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Home My WebLink About01-5564COLUMBIAN NATIONAL INCORPORATED ROSS E. Plaintiff : VS. : GJ~I-IAGAN : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Ot CIVIL ACTION - LAW PENNSYLVANIA IN EJECTMENT 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 twenty (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 any 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 T~LEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE SOUTH HANOVER STREET CARLISLE, PA 17013 TELEPHONE (717)240-6200 NO T I C IA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. T OPY FROM LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNR ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSR ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ARISTENCIA LEGAL. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE SOUTH NANOVER STREET CARLISLE, PA 17013 TELEPHONE (717)240-6200 COLUMBIAN NATIONAL INCORPORATED ROSS Plaintiff : VS. : E. GA/-L~GAN : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, No. CIVIL ACTION - LAW IN EJECTMENT PENNSYLVANIA COMPLAINT 1. Plaintiff, Columbia National Incorporated, is a corporation with an office located at 7142 Columbia Gateway Drive, Post Office Box 3050, Columbia, Maryland 21045-6050. 2. Defendant, Ross E. Gahagan, is an adult individual whose last known precise residence is 170-172 Erford Road, Camp Hill, Pennsylvania 17011. 3. Plaintiff avers that any person not set forth above, but in possession of the premises set forth in Paragraph 2 is, and shall become a Defendant to this action by virtue of Rule 410(b) (2) of the Pennsylvania Rules of Civil Procedure, upon identification by the Sheriff of Cumberland County in his Return of Service of such person, and upon Praecipe of the Plaintiff. 4. Prior to September 5, 2001, Defendant was the owner of certain real property known as 170-172 Erford Road, Camp Hill, Pennsylvania 17011. 5. Said premises were sold by the Sheriff of Cumberland County at a Sheriff's Sale held at the Cumberland County Court House on September 5, 2001, after due advertisement according to law, under and by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, No. 1996-7002 Civil Term at the suit of Fleet Mortgage Corp., formerly known as Columbia National Incorporated vs. Ross E. Gahagan. 6. The aforesaid property was purchased at sale by Columbia National Incorporated, the said proceedings being incorporated herein by reference. 7. By virtue of the aforesaid Sheriff's Sale, Plaintiff acquired title to the said premises. 8. Defendant is presently in possession of the said premises, having come into said possession by virtue of his prior ownership. 9. Plaintiff's Abstract of Title is attached hereto as Exhibit WHEREFORE, Plaintiff demands judgment against Defendant in Ejectment for recovery of premises described in Exhibit "A" attached hereto and made a part hereof, plus costs of suit. Dated: September 24, 2001 PURCELL, LLER By: Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, with improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a point on the east side of Erford Road, having a width of 50 feet, said point being at the corner of lands now or late of Charles G. Holmes; thence along the east of Erford Road, North 34 degrees 40 minutes West 97 feet to a stake; thence along the line of lands now or late of Clyde D. Smyser, et ux, North 67 degrees 20 minutes East 150 feet to a stake; thence along lands of the same, South 34 degrees 40 minutes East 98.63 feet to a stake;- thence along the line of lands now or late of the aforesaid Charles G. Holmes, South 67 degrees 56 minutes 27 seconds West a distance of 150.35 feet (erroneously stated as South 63 degrees 57 minutes West 150.24 fee in a prior deed) to a point on the east side of Erford Road, the place of beginning. HAVING THEREON ERECTED a four (4) family dwelling house known as 170 and 172 Erford Road, Camp Hill, PA 17011. BEING THE SAME PREMISES which Kevin L. Stockton and Phyllis L. Stockton, by their Deed dated December 23, 1993 and recorded in Cumberland County Recorder of Deeds Office on December 27, 1993 in Deed Book S 36, page 491, granted and conveyed unto Ross E. Gahagan. EXHIBIT "A" _PLAINTIFF'S ABSTRACT OF TITL~ 1. Property acquired by Plaintiff at Cumberland County Sheriff's Sale conducted by Sheriff of Cumberland County on September 5, 2001. 