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Home My WebLink About06-5472 ... Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center A Suburban Station Suite 1400 Philadelphia, P A 19103 (215) 563-7000 Attorney for Plaintiff JP Morgan Chase Bank, as Trustee-Surf2004-BCl 4828 Loop Central Drive Houston, TX 77081-2226 Court of Common Pleas Civil Division v. Cumberland County Steve R. Aulenbacher Or Occupants 26 South East Street Carlisle, P A 17013 Term No.C>1o -S'l1~ C.,o~L'-r€/L~ CML 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 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 PHS#: 141090 1. Plaintiff is JP Morgan Chase Bank, as Trustee-Surf2004-BC1. 2. Defendant is Steve R. Aulenbacher Or Occupants. 3. Plaintiff is equitable owner of premises located at 26 South East Street, 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 September 6, 2006. 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 infonned, 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. ~~SV-I~ Fr ncis S. Hallinan, Esquire Attorney for Plaintiff Premises: 26 South East Street, Carlisle, PA 17013 Carlisle Borough-2nd Ward, Cumberland County Pennsylvania Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum no to exceed Two Thousand Dollars. DESCRIPTION ALL THAT CERTAIN messuage and lot of land together with the improvements thereon erected, situate in the Second Ward of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEGINNING on the East by South East Street; on the South by lot now or formerly of John Park; on the West by land now or formerly of the Smead heirs; on the North by lot now or formerly of Frank Peter. Containing in front on South East Street seventeen (17) feet three (03) inches, and extending in depth sixty (60) feet, more or less, to said land now or formerly of the Smead heirs. Having thereon erected a two and one-half story brick dwelling house and other improvements, known as 26 South East Street. BEING the same property which Virginia R. Russell, single woman, by deed dated September 24, 1993 and recorded in the Office ofthe Recorder of Deeds in and for Cumberland County in Deed Book 0-36, Page 667, granted and conveyed unto Carol Ann Aulenbacher, Grantor herein. PARCEL lDENTIFICA TION NO: 03-21-0318-016 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 sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. 'lff /o~ Date ~5V/~ F ancis S. Hallinan, Esquire Attorney for Plaintiff ;,Q. 5J R 1I1 1- \\:- ~ V'\ _ Vl CY ~ ~ ~ ~ e J ( ;-__"1. <_...l-.... (, -I .-- \-0 -- ..----' .' !,...: r, ' ~ II' " PHELAN HALUNAN & SCHMIEG By: Francis S. Hallinan, Esquire Identification No. 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF JP Morgan Chase Bank as Trustee-Surf 2004-BC 1 COURT OF COMMON PLEAS CIVIL DIVISION vs Steve R. Aulenbacher Or occupants 26 South East Street Carlisle, P A 17013 No. 06-5472-Civil Term Cumberland County PRARCTPR FOR .nIDGMRNT TN R.rnCTMRNT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, JP Morgan Chase Bank as Trustee-Surf 2004-BCl and against the Defendant(s) Steve R. Au1enbacher and Or occupants for possession of premises 26 South East Street, Carlisle, P A 17013 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. ~~.5'Y/~ ancls S. Hallman, Esquire Attorney for Plaintiff Default Judgment entered as indicated above. DATE ; PHELAN HALLINAN & SCHMIEG Francis S. Hallinan, Esquire ID# 62695 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, P A 19103 (215) 563-7000 A TTORNEY FOR PLAINTIFF JP Morgan Chase Bank as Trustee-Surf2004-BC1 COURT OF COMMON PLEAS CIVIL DIVISION vs Steve R. Aulenbacher Or Occupants No. 06-5472- Civil Term Cumberland County TO: Steve R. Aulenbacher or occupants 26 South East Street Carlisle, P A 17013 DATE OF NOTICE: October 13, 2006 """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 NOTIeF. 