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HomeMy WebLinkAbout07-5775Phelan, 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 Countrywide Home Loans 7105 Corporate Drive Plano, TX 75024 V. Elwood L. Weaver Or Occupants 227 Southside Drive Newville, PA 17241 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. 677 - 5 7 7,5' CIVIL ACTION - EJECTMENT euul **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 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 #: 163156 1. Plaintiff is Countrywide Home Loans. 2. Defendant is Elwood L. Weaver Or Occupants. 3. Plaintiff is equitable owner of premises located at 227 Southside Drive, 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 September 5, 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. F ancis S. Hallinan, Esquire Attorney for Plaintiff LEGAL DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 (also known as Farm Road), on the dividing line between Lot Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 206.84 feet to an iron pin; thence by lands now or formerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by the dividing line between Lot Nos. 1 and 2 on said Plan of Lots, North 7 degrees 30 minutes West 189.32 feet to a spike in the center of Township Road No. 349 aforesaid; thence by the center of said Road, North 57 degrees 50 minutes East 100 feet to the Place of BEGINNING CONTAINING .372 Acres, more or less. BEING Lot No. 2 of the Plan of Lots of Thomas E. Meals, as recorded in the Office of Recorder of Deeds for Cumberland County in Plan Book 23, page 112. BEING the same property which Thomas E. Meals, single man, by Deed dated March 12, 1973 and recorded March 15, 1973 in the Office of Recorder of Deeds in and for Cumberland County in Deed Book B-25 page 138, granted and conveyed unto Roger L. Markley, Grantor herein. TRACT NO.2 ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin, the Southeastern corner of land now or formerly of Roger L. Markley, and on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 58.65 feet to a point; thence by the same, South 85 degrees 25 minutes 51 seconds West 195.99 feet to an iron pin; thence by land of Dallas R. Wilson, North 68 degrees 26 minutes East of said other land now or formerly of Roger L. Markley, North 68 degrees 0 e26 t minutes East ? the Southwestern c 100 feet to the Place of BEGINNING. CONTAINING .132 Acres, more or less. BEING Lot No. 4 on the Subdivision Plan of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 39, page 68. BEING the same property which Thomas E. Meals, single man, by Deed dated and recorded February 24, 1981 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book H-29 page 886, granted and conveyed unto Roger L. Markley, single man. BEING KNOWN AS: 227 SOUTHSIDE DRIVE 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. /O 107107 Fr ncis S. Hallinan, Esquire Date Attorney for Plaintiff ? na r- ? ?? (D rl te `y tks Fn `- rr 4.:1 ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05775 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS WEAVER ELWOOD L 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 -- - b t unable to locate Him in his bailiwick. i- nfi it T -rT7+ L, 7=/ rrA/fVT%TT U was He therefore returns the the within named DEFENDANT WEAVER ELWOOD L 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 PER NEIGHBOR, GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing 18.00 Service 10.56 Not Found 5.00 Surcharge 10.00 /If bl/b'] .00 43.56 So answer R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/08/2007 Sworn and Subscribed to before me this day of A. D. NOT FOUND , as to .d Phelan, 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 Countrywide Home Loans 7105 Corporate Drive Plano, TX 75024 V. Elwood L. Weaver Or Occupants 227 Southside Drive Newville, PA 17241 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County . Term . No. a 7, S7 7,S' CIVIL ACTION - EJECTMENT &'aAl '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 finther 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 TRUE COPY FROM RECOW9-3166 3r ;: 4 k PHS #: 1631a6Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. r"' This ..., ........ day of....:....., am 7 ¢` i ............... .. .. .........??:..:S?fiC/.t;... Prothonota 1. Plaintiff is Countrywide Home Loans. 2. Defendant is Elwood L. Weaver Or Occupants. 3. Plaintiff is equitable owner of premises located at 227 Southside Drive, 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 September 5, 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. F ancis S. Hallinan, Esquire Attorney for Plaintiff A LEGAL DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 (also known as Farm Road), on the dividing line between Lot Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 206.84 feet to an iron pin; thence by lands now or formerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by the dividing line between Lot Nos. 1 and 2 on said Plan of Lots, North 7 degrees 30 minutes West 189.32 feet to a spike in the center of Township Road No. 349 aforesaid; thence by the center of said Road, North 57 degrees 50 minutes East 100 