2. Deed from Kevin L. Stockton and Phyllis L. Stockton dated December 23, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on December 27, 1993, in Deed Book S-36, Page 7002, to Ross E. Gahagan. EXHIBIT "B" VERIFICATIO__N I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made penalties of authorities. subject to the 18 Pa.C.S. §4904 relating to unsworn falsification to Leon P. Haller Dated: September 24, 2001 Z ~ Z~ ~0 DO OZ Z COLUMBIAN NATIONAL INCORPORATED ROSS Plaintiff : : E. GAHAGAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-05564 P CIVIL ACTION - LAW IN EJECTMENT P RA E C I P E TO THE PROTHONOTARY: Please index PATRICIA MATOS as a party Defendant to the above action in accordance with Rule 410(b) (2) of the Pa.RoC.P. PURCELL, KRUG & HALLER By: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: October 5, 2001 COLUMBIAN NATIONAL INCORPORATED ROSS Plaintiff VS. E. GAHAGAN : Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-05564 P CIVIL ACTION - LAW IN EJECTMENT P RA E C I P E TO THE PROTHONOTARY: Please index RITA RULLAN as a party Defendant to the action in accordance with Rule 410(b) (2) of the Pa.R.C.P. above By: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: October 9, 2001 ZZ ~ C 0-~ ~ ~ ~ 0~ 0 ~ ~ ~ ~ ~ O~Z ~ ~ ~ ~ ZD~Z OZ 0 SHERIFF'S RETURN - CAS~ NO: 2001-05564 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIAN NATIONAL INCORPORATE VS GAHAGAN ROSS E REGULAR 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 MATOS PATRICIA the TERRE TENANT , at 1940:00 HOURS, at 172A ERFORD RD CAMP HILL, PA 17011 ELIEZER MATOS, BROTHER on the 26th day of September, 2001 by handing to 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 6.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 25.75 Sworn and Subscribed to before me this ~ day of Oc~ ~ A.D. ! P~othonotary So Answers: R. Thomas Kline 09/28/2001 PURCELL KRUG & HALLER By: /~pu~y~riff SHERIFF' S RETURN - REGULAR CAS~. NO: 2001-05564 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIAN NATIONAL INCORPORATE VS GAHAGAN ROSS E 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 RULLAN RITA the TERRE TENANT , at 1940:00 HOURS, at 172 B ERFORD RD CAMP HILL, PA 17011 RITA RULLAN on the 26th day of September, 2001 by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ,~ ~-- day of A.D. ' ~Prothonotar~ So Answers: R. Thomas Kline 09/28/2001 PURCELL KRUG & HALLER SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-05564 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLUMBIAN NATIONAL INCORPORATE VS GAHAGAN ROSS E R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDAiqT GAHAGAN ROSS E ,Sheriff or Deputy Sheriff, who being search and but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , , NOT FOUND , as to the within named DEFENDANT , GAHAGAN ROSS E PROPERTY AT 170 ERFORD ROAD IS VACANT. Sheriff's Costs: Docketing 18.00 Service 9.75 Not Found 5.00 Surcharge 10.00 .00 42.75 ~So answers. Sheriff of Cumberland County PURCELL KRUG & HALLER 09/28/2001 Sworn and subscribed to before me this ~ day of ~ ~f A.D. 'P~othonotary ' COLUMBIA/~ NATIONAL INCORPORATED Plaintiff vs. ROSS E. GAHAGAN, PATRICIA MATOS and RITA RULLAN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-05564 P CIVIL ACTION - LAW IN EJECTMENT PP. AECIPE FOR DEFAULT JUDGMENT IN EJECTMENT FOR POSSESSION OF REAL PROPERTY TO THE PROTHONOTARY: Enter default judgment in ejectment for possession of the premises 172 Erford Road, Camp Hill, Pennsylvania 17011, described in the attached legal description in favor of Plaintiff and against the Defendant, Patricia Matos and Rita Rullan, and their successors, heirs and assigns for failure to answer the Complaint within twenty (20) days after service thereof on September 26, 2001. I hereby certify that the Notice of Default required by Pa.R.C.P. 237.1 was mailed to Defendant above named on October 18, 2001. PURCELL, KRUG & HALLER By:~ Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: October 30, 2001 COLUMBIAN NATIONAL INCORPORATED Plaintiff vs. ROSS E. GAHAGAN, PATRICIA MATOS and RITA RULLAN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-05564 P CIVIL ACTION - LAW IN EJECTMENT NOTICE OF ENTRY OF JUDGMENT BY DEFAULT TO: Patricia Matos and Rita Rullan Defendants in the above action You are hereby notified that on ~k~Yk___~ I , 2001, Judgment by Default has been entered against you in the above action for possession of the real property described in the attached legal description, for the reason that you failed to file an Answer to the Complaint within 20 days after the said Complaint was served upon you on September 26, 2001. P~6t~honot ary I hereby certify that the names and address of the proper persons to receive this notice under Pa.R.C.P. 236 is: PATRICIA MATOS 172 A ERFORD ROAD CAMP HILL, PA 17011 RITA RULLAN 172 B ERFORD ROAD CAMP HILL, PA 17011 Attorney for .ntiff COLUMBIAN NATIONAL INCORPORATED Plaintiff VS. ROSS E. GAHAGAN, PATRICIA MATOS and RITA RULLAN Defendants TO: PATRICIA MATOS 172 A ERFORD ROAD CAMP HILL, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-05564 p CIVIL ACTION - LAW IN EJECTMENT RITA RULLAN 172 B ERFORD ROAD CAMP HILL, PA 17011 DATE OF NOTICE: OCTOBER 18, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAR/LNCE 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. COURT ADMINISTRATOR FOURTH FLOOR C~MBERLAND COUNTY COURT HOUSE SOUTH HANOVER STREET CARLISLE, PA 17013 TELEPHONE (717)240-6200 PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff COLUMBIAN NATIONAL INCORPORATED Plaintiff VS. ROSS E. GAHAGAN, PATRICIA MATOS and RITA RULLAN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-05564 P CIVIL ACTION - LAW IN EJECTMENT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF DAUPHIN ) ss: LEON P. HALLER, attorney for Plaintiff, being