl~an1a. in D~@d Book "J". Vohlllle 22., Page 499. grant~d and eonvllYCld unto Lorene C. Dellinger. The said Lorane C. D~ll1nger, naving died February' 5, 1976, aud by n~r Last Will and Tege~ent duly probated in , the office oE the. Rogist:er of WillI: for Cumbarland County in 'Wi1.l Book 74, Page 292. devi3ed said land, 'inter alia, to hill' husband Wayne R. DellinseT. Grantor herein, and appointed him Executor of har estate, to whom LettQr~ TQstament6~~ were duly 1!~ued. By De~ree Awardina Real ',. , . '. .., ~:.;:e~~:~i,HA~o~~e li~7', ~~;~r-;~;~i;~~e '.~~;i~~'~i~;~~d'~~---I a, De.ll:l.nser, I Graneol:' h~eb~e. 80, t:1tlo VlUltlJd ent::l.rl!ly in Wlljl'l:le ' , . ..-.. . ~ . . . . , EXHIBIT I A t-3 ~ 0 c:::> c..:") C c.J1 .-1 P bQ. (/') :1=-n \-"'. P'r::: x:) U( -1:) -olj..l t "\l N -'J l...J .".- \ ~ U( (J\ ';::{q :r: --~{ -'0 (~-;? ~] ~ V1 _.,.1" .....:"~... Cyll -- () \) ~ r:- :::..! ~ ~ --Q G? ~ ~ ~ v.) ( j --_.~~ - .' STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY 1.0. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: 215 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron, PA 17501, Plaintiff, NO: 05-5051 v. WILLIAM C. BREHM, III, CINDY BREHM, and ANY AND ALL UNKNOWN OCCUPANTS 12 Wood Lane Carlisle, PA 17013 Defendants. PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the annexed Verification to the Ejectment filed in the above-captioned docket. Respectfully Submitted, KERNS, PEARLSTINE, ONORATO & FATH, '.~ Date: 10 I: 0\6) fU\ BY: Step n . Hladik, Esquire Attorn y for Plaintiff >I VERIFICA liON The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S 9 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ot -3 1- 0 S . ~J~~ .,R~~ ~ME: Shelb hepro TITLE: Secretary COMPANY: Central Penn Property Services, Inc. (File #04-189) ,.:"r'" t?.-j "'~~ STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR ATTORNEY 1.0. NO: 66287 PLAINTIFF KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 WEST MAIN STREET P.O. BOX 29 LANSDALE, PA 19446-0029 TELEPHONE: 215 855-9521 CENTRAL PENN PROPERTY COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY 100 S. 7th Street Akron,PA 17501, Plaintiff, NO: 05-5051 v. WILLIAM C. BREHM, III, CINDY BREHM, and ANY AND ALL UNKNOWN OCCUPANTS 12 Wood Lane Carlisle, PA 17013 Defendants. PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled, discontinued and ended. Kerns, Pearlstine, Onorato & Fath, LLP ., Dated: \ \, \. I \ ~ , o s; ,..., <= c-" c-'"' :;;e: q - I s;- o -n :t.." me .."m -ni? (':),() ~~~; ~ "/'r" 9, 51 ::< -t) -.",,;: N .- w s.- - -- SHERIFF'S RETURN - NOT FOUND .' CASE NO: 2005-05051 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTRAL PENN PROPERTY SERVICES VS BREHM WILLIAM C III ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BREHM WILLIAM C III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , NOT FOUND , as to the within named DEFENDANT , BREHM WILLIAM C I II 12 WOOD LANE CARLISLE, PA 17013 MOVED TO 440 BARNSTABLE RD CARLISLE. PROPERTY APPEARS VACANT BUT IS VERY JUNKY. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 14.40 5.00 10.00 .00 47.40 So answ:?~f//;::_/ ~~~;;:;~/---- R. Thomas Kline Sheriff of Cumberland County :> KERNS PEARLSTINE ONORATO FATH 10/24/2005 Sworn and subscribed to before me 'f-= day of 11~ this ,- kb; ~~/. {, p:Q(5thon - SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05051 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTRAL PENN PROPERTY SERVICES VS BREHM WILLIAM C III ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BREHM CINDY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , NOT FOUND , as to the within named DEFENDANT , BREHM CINDY 12 WOOD LANE CARLISLE, PA 17013 DEFENDANT MOVED TO 440 BARNSTABLE RD CARLISLE. PROPERTY APPEARS VACANT BUT IS VERY JUNKY. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 ._<:-7 _,~__-" _' _-'-:-_"-:;;-? so~~~~;:?~>~/ R. Thomas Klin' Sheriff of Cumberland County KERNS PEARLSTINE ONORATO FATH 10/24/2005 Sworn and subscribed to before me this yh day of .~ :~~l SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05051 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTRAL PENN PROPERTY SERVICES VS BREHM WILLIAM C III ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT UNKNOWN OCCUPANTS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOT FOUND , as to the within named DEFENDANT , UNKNOWN OCCUPANTS 12 WOOD LANE CARLISLE, PA 17013 PROPERTY APPEARS TO BE VACANT BUT IS EXTREMELY JUNKY. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers: ...." .. '-__/ ,-". .-~~,'.>'-) ,~_:::-;.---_.---_._.:---::~~,=--------- -~~~~~ R. Thomas Kline Sheriff of Cumberland County KERNS PEARLSTINE ONORATO FATH 10/24/2005 Sworn and subscribed to before me this '+ <& day of 7tc-1H'~ loos A~m 'ri2~- j