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 objections to the claims set forth against you. Unless you act within ten (IO) 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: CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 , 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 JP Morgan Chase Bank as Trustee-Surf 2004- BC 1 COURT OF COMMON PLEAS CIVIL DIVISION vs Steve R. Aulenbacher Or occupants 26 South East Street Carlisle, P A 17013 No. 06-5472-Civil Term Cumberland County VF.RTFTCA TTON OF NON-MTT,IT ARY SF.RVTCF. Francis S. Hallinan, Esquire, hereby verifies that he is Attorney for Plaintiff in the above captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) That the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) That defendant Steve R. Aulenbacher Or occupants, is over 18 years of age, and resides at 26 South East Street, Carlisle, P A 17013 . This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. ~~5V/~ Fr nCls S. Hallinan, Esquire Attorney for Plaintiff 'C ?t- r ~ ~ - X) ~ {g.. tt=- '1 :.0 ___ Co 8 ~ ~ p:J ~ ~ n \.Y t- ~~ r-;) g; 0 cr' -n o -t CO) :I: -n ~ rn r= N -om 0\ :n C) .:~2.) ::2 Y" -rl ~ ~:~J~j6 ?)rn r;.? :--\ ~b -.J -< Premises: 26 South East Street, Carlisle, P A 17013 Carlisle Borough-2nd Ward, Cumberland County Pennsylvania Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum no to exceed Two Thousand Dollars. DESCRIPTION ALL THAT CERTAIN messuage and lot of land together with the improvements thereon erected, situate in the Second Ward of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEGINNING on the East by South East Street; on the South by lot now or formerly of John Park; on the West by land now or formerly of the Smead heirs; on the North by lot now or formerly of Frank Peter. Containing in front on South East Street seventeen (17) feet three (03) inches, and extending in depth sixty (60) feet, more or less, to said land now or formerly of the Smead heirs. Having thereon erected a two and one-half story brick dwelling house and other improvements, known as 26 South East Street. BEING the same property which Virginia R. Russell, single woman, by deed dated September 24, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 0-36, Page 667, granted and conveyed unto Carol Ann Aulenbacher, Grantor herein. PARCEL IDENTIFICATION NO: 03-21-0318-016 ~ Premises: 26 South East Street, Carlisle, PA 17013 Carlisle Borough-2nd Ward, Cumberland County Pennsylvania Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum no to exceed Two Thousand Dollars. DESCRIPTION ALL THA T CERTAIN messuage and lot of land together with the improvements thereon erected, situate in the Second Ward of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEGINNING on the East by South East Street; on the South by lot now or formerly of John Park; on the West by land now or formerly ofthe Smead heirs; on the North by lot now or formerly of Frank Peter. Containing in front on South East Street seventeen (17) feet three (03) inches, and extending in depth sixty (60) feet, more or less, to said land now or formerly of the Smead heirs. Having thereon erected