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Home My WebLink About05-6516 PHELAN HALLINAN & SCHMIEG By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Federal Home Loan Mortgage Corporation Mail Stop 61, P.O. Box 5000 Vienna, VA 22183-5000 Court of Common Pleas Civil Division v. Cumberland County Term John D. Stone Or Occupants 272 South West Street Carlisle, PA 17013 No. (J5. (PS'/f/ CaJ mVTT. A r.'I'TON - F..TF.r.'I'MRN'I' - **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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 L Plaintiff is Federal Home Loan Mortgage Corporation. 2. Defendant is John D. Stone Or Occupants. 3. Plaintiff is the equitable owner of premises located at 272 South West Street, Carlisle, PA 17013, a legal description of which is attached. 4. Plaintiff became equitable owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County on December 7, 2005. 5. Plaintiff, by virtue of the above, is the equitable 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. WHEREFORE, plaintiff seeks to recover possession of said premises. ( I ... SCHEDULE "A" ALL THA'l' CERTAIN HOUSB AND un: OF GROUND SI'l"UATR ON SOUTH WBBT STREln' IN 'mE OOROU<H OF CARLISLE, COUNTY OF COMBERLJ'IND, AND STATE OF PBNNSYLVANIA., BOUNDED AND DESCRIBED.AS FOLLOws: ON 'l1IE RAST BY SOOTiI WEST STRBBT i ON THB NORTH BY PROPBRTY NOW OR FORMERLY OF J _ HAAION LINE; ON 111& WEST BY 1\N A:LLBY; .NID ON '1"HK SOOTH BY PROPERTY NOW OR FORMERLY OF BLMER: R. SKLLERS. HAVING A FRONTAGE OF 39 FEBT ON SAID BOU'11l WEST STREET AND A DEPTH OF 150 FEET, HAVINO nJERBON KRECTED A TWO AND ONE-HALF STORY BRICK DWELLnro HOUSH AND anum IMPROVDlENTS IN TIIB RATB KNOWN AND NmBERIID 272 sotmI WEST STREET. C1\RLISLR. nKING THE .sAME PROPERTY CONVEYED TO JOHN D. STONE, AS SOLB TENANT BY Dmm FR.OfII oJOHN D. STONE AND CATHBRINB A. STONE. HUSBAND AND WIFE, RBOORDED 02/04/1999 IN DEED BOOK 193 PAGB 988. TAX KEY NUMBER: 04-21-0320-516 ORDER NO. 1542054 PREMISES BEIlIG: 272 SOUTH WEST STREET ". VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, 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 I have personal knowledge of the purchase of this property at sheriff's sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. !l4904 relating to unsworn falsification to authorities. / z /, i /c.,-~ D~t~1 I - ~-7 -- ' -, .--- ~c ~~..:>--- /J?6ncis S. Hallinan, Esquire .- Attorney for Plaintiff ,:~ :J ~ 'l-J ""-:; \) \N ~ '}J "- . ~,' ..~ O.~ ~':,\ ~ ~ \r-, , . \ \:j ~~~ ~ ~ ~ ~~~ , ' , ~~ . . ,- r~. '- ., SHERIFF'S RETURN - REGULAR CASE NO: 2005-06516 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL HOME LOAN MORTGAGE COR VS STONE JOHN D SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon STONE JOHN D the DEFENDANT , at 1044:00 HOURS, on the 30th day of December, 2005 at 272 SOUTH WEST STREET CARLISLE, PA 17013 by handing to JOHN D STONE a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.80 .00 10.00 .00 32.80 c?{/?~f:P' ~. .~ .,c"'...".. ,,~ ",' ~~ t ....~<:~1t.,f..?7?:-.e'~~, R. Thomas Kline 01/03/2006 PHELAN HALLI Sworn and Subscribed to before By: me this \P II~ day of A.D. Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Federal Home Loan Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs John D. Stone Or Occupants 272 South West Street Carlisle, P A 17013 No. 05-6516-Civil Cumberland County PRAF,CIPF, FOR .nmr.MF,NT IN KTRCTMF,NT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Federal Home Loan Mortgage Corporation and against the Defendant(s) John D. Stone and Or Occupants for possession of premises 272 South West Street, Carlisle, P A 17013 pursuant to the attached Consent Judgment dated January 27, 2006. "'b. nds S. Hallinan, ESQUIRE Attorney for Plaintiff Default Judgment entered as indicated above. DATE V.' .v' "VVV .V....V . ..... ...VvVV......"