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Home My WebLink About07-1762 Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 Attorney for Plaintiff One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Bank Of New York As Trustee For The Certificateholders Of CWABS 2004-05 Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division V. Dennis R. Doporcyk Cumberland County Or Occupants 317 Steelstown Road Term Newville, PA 17241 /may 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 alien 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 AVENUE CARLISLE, PA 17013 (717) 249-3166 PHS #: 152289 1. Plaintiff is Bank Of New York As Trustee For The Certificateholders Of CWABS 2004-05. 2. Defendant is Dennis R. Doporcyk Or Occupants. 3. Plaintiff is equitable owner of premises located at 317 Steelstown Road, Newville, PA 17241, 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 March 7, 2007. 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 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 same. WHEREFORE, plaintiff seeks to recover possession of said premises. Wit'/ rancis S. Hallinan, Esquire Attorney for Plaintiff LEGAL DESCRHMON ALL that certain lot of ground, together with the improvements erected thereon, located in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING on the North side of the Steelstown Road, which point is eight hundred eighty-three (883) feet East of the Western line between the farm now or formerly of Wayne M. Hoover and Danylu Hoover, husband and wife, and property now or formerly of Irvin Sheaffer and which point is further in the Eastem line of a lane leading North from the Steelstown Road; thence Estwardly along the North side of the Steelstown Road, one hundred forty (140) feet to a point; thence Northwardly by a line parallel to said lane, two hundred (200) feet; thence Westwardly by the line parallel to the Steelstown Road, one hundred forty (140) feet to a point on the East side of said lane; thence Southwardly along the East side of said lane; thence Southwardly along the East side of said lane, two hundred (200) feet to the place of BEGINNING. BEING the same premises which Byron G. Sterling (also known as Byron G. Sterling, Jr.) and Dorthe I. Sterling, husband and wife, by their Deed dated June 15, 1996 and recorded June 17, 1996 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 140, Page 1163, granted and conveyed unto G. William Herminger, III and Joyce G. Hemminger, husband and wife, Grantors herein. PARCEL NO. 30-07-0485-014 PROPERTY BEING: 317 STEELSTOWN ROAD VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the property on behalf of the Plaintiff by bidding on the property at the sheriffs sale. I am making this verification rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property at sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. - i 4--?? - ?? ?aZL"?? O ancis S. Hallinan, Esquire Date/ Attorney for Plaintiff O? Fil P. ? ^I . ? `.? Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Bank of New York, as Trustee for The Certificateholders of CWABS 2004-05 vs. Dennis R. Doporcyk Or Occupants 317 Steelstown Road Newville, PA 17241 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 07-1762-Civil Term Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Bank of New York, as Trustee for The Certificateholders of CWABS 2004-05 and against the Defendant(s) Dennis R. Doporcyk and Or Occupants for possession of premises, 317 Steelstown Road, Newville, PA 17241 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 'Franco S. Hallinan, Esq Attor ev for Plaintiff Default Judgment entered as indicated above. DATE 6 .a ., . Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Attorney for Plaintiff Identification No. 62695 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Bank of New York, as Trustee for The Certificateholders of CWABS 2004-05 COURT OF COMMON PLEAS CIVIL DIVISION vs. No. 07-1762-Civil Term Cumberland County Dennis R. Doporcyk Or Occupants 317 Steelstown Road Newville, PA 17241 VERIFICATION OF NON-MILITARY SERVICE FRANCIS S. HALLINAN, 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. (b) That defendant Dennis R. Doporcyk Or occupants, is over 18 years of age, and resides at 317 Steelstown Road, Newville, PA 17241. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. ?ranci S. Hallinan, Esq re Atto ey for Plaintiff ri5 -? ? rn PHELAN HALLINAN & SCHMIEG, LLP By? Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATEHOLDERS OF CWABS 2004-5 Plaintiff : CIVIL DIVISION Vs. DENNIS R. DOPORCYK OR OCCUPANTS Defendants TO: DENNIS R. DOPORCYK OR OCCUPANTS 317 STEELSTOWN ROAD NEWVILLE, PA 17241 DATE OF NOTICE: APRIL 25, 2007 CUMBERLAND COUNTY NO. 07-1762-CIVIL TERM ROL THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 5 FRANCIS S. HAL INAN, ESQUIRE Attorneys for Plaintiff C7 i.. N3 PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland Bank of New York, as Trustee for The Certificateholders of CWABS 2004-05 COURT OF COMMON PLEAS CIVIL DIVISION VS. No. 07-1762-Civil Term Cumberland County Dennis R. Doporcyk Or Occupants 317 Steelstown Road Newville, PA 17241 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 317 Steelstown