a two and one-half story brick dwelling house and other improvements, known as 26 South East Street. BEING the same property which Virginia R. Russell, single woman, by deed dated September 24, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 0-36, Page 667, granted and conveyed unto Carol Ann Aulenbacher, Grantor herein. PARCEL IDENTIFICATION NO: 03-21-0318-016 Premises: 26 South East Street, Carlisle, P A 17013 Carlisle Borough-2nd Ward, Cumberland County Pennsylvania Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum no to exceed Two Thousand Dollars. DESCRIPTION ALL THA T CERTAIN messuage and lot of land together with the improvements thereon erected, situate in the Second Ward of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEGINNING on the East by South East Street; on the South by lot now or formerly of John Park; on the West by land now or formerly ofthe Smead heirs; on the North by lot now or formerly of Frank Peter. Containing in front on South East Street seventeen (17) feet three (03) inches, and extending in depth sixty (60) feet, more or less, to said land now or formerly of the Smead heirs. Having thereon erected a two and one-half story brick dwelling house and other improvements, known as 26 South East Street. BEING the same property which Virginia R. Russell, single woman, by deed dated September 24, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 0-36, Page 667, granted and conveyed unto Carol Ann Aulenbacher, Grantor herein. PARCEL IDENTIFICATION NO: 03-21-0318-016 PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland JP Morgan Chase Bank as Trustee-Surf2004-BCI COURT OF COMMON PLEAS CIVIL DIVISION vs Steve R. Aulenbacher Or occupants 26 South East Street Carlisle, PA 17013 No. 06-5472-Civil Term Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 26 South East Street, Carlisle, P A 17013 **PLEASE SEE THE A IT ACHED LEGAL DESCRIPTION*** Being Known as No. 26 South East Street ~~.5Y1~ F ncis S. Hallinan, Esquire A TTORNEY FOR PLAINTIFF ~ -e, ~ ~ --t- ~\ ...... ~w-- - -OhlJ!'1 ~ ~ ...0 C "l../:. ~ ~ -:- C - C> c C c ~ t.r'l ~ , \ I \ ~ ~ ~ ~ ... ~-J D ... ... ,,() ?=- .. ... +- 1"\ '1 .. :: : ~f;!. tI) ... - t, ~ ':t...t:- 'J ~ r-.:l g ~ C7' o :r :::::; f11p! -o.jt"1 ~ ~rz9 ~ :1,~, ~ ~ -r() :',,~rn N ::-::; )> -- ~ CO' .' WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) JP MORGAN CHASE BANK AS TRUSTEE SURF2004-BC1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. No. 06-5472 CIVIL TERM T lerm Term STEVE R. AULENBAc~iR OR OCCUPANTS Costs Att'y. PI'ff (s) Prothy. $ 111. 90 $ $ 1.00 , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: CUMBERLAND To the Sheriff of County, Pennsylvania (I) To satisfy the judgment for possession ih the above matter you are directed to deliver possession of the following described property to: JP MORGAN CHASE BANK AS TRUSTEE SURF 2004-BC1 Plaintiff (s) being: (Premises as follows): 26 SOUTH EAST'STREET, CARLISLE, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Prothono of Cwnberland County, Pennsylvania Date OcTober 26. 2006 (SEAL) ~y: Deputy w we.... ? en 'i:l 'i:l ? M c:::t;j Z Z :7 ""\ ~ ~ ~~ (1_ p. 0 ..... 0 0 fll ..... <: p. ""\ ..... ':< ~ 0 ~Z @ Si :7 ""'""' ':< en N~ s:~ en '-" ~ 00 en 0> t:== 0 ~2: ~ I t!1t%j 0'\ CJN O:::ICJ ~(1 I ~ >0'\ ~~ t""' s:se U1 ESw t""0 ~ :7 ~ "-I fll HO ?='~ 2: w >~ N @ wc::: 0:::1 ~ Z~ t""'M (1- > "0 ~:J:: .~ CJ 0:::1 ~~ $:l:> " ~O :J:: ~ (10 "0 ~ ~ fll t;j> W~ ~ O~ ""\ >w n en M 0 ~~ 0 < > ~(1 3 ,...... VJ 0'\0 ~ Vl w ~O "-I W ..... ?tZl $:l:> (/) 0 M '< OM WtZl ~s: ,......