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Home My WebLink About07-4242PHELAN HALLINAN & SCHMIEG, LLP. By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215)563-7000 Federal Home Loan Mortgage Corporation Foreclosure Unit Mail Stop 61 P.O. Box 5000 Vienna, VA 22183-5000 v. Clayton W. Anderson Or Occupants 687 State Street Lemoyne, PA 17043 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-~a~ra ciYil ~,~ **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 a lien 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 aze 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 PHS #: 158673 1. Plaintiff is Federal Home Loan Mortgage Corporation . 2. Defendant is Clayton W. Anderson Or Occupants. 3. Plaintiff is the equitable owner of premises located at 687 State Street, Lemoyne, PA 17043, a legal description of which is attached. 4. Plaintiff became equitable owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County on July 11, 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. WHEREFORE, plaintiff seeks to recover possession of said premises. ~'~. rancis S. Hallinan, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEING one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of North Riverton, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book'X', Volume 5, Page 601; having a frontage on State Street (also known as Gettysburg Road) of 22,5 feet and extending, at an even width, 125 feet, more or less, to a hventy foot alley in the rear; being improved with one-half of a double frame dwelling house known and numbered as 687 State Street, Lemoyne, Pennsylvania. BEING the same premises which 1-Iarold S. Irwin and Paul E. Clouser, Administrators of the Estate of Oren S. Baker, by deed dated 11 July 1960 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Y, Volume 19, Page 85, granted and conveyed unto J. Leonard Campbell and Rhoda Campbell, his wife. PROPERTY BEING: 687 STATE STREET 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 Plaintiffor 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. rancis S. Hallinan, Esquire Attorney for Plaintiff Date~y 1 R, ~~7 ^~~ ' ' -6Q- - c- ~-.~, ---+ <::~ ~ ~ ~ ~ ~~~_ ~ .p W ~ ~ j ` C ~ iJ ;~' ,, + ~ - ::, - ;.. ~. _~ ~ Cr: -C SHERIFF'S RETURN - REGULAR CASE NO: 2007-04242 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL HOME LOAN MORTGAGE COR VS ANDERSON CLAYTON W MEGAN HARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT ANDERSON CLAYTON W was served upon the DEFENDANT at 2052:00 HOURS, on the 20th day of July 2007 at 687 STATE STREET LEMOYNE, PA 17043 by handing to CLAYTON ANDERSON 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 15.36 Affidavit .00 Surcharge 10.00 .00 p~~.a~e1 ~. 4 3.3 6 Sworn and Subscibed to before me this day So Answers: ~~~rsi'~ ~.E~~ .~ R. Thomas Kline 07/23/2007 PHELAN HALLINAN SCHMIEG By: of _ A.D. ~, U Deputy eriff J w PHELAN HALLINAN & SCHMIEG ATTORNEY FOR PLAINTIFF By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 Federal Home Loan Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs No. 07-4242 Clayton W. Anderson or occupants Cumberland County 687 State Street Lemoyne, PA 17043 PRAF.[aPF. FnR JilnGMF.NT iN F iF.CTMF.NT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Federal Home Loan Mortgage Corporation and against the Defendant(s) Clayton W. Anderson and or occupants for possession of premises 687 State Street, Lemoyne, PA 17043 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. ~~'1,eZ'l~.C'i~J~~ F ncis S. Hallman, Esgaire Attorney for Plaintiff Default Judgment entered as indicated above. DATE PHELAN HALLINAN & SCHMIEG Francis S. Hallinan, Esquire ID# 62695 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-7000 Federal Home Loan Mortgage Corporation vs Clayton W. Anderson Or Occupants TO: Clayton W. Anderson or occupants 687 State Street Lemoyne, PA 17043 DATE OF NOTICE: Ao~t 29~ 21NY1 ATTORNEY FOR PLAINTIFF .',. COURT OF COMMON PLEAS CML DMSION No. 07-4242 Cumberland County "'[leis 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 enforcernent of a lien against property." IMP[?RTAIIIT NnTiC'F. You are in defauh 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 (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 slrould 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 fmd out where you can get legal help: CUMBERLAND COUNTY COURTHOUSE COURT ADMIIVISTRATOR 4TH FLOOR CARLISLE, PA 17013 (717) Z40-6200 .•ti~~YYi.L~'~ v~L.~ rancis S. Hallinan, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG ATTORNEY FOR PLAINTIFF By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Federal Home Loan Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs No. 07-4242 Clayton W. Anderson or occupants Cumberland County 687 State Street Lemoyne, PA 17043 VF.RiFiC'ATi(]~N nF NnN_Mii.iTARY SF.RViC'F. 