... ...................... ...'''' . .u.........' 'r,J """ FEDERMAN AND PHELAN By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Ccnter Plaza. Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 Anomey for Plaintiff Federal Home Loan Mortgage Corporation : COURT OF COMMON PLEAS : CIVIL DIVISION Y. John D Stone Or Occupants 272 South West Slrcet Carlisle, PA 17013 : Cumberland COUNTY : NO. 06516 rONSF.NT .nmr.NrnNT AND NOW. This 21 day of (Jai7VaY~ 2006 it is hereby agreed by and between Federal Home Loan Mortgage COIporation (hereinafter "Plaintiff"), by and through its counsel, Francis S. Hallinan, and . John D. Stone (hereinafter "Defendant"), agree as follows: WHEREAS, Plaintiff is the real owner of the property located at 272 South West Street, Carlisle, P A 17013 (hereinafter referred to as Premises"), by Sheriffs Sale in Cumberland County on December 7,2005; WHEREAS. Plaintiff filed a Ejeennent complaint (hereinafter the "Complainf') against the Defendants on or about January 18,2006; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint. AND NOW THEREFORE. each in consideration of the promises to the other, to be legally bOlmd thereby, Plaintiff and Defendants agree as follows: 1. That judgment is hereby entered for Plaintiff and against Defendant for possession of the Premises. 2. ThaI the Defendant shall peacefully vacale the Premises on or by March 12, 2006, and leave it in "broom swept" condition. c -;V (:) -lg. ~ \t.. ~ ...c \) ~ - \J ~ -!;: ~ j ~) ~ --D >2 .-> r:,) ~ -..a ,-~,) r:r... ~ ~ ~ -,.., ~ r~:-I Q , C" , - ( - - - ",' F -.- -'-' .. - - PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Federal Home Loan Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs John D. Stone Or Occupants 272 South West Street Carlisle, P A 17013 No. 05-6516-Civil Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 272 South West Street, Carlisle, P A 170 I 3 **PLEASE SEE THE A TI ACHED LEGAL DESCRIPTION*** Being Known as No. 272 South West Street ~ Fr is S. Hallinan, ESQUIRE A TIORNEY FOR PLAINTIFF ~ +- p ~ '-~ . ~ ...-\ ~~ /;--J "..c v \)>-C) VI ". ~ VI VI ""'0 ~ t') ~ -:- \) () ~ \)" t, ~ l -6j- ::: (flW~ ~ -:')1' u 10 c~B~'6 \ '= ~~ :;::; ':'L-=r::J - :. ~ rj!E ,-> c::::> (;:::::> ,.,;.,.., .....-, r'~ 0:;< \ CF\ ., lor2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA FEDERAL HOME LOAN MORTGAGE CORPORATION VS. No. 05-65 I 6 Civil Term_ JOHN D. STONE OR OCCUPANTS 272 SOUTH WEST STREET CARLISLE, PAl 70 13 Costs Attorney's Plaintiff s Prothonotary $ 112.30 $ $ 1.00 COMMONWEALTH OF PENNSYL VANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) FEDERAL HOME LOAN MORTGAGE CORPORATION being: (Premises as follows): 272 SOUTH WEST STREET, CARLISLE, PA 17013 - PLEASE SEE THE ATTACHED LEGAL DESCRIPTION (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) int mbcrland County, PA Date FEBRUARY 6. 2006 (Seal) By: Irene Morrow Deputy ~ .. 2of2 No 05-6516 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA FEDERAL HOME LOAN MORTGAGE CORPORATION VS. JOHN D. STONE OR OCCUPANTS 272 SOUTH WEST STREET CARLISLE, PA 17013 WRIT OF POSSESSION P.R.c.P. 3160-3165 ETC. Costs Att'y Plff (s} Prothy Sheriff $ 112.30 $ $ 1.00 $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 215-563-7000 !.D. # 62695 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 Sworn and subscribed to before me this Day of So Answers, Sheriff By .to< ___. SCHEDtn.E "A It ALL THAT CKRTAtH HOUSE .AND LOT OF GROUND SITUATE ON SOUTH WEST STRBBT :IN mE BORbOGl OF