feet to the Place of BEGINNING CONTAINING .372 Acres, more or less. BEING Lot No. 2 of the Plan of Lots of Thomas E. Meals, as recorded in the Office of Recorder of Deeds for Cumberland County in Plan Book 23, page 112. BEING the same property which Thomas E. Meals, single man, by Deed dated March 12, 1973 and recorded March 15, 1973 in the Office of Recorder of Deeds in and for Cumberland County in Deed Book B-25 page 138, granted and conveyed unto Roger L. Markley, Grantor herein. TRACT NO.2 ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin, the Southeastern corner of land now or formerly of Roger L. Markley, and on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 58.65 feet to a point; thence by the same, South 85 degrees 25 minutes 51 seconds West 195.99 feet to an iron pin; thence by land of Dallas R. Wilson, North 68 degrees 26 minutes East 100 feet to an iron pin, the Southwestern corner of said other land now or formerly of Roger L. Markley, North 68 degrees 26 minutes East 100 feet to the Place of BEGINNING. CONTAINING .132 Acres, more or less. BEING Lot No. 4 on the Subdivision Plan of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 39, page 68. BEING the same property which Thomas E. Meals, single man, by Deed dated and recorded February 24, 1981 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 14-29 page 886, granted and conveyed unto Roger L. Markley, single man. BEING KNOWN AS: 227 SOUTHSIDE DRIVE 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. - IoAa o7 .I ? Date Fr ncis S. Hallinan, Esquire Attorney for Plaintiff uIrd -F-13P Y? Phelan, Hallinan & Schmieg BY: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center @ Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans VS. Elwood L. Weaver or occupants 227 Southside Drive Newville, PA 17241 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-5775 Civil Action in Ejectment MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Michele M. Bradford, Esquire moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by certified mail and regular mail, and in support thereof avers as follows: Plaintiff commenced this action by filing a Complaint in Ejectment. 2. Attempts to serve Defendant(s) with the Complaint have been unsuccessful. Plaintiff attempted to serve the Defendant(s) on October 8, 2007 , as indicated by the Affidavit of Service attached hereto as Exhibit A. 3. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results from there are attached hereto as Exhibit B. 4. Plaintiff submits that is has made a good faith effort to locate the Defendant(s), but has been unable to do so. 5. Plaintiff verified through property inspection on November 9, 2007 that the property was occupied by an unknown person. 6. In compliance of Cumberland County Local Rule 208.3(a)(2), No Judge has previously ruled in this case. 7. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Special Service to the defendant on December 3, 2007 , and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 2083.(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail and posting of the premises. DATE: December 10, 2007 Michele M. Bradford, Esquire Attorney for Plaintiff Phelan, Hallinan & Schmieg BY: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center @ Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans VS. Elwood L. Weaver or occupants 227 Southside Drive Newville, PA 17241 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-5775 Civil Action in Ejectment MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S M01ION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Pennsylvania Rule of Civil Procedure 430(a) specifically provides: If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Although Plaintiff has attempted to serve Defendant(s) with the Complaint, Plaintiff's attempts have been unsuccessful. A true and correct copy of the Affidavit of No Service is attached hereto, made part hereof, and marked Exhibit A. Accordingly, Plaintiff ordered an investigation into the whereabouts of Defendant(s). A true and correct copy of the Affidavit of Reasonable Investigation is attached hereto, make part hereof, and marked Exhibit B. The Affidavit reflects that Plaintiff's investigator has make at least three types of inquiries listed under Rule 403.1(B)(1). Copies of any written responses obtained are attached to the Affidavit. The Affidavit also specifies the inquiries made, responses made, and dates thereof, in accordance with Rule 430.1(B)(2). As Plaintiff's within motion and its affidavit are both in compliance with the applicable Pennsylvania and local rules, Plaintiff respectfully requests that its motion be granted. WHEREFORE, Plaintiff respectfully requests permission to serve the Complaint by certified mail and regular mail and posting of the premises. Respectfully submitted: DATE: December 3, 2007 'rte -'4--C? 7 Michele M. Bradford, Esquire Attorney for Plaintiff EXHIBIT "A" SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05775 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS WEAVER ELWOOD L 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 WEAVER ELWOOD L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOT FOUND , as to the within named DEFENDANT , WEAVER ELWOOD L 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 PER NEIGHBOR, GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge -- So answer 18 . 