HomeMy WebLinkAbout06-7320
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Phelan, Hallinan & Schmieg, LLP
By: Francis S. Hallinan, Esquire
Identification No. 62695
One Penn Center A Suburban Station
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
Attorney for Plaintiff
Deutsche Bank Trust Company Americas, As Trustee
And Custodian For Meritage Mortgage Loan Trust
2004-2 By: Saxon Mortgage Services Inc. As Its
Attorney-In-Fact (Mers Is Acting/Has Acted As Agent
For The Real Party In Interest Or Beneficial Owner)
4708 Mercantile Drive
Fort Worth, TX 76137
v.
Court of Common Pleas
Civil Division
Cumberland County
Term
Dustin C. Kauffman
Or Occupants
323 Fifth Street
Enola, P A 17025
No. OL,4 73~O C. iv\ \ Te.Rft\
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 A VENUE
CARLISLE, P A 17013
(717) 249-3166
PHS #: 146595
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I. Plaintiff is Deutsche Bank Trust Company Americas, As Trustee And Custodian For Meritage
Mortgage Loan Trust 2004-2 By: Saxon Mortgage Services Inc. As Its Attorney-In-Fact (Mers Is
Acting/Has Acted As Agent For The Real Party In Interest Or Beneficial Owner).
2. Defendant is Dustin C. Kauffman Or Occupants.
3. Plaintiff is equitable owner of premises located at 323 Fifth Street, Enola, P A 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
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.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-07320 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK TRUST ET AL
VS
KAUFFMAN DUSTIN C
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
KAUFFMAN DUSTIN C
the
DEFENDANT
, at 1426:00 HOURS, on the 5th day of January , 2007
at 323 FIFTH STREET
ENOLA, PA 17025
by handing to
DUSTIN C KAUFFMAN
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:
Sworn and Subscibed to
18.00
13.20
.00
10.00 R. Thomas Kline
.00_/
41.20~ 01/08/2007
o~ PHELAN HALLINAN SCHMIEG
,..30(, ;,.&
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before me this
day
By: ~pq:
Deputy Sheriff
of
A.D.
r
..
AG '!'BAT CZRTAIN :ot or par:::! C! ~ ::u......... - -
?A.IRVlEW,=CO'UNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA.. !!lor:
oarricuiariv ixlumieci and. described as foliaw, 10 wit: .. Now K:c.own AS/Las.. Pcum.sbc~c !W!:>.
. .
BEGINNING au ti= E3st=m siQI; !iDe af cOJJDCiogDim::t Strc=. a:t a. paiDt 180 :fi=:t South or
the comer of couodoguiDelt aDd W ~ Str=: tbcac: in an Easterly direction a.iaag the line
. of Lot No. 41., 150 feet to tbc Westc:m liDc af SJalc Alley; 1hcDc= soudIwm'dly ajgq S1a=
Allev 60 iec: to the cm:n=- af Lot No. 38; thmK:: akIug the liDc ai. Lot NO. 38 in a wes=iy
ciired:icm 145 y~ f=t 10 conocioguim:st Street; tbc1ce aiong !be =str:nl side line or
Conocioguinett su=t 60 =10 thepW:c afBEGINNING.
BEING Lot! NO&. 39 aDd 40 in the o:r-inn plu5"af Lots., mIIde by the Trus=:s of the
E.stam oi J~ McCormick, dcwo-i, aDd TCC<<ded in 1bc Rc::anici's Office at C:Iriislc.
cl1Jlli7arimi countY. peausyivmia, in Plan Book No: 1 Page 4.
HAVING '1.'1IEREON EREC11ID a Two md Quo-Half Story Frame Dwelling House and.
atilcr out bu;ildiags.
UNDER. AND SUJUECl', ~ to c::asmlCII1S. n:strictioos. ~ cr-1rtinnc;
md. righis-<Jf-way of rc:ord.
BEING KNOWN AS:
323 FIFTH STREET, (EAST PENNSBORO TOWNSH:P)
ENOLA, PA 17025
PROPERTY ID NO. :
45-17-1044-176
TITLE TO SAID PREMISES IS VESTED IN DUSTIN C. KAUFFMAN, SINGLE MAN
BY DEED FROM RICHARD M. FRANK SR., SINGLE MAN DATED 8/27/04
RECORDED 8/31/04 IN DEED BOOK 264 PAGE 4826.
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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: 17 arf ~
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