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Home My WebLink About05-6782 i . Phelan, Hallinan & Schmieg By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LaSalle Bank National Association (Assignee) Formerly Known As LaSalle National Bank, In Its Capacity As Indenture Trustee Under That Certain Sale And Servicing Agreement Dated December 1, 1999 Among AFC Trust Series 1999-4, As Issuer, Superior Bank, FSB, As Seller And Servicer, And LaSalle Bank National Association, As Indenture Trustee, AFC Mortgage Loan Asset Backed Notes Series 1999- 4 And Any Amendments Thereto 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 v. Chad D. Leforte Or Occupants 15 Cold Springs Road Carlisle, PA 17013 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. DS- -6 7P~ 17 (-r;;n Liu'cL /8dl 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 judl~ment 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. Uyou do not have a la~;vyer 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 Inay offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 loan: EMPAOl4 1. Plaintiff is LaSalle Bank National Association (Assignee) Formerly Known As LaSalle National Bank, In Its Capacity As Indenture Trustee Under That Certain Sale And Servicing Agreement Dated December 1, 1999 Among AFC Trust Series 1999-4, As Issuer, Superior Bank, FSB, As Seller And Servicer, And LaSalle Bank National Association, As Indenture Trustee, AFC Mortgage Loan Asset Backed Notes Series 1999- 4 And Any Amendments Thereto. 2. Defendant is Chad D. Leforte Or Occupants. 3. Plaintiff is equitable owner of premises located at 15 Cold Springs Road, Carlisle, PA 17013, a legal description of which is attached. 4. Plaintiff became owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County, on December 7, 200c,. 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. 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 said premises. ~.:, s_iL~ , ancis S. Hallinan, Esquire Attorney for Plaintiff . ALL THAT CERTAIN tract ofland, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follow:;: BEGINNING at the intersection ofline ofland formerly of Walter S. Bear and now of Robert D. Hoch and wife, known as 17 Cold Springs Road and Cold Springs Road; thence from said point at the place of beginning in a northerly direction along the said Cold Springs Road 150 feet to a point; thence in an easterly direction 110 feet more or less to the line of lands furmerly of S.A. Clippinger; thence in a southerly direction 150 feet to a point in line of said lands formerly of Walter S. Bear and now or formerly of Robert D. Hoch; thence in a westerly direction along line of said land of Hoch, 110 feet, more or less, to a point at the place of BEGINNING. HAVING thereon erected a dwelling house known as 15 Cold Springs Road. BEING TIIE SAME PREMISES which James K. Kramer and Wendy S. K.nuner, husband and wife, and Jeannie 1. Brigg1e, by Deed dated Octoher 28, 1999 and recorded November 9, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 211, Page 265, granted and conveyed unto Chad D. Leforte. UNDER AND SUBJECT to an existing 20 foot light of way along the sonthern side of the property allowing ingress and egress to the adjacent property. PARCEL NO. 08-31-2197-021. .'- . . VERIFICATION Francis S. Hallinan, Esquire hereby states that he is the Attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to take this Verification, pursuant to Pa. R.C.P. 1024 (c) and that the statements made in the foregoing Civil Action in Ejectment are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.s. Sec. 4904 relating to unsworn falsification to authorities. Date: /2./2 :4",,(0')- ( ( ~- ~ ~ ..~~ ~ Ii -. / rancis S. Hallinan, Esquire Attorney for Plaintiff p0"f: t- \ lA _ -+::: U1 ~ -::z C> ~ - \ ~~F ~ E- --r- 8 ~;~ c; ':.-:;1 "'1 .;-J"l ..-.4 ? 0~~1 ,-; \ :< \ "!;.-< ":~,'hl c5 ~:iJ t" :.....:. 0." SHERIFF'S RETURN - REGULAR CASE NO: 2005-06782 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS LEFORTE CHAD D DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT LEFORTE CHAD D was served upon the DEFENDANT , at 1228:00 HOURS, on the 4th day of January 2006 at 15 COLD SPRINGS ROAD CARLISLE, PA 17013 CHAD LEFORTE by handing to a true and attested copy of COMPLAINT - EJECTMENT t?gether with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.16 .00 10.00 .00 34.16 Sworn and Subscribed to before - me this ;()- - day of h~ dOV~r.. A.D. /Ihit;; .., P:c thonotar (f So Answers: or" //~ ..'::::;~::~'~ R. Thomas Kline 01/06/2006 PHELAN HALLINAN SCHMIEG By: p~/~.' Deputy Sher~ ~ .. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire 1.0. No. 32227 Francis S. Hallinan, Esquire 1.0. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION (ASSIGNEE) FORMERLY KNOWN AS LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED DECEMBER 1, 1999 AMONG AFC TRUST SERIES 1999-4, AS ISSUER, SUPERIOR BANK, FSB, AS SELLER AND SERVICER, AND LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, AFC MORTGAGE LOAN ASSET BACKED NOTES SERIES 1999-4 AND ANY AMENDMENTS THERETO. Plaintiff Court of Common Pleas CUMBERLAND County No. 05-6782 CIVIL COURT vs. CHAD D. LEFORTE OR OCCUPANTS Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND ENO TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. (Jel/) ]/D ~ Date "3 r Q.UO.f .C ,rt4~'/-?e~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff PHS # 128604 -- ~-r.' c~