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Home My WebLink About06-7055 Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 Attorney for Plaintiff One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank Minnesota, N.A. As Trustee For The Liquidity Funding Trust 2002-3 Mortgage Backed Court of Common Pleas Certificates Series 2002-LF3 7105 Corporate Drive Civil Division Plano, TX 75024 Cumberland County V. Term Russell A. Fishel Or Occupants No, b(, _ 7oss 405 Third Street Ou 1. C West Fairview, PA 17025 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 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 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PHS #: 145829 1. Plaintiff is Wells Fargo Bank Minnesota, N.A. As Trustee For The Liquidity Funding Trust 2002- 3 Mortgage Backed Certificates Series 2002-LF3. 2. Defendant is Russell A. Fishel Or Occupants. 3. Plaintiff is equitable owner of premises located at 405 Third Street, West Fairview, PA 17025, 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 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 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. Fra is 7Hallinan, Esquir orney ntiff Leval DescrWtion; AIJ. THAT CWTA1N PARCEL OF LAND SITUATE IN THic BOROUGH OF WEST FAIRVIEW IN THE COUNTY OF CUMRFJt1.AND AND STATE OP FENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE. EASTERN LINE OF THIRD STREET AT THE. UNTERSECTHOI OF SAID STREET AND THE 14ORTHYRN LINE OF LO'f NOW OR LATE OF JCW.M KF.PPORD; THENCE IN A NORTHWESTERLY COURSE ALONG SAID THIRD STREET, THIRTY (30) FELT TO LOT NOW OR LATE OF GEORGE IL KEFMMR. SAID LOrI' BEING NUMBERED THREE (3) IN THE PLAN OF LOTS HEREINAFTER MENTIONED; THENCE IN A NORTHL4SFERLY DIRECTION ALONG SAID LAST MENTIONED LOT, ONE HUNDRED FORTY NINE (149) FEET SIX (6) INCHES TO AN ALLEY; THENCE ALONG SAID AIAXY SOUTHF.ANf WARDLY THIRTY (30) FEET TO THE SAID (.OT OF JOSEPH KEPPORD; THENCE Tr A SOU'TUWESTP.RLY COURSE ALONG SAID LAST MENTIONED LOT, ON't IRUNDRFD FIFTY TWO (152) FEET SIX (6) INCITES. MORE OR LESS TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO AND ONE HALF HTORY FRAME DWELLING MR10.5 NOW KNOWN AND NUMBERED AS No. 403 NORTH THIRD STREET, WEST FATRVIT.W. PENNSYLVANIA. REINNP LOT No. Z IN PLOT B OF H. X. MAWS EXTIMON TO WEST FAIRVIEW. SAID PLAN BEING ENTERED IN PLAN BOOK No. 1, PAUL 23, IN THE RECORDER'S OFFICE OF CUMBERL4JID COUNTY, PENNSYLVANIA. BEING THE SAME PREMISES WHICH, SANTO CRESCFI47J. WIDOWER, BY DEED DATED JULY 1% 1961 AND RECORDED JULY 17, 1961 IN THE RECORDFR OF DEEDS IN AND FOR CUMBERI AND COUNTY, PENNSYLVANIA 114 DEED BOOK C, VOLUME 20. PAGE 212 CONVEYKD UN-1-0 ERNEST G? AND HELEN T. WOOD,JR. 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. §4904 relating to unsworn falsification to authorities. ?lv Date franciVS. Hallinan, Esquire Attori(ev for Plaintiff ti - , - Ti _ Llt , 0 .3 Phelan, Hallinan & Schmieg, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney for Plaintiff One Penn Center @ Suburban Station Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Wells Fargo Bank Minnesota, N.A, as Trustee for The Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 2002-LF3 Court of Common Please Plaintiff Civil Division VS. NO. 06-7055-Civil Term Russell A. Fishel Or Occupants Cumberland County Defendants TO THE PROTHONOTARY: Pursuant to P.A RCP. 410 (a)(2), kindly index Marvin Landan as Defendant in the above captioned matter. Marvin London was found in possession of the premises located @ 405 Third Street, West Fairview, PA 17025 and was served with a copy of the Complaint on December 12, 