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HomeMy WebLinkAbout02-2966Law Office of Federman and Phelan By: Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Principal Residential Mortgage, Inc. 711 High Street Des Moines, IA 50392 Daniel J. Durf or occupants 4410 Carlisle Road a/k/a Lot 39 Carlisle Road Gardners, PA 17324 Court of Common Pleas Civil Division Cumberland County Term No. - CML ACTION - EJECTMENT - 3020 ~ 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 llen 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 1. Plaintiff is Principal Residential Mortgage, Inc.. 2. Defendant is Daniel J. Durfor occupants. 3. Plaintiff is the owner of premises located at 4410 Carlisle Road a/k/a Lot 39 Carlisle Road, Gardners, PA 17324, a legal description ofwhich is attached. 4. Plaintiff became owner of said premises by a Deed from the Sheriff of Cumberland County, which Deed was lodged and settlement made with the Sheriff (Abstract of Title). Plaintiff, by virtue of the above, is the 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 rifle. 6. Plaintiff has demanded possession of the said premises from the said defendant who has refused to deliver up possession of the same. WHEREFORE, plaintiff seeks to recover possession of said premises. Attorney for Plaintiff Effective Date: 2/5/2001 Order Number: A47527 Client Number: DURF Premises: LOT NO. 39 CARLISLE ROAD, TOWNSHIP OF DICKINSON 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 absrractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIPTION ALL THAT CERTAIN tract of land, situate in Dickinson Township, in the County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of PA 34 (SR 0034) at the Northeast corner of Lot #38 on the hereinafter referred to Plan; thence along line of said Lot #38 North 58 degrees 58 minutes 46 seconds West 181.78 feet to a point in line of land now or formerly of Reading Railroad; thence along said line of land now or formerly of Reading Railroad North 42 clegrees 23 minutes 40 seconds East 625.22 feet to a point in line of lands now or formerly of Donald E. Brehm South 28 degrees 10 minutes 08 seconds East 66.93 feet to a point in the centerline of said PA 34 (SR 0034); thence along said centerline of said PA 34 (SR 0034) South 31 degrees 01 minute 14 seconds West 579.71 feet to a point, the place of BEGINNING. CONTAINING a total lot area of 1.6692 acres, including the portion of said premises under and subject the dedicated right-of-way line of PA 34 (SR 0034); and being Lot No. 39 on a Subdivision Plan for Michaux Meadows, Phase II, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 64, Page 42. BEING Lot No. 39 Carlisle Road. TAX PARCEL NUMBER: 08-15-0199-028 VERIFICATION Frank Federman, 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: ~/0~ Fra~ Federman, E~ Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMA-N IDENTIFICATION NO. 12248 One Penn Center ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF Principal Residential Mortgage, Inc. COURT OF COMMON PLEAS VS Daniel J. Durf Or Occupants 4410 Carlisle Road a/k/a Lot 39 Carlisle Road Gardnars, PA 17324 CIVIL DIVISION No. 02-2966-Civil Term Cxumberland County PRAEClPE FOR .H~I)GMENT IN E.IECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Principal Residential Mortgage, Inc. and against the Defendant(s) Daniel J. Duff and Or Occupants for possession of premises 4410 Carlisle Road a/k/a Lot 39 Carlisle Road, Gardners, PA 17324 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. ~ttomey for lal~flfff Default Judgment entered as indicated above. DATE FEDERMAN AND PIt. LAN, LLP FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 1617 JOHN F. KENNEDY BOULEVARD PHILADELPmA, PA 19103-1814 (215) 563-7000 Principal Residential Mortgage, Inc. Daniel J. Durf Or Occupants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-2966-civil TO: Daniel J. Durf, Or Occupants 4410 Carlisle Road a/k/a Lot 39 Carlisle Road Gardners, PA 17324 DATE OF NOTICE: July 16~ 2002 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attomey and file in writing with the court your defenses or of 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND pItlgLAN L.L.P. BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 One Penn Center Plaza ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF principal Residential Mortgage, Inc. COURT OF COMMON PLEAS CIVIL DMSION VS Daniel J. Durf Or Occupants 4410 Carlisle Road a/k/a Lot 39 Carlisle Road Gardners, PA 17324 No. 02-2966-Civil Term Cxumberland County ~ZF.RIFICATION OF NON-MIr .ITAR¥ ,ql~.RVICE FRANK FEDERMAN, 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: States or its · e (a) That the defendant(s) ~s/ar not in the Military or Naval Service of the United Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) That defendant Daniel J. Durf Or occupants, is over 18 years of age, and resides at 4410 Carlisle Road a/k/a Lot 39 Carlisle Road, Gardners, PA 17324. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. , ESQUIRE {,_A~orney for PJaffitiff PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cxumberland Principal Residential Mortgage, Inc. vs Daniel J. Durf Or Occupants 4410 Carlisle Road a/k/a Lot 39 Carlisle Road Gardners, PA 17324 COURT OF COMMON PLEAS CIVIL DIVISION No. 02-2966-Civil Term Cxumberland County PR.dECIPE FOR }FRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 4410 Carlisle Road aJk/a Lot 39 Carlisle Road, Gardners, PA 17324 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 4410 Carlisle Road a/k/a Lot 39 Carlisle Road Order Number: A47527 Client Number: DURF Effective Date: 2/5/2001 Premises: LOT NO. 39 CARLISLE ROAD, TOWNSHIP OF DICKINSON 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 not to exceed Two Thousand Dollars. DESCRIPTION ALL THAT CERTAIN tract of land, situate in Dickinson Township, in the County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of PA 34 (SR 0034) at the Northeast corner of Lot//38 on the hereinafter referred to Plan; thence along line of said Lot #38 North 58 degrees 58 minutes 46 seconds West 181.78 feet to a point in line of land now or formerly of Reading Railroad; thence along said line of land now or formerly of Reading Railroad North 42 degrees 23 minutes 40 seconds East 625.22 feet to a point in line of lands now or formerly of Donald E. Brehrn South 28 degrees 10 minutes 08 seconds East 66.93 feet to a point in the centerline of said PA 34 (SR 0034); thence along said centerline of said PA 34 (SR 0034) South 31 degrees 01 minute 14 seconds West 579.71 feet to a point, the place of BEGINNING. CONTAINING a total lot area of 1.6692 acres, including the portion of said premises under and subject the dedicated right-of-way line of PA 34 (SR 0034); and being Lot No. 39 on a Subdivision Plan for Michaux Meadows, Phase II, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 64, Page 42. BEING Lot No. 39 Carlisle Road. TAX PARCEL NUMBER: 08-15-0199-028 SHERIFF'S RETURN - CASE NO: 2002-02966 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CLTMBERI2kND PRINCIP/kL RESIDENTIAL MORTGAGE VS DURF DANIEL J REGULAR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon DURF DANIEL J the DEFENDANT , at 1022:00 HOURS, on the 24th day of June at 4410 CARLISLE ROAD AKA LOT 39 CARLISLE ROAD , 2002 GARDNERS, PA 17324 DANIEL DURF a true and attested copy of COMPLAINT - by handing to EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.52 Affidavit .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this [~ day of ~ ~% 6w3 ,t~ A.D. i ' Prothonotary ' ~ ~ So Answers: R. Thomas Kline 06/26/2002 FEDERMAN & PHELAN Deputy She~/f f ~-RIT OF POSSESSION' ' E]ecrmear Proceedings PR C P 3i60 - 3t65 ere, PRINCIPAL RESIDENTIAL MO~T~'GE, INC. DANIEL J. DURF OR OCCUPANTS ,..-5' TBi5 CQL'R.- O? C©).L' fOX ?LZ_k~ .N'o. -- 02-2966-Civil .............................. T*.'-~ ................................ ?----'-= 20_ ..... Cc~xs ................................ PYff ' ............................ 3___ 1.00 CUMBERLAND ................................... Ceuaq:, 9~z ~: PRINCIPAL RESIDENTIAL MORTGAGE, INC. oe'.ng: .p.--~-,__,'.~.= = ,oc. ctw~i : 4410 CARLISLE ROAD a/k/a LOT 39 CARLISLE ROAD GARDNERS, PA 17324 TRUE CaPY F~4 D~.,'~,~n In Testimony v, hcrcof, I h~ un~o s~t my hand and the seal of sak~ Court ~t Er:: :z[% Pa. "h'~ ~ ~,, of ~ ~2 .............. ~.....~ ......... F Prothonota~ dan: ~ &-."~ ~e:l ::i~ h.~: .or :h~:' !r.r~.-:r~ ~ xhere:n. ' .... August 6, ~002 [ c:u~d? ='.¢ within n~-'ned ......................................................................... ~v~;~n ~ ~ ~-~ d~ ~:h :he ~r:~.~nc~. ~d ....................................... ~ ~Writ of Possession ~_V~--6~-~J-~-~-~9~-- -- -- - ' ........ Sheriff's Costs Advance Costs: 15~_~0 .......... .... ~ov~i~g ......... ~--~ mfo~ ........................ ~h~'f~-%'-C~-~E~-'- W6.8~ Surcharge 20.00 103.19 .... -B~ .................... t~ ......................................................... ~ ..... Milage 6.90 Poundage ~ ~1 Refunded to AtkB_~.A0fAl/~2-- 46.81