~ ~t!1 CJ ~ 0" W~ O'\tZl CJ ~S: fll' ~ c::: w (/) M thtZl t;j M t!10 fll .. ~- ~ ~ Zz "'" ~O ~ ~ ~ < M z~ fll 0Z W P. -V7 -V7 -V7 -V7 tZlr-< ""\ "'" ~trj 3 3 I--' ~> I--'~ I--' I--' >tZl . . ZO 0 1.0 0 0 -~ > 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 Denntv SHERIFF'S RETURN - REGULAR CASE NO: 2006-05472 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS AULENBACHER STEVEN R KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon AULENBACHER STEVE R the DEFENDANT , at 1821:00 HOURS, on the 22nd day of September, 2006 at 26 SOUTH EAST STREET CARLISLE, PA 17013 by handing to CAROL AULENBACHER, MOTHER a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and 18.00 4.40 .00 10.00 .00 32.40/ IOJb~JD/' Cfr Subscibed to So An;::~~ R. Thomas Kline 09/25/2006 PHELAN HALLINAN SCHMIEG By: before me this day of A.D. 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 Attorney for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE-SURF 2004-BCl Plaintiff Court of Common Pleas CUMBERLAND County No. 06-5472-CIVIL TERM vs. STEVE R. AULENBACHER 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. 1//o8/o~ dr[))7U'~ 7~~;?oL, Francis S. Hallinan Attorney for Plaintiff Date PHS # 141090 ~, o ,-n C? 1") - -? ~ Q1 9~ -;g f1 ~-T; --{'JO ;;~}, ~~\ :l~~ 2\ ,0 .- o t<;; -\.~ ~q ...... " fF ".:, P/}, -! I~Gb \'{O~ - \ A 1\: 35 >- CIl CIle...., en '1:1 ::Q >- 1-:3 C:::'1:1 0. ::r '"I t%j ~;s: 0 =+l ..... n- o. ~ ..... <: ..... @ '"I ::r .--... ':< t%j 0 ~Z 8i ':< VJ N:;O VJ '-" :;0 00 3:~ VJ o~ ~:I: -i:'Z CJN ~ I trltrl ~ ~(j'\ ~ ~~ c::: ~CJ :::On :;0 t'"' 8~ ::r t'"'CIl > t%j ~o ~ HO ..... ;:":::0 Z CIl >c '"I CIle:: ..... ~ t%j ~ t'"'H 0 (j- ~ 2::::0 '"I '"Cl t%j::r: ::l .--3 CJ ~ Cl~ ~ ~ ~ ~o ::r: ~ '"Cl t%j '< t%j no ~ I-d~ 3' W~ :;0 o~ '"I ~CIl n en ~~ ' H '"I , 0 0 < ~ ~(j 3 ...... VJ 0\0 :;0 en CIl -....J CIl '1:1 ..... '?OO ~o ~ en '< 01-:3 e:. Woo 0 1-:3 g; ......:;0 ::l ~tr1 CJ ~ :<~ V.}t%j ,..... 0\00 CJ ~~ t%j 8i c:: CIl en 1-:3 Utoo I-d 1-:3 trlo ~ .--... trl- ~ t%j '"I Zz < en --30 Z t%j ~ '-" 1-:3 Z~ 0. V) V} V} V} (jZ CIl oo~ ~' ~trl ~> >00 t--' zo . 0 -~ 0 > By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and WRIT OF POSSESSION RETURNED STAYED 11/13/06 PER ATTORNEY ,,;:-~c=-:;) '----2; c::;i~ Til , "=~..::r .:-2> 'j'')} z z -0 0 o (j'\ I V1 -i:' -....J N ~ ~ ''"I '"I 3 3 , to Sheriff's Docketing Surcharge Poundage Pro thy Milage Advance Costs: 150.00 Sheriff's Costs: 44.27 105.73 Refunded to Attv on 11/13/06 Return 18.00 20.00 .87 1 00 4.40 44.27 Sworn and subscribed to before me this day of SO~~...-.c~~ (\ \ S~riff / By U Cl.lM~~ L ~ 1I1Jba1Lj / ~ l:tlJ.dl>li Prothonotary l,ucO ,J 'f 0-0 .~ Lr_ 'J l<' ; ~ /Sr,..P'ic WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) JP MORGAN CHASE BANK AS TRUSTEE SURF2004-BC1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-5472 CIVIL TERM Term No. Term STEVE R. AULENBAC*~R OR OCCUPANTS Costs Att'y. $ 111. 90 Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: CUMBERLAND To the Sheriff of County,Pennsy lvania (1) To satisfy the judgment for possession i~ the above matter you are directed to deliver possession of the following described property to: JP MORGAN CHASE BANK AS TRUSTEE SURF 2004-BC1 .- Plaintiff (s) being: (Premises as follows): 26 SOUTH EAST STREET, CARLISLE, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell hislher (or their) interest therein. Date (')c:tohP-r 26, 2006 ~y: Deputy (SEAL)