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 Clayton W. Anderson Or occupants, is over 18 years of age, and resides at 687 State Street, Lemoyne, PA 17043 . This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. anI~' cis S. Hallinan, Esquire Attorney for Plaintiff ,P !~ ~' ,,..yr ~ R -fit ~ i'ti'It ~ ~J 'O ~~ W ~, .~+~+r V ~ ~' ~ ~k p- t ~ ~~ p ~ ~ ~, .-- ~ PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Federal Home Loan Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION vs No. 07-4242 Clayton W. Anderson or occupants Cumberland County 687 State Street Lemoyne, PA 17043 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 687 State Street, Lemoyne, PA 17043 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 687 State Street Fr cis S. Hallinan, Esquire ATTORNEY FOR PLAINTIFF * ~ r„ ~ q~ ;~ oo w .~ rr~ y.,~ .~ ,~~ w ~ _~~ Cdr ~' ~c ~ ~ ~ ~ -c LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BT:1NG one-half of Lot No. 21 in the Plan of Lots known as Plan No. 2 of North Riverton, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book `X', Volume 5, Page 601; having a frontage on State Street (also known as Gettysburg Road) of 22.5 feet and extending, at an even width, 125 fcet, more or less, to a twenty foot alley in the rear; being improved with one-half of a double frame dwelling house known and numbered as 687 State Strcet, Lemoyne, Pennsylvania. BEING the same premises which 1-Iarold S. Irwin and Paul E. Clouser, Administrators of the Estate of Oren S. Baker, by deed dated 11 July 1960 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Y, Volume 19, Page 85, granted and conveyed unto J. Leonard Campbell and Rhoda Campbell, his wife. PROPERTY BEING: 687 STATE STREET rata i~ ~`~ '' " WRIT OF POSSESSION (Ejectment Proceedings PROP 3160 - 3165 etc.} FEDERAL HOME LOAN MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CLAYTON W. ANDERSON COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBE~tLAND: To the Sheriff of CUMBERLAND No. 07-4242 _ _ Term No. Term Costs Atty. $ 194 , Slo PI'ff (s) $ Prothy. $ a.bD 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: FEDERAL HOME LOAN MORTGAGE CORPORAT~N Plaintiff (s) being: (Premises as follows): „ 687 STATE STREET, LEMOYNE, PA 17043 (2) To satisfy the casts 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. ate _ Ic~l o~ (SEAL ,Common Pleas of tknnberland County. Pennsylvania By: Deputy a a c G ~ ~ ~ p ro H o a ~ o a - ~ 3 ~ Rv ~ ~ ~ H 9 H a ~ p'' 7i a ~ ~ n o 0 ~ Z `< ~ ~ o n y ~1 bq n ~ '" ~ °v ~~~ A y ~ ~ any F~.+~ ~`° O ~~ ~c ~ ~ ~ ~~ W '~,.' ~„ . ~• W ~,] Cif tr1 -~' C~J1 "~ y ~ ~ x ~ . i a. C ° ~ ~ rys ~, f~ Z i'1 C o ~ ~ ~ '"0 ~° ~° -C a ~ A ~' . ~. _ x p ~ ~ z 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 So Answers, Sworn and subscribed to before mt~this day of By Sheriff Sheriff's Return: Docket,i~g- ~, ch ~~r.g e : ~'"' doge _r. ~r ~- ~~_ M i 1:~ ~~~w_ ~ :~_ ~.:~, U~ ~.a r_, a r rn ~ ~ ~ V ~ ~~ `d ~ H b ~ ^~i '~ H ~ r ~ ~ o ~ `< ~ H cr w CD C a a 0 -, 0 -~ b A~ °z~ r~ [sJ H ~~ Z ~ H zl H ~~ ~ A .L~ O I~~IM~ Advance Costs: 150 Sher. Costs S 7. 9 2.5 ~ _ d d e At .; 9/2/0 7 fun e R to ty on o 0 (~ ~, zr ~ ~ y O H C~7 ~ ~ t~ ~ ~z r` p -~' b ~+ .~L ~ ~ lV (~ y O ~ 9 z ~ C n y b ~ ~ ~ O ~ ° ~ ~ ~ z ~ w O z o v ~ v~ ~ b t~ ~ y o ~ z z o ~ ~ ~ ~ ~ r ~ ~ ~ z o a ~ ~ z 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 by Atty Hallinan 9/26/07. Sworn and subscribed to before me this day of Prothonotary 18.00 20.00 1.13 -2.00 16.32 5 7.4 5 / ~ b/t s~b ~ ~,, v~ ~d ~v y ~ o Y ~ ,-. ~ `.< n 0 to So A '~~ ~;~ ,~ riff By ,( c~z v 9 WRIT OF POSSESSION (Ejectment Proceedings PROP 3160 - 3165 etc.) FEDERAL HOME LOAN MORTGAGE CORPORATION' vs. CLAYTON W. ANDERSON COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4242 Term No. Term Costs Atty. $ ~5Q • 8(0 Pl'ff (s) $ Prothy. $ a . o0 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: FEDERAL HOME LOAN MORTGAGE CORPORATION being: (Premises as follows): 687 STATE STREET, LEMOYNE, PA 17043 Plaintiff (s) .~i.~~. ~~-~~ r~t~~ t~t+ ,~ Tt~ny yrher'e~, I here use sal c and th9 >9~'t~t SilEl Court ~t , Pa. r * y of ~7 (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 ~7 (SEALI ~~15~~~6~ ~ 1G , d:.Uxw 1'rbthonotary, Common Pleas Co of Cumberland County, Pennsylvania By: ~PTII}V r' Defendant(s) Attorney for Plaintiff Court of Common Pleas Cumberland County No. 07-4242 PRAECIPE TO WITHDRAW COMPLAINT SATISFY JUDGMENT AND DISCONTINUE AND END ACTION, WITHOUT PREJUDICE 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 Federal Home Loan Mortgage Corporation vs. Plaintiff Clayton W. Anderson or occupants TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, satisfy the judgment entered on this case discontinued and ended, upon payment of your costs only. ~~/~ ~O~ Date ~t.o'~ ~~ Fr ncis S. Hallinan Attorney for Plaintiff PHS# 158673 r~ ~ ~ - ~ r ~ ~~ ~a t.~. __ s-~i ~-- G~~ 1.• ~ "u.l ~~ 4 (4p .... ~ .~.y ~~/ Y L~ ~ = -„~~ ~~