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Home My WebLink About07-6229? • N 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, Inc. 7105 Corporate Drive Plano, TX 75024 V. Philip A. Lowe Or Occupants 2103 Logan Street Camp Hill, PA 17011 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. M - (oaa9 CIVIL ACTION - EJECTMENT bvi t Terrh **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 #: 163523 • ,. 1. Plaintiff is Countrywide Home Loans, Inc.. 2. Defendant is Philip A. Lowe Or Occupants. 3. Plaintiff is equitable owner of premises located at 2103 Logan Street, Camp Hill, PA 17011, 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 October 3, 2007. 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 cis S. Hallinan, Esquire Attorney for Plaintiff EXHIBIT "A" ALL THAT CERTAIN PIECE AND PARCEL OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWENTY- FIRST STREET AT THE INTERSECTION OF SAID STREET WITH THE SOUTHERLY LINE OF LOGAN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY- FIVE (145) FEET, MORE OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASURED IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY LINE OF CAMP HILL CEMETERY ASSOCIATION; THENCE IN A WESTERLY DIRECTION ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF CAMP HILL CEMETERY ASSOCIATION, SEVENTY-ONE (71) FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION PARALLEL WITH THE WESTERN LINE OF NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY-FIVE (145) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LOGAN STREET; THENCE ALONG LOGAN STREET IN AN EASTERLY DIRECTION SEVENTY-ONE (71) FEET TO A POINT, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), SEVENTY-EIGHT (78), SEVENTY-NINE (79), EIGHTY (80), AND EIGHTY-ONE (81), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAMILTON PLACE, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 46. BEING THE SAME PREMISES WHICH GRAYMOR, INC. A CORPORATION OF THE COMMONWEALTH OF PENNSYLVANIA, BY THE DEED DATED MARCH 9, 1956 AND RECORDED MARCH 15, 1956 BY THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK A, VOLUME 17, PAGE 283, GRANTED AND CONVEYED AND WILLIAM M. KNAPIK AND GLORIA C. KNAPIK. GLORIA C. KNAPIK WAS DECEASED OCTOBER 2, 1984, AS EVIDENCE BY HER DEATH CERTIFICATE NO. 4511430, THUS VESTING SOLE INTEREST TO WILLIAM M. KNAPIK, GRANTOR HEREIN. 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. Date Fr ncis S. Hallinan, Esquire Attorney for Plaintiff 01 .?4 ' <J 4 T ; CLA r,. , -0 Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 15) 563-7000 Countrywide Home Loans, Inc. vs. Philip A. Lowe Or occupants 2103 Logan Street Camp Hill, PA 17011 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 07-6229-Civil Term Cumberland County PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Countrywide Home Loans, Inc. and against the Defendant(s) Philip A. Lowe and Or occupants for possession of premises, 2103 Logan Street, Camp Hill, PA 17011 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, quire M orney for Plaintif DATE PHELAN 1 ALLINAN & 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 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. PHILIP A. LOWE OR OCCUPANTS Defendants : CUMBERLAND COUNTY NO. 07-6229-CIVIL TERM TO: PHILIP A. LOWE OR OCCUPANTS 2103 LOGAN STREET CAMP HILL, PA 17011 DATE OF NOTICE: NOVEMBER 20.2007 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 r o r o% In lim"L Uupy 7 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 1 4-1 Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 Attorney for Plaintiff 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Countrywide Home Loans, Inc. VS. COURT OF COMMON PLEAS CIVIL DIVISION No. 07-6229-Civil Term Cumberland County Philip A. Lowe Or occupants 2103 Logan Street Camp Hill, PA 17011 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 Philip A. Lowe Or occupants, is over 18 years of age, and resides at 2103 Logan Street, Camp Hill, PA 17011. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unworn falsification to authorities. 00 #Attrney S. Hallinan, Esqui e for Plaintiff C1 7 00 J ?c t - PRAECIPE FOR WRIT OF. POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland Countrywide Home Loans, Inc. COURT OF COMMON PLEAS CIVIL DIVISION vs. No. 07-6229-Civil Term Cumberland County Philip A. Lowe Or occupants 2103 Logan Street Camp Hill, PA 17011 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 2103 Logan Street, Camp Hill, PA 17011 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 2103 Logan Street ran is S. Hallinan, Esqu' e A rney for Plaintiff Q 0 EXHIBIT "A" ALL THAT CERTAIN PIECE AND PARCEL OF LAND SITUATE IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERLY LINE OF NORTH TWENTY- FIRST STREET AT THE INTERSECTION OF SAID STREET WITH THE SOUTHERLY LINE OF LOGAN STREET; THENCE IN A SOUTHERLY DIRECTION ALONG NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY- FIVE (145) FEET, MORE OR