00 __...... „Jl 10.56 - ?? 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County 43.56 PHELAN HALLINAN SCHMIEG 10/08/2007 Sworn and Subscribed to before me this day of A. D. EXHIBIT "B" FRS REASONABLE INVESTIGATION AFFIDAVIT OF GOOD FAITH EFFORT INVESTIGATION LOAN NUMBER: 163156 ATTORNEY FIRM PHELAN, HALLINAN & SCHMIEG, LLP CASE NUMBER: 07-5775 Civil SUBJECT: Elwood L. Weaver or occupants LAST KNOWN ADDRESS: 227 Southside Drive, Newville, PA 17241 LAST KNOWN NUMBER: 717-486-7075 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER: xxx-xx-1243 B. EMPLOYMENT SEARCH- Unable to locate employment information C. INQUIREY OF CREDITORS: Unable to locate good employer for subject II. INQUIRY OF TELEPHONE COMPANY A. The directory assistance has Directory Assistance lists the property address with a phone number of 717-486-7075. III. INQUIRY OF NEIGHBORS 1. Contacted phone registered to Dennis Anderson 225 Southside Drive, Newville, PA (717)-486-3639, no information was provided. 2. Contacted phone registered to , no information was available. IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE: As of December 3, 2007, the National Change of Address (NCOA) has no change for subject from last known address. V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE AND DMV OFFICE No Motor Vehicle Registration is available for subject. VI. OTHER INQUIRIES A. DEATH RECORDS As of December 3, 2007, the Social Security Administration has no death record on file for subject. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC) None Found C. COUNTY VOTER REGISTRATION N/a D. PROPERTY INSPECTION The subject premises was inspected on November 9, 2007, and confirmed the subject premises remains occupied. VII. ADDITIONAL INFORMATION ON SUBJECT N/A * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subject resides at the current address. 1 certify that the foregoing statements made by me are true. 1 am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. ?"; V Affiant: Joseph M. Gardellis Foreclosure Review Services, Inc. &Suscribed and sworn before me on December 3, 2007 COMMONWENLTH OF PENNSYLVANIA Public Notary Public CHh` City City of s FecruUiy 17, 2010 My Commiss+o?, x? Seal The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" Phelan, Hallinan and Schmieg Suite 1400 One Penn Center @ Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FAX: (215) 563-4491 Joseph Gardellis Legal Assistant, Ext. 1218 December 3, 2007 Elwood L. Weaver or occupants 227 Southside Drive Newville, PA 17241 RE: Countrywide Home Loans v. Elwood L. Weaver or occupants No. 07-5775 Civil Dear Elwood L. Weaver or occupants, Representing Lenders in Pennsylvania & New Jersey Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, service of the complaint. Please respond to me within one week, by December 10, 2007. Should you have any questions, please feel free to contact me. Very truly yours, Michele M. Bradford, Esquire For Phelan, Hallinan & Schmieg, LLP VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: December 10, 2007 63-4a-c ?_ Michele M. Bradford, Esquire Attorney for Plaintiff Phelan, Hallinan & Schmieg BY: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center @ Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans VS. Elwood L. Weaver or occupants 227 Southside Drive Newville, PA 17241 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-5775 Civil Action in Ejectment CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Motion for Service Pursuant to Special Order was served by first class mail on the Defendant (s) on the date listed below: Elwood L. Weaver or occupants 227 Southside Drive Newville, PA 17241 DATE: December 10, 2007 Michele M. Bradford, Esquire Attorney for Plaintiff ' .. - c --4 r ? r- ?. 6 r n DEC 182 Countrywide Home Loans VS. Elwood L. Weaver or occupants 227 Southside Drive Newville, PA 17241 A? It is order this 14 day of Court of Common Pleas Civil Division Cumberland County No. 07-5775 Civil Action in Ejectment ORDER fJ«tO Jtf , 2007, that Plaintiff s Motion for Service of Complaint Pursuant to Special Order of Court is GRANTED, permitting service by: X First Class and Certified Mail to Elwood L. Weaver or occupants at the property which is subject to this Ejectment Action*. Service by first class and certified mail is effective upon the date of mailing. X Posting of the property which is subject to this Ejectment Action* * the property at 227 Southside Drive, Newville, PA 17241. BY THE COURT: J ?'"??,,? d`C'3? ?,?'? ? " ? L? PHELAN HALLINAN & SCHMIEG, LLP By: 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 Plaintiff Court of Common Pleas CUMBERLAND County Vs. No. 2007-5775-CIVIL ELWOOD L. WEAVER OR OCCUPANTS Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, 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. Date Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff PHS # 163156 -.p-r