Road, Newville, PA 17241 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 317 Steelstown Road S. Hallinan, F v for Plaintiff C SL P A n-I C ?. rN 9) f ,?L7 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) BANK OF NEW YORK, AS TRUSTEE FOR CERTIFICATEHOLDERS OF CWABS 2004-05 vs. DENNIS R. DOPORCYK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1762-CIVIL TERM Term No. Term Costs Att'y. $ 15-6,02 Pl'ff (s) $ Prothy. $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: A&I To the Sheriff of CUMBERLAND County, Pennsylvania (l) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: RANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, 2004-05 being: (Premises as follows): 317 STEELSTOWN ROAD NEWVILLE, PA 17241 Plaintiff (s) (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. C of Cumberland County, Pennsylvania Date ?'Ltc g o7 o-p? By_ (SEAL) Deputy 0. ? zw a ? V t-I N H Cn O CD C D r En -ti `C r N O' CD CL b a CD n 0 tn ny bo " ro ? o O ao By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and z ? z H z ? H rjl r d 0 d° v? x PO ?o o p cn C 0 C-) ? Cn td ?-3 77 b a CA z o W N? 00 zz r zo z z 0 0 r s U H r H CTS , to Sworn and subscribed to before me this day of So Answers, -P- Sheriff LEGAL DESCRIPTION ALL that certain lot of ground, together with the improvements erected thereon, located in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING on the North side of the Steelstown Road, which point is eight hundred eighty-three (883) feet East of the Western line between the farm now or formerly of Wayne M. Hoover and Danylu Hoover, husband and wife, and property now or foimerly of Irvin Sheaffer and which point is further in the Eastern line of a lane leading North from the Steelstown Road; thence Eastwardly along the North side of the Steelstown Road, one hundred forty (140) feet to a point; thence Northwardly by a line parallel to said lane, two hundred (200) feet; thence Westwardly by the line parallel to the Steelstown Road, one hundred forty (140) feet to a point on the East side of said lane; thence Southwardly along the East side of said lane; thence Southwardly along the East side of said lane, two hundred (200) feet to the place of BEGINNING. BEING the same premises which Byron G. Sterling (also known as Byron G. Sterling, Jr.) and Dorthe L Sterling, husband and wife, by their Deed dated June 15, 1996 and recorded June 17, 1996 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 140, Page 1163, granted and conveyed unto G. William Hemminger, III and Joyce G. Hemminger, husband and wife, Grantors herein. PARCEL NO. 30-07-0485-014 PROPERTY BEING: 317 STEELSTOWN ROAD PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Esquire Atty. I.D. No.: 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWABS 2004-05 Attorney for Plaintiff Plaintiff Court of Common Pleas CUMBERLAND County VS. No. 07-1762-CIVIL TERM DENNIS R. DOPORCYK OR OCCUPANTS Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, SATISFY JUDGMENT AND DISCONTINUE AND END ACTION, WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, satisfy the judgment and mark this case discontinued and ended, upon payment of your costs only. Date Francis S. Hallinan Attorney for Plaintiff PHS # 152289 ? Q - rs ,j) on 1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01762 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK AS TRUSTEE VS DOPORCYK DENNIS R RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT DOPORCYK DENNIS R was served upon the DEFENDANT , at 1124:00 HOURS, on the 4th day of April , 2007 at 317 STEELSTOWN ROAD NEWVILLE. PA 17241 DENNIS DOPORCYK 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 Service Affidavit Surcharge -1jt407 L?, ? Sworn and Subscibed to before me this of So Answers: 18.00 11.52 ?, r' 00 10.00 R. Thomas Kline .00 39.52 04/05/2007 PHELAN HALLINAN S MIEG j - .... By: day eputy Sheriff A.D. v :• WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) BANK OF NEW YORK, AS TRUSTEE FOR CERTIFICATEHOLDERS OF CWABS 2004-05 vs. DENNIS R. DOPORCYK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1762-CIVIL TERM Term No. Att'y. _ Pl'ff (s) Prothy. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of 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: BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, 2004-05 Plaintiff (s) being: (Premises as follows): 317 STEELSTOWN ROAD NEWVILLE, PA 17241 (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. Prothon , Comm of berlmd County, Pennsylvania CUMBERLAND Term Costs $ $156.02 $ $ 2.00 Date Mai 9, 2007 By: (SEAL) Deputy a 0 R >y 'C3 CD CD a. a i -- ~ a H O cn -ti 1.? ORS ?- U) •d =r -t o a 0 z ?? c z yx z 1xi ?H 0 y En O < o ?n exi tA4 rxj ?o ? N? zz ?z En o? ?r t-n o? >> ?O Y z z 0 0 1 r 1 n H C H r ?3 tTl By virtue of this writ, on the day of , I caused the within named to have possession of the premises described with the appurtenances, and Writ of Possession returned Stayed per Atty 5/31/07 Sheriff's Return: Advance Costs: 150.00 Sheriff' s Costs:52.55 Docketing 18.00 97.45 Pf6thyvIi- Pi 2.00 5 2 11 Refunded to Atty on 5/31/07 a-g-e Surcharge . 20.00 Poundage J t- /17/0 7 So Answers, Sworn and subscribed to before me this day of henff n .a11~ . Rv - ' ? - ? { - n