The URL can be used to link to this page

Home My WebLink About07-3947Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GMAC Mortgage, LLC 500 Enterprise Road, Suite 150 Horsham, PA 19044 Attorney for Plaintiff Court of Common Pleas Civil Division V. Michael J. Powley Or Occupants 764 Wertzville Road Enola, PA 17025 Cumberland County Term No. 40 of -3,?q7 CIVIL ACTION - EJECTMENT (21' (-) 1, C 7" **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 #: 157205 1. Plaintiff is GMAC Mortgage, LLC. 2. Defendant is Michael J. Powley Or Occupants. 3. Plaintiff is equitable owner of premises located at 764 Wertzville Road, Enola, PA 17025, 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 June 13, 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. Fr ncis S. Hallinan, Esquire Attorney for Plaintiff ADO ALL THAT CERTAIN TRACT OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP EAST NSMORE PAR PENNSYLVANIA, CULARLYY BOUNDED AND DESCRIBED, AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE STATE HIGHWAY KNOWN AS THE WERTZVILLE ROAD, SAID POINT BEING 971 FEET MEASURED EASTWARDLY FROM THE INTERSECTION OF MAGARO ROAD AND WERTZVILLE ROAD ALONG THE CENTER OF THE STATE HIGHWAY; THENCE NORTH 86 DEGREES 53 MINUTES EAST ALONG THE CENTER OF SAID STATE HIGHWAY, A DISTANCE OF 100 FEET TO A POINT; THENCE ALONG LANDEAST, FORMERLY OF MAYNARD L. SHEAFFER, SOUTH 3 DEGREES 10 NUNUTES A DISTANCE OF 285.59 FEET TO A POINT THENCE SOUTH J72 OHN C. TAS 49 MINUTES WEST, A DISTANCE OF 103 AND THELMA G. TAYLOR, HIS WIFE; THENCE ALONG SAID TAYLOR LAND, POINT NORTH 3 DEGREES 10 MINUTES WEST, A DIST ANNE OF 310.58 PLACE OF BEGINNING. IN THE CENTER OF SAID STATE HIGHWAY, HAVING THEREON ERECTED A ONE STORY BRICK IIW ULtING HOUSE KNOWN AS NO. 764 WERTZVILLE ROAD, ENOLA, PENNSYLVANIA, BEING THE SAME AS SURVEYED BY D. P. RAFFENSPERGER, REGISTERED SURVEYOR, ON APRIL 4, 1962. , UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, LIMITATIONS, RIGHT-OF-WAYS, OBJECTIONS, EASEMENTS, AGREEMENTS, ETC. AS THEY APPEAR OF RECORD. BEING KNOWN AS: 764 WERTZVILLE ROAD, (EAST PENNSBORO TOWNSHIP) ENOLA, PA 17025 PROPERTY ID NO.: 09-14-0832-074 TITLE TO SAID PREMISES IS VESTED IN MICHAEL J. POWLEY, SINGLE MAN BY DEED FROM MICHAEL J. A HUSBAND AND WIFE DATED 01/26 06YREECORDED 1/30/06PIN DEED BOO E272 PAGE 4805. ANO VERIFICATION Francis S. Hallinan, 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 unworn falsification to authorities. Date: ? / 102 F ncis S. Hallinan, Esquire Attorney for Plaintiff ?V e1 ? W ?J 1 N O 7 .- i ce r1l ? I Cn cc,:)) SHERIFF'S RETURN - REGULAR CASE NO: 2007-03947 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE LLC VS POWLEY MICHAEL J MEGAN MARLOW , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon POWLEY MICHAEL J the DEFENDANT at 1712:00 HOURS, on the 11th day of July , 2007 at 764 WERTZVILLE ROAD ENOLA, PA 17025 by handing to MICHAEL POWLEY 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 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 Y?f01e1 .00 42.40 L'" Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 07/12/2007 PHELAN HALLINAN SCHMIEG 11 day j?-)Deputy Sheriff , A.D. 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 GMAC Mortgage, LLC VS. Michael J. Powley Or Occupants 764 Wertzville Road Enola, PA 17025 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 07-3947- Civil Term Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, GMAC Mortgage, LLC and against the Defendant(s) Michael J. Powley and Or Occupants for possession of premises, 764 Wertzville Road, Enola, PA 17025 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. Default Judgment entered as indicated above. Fra cis S. Hallinan, Esqu' e A rney for Plaintiff DATE 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 GMAC Mortgage, LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY Michael J. Powley or Occupants Defendants : NO. 07-3947-Civil Term TO: Michael J. Powley or Occupants 764 Wertzville Road Enola, PA 17025 FILE DATE OF NOTICE: August 1, 2007 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 NCIS S. LLINAN, ESQUIRE Attorneys for Plaintiff 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 GMAC Mortgage, LLC COURT OF COMMON PLEAS CIVIL DIVISION vs. No. 07-3947- Civil Term Cumberland County Michael J. Powley Or Occupants 764 Wertzville Road Enola, PA 17025 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 Michael J. Powley Or occupants, is over 18 years of age, and resides at 764 Wertzville Road, Enola, PA 17025. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unswom falsification to authorities. ra is S. Hallinan, Esqui A rney for Plaintiff r.a Q q C ._ c1 -?, OC> WD s cn K wr A 'f .M. PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland GMAC Mortgage, LLC COURT OF COMMON PLEAS CIVIL DIVISION VS. No. 07-3947- Civil Term Cumberland County Michael J. Powley Or Occupants 764 Wertzville Road Enola, PA 17025 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of. 764 Wertzville Road, Enola, PA 17025 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION"* Being Known as No. 764 Wertzville Road ranc' S. Hallinan, Esquir Atto ey for Plaintiff tom,' ? ? r t?'? ,{.,may V p ?r t7 Tr{ a :. CD n S? .0 ,o 0 Q V Awk J ALL THAT CERTAIN TRACT OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED, AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF THE STATE HIGHWAY KNOWN AS THE WERTZVILLE ROAD, SAID POINT BEING 971 FEET MEASURED EASTWARDLY FROM THE INTERSECTION OF MAGARO ROAD AND WERTZVILLE ROAD ALONG THE CENTER OF THE STATE HIGHWAY; THENCE NORTH 86 DEGREES 53 MINUTES EAST ALONG THE CENTER OF SAID STATE HIGHWAY, A DISTANCE OF 100 FEET TO A POINT; THENCE ALONG LANDS FORMERLY OF MAYNARD L. SHEAFFER, SOUTH 3 DEGREES 10 MINUTES EAST, A DISTANCE OF 285.59 FEET TO A POINT; THENCE SOUTH 72 DEGREES 49 MINUTES WEST, A DISTANCE OF 103.07 FEET TO LAND OF JOHN C. TAYLOR AND THELMA G. TAYLOR, HIS WIFE; THENCE ALONG SAID TAYLOR LAND, NORTH 3 DEGREES 10 MINUTES WEST, A DISTANCE OF 31058 FEET TO A POINT IN THE CENTER OF SAID STATE HIGHWAY, THE PLACE OF BEGIlVNING. HAVING THEREON ERECTED A ONE STORY BRICK DW]ELtING HOUSE KNOWN AS NO. 764 WERTZVILLE ROAD, ENOLA, PENNSYIATANIA., BEING THE SAME AS SURVEYED BY D. P. RAFFENSPERGER, REGISTERED SURVEYOR, ON APRIL 4, 1962. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, LIMITATIONS, RIGHT-OF-WAYS; OBJECTIONS, EASEMENTS, AGREEMENTS, ETC. AS THEY APPEAR OF RECORD. BEING KNOWN AS: ENOLA, PA 17025 PROPERTY ID NO.: 764 WERTZVILLE ROAD, (EAST PENNSBORO TOWNSHIP) 09-14-0832-074 TITLE TO SAID PREMISES IS VESTED IN MICHAEL J. POWLEY, SINGLE MAN BY DEED FROM MICHAEL J. POWLEY AND CYNTHIA K. POWLEY, FORMERLY HUSBAND AND WIFE DATED 01/26/06 RECORDED 01/30/06 IN DEED BOOK 272 PAGE 4805. WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) GMAC MORTGAGE, LLC. vs. MIOCHAEL J. POWLEY OR OCCUPANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3947- CIVIL TERM Term No. Term Att' y. Pl' ff (s) Prothy. County, Pennsylvania Costs $ 15 0 $ ?•oe (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: GMAC MORTGAGE, LLC Plaintiff (s) being: (Premises as follows): 764 wERMILLE -ROAD ENOLA, PA 17025 (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 9115107 (SEAL) notary, Common Pleas Court Cumberland County, Pennsylvania By: ' Deputy z rn ?- 0 y • r• 0 < -, Q r o ? Cr. o C CL v? 'b Y o n 0 r6e -be -E;09 o O n y o ?d o? n? H n r ro 0 n 0 ro 0 0 z ? I 1-3 M zo tV H` r E- O O H r y O `? rC ? zc C Y >Cn ?O to By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this day of Prnthnnntarv So Answers, Sheriff By Deputy Sheriff's Return: Docketing 18.00 Surcharge 20.00 2.31 Pound _ 2.00 C Prothy lilage 45.12 (; ' ossession 30.00 117.43 CL a. c v, CD CU ac v ti O C=J a W ?0 -0 y N O '?, •'. b? 7d ? n 3 ?v O I .. ? b ? o H O ?z 0 y bA -.s o 0 0 Advance Costs: 150.00 Sheriff's Costs: 117.43 Refunded to Atty1y0/19/07 H M ro r? (7 ro vs ? cz `z? r d H goo C n. zo zz ?ro <> zo z z O O I QQ r ? y By virtue of this writ, on the 18th day of October 2007 . I caused the within named GMAC Mortgage LLC , to have possession of the premises described wghM)p xrAMF X 764 Wert zvil le Ra_ Fnola. PA 17025 Sworn and subscribed to before me this day of Prothonotary So Answers, ?eriff •` j" . By Deputy ."'' `mac 4 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) GMAC MORTGAGE, LLC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No._ 07-3947- CIVIL TERM Term No. vs. MIOCHAEL J. POWLEY OR OCCUPANTS Att'y. _ Pl'ff (s) Prothy. Term Costs COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania $ .2•06 (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: GMAC MORTGAGE, LLC being: (Premises as follows): 764 WERTZVILLE'k AD ENOLA, PA 17025 S 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. Date 8/1 07 (SEAL) iYo6notary , Common Pleas Coutt Cumberland County, Pennsylvania By: Deputy 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 GMAC MORTGAGE, LLC VS. Plaintiff MICHAEL J. POWLEY OR OCCUPANTS Defendant(s) Attorney for Plaintiff Court of Common Pleas CUMBERLAND County No. 07-3947-CIVIL TERM 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 'A1,. F ancis S. Hallinan Attorney for Plaintiff PHS # 157205 ?; +.?s '?' ---: _ ? ? > ?? ?? ?. °:k N `s=ue .,,.s