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Home My WebLink About07-4868 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 6 -~ r l ~ ~ L I v: ' `~-t~µ CIVIL ACTION EJECTMENT 21000 NOTICE MATTLEMAN, WEINROTH & MILLER, P.C. BY: JOHN C. MILLER, III, ESQUIRE ATTORNEY I.D. NO. 46450 401 Route 70 East, Suite 100 CHERRY HILL, NEW JERSEY 08034 (856) 429-5507 Novastar Mortgage, Inc. 8140 Ward Parkway Kansas City, Mo 64114 Vs. Plaintiff, Harold E. Lytle 252-254 North Enola Drive Enola, Pa 17025 Robin G. Sheetz-lytle 252-254 North Enola Drive Enola, Pa 17025 Tenant(s)/Occupant(s) 252-254 North Enola Drive Enola, Pa 17025 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 BYATTORNEYAND 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 ANY 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. Lawyer Referral Service Allegheny County Bar Association 414 Grant Street 9th Floor, Room 920 Pittsburgh, PA 15219 (412) 261-5555 NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. SI LISTED QUIEREDEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, LISTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LADEMANDA Y LA NOTIFICACION. LISTED DEBE PRESENTAR UNA APARIENCIAESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE ENFORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI LISTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA LISTED SINPREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USl"ED PUEDE PERDER DINERO OSUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA PUEDECONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Allegheny County Bar Association 414 Grant Street 9th Floor, Room 920 Pittsburgh, PA 15219 (412) 261-5555 MATTLEMAN, WEINROTH & MILLER, P.C. BY:JOHN C. MILLER, III, ESQUIRE ATTORNEY I.D. NO. 46450 401 Route 70 East, Suite 100 CHERRY HILL, NEW JERSEY 08034 (856) 429-5507 Novastar Mortgage, Inc. 8140 Ward Parkway Kansas City, Mo 64114 Vs. Plaintiff, Harold E. Lytle 252-254 North Enola Drive Enola, Pa 17025 Robin G. Sheetz-lytle 252-254 North Enola Drive Enola, Pa 17025 Tenant(s)/Occupant(s) 252-254 North Enola Drive Enola, Pa 17025 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. O ~' YPG ~ ~~ ~T"' CIVIL ACTION EJECTMENT 1. The Plaintiff, Novastar Mortgage, INC., has its principal office located at 8140 WARD PARKWAY, KANSAS CITY, MO 64114,- and is properly conducting business in the Commonwealth of Pennsylvania. 2. The Defendant(s) are Harold E. Lytle, Robin G. Sheetz-Lytle, and Tenant(s)/Occupant(s) and they reside at 252-254 NORTH ENOLA DRIVE, ENOLA, PA 17025, which is, hereinafter, referred to as "the Premises". 3. The ejectment is to take place at the Premises. A true and correct copy of the legal description describing the location of the Premises is attached hereto and incorporated herein by reference, and marked as Exhibit "A". 4. The Premises was sold at Sheriff's sale by the Sheriff of Cumberland County, Pennsylvania, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment In Mortgage Foreclosure entered in the Court of Common Pleas of Cumberland County, Pennsylvania, at the suit of: Novastar Mortgage, INC. vs. Harold E. Lytle, Robin G. Sheetz-Lytle, who were also the previous owners of the property by virtue of a Deed which is in the process of being recorded at the Cumberland County Recorder of Deeds in Cumberland, Pennsylvania. The sheriffs sale was held on: June 13, 2007. The case number of said Judgment is: 06-7301 Civil Term 5. The Premises was purchased by the Plaintiff at the Sheriffs sale. 6. The Plaintiff acquired valid title to the Premises on the date of and by virtue bf said Sheriff's sale, and is still the real owner of said Premises and is entitled to immediate possession of the Premises. The Deed in favor of Novastar Mortgage, INC, has not been recorded as settlement has not yet been made with the Sheriff and/or the Sheriff has not yet returned the Deed to Plaintiff for recording. 