2006. Fr ncis . Hallinan, Esquir A or y for Plaintiff Date: January 4, 2006 rg' ('ice F"i co Phelan Halligan & Schmieg, LLP ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank Minnesota, N.A. as Trustee : COURT OF COMMON PLEAS for The Liquidity Funding Trust 2002-3 : Cumberland COUNTY Mortgage Backed Certificates Series 2002-LF3 : No. 06-7055 Civil Term Plaintiff Vs. Russell A. Fishel Or occupants Defendant(s) PRAECIPE TO RELEASE PARTY DEFENDANT MARVIN LONDON Plaintiff, Wells Fargo Bank Minnesota, N.A. as Trustee for The Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 2002-LF3, by and through its attorney, Francis S. Hallinan, Esquire, hereby releases Marvin London, as party defendant in connection with the above matter. Marvin London was served with a copy of the complaint in ejectment as an adult in charge on behalf of Russell A. Fishel's on December 12, 2006, and was indexed as a defendant pursuant to PA R.C.P. 410(a)(2) by Praecipe on January 8, 2007. It has been determined that Marvin London is not an occupant of the premises and only accepted service on behalf of defendant Russell A. Fishel. Phelan Hallinan & Schmieg, LLP By: rancis S. Hallinan, Esq. Attorneys for Plaintiff n ? f- c? ? o ? 31t • _ , Lfi "'?J cc C PHELAN 14ALLINAN & SCHMIEG By: Francis S. Hallinan, Esquire Identification No. 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Wells Fargo Bank Minnesota, N.A. as Trustee for the Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 2002-LF3 vs Russell A. Fishel Or occupants 405 Third Street West Fairview, PA 17025 TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS I CIVIL DIVISION No. 06-7055 Civil Cumberland County Kindly enter Judgment in Ejectment in favor of the Plaintiff, Wells Fargo Bank N Trustee for the Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 200 the Defendant(s) Russell A. Fishel and Or occupants for possession of premises 405 Fairview, PA 17025 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 praecipe for Entry of default Judgment was mailed to Defendant(s), a true and correct attached hereto. Francis S. Hallinan, F Attorney for Plaintiff Default Judgment entered as indicated above. N.A. as and against Street, West to file a of which is DATE Phelan Hallinan & Schmieg, L.L.P By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center @ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Email: ryan.tenant a4fedphe_com Wells Fargo Bank Minnesota, N.A, as Trustee for The Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 2002-LF3 V. Russell A. Fishel Or Occupants TO: Russell A. Fishel 405 Third Street West Fairview, PA 17025 DATE OF NOTICE:.Tanuary 12.2007 ATTORNEY FOR COURT OF COMMON CIVIL DIVISION CUMBERLAND COUNTY No. 06-7055-CIVIL TERM This Firm is a debt collector attempting to collect a debt. This !Notice is sent to you in an attempt to collect th indebtedness referred to herein, and any information obtained from you will be used for that purpose. If you have previou ly received a discharge in bankruptcy, this correspondence is not valid and should not be construed to be an attempt to coil t a debt, but only as enforcement of lien against property You are in default because you have failed to enter a written appearance personally or by attorne and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered again t you without a hearing 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, got to or telephone the office set forth below This office can provide you with the information about hiring a lawyer. 