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HomeMy WebLinkAbout02-2967Law 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 Flagstar Bank, FSB 5151 Corporate Drive Troy, MI 48098 Wayne Abel or occupants 406 Marble Street Mechanicsburg, PA 17055 Court of Common Pleas Civil Division Cumberland County Term No. - CIVIL ACTION- EJECTMENT - 3020 ~ firm is a debt collector attempting to collect a debt and any informa~don 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 consh'ued 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. Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 1. Plaintiff is Flagstar Bank, FSB. 2. Defendant is Wayne Abel or occupants. 3. Plaintiff is the owner of premises located at 406 Marble Street, Mechanicsburg, PA 17055, a legal description of which 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). 5. 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 title. 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: 12/6/2001 Order Number: A56864 Client Number: 998027765 Premises: 406 MARBLE STREET, BOROUGH OF MECHANICSB/URG 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 absuractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIPTION ~/ ALL THAT CERTAIN tract of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of East Marble Street (52.5 feet wide) at the dividing line between Lots Nos. 14 and 15, Section 'C", on the hereinafter mentioned Plan of Lots; thence along said dividing line South 18 degrees 39 minutes East 151.26 feet to a point; thence South 72 degrees 48 minutes West a distance of 65.02 feet to Lot No. 13, Section "C"; the¢ce along Lot No. 13, Section "C", North 18 degrees 39 minutes West 149.62 feet to the South side of East Marble Street; thence along the South side of East Marble Street North 71 degrees 21 minutes East 65 feet to Lot No. 15, the place of beginning. BEING Lot No. 14, Section "C", in the Plan of Blackburn Village, as recorded in the Cumberland County Recorder's Office in Plan Book 5, Page HAVING thereon erected a single brick dwelling house known and numbered as 406 East marble Street. Tax Parcel #038 Tax Map #24-0789 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. Fra4ak Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN L.L.P. BY: FRANK FEDERMAN 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 Flagstar Bank, FSB vS Wayne Abel Or Occupants 406 Marble Street Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CiVIL DIVISION No. 02-2967-Civil Cumberland County PRAF~(~IPF~ FOR .H~DGMENT IN E.IEC~TMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejeclment in favor of the Plaintiff, Flagstar Bank, FSB and against the Defendant(s) Wayne Abel and Or Occupants for possession of premises 406 Marble Street, Mechanicsburg, PA 17055 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 Plaintif£s 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. Default Judgment entered as indicated above. t~fttomey for Pla~jf.f/ DATE FEDERMAN AND PHELAN Frank Federman, Esquire Identification Number 12248 One Penn Center Plaza Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINT~F Flagstar Bank, FSB. Wayne Abel Or occupants COURT OF COMMON PLEAS CIVIl DiVISION CUMBERLAND COUNTY No. 02-2967 TO: Wayne Abel or occupants 406 Marble Street Mechanicsburg, PA 17055 DATE OF NOTICE: THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORT~,NT NOTICE 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 (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 COURTHOUSE COURT ADMINISTRATOR 4TH FLOOR CA_XLISLE, PA 17013 (717) 240-6200 Frank Federman. EsqUire Attorney for Plaintiff FEDERMAN AND PHELAN 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 Flagstar Bank, FSB COURT OF COMMON PLEAS CIVIL DIVISION VS Wayne Abel Or Occupants 406 Marble Street Mechanicsburg, PA i7055 No. 02-2967-Civil Cumberland County VERIFICATION Olq' NON-M'II,TTARV ,qERVICE 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: (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 Congress of 1940, as amended. Co) That defendant Wayne Abel Or occupants, is over 18 years of age, and resides at 406 Marble Street, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. / F~ANK FED~RMJ~q, ESQUIRE ~ttorney for la~mtiff PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Flagstar Bank, FSB ¥S Wayne Abel Or Occupants 406 Marble Street Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CIVIL DIVISION No. 02-2967-Civil Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 406 Marble Street, Mechanicsburg, PA 17055 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 406 Marble Street SHERIFF'S RETURN CASE NO: 2002-02967 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLAGSTAR BANK FSB VS ABEL WAYNE - REGULAR CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon ABEL GREGG the TERRE TENANT , at 2029:00 HOURS, at 406 MARBLE STREET MECHAi~ICSBURG, PA 17055 GREGG ABEL, OCCUPANT a true and attested copy of on the 2nd day of July , 2002 by handing to COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Additional Comments WAYNE ABEL IS LIVING IN A RETIREMENT HOME. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~ day of ~ 'Prothonotary So Answers: R. Thomas Kline 07/03/2002 FEDERMAN & PHELAIq ~ D~u~y Sheriff ' %]tYT OF POSSESSION' E]ecnnenr Proceedings PRC P 3i60 - 3165 etc~ FLAGSTAR BANK, FSB ~ --- WAYNE ABEL OR OCCUPANTS ~' iq-iX COURT O.;' CO).£2,£GX ?L.L~8 OF CI.-F.. [ B E RL.~ .%-'0 C 0 L .Z', ,.-!~J: -Ye. 02-2967-CIVIL ................................ T*.-~ 20 ...... ................................ T-.~r~- 20~ ..... A::'v $ 104.40 P!'f£ s ............................. ~ ........... CO.%~£O.VWEAL2Z.-Z OF ?Lx,.-VaTLV.kNL~.; CUMBERLAND -'fo :he She~ of ................................... u .....er... for ?ss~rs~.or. in £ze lho '.'e mazes ','c,u ave 21..-:-d ........ FLAGSTAR BANK, FSB .......................................................................................... being: ] P.-~'----2.~r~ = :'o~cr,~ : 406 MARBLE STREET MECHANICSBURG, PA 17055 Curtis R. Long P~chor. ot-~.-. C~.-r._.-:c7 p!~ C~u.--. of Street, Mechanicsburg, PA 17055 Sheriff's Costs: Surcharg~ 20~6~ Sheri f f ' s-%-6~y61'- --~1~ ............ i~5 .................. Refunded to Att~ on Possession __$Q.._~ .....