Loading...
HomeMy WebLinkAbout03-2391FEDERMAN AND PHELAN, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Countrywide Home Loans, Inc. 7105 Corporate Drive Plano, TX 75024-3632 ' Court of Common Pleas · Civil Division Vo · Cumberland County Brad Hierstetter Or Occupants 1428 Timber Chase Drive Mechanicsburg, PA 17055 : Term CTV~. _L ACTTON - ~-_TECq~ME~Tq~ -- 3n?n NOTICE Please be advised that this firm is a debt collector attempting to collect a debt. Any information received 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 lien against property. 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 Country/vide Home Loans, Inc. 2. Defendant is Brad Hierstetter and Or Occupants. 3. Plaintiff is the owner of premises located at 1428 Timber Chase Drive, Mechanicsburg, PA 17055, a legal description of which is attached. 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 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. By: FED~ AND PHELAN, LLP /H ~ranci~ ~_ Ha lnan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL that certain Unit, being Unit No. 1'428 (the "Unit"), of Timber Chase, A Townhome Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans-recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 508, Page 602 and Right of Way Plan Book i!, Page 13; as amended in Miscellaneous Books 513, Page 360; ~24, Page 978; 528, Page 938; 533, Page 87;.5A~,~Page 235; and 544, Page 1020; and in Right-of Way Plan Book 1!, Pages 15, 23, 31, ~3, 54 and 66 respectively. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration cf Condominium, as last amended. TOGETHER wizh the right to use ~he Limited Common Elemeats applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration, and mat=ers which a physical inspection and survey.of the Unit and Common Elements would disclose. BEING port of the same premises which Harris Savings Bank by deed dated May 1, 1995 and recorded in the Office of the Cumberland County Recorder of Deeds in Deed Book 121, Page 615, granted and conveyed un~c Ca~ito! view Associates, a Pennsylvania general partnership, Grantor herein. PRn~fISES BEING: 1428 TIMBER Cq~ASE DRIVE 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: Francis S. Hallinan, Esquire Attorney for Plaintiff ir! FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. BRAD HIERSTETTER OR OCCUPANTS Defendant(s) Court of Common Pleas CUMBERLAND County No. 03-2391-CIVIL PRAECIPE TO WITHDRAW COMPLAINTt WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff SHERIFF'S RETURN CASE NO: 2003-02391 P COMMONTWEALTH OF PENNSYLVANIA COI/NTY OF CUMBERLAND - NOT FOUND COUNTRYWIDE HOME LOANS INC VS HIERSTETTER BRAD R. Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDANT HIERSTETTER BRAD unable to locate Him COMPLAINT - EJECTMENT ,Sheriff or Deputy Sheriff, who being he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 1428 TIMBER CHASE DRIVE MECHANICSBURG, PA 17055 , HIERSTETTER BRAD NOT FOUND , as to PER NEIGHBOR, NO ONE HAS LIVED AT 1423 TIMBER CHASE DRIVE FOR OVER A YEAR. DANGER SIGN ON WINDOW. Sheriff's Costs: Docketing 18.00 Service 6.90 Not Found 5.00 Surcharge 10.00 .00 39.90 So ans~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 05/22/2003 Sworn and subscribed to before me this /~ day o f ~_- ~3 A.D. Pro~fonot ary ~