LESS, TO A POINT, SAID POINT BEING AT A DISTANCE OF THIRTY (30) FEET MEASURED IN A NORTHERLY DIRECTION FROM THE NORTHERN PROPERTY LINE OF CAMP HILL CEMETERY ASSOCIATION; THENCE IN A WESTERLY DIRECTION ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF CAMP HILL CEMETERY ASSOCIATION, SEVENTY-ONE (71) FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION PARALLEL WITH THE WESTERN LINE OF NORTH TWENTY-FIRST STREET ONE HUNDRED FORTY-FIVE (145) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF LOGAN STREET; THENCE ALONG LOGAN STREET IN AN EASTERLY DIRECTION SEVENTY-ONE (71) FEET TO A POINT, THE PLACE OF BEGINNING. BEING PART OF LOTS SEVENTY-SEVEN (77), SEVENTY-EIGHT (78), SEVENTY-NINE (79), EIGHTY (80), AND EIGHTY-ONE (81), AND A PORTION OF LOT SEVENTY-SIX (76), ON THE PLAN OF LOTS KNOWN AS SECOND PLAN OF HAMILTON PLACE, SAID PLAN BEING RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 1, PAGE 46. BEING THE SAME PREMISES WHICH GRAYMOR, INC. A CORPORATION OF THE COMMONWEALTH OF PENNSYLVANIA, BY THE DEED DATED MARCH 9, 1956 AND RECORDED MARCH 15, 1956 BY THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK A, VOLUME 17, PAGE 283, GRANTED AND CONVEYED AND WILLIAM M. KNAPIK AND GLORIA C. KNAPIK. GLORIA C. KNAPIK WAS DECEASED OCTOBER 2, 1984, AS EVIDENCE BY HER DEATH CERTIFICATE NO. 4511430P THUS VESTING SOLE INTEREST TO WILLIAM M. KNAPIK, GRANTOR HEREIN. lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. VS. No. 07-6229 Civil Term_ PHILIP A. LOWE or OCCUPANT Costs Attorney's $ 158.90 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland 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: (Plaintiff (s)) COUNTRYWIDE HOME LOANS, INC. being: (Premises as follows): 2103 LOGAN STREET, CAMP HILL, PA 17011 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. s R. Long, Prothonotary, Common Pleas Court of Cumberland County, PA Date 12/05/07 (Seal) 2of2 VS. Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and No 07-6229 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. PHILIP A. LOWE or OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 158.90 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELLAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA, PA 19103 215-563-7000 ID# 62695 Where papers may be served day of , . I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy SHERIFF'S RETURN - REGULAR CASE NO: 2007-06229 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS LOWE PHILIP A ET AL BRIAN BARRICK Cumberland County,Pennsylvania, who being duly sworn according to law, Sheriff orlDeputy Sheriff of says, the within COMPLAINT - EJECTMENT was served upon LOWE PHILIP A DEFENDANT the , at 1507:00 HOURS, on the 30th day of October , 2007 at ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to PHILIP LOWE 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 / tD? ? .00 4 2 . 4 0 3 Sworn and Subscibed to before me this day So Answers: R. Thomas line 11/01/2007 PHELAN HALLI$AN HMIEG By: ?- l r Deputy Sheriff of A. D. '14. _. 6: )p dl%% r'a By virtue of this writ, on the 2 0 day of E e br u a r y . 2008 _ I caused the within `? named r o, i n Y_ r Home Loans, to have possession of ere *Ax x . 2103 Lo ,an St, Camp Hill, ? y ll So Sworn and subscribed to before me this Day of Sheriff By T Sheriff's Return: Advance Costs: 150:00 Sheriff's Costs: 100.78 Docketing 18.00 49.2T- Surcharge 20.00 Possession 30.00 Prothy 2.00 Poundage 1.98 - Refunded to Atty on 2/22/08 Milage 28.80 100.78 ? ?/a -7/o & 0 ?s W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. VS. No. 07-6229 Civil Term PHILIP A. LOWE or OCCUPANT Costs Attorney's $ 158.90 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland 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: (Plaintiff (s)) COUNTRYWIDE HOME LOANS, INC. being: (Premises as follows): 2103 LOGAN STREET, CAMP HILL, PA 17011 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. 4iLPs R. Long, Prothonotary Common Pleas Court of Cumberland County, PA Date 12/05/07 (Seal) f4 2 W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. VS. No. 07-6229 Civil Term PHILIP A. LOWE or OCCUPANT Costs Attorney's $ 158.90 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland 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: (Plaintiff (s)) COUNTRYWIDE HOME LOANS, INC. being: (Premises as follows): 2103 LOGAN STREET, CAMP HILL, PA 17011 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. s C a"'?rtis R. Long, Prothonotary4klg Common Pleas Court of Cumberland County, PA Date 12/05/07 (Seal) 1 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 COUNTRYWIDE HOME LOANS Attorney for Plaintiff Plaintiff Court of Common Pleas CUMBERLAND County VS. No. 07-6229 CIVIL TERM PHILIP A. LOWE OR OCCUPANTS Defendant(s) 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 entered on this case discontinued and ended, upon payment of your costs only. 313Ap Date / Francis S. Hallinan Attorney for Plaintiff PHS#163523 C`3 "3 M -t T ( 6 ?K P l z to