CMLI:SLR, COUNTY OF COMBERLAND, AND STA'J"B OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLCiWs: ON THE &A8T BY BOOTiI WEST STREET; ON TBB NORTH BY PROPERTY NOW OR FORMBRL.Y OF J. MARION LINE; ()H 'THE WB8'J' BY l\N ALJ....BY; him ON TBB SOUTH BY PROPERTY NOW OR FO.RtIKRLY OF BLMBR R. SRLLBRS. HAVING A FRONTAGE OF 39 FEET ON SAID BOUTfI WEST 8TJUm'l' NID A DEPTH OF 150 FEET, HAVlNO "ftIERBON ERECTED A TYlO AND ONS-H1U..oF STORY BRIel( DWKLL.TNO nouSR AND arHBR l:MPROVDtENTS IN THE RATE KNOWN AND NOMBERlID 272 SOUTH WEST BTRBRT, CARLTSLB. eKING THE 8MB PROPERTY CONVEYED TO .:1OHN D. STONE, AS SOLB TENANT BY DEED FROM JOHN D. SroNE AND CM'HBR.INB A. STONE, HUSBJ\ND AND WIFE, RECORDED 0'2{04{1999 DI DEED BOOt( 193 p1\(tE 988. TAX KEY NUMBER: 04-'21-0320-516 ORDER NO. 1542054 PREMISES BEING: 272 SOUTH WEST STREET --y . ! -....... ~ '.... . . By virtue of this writ, on the _ llay of . . I caused the within . to have possession of the premises described with the named appurtenances, and P-l15 PllTT ()]<' pnSSFssr.oN RFTIJRNF.D STAYED PER ATTY 4/10/06 Sworp and su~cnbed to before me this ~'O'jj~". Sheriff's Return: Docke t'i ng Poundage Milage Surcharge Pro thy 18.00 .87 4.40 20.00 1.00 44.27 " " SO~?~_t:~t / By i1.ln 11 t~ ~D. ,~4L Advance Costs: 150.00 Sheriff's Costs: 44.27 105.73 Refunded to Atty on 4/10/06 \.oV c. ' '" , c- (/". "" S3(.~Y ~J71n1 . ... Aa JJIlOljS JOAUU Slljl OUI OlOJOq 01 poq!-,osqns pUll mo"'-s 'Sl;}A\SUY OS pUB 'S;}~tmu;}lIDdde Oljlljl!"'- pOqIlOSOp sosnn01d oljl JO UO!ssossod OAUlj 01 ' pOUI1!U ulljl!"'- oljl posnuo I . , JO AUP - oljl UO '1IlA\ SIljl JO OTlJl!A Aa pOAlOS 0'1 A1l\U slodud 010'11\\ (S)JJ!lIIfUld lOJ Aomony ,691:9 # '01 OOOL-€9>-,IZ v181-E0161 Yd'vrHd'lIIGY'lIHd 001'1 IIlHlS 'mrv A3:'lflOH )Idf L 191 NOIlYlSNVffMflg[lSlY~lIlNIIJNNlId3:NO d'l'l 'DffiWHJS 'Il NVNITIYH NY'lIIHd ffiI!flOSII 'NYNI'l'lYH 'S SDNY}ld :ssolppl! pUll OWl!U hOUlOUl! (s) JJ1lU!l!ld $ 00.1 $ $ 0f'l11 $ JJ!lol{S hl{lOld {s) JJld h,IlY SlSO;) '3.13: S91E-091E 'd'3'l1'd NOISS3:SS0d ,m .1mM. €lOLl Yd 'tllSlTIlY::> LtlffiUS LStl1\\ HLflOS ell SLNY dfl::>::>O "lIO tlNOLS 'U NHOI 'SA NOlLYllOcrnO::> tlDYDL"lIOW NYOl tlWOH lYlltlUtld VINY A'IASNN:!Id 'AJ.NllOJ <INV'lll:!lHWD.J .!IO SV:!I'Id NOWWOJ .!IO J.lI!lOJ 3R.L NI UIlOL HA!::> 91,9-,0 ON ZJO z: --.. " , ..._~ \.,.,..~~, .- " .... ...,. 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL HOME LOAN MORTGAGE CORPORATION VS. No. 05-6516 Civil Term_ JOHN D. STONE OR OCCUPANTS 272 SOUTH WEST STREET CARLISLE, PA 17013 Costs Attorney's Plaintiff s Prothonotary $112.30 $ $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (l) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) FEDERAL HOME LOAN MORTGAGE CORPORATION being: (Premises as follows): 272 SOUTH WEST STREET, CARLISLE, PA 17013 - PLEASE SEE THE ATTACHED LEGAL DESCRIPTION (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) inter Date FEBRUARY 6, 2006 (Seal) By: Irene Morrow Deputy PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Esquire Atty. J.D. No.: 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ., I . Attorney for Plaintiff FEDERAL HOME LOAN MORTGAGE CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County No. 05-6516-CIVIL vs. JOHN D. STONE OR OCCUPANTS Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, SATISFY JUDGMENT AND DISCONTINUE AND END ACTION. WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, satisfy the judgment and mark this case discontinued and ended, upon payment of your costs only. rJ 6/097/0 {; dYo. Y1 C-< '.P s;:-:'. /(~ he..<<.. Francis S. Hallinan Attorney for Plaintiff Date PHS # 127926 (-,. :::1 , - r:S'l - \~ i'.,) W ,- --'.~ L.:; co