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. I CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Fr ncis S. Hallinan, Esquire Attorney for Plaintiff 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 Wells Fargo Bank Minnesota, N.A. as Trustee for the Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 2002-LF3 vs Russell A. Fishel Or occupants 405 Third Street West Fairview, PA 17025 COURT OF COMMON PLEAS I CIVIL DIVISION No. 06-7055 Civil Cumberland County Francis S. Hallinan, Esquire, hereby verifies that he is Attorney for Plaintiff in the abc matter, and that on information and belief, he has knowledge of the following facts, to wit: captioned (a) That the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congres of 1940, as amended. (b) That defendant Russell A. Fishel Or occupants, is over 18 years of age, and residest 405 Third Street, West Fairview, PA 17025 . This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating unsworn falsification to authorities. rancis S. Hallinan, Esquir Attorney for Plaintiff \ ?'' r-?? .?.? ?, P _ 1 - ?- d ?- ? ?„ ? -? ? _ ?.? 1 ?? _. ? ? ?, ? _ J PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Wells Fargo Bank Minnesota, N.A. as Trustee for the Liquidity Funding Trust 2002-3 Mortgage Backed Certificates Series 2002-LF3 COURT OF COMMON PLEAS CIVIL DIVISION vs Russell A. Fishel Or occupants 405 Third Street West Fairview, PA 17025 No. 06-7055 Civil Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of. 405 Third Street, West Fairview, PA 17025 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 405 Third Street Fr ncis S. Hallinan, Esquire ATTORNEY FOR PLAINTI F F,-., JA. Ada r c%1 ? • 111 yyy '?„"" • c n WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 -- 165 etc.) ;XF.LL,< FARGO BANK MINNESOTA, N.A. AS TRUSTEE `FOR-THE LIQUIDITY FUNDING TRUST 2002 3 IN THE COURT OF CO ON PLEAS OF MORTGAGE BACKED CERTIFICATES SERIES I CUMBERLAND COUNTY 2002-LF3 vs. RUSSELL A. FISHEL OR OCCUPANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND PENNSYLVANIA No. 06-7055 CIVIL Term No. Term Costs Att'y. $ 126.58 Pl'ff (s) $ Prothy. $ 1.00 County, Pennsylvania (I) To satisfy the judgment for possession in the above matter you are directed to delive possession of the following described property to: WELLS FARGO BANK MINNESOTA, N.A.AS TRUSTEE FOR THE LIQUIDITY FUNDING TR. ST 2002-3 MORTGAGE BACKED CERTIFICATES Shxlr.b ZUUZ-LtJ Plaintiff (s) being: (Premises as follows): 405 THIRD STREET WEST FAIRVIEW, PA 17025 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any propert of the defen- dant (s) and sell his/her (or their) interest therein. Pennsylvania Date Jantia 29, 2007 By: _ (SEAL) Deputy a. C?i7 4 \ rV-3 O (D E; 'L3 H H ? sv c (D I H + ro (D ID a C/) d b y ('D o n 0 Ef3 64 b9 b9 0 30 ;'d C z? n y ;b O w b 0 n O By virtile of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and C) Pd t;d o? ? o`U) x r Cz dx`? nr ?-3 bd 9 ?rz C?C?7 0 H y cnH .o O ?dazc r H???y O H O ?? Mt3M ?0 H b , 0 r3 9 Z 1 b CD ?c r D Cn W C I H ? ?z o o ?> rt C?7 00 W Qo 0 0 O I O Ul N C?D to So Answers, Sworn and subscribed to before me this day of Prothonotary By Sheriff Deputy Leeai Description: All. THAT CERTAIN PARCEL OF LAND SITUATE W THE BOROUGH OF WEST FAIRYIEW IN THE gOUNPY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESC:RIRFD AS FOLLOWS, TO Wl7' BEGLNNING AT A POINT ON THE. EASTERN LINE OF THMP STREET AT THE INTERSECTION OF STREET AND THE NORTHERN LINE OF LOT NOW OR LATE OF JOSEPH KFPPORD; THENCE IN A NOR ERLY COURSE ALONG SAID THIRD STREET, THIRTY (30) FEET TO LOT NOW OR I.ATF. OF (:EURC . KEFFHR, SAID LOT BEING NUMBERED THREE (3) W THE PLAN OF LOTS HEREINAFTER MENTIONED; ENCE