7. The persons in possession of the Premises are believed to be the Defendant(s) in this action who are occupying the Premises without right and without claim to title. WHEREFORE, the Plaintiff demands judgment for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. MATTLE~lII ILLER deHid"~: MILLER, III, ESQUIRE Attorney for Plaintiff Affidavit Exhibit "A'' ~,~ os 12:56p ~~ e: , ~n~rraos .lody Cam. yad o:dar Numbdx: 000028613 Rf~: Robin 4, shaatz-Lytle 717-957-4.. ~;* ~IJI .. ~. . .Wife- , 252 NORTH ENOLA DltIYH ENOLA, P11 17025 CUMgEflLAND County LXQIBIT 'A' ALL TEAT CERTAIN PIECE, parcel or plot of 9gound With the buildings and improvements tnezeon erected, situntod in the Fact Pennsboro Township, County of Cumberland and Comman++eaith of Pennsylvania, ac fellows, to wit: Bt.GiNN7NG at a point is the Easterly line of Aicoona Avenue at the digtanCm of seventy-nine Peek and one hundred and six one-thousandths of a foot measured 5outhetiy along said lien of avenue from the Southwesterly extremity of the art of Curve connecting the SOUtherJ~y line of Coluobia Road vXth Chv Easterly line of Altoona Avenue and extending thence Rorth seventy-nine degrees forty minutes East one bundred and fifty feed thcnta South ten degrees twenty minutes East fifty Poet: thence south seventy-nine degrees forty minutes Weat onu hundred and !~lty feat to the Easterly 11na o! Alteana Avanve aforesaid, and theripe slang khe Westerly lino of North ten degrees twenty minuCC3 i4est fifty feet to the PLACE QF BGCINNING. p. 39 rime: a:56:zo aM x(193'3+~~3368 Nape: 8 vt 6 Qrdet rttanne< OOODZaa1J . ..~ _...r.-. _~... _...._..r VERIFICATION The undersigned, JOHN C. MILLER, III, ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff and that he is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint in Ejectment are true and correct to the best of his knowledge,. information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATIOI DATE: (` ; N ~`.. c_-~ k 4 ~ s ~ r , .~ r_~ ~T ~ ~ C .J ~ , _.; T ' ~ v .. = ~ > j , ~ ~ ~ :~ ~ ~ w ~ -< v 1 ~ ~ " -r ~ n ~ fi SHERIFF'S RETURN - REGULAR CASE NO: 2007-04868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOVASTAR MORTGAGE INC VS LYTLE HAROLD E ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT TENANT/OCCUPANT was served upon the DEFENDANT at 1823:00 HOURS, on the 28th day of August 2007 at 252 NORTH ENOLA DRIVE ENOLA, PA 17025 by handing to HOLLY GRAY ~ (TENANT) a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 Q~bG~0 ~ ~, ~- Sworn and Subscibed to before me this day of A .,D.~ l So Answers: .a~~ (' R. Thomas Kline 08/29/2007 MATTLEMAN WEINROTH & MI By: t SHERIFF'S RETURN - NOT FOUND ' CASE N0: 2007-04868 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOVASTAR MORTGAGE INC VS LYTLE HAROLD E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LYTLE HAROLD E unable to locate Him in his bailiwick COMPLAINT - EJECTMENT , but was He therefore returns the NOT FOUND as to the within named DEFENDANT LYTLE HAROLD E 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 UNKNOWN ADDRESS IN NORTH OR SOUTH CAROLINA Sheriff ' s Costs : So answe _.,~~.--- ,!'~,_ Docketing 18.00 ~ .--'',-.~~•= ~,.__.d_.._ Service 14 .4 0 .----~-" Not Found 5.00 R. oma "irie Surcharge 10.00 Sheriff of Cumberland County . o o n g~bL~° 7 00/00/0000 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04868 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOVASTAR MORTGAGE INC VS LYTLE HAROLD E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHEETZ-LYTLE ROBIN G but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOT FOUND as to the within named DEFENDANT SHEETZ-LYTLE ROBIN G 252-254 NORTH ENOLA DRIVE ENOLA, PA 17025 UNKNOWN ADDRESS IN NORTH OR SOUTH CAROLINA ___ ~ :.~ Sheriff ' s Costs : So answe _-_.~ _ ,- ~`~~--~~ ~._ r .- ,.~_ Docketing 6.00 ..~.~-~ _ ~~"~~r~ Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 n 21.0 0 / 9~0 4 ~b 7 `~"^- 00/00/0000 Sworn and Subscribed to before me this day of , A.D.