duly sworn according to law, deposes and says that he is a duly constituted representative for the Plaintiff in the above captioned action; that he is duly authorized to make this affidavit; that he has personal knowledge, information and belief, that Defendant of the real estate described in the Complaint are not in the Military or Naval Services of the United States or its allies or otherwise within the provisions of the Soldiers' and Sailors' civil~Actof 1940, as amended. Leon P.,H~l~er . . Attorney for PXalntlff SWO~ su~ore me My commission expires: (SEAL) COLUMBIAN NATIONAL INCORPORATED Plaintiff vs. ROSS E. GAHAGAN, PATRICIA MATOS and RITA RULLAN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-05564 P CIVIL ACTION - LAW IN EJECTMENT ENTRY OF JUDGMENT BY DEFAULT NOW, on this day of ~/~I~_~C~'p , 2001, default judgment is hereby entered against the Defendants, PATRICIA MATOS and RITA RULLAN, and their successors, heirs and assigns, in ejectment for possession of the premises described in the attached legal description. Prothonotary L~ LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, with improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a point on the east side of Erford Road, having a width of 50 feet, said point being at the corner of lands now or late of Charles G. Holmes; thence along the east of Erford Road, North 34 degrees 40 minutes West 97 feet to a stake; thence along the line of lands now or late of Clyde D. Smyser, et ux, North 67 degrees 20 minutes East 150 feet to a stake; thence along lands of the same, South 34 degrees 40 minutes East 98.63 feet to a stake;- thence along the line of lands now or late of the aforesaid Charles G. Holmes, South 67 degrees 56 minutes 27 seconds West a distance of 150.35 feet (erroneously stated as South 63 degrees 57 minutes West 150.24 fee in a prior deed) to a point on the east side of Erford Road, the place of beginning. HAVING THEREON ERECTED a four (4) family dwelling house known as 170 and 172 Erford Road, Camp Hill, PA 17011. BEING THE SAME PREMISES which Kevin L. Stockton and Phyllis L. Stockton, by their Deed dated December 23, 1993 and recorded in Cumberland County Recorder of Deeds Office on December 27, 1993 in Deed Book S 36, page 491, granted and conveyed unto Ross E. Gahagan. ,< ~Z Z ~r~ ~o ~0~ OZ~o U~o ~0~ OZ O< COLUMBIAN NATIONAL INCORPORATED Plaintiff vs. ROSS E. GAHAGAN, PATRICIA MATOS and RITA RULLAN Defendants IN THE COURT OF COMMON PLEAS CUMBERLA~-D COUNTY, PENNSYLVANIA NO. 2001-05564 P CIVIL ACTION - LAW IN EJECTMENT PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue a Writ of Possession against PATRICIA MATOS and RITA RULLAN in the above matter for the possession of the premises set forth in the attached legal description. PURCELL, KRUG & HALLER By: ~r Leon P. e 1719 North Fro ~et Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: October 30, 2001 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, with improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a point on the east side of Erford Road, having a width of 50 feet, said point being at the corner of lands now or late of Charles G. Holmes; thence along the east of Erford Road, North 34 degrees 40 minutes West 97 feet to a stake; thence along the line of lands now or late of Clyde D. Smyser, et ux, North 67 degrees 20 minutes East 150 feet to a stake; thence along lands of the same, South 34 degrees 40 minutes East 98.63 feet to a stake;- thence along the line of lands now or late of the aforesaid Charles G. Holmes, South 67 degrees 56 minutes 27 seconds West a distance of 150.35 feet (erroneously stated as South 63 degrees 57 minutes West 150.24 fee in a prior deed) to a point on the east side of Erford Road, the place of beginning. HAVING THEREON ERECTED a four (4) family dwelling house known as 170 and 172 Erford Road, Camp Hill, PA 17011. BEING THE SAME PREMISES which Kevin L. Stockton and Phyllis L. Stockton, by their Deed dated December 23, 1993 and recorded in Cumberland County Recorder of Deeds Office on December 27, 1993 in Deed Book S 36, page 491, granted and conveyed unto Ross E. Gahagan. 0¢ .~.~ f~ ~0 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Columbian National Incorporated VS. Ross E. 9aha~an, Patricia Matos and Rita Rullan 172 Erford Road C~,~ Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5564 Civil Term No. Term Costs Att'y. $ 154.00 Pl'ff(s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cta-~b~rland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: Columbian National Incorporated Plaintiff (s) being: (Premises as follows): 172 ErforO Road Ca~p Hill, PA 17011 (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, Date October 31, 2001 (SEAL) Curtis R. Lonq Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania 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 as per Attorney. Sheriff's Costs: Docketing: $ 18.00 Advance Costs: Sheriff's Cost's 59.92 F~gOnOtary 1.00 e 9.75 ~arge 30.00 1.17 Refunded to Arty on 1/9/02 ~dage 59.92 Sworn and subscribed to before me this day of~' ~ / r Prothonotary