IN A NORTHLAS'I'LRLY DIRECTION ALONG SAID LAST MENTIONED LOT, ONE HUNDRED FORTY NIN (149) FEET SIX (6) INCHES TO AN ALLEY; THENCE ALONG SAID ALI.EY SOU'T'HEASTWARDLY THIRTY (30) T TO THE. SAD) UOT OF JOSEPH KEPEORD; THENCE L\ A SOUTHWESTERLY COURSE ALONG SAID LAST ENTIONED LOT, ONE HUNDRED PIETY TWO (I52) FEET 51X (6) INCHES, MORE OR LESS TO THE. PLACE OF BE ig INNING. HAVING THEREON ERECTED A TWO AND ONE HALF STuRY FRAME DWELLING HOUSE=S NOW KNOWN AN13 NUMBERED AS No, 405 NORTH THIRD STREET, WEST FAHtVIF.W, PENNSYLVANIA. REING LOT No. 21N PLOT B OF H. R. MAY'S EXTENSION TO WEST FAIRVIEW, SATO PLAN BEING PLAN BOOK No. 1, PAGE 23, IN THE RECORDER'S OFFICE OF CUMBERLAND COUNTY, PFNNSYLV RUNG THE SAME PREMISES WHICH, SANTO CRESCEN7.I, WIDOWER, BY DEED DATED JUI.Y RECORDED JULY 12, 1961 IN Tilt RECORDER OF DEEDS IN AND FOR CUMBERLAJN PENNSYLVANIA IN DEED ROOK G, VOLUME 29, PACK? 212 CONVEYED UNTO ERNEST G- Ah WOOD, JR. IN 1961 AND COUNTY, HELEN T. SHERIFF'S RETURN - REGULAR CASE NO: 2006-07055 P -- i COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA 'r VS FISHEL RUSSELL A 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 FISHEL RUSSELL A the DEFENDANT , at 2030:00 HOURS, on the 12th day of December , 2006 at 405 THIRD ST WEST FAIRVIEW, PA 17025 by handing to MARVIN LONDON, ADULT IN CHARGE 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 f-WY•D'Z(:?- So Answers: 18.00 14.08 ii<??•? ?r,?r=??''"?-'A .00 10.00 R. Thomas Kline .00 42.08 12/18/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day of A.D. .r ,r PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Esquire Atty. I.D. No.: 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 VS. Plaintiff RUSSELL A. FISHEL OR OCCUPANTS Defendant(s) Attorney for Plaintiff Court of Common Pleas CUMBERLAND County No. 06-7055-CIVIL 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. 6-1114210 /7 Date 77/-Dv7C/'a---- Francis S. Hallinan Attorney for Plaintiff PHS # 145829 Q R N a a y 94- =' 1-3 O a 0 CD H H 01 . W CD N H EA C? H b co N) rA CD Un R. Thomas' Kline, Sheritf,'who being duly sworn according to law, states this - - ` Writ is returned Expired. ' Sheriff's Coats: Advance Costs: 150.00 Sheriff's Costs 53.25 Docketing 18.00 96.75 Poundage 1.05 Advertising Law Library Prothonotary 1,00 Refunded to Atty on 08/13/08 Mileage 13.20 Misc. Surcharge 20.00 Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL Q 53.25 So Answers; s4i r i-I . BY i i3"W T ., U2 > Ob Pd ci :D- ?r o 0 o v nt t-t ? CZ 0x`n y bd ? H t-4 50 O? cc ?? C H ?Gy >0 0 to H d z ? Qn 3 ;v 0 r 0 til n M H O y oo W ?tW tzjz- Fw?? [ d 6 H ?!t, M H ?0-4 o?z ??O P1 z NtO'3?ZZ 'E0q sR bs i r-I r) h .W wC)rn F+ N k ?2 O o P!ej ? y t f [ s7 rr t+i 00 w By virtde of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and to So Answers, Sworn and subscribed to before me this R?133 day of Sheriff Prothonotary By Deputy . WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) WELLS FARGO BANK MINNESOTA, N.A. AS TRUSTEE FOR -THE LIQUIDITY FUNDING TRUST 2002 3 IN THE COURT OF COMMON PLEAS OF MORTGAGE BACKED CERTIFICATES SERIES 2002-LF3 CUMBERLAND COUNTY, PENNSYLVANIA vs. RUSSELL A. FISHEL OR OCCUPANTS No. 06-7055 CIVIL No. Att'y. PI'ff (s) Term Term Costs $ 126.58 $ 1.00 Prothy. 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: WELLS FARGO BANK MINNESOTA, N.A.AS TRUSTEE FOR THE LIQUIDITY FUNDING TRUST 2002-3 MORTGAGE BACK Plaintiff (s) being: (Premises as follows): 405 THIRD STREET WEST FAIRVIEW,.PA 17025 (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. , C f Cwnb d Cowty, Pennsylvania Date Jana i=T 29, 2007 By: (SEAL) Deputv