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Home My WebLink About03-0012HOMESIDE LENDING, INC. Plaintiff VS. MARK A. MYERS AND DEBRA L. MYERS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O{- /& CIVIL ACTION - LAW 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 complain~ or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOUL__~D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD -- ~ ONE GO TO OR TELEPHONE THE OFFIC~ SET ~ORTH 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 han 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 por 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. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ARISTENCIA LEGAL. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE SOUTH HANOVER STREET CARLISLE, PA 17013 TELEPHONE (717)240-6200 HOMESIDE LENDING, INC. : : : : Plaintiff : : VS. : MARK A. MYERS AND DEBRA L. : MYERS : : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN EJECTMENT COMPLAINT 1. Plaintiff, Homeside Lending, Inc., is a corporation with an office located at 7301 Baymeadows Way, Jacksonville, Florida 32256. 2. Defendants, Mark A. Myers and Debra L. Myers, are adult individuals whose last known precise residence is 906 Doubling Gap Road, Newville, Pennsylvania 17241. 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 December 4, 2002, Defendant was the owner of certain real property known as 906 Doubling Gap Road, Newville, Pennsylvania 17241. 5. Said premises were sold by the Sheriff of Cumberland County at a Sheriff's Sale held at the Cumberland County Court House on December 4, 2002, after due advertisement according to law, under and by virtu~ of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, No. 99-3719 Civil Term at the suit of Homeside Lending, Inc. vs. Mark A. Myers and Debra L. Myers. 6. The aforesaid property was purchased at sale by Homeside Lending, Inc., 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. Defendants are presently in possession of the said premises, having come into said possession by virtue of their prior ownership. 9. Plaintiff's Abstract of Title is attached hereto as Exhibit WHEREFORE, Plaintiff demands judgment against Defendants in Ejectment for recovery of premises described in Exhibit "A" attached hereto and made a part hereof, plus costs of suit. Dated: December 31, 2002 PURCELL, KRUG & HALLER Leon P. Hall~', Esquire 1719 North Harrisburg, PA 17102~2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff LEGAL DESCRIPTION ALL those tracts of land with the improvements thereon erected situate Jn Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows; TRACT NO. I: BEGINNING at a post at corner of lands now or formerly of Raymond. H. and nettle B. Boyles; thence West along lands now or formerly of Raymond H. and Bertie B. Boyles to a post at comer of lands of the Boyies and now formerly of John Nailor, for. a distance of 209 feet; thence North along lands now or fOrmerly Of John Nailor, a distance of 50 feet to a corner post; thence East along lands now or formerly of Edward L. Watson and Mary K. Watson, his wife, a distance of 209 feet to a post; thence South along Highway Routii 233, a distance of 80 feet to place of BEGINNING. TRACT NO. 2: ' BEGINNING at an Iron pin at comer of lands now or formerly of Eugene E. Oiler, et ux, which point is in the center of a public highway known as Route #233 (Newville-Doubling Gap Road); thence in a westerly direction by a line at rlght'angles to the aforesaid .public road and along the land now or formerly of Eugene E. Oiler, et ux, 209 feet to a post at common comer with the lands now or formerly of Edward L Watson and Mary K. Watson, his wife; thence in a northerly direction by a line parallel with the aforesaid public road, 100 feet to an iron pin~. thence by same, in an easlerly direction by a line at right angles to the aforesaid pubtic highway, 209 feet to a point ih the aforesaid public highway; thence along the center of the aforesaid public highway in a southerly direction 100 feet to the Place of BEGINNING. · TRACT NO. 3 · ~ *' - ' HAVING THEREON ERECTED A Newville, Pennsylvania BEGINNING at a point of the Township Road between the Doubling Gap Road and the Enola-Roxbury Road at the comer of the property now or formerly of Raymond Boyles on the East; thence along the Properties now or formerly of Boyles and other properties now or formerly of Ml~rl C. Dyarffian, Narth 1.2. 1/2 rods. Ia ..a, I;~01.nt I~,~e lan,d now o.r formerly of Myrl C. Dyarman; thence West sion ' th6 ~" '. .......... the Big Run; thence South alonn fh ........... g... . a.l~. ·r 2._4 rod~'lO'a'~o, lnt fn ,, -,,- ,~.,,,, =,=, ur me .~un lo u~e at'oresald described Township Road 8 1/2 rods; thence along said Township Road East 24 rods to the Place of BEGINNING. DWELLING KNOWN AS 906 Doubling Gap Road, BEING THE SAME PREMISES which Kathy D. Nye,-by her Deed dated January 24, 1997 and recorded in Cumberland County Deed Book 152, Page 643, granted and conveyed unto Mark A. Myers and Debra L. Myers. PARCEL NO. 15-05-0413-017 15-05-0413-016 (LOT 1); (LOT 3 ) 15-05-0413-019 (LOT ~) ; 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 December 4, 2002. 2. Deed from Kathy D. Nye dated January 24, 1997, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 152, Page 643, to Mark A. Myers and Debra L. Myers-. EXHIBIT "B" VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. eon P. Ha~.~ Dated: December 31, 2002