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HomeMy WebLinkAbout07-6818RICJIARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) BRADLEY D. SISLEY, ESQUIRE (200040) ,STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTowN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACsmILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Ocwen Loan Servicing,LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. Daniel L. Bubb And John Doe 607 Gutshall Road Boiling Spring, PA 17007 Civil Action Number: 01- (o g 1 g a l v i I Term COMPLAINT IN EJECTMENT Defendant(s) CIVIL ACTION - EJECTMENT This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH J:\Sue\Evictions VA\Cumber1and.Co\Ocwen.Bubb.I1.07.doc BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 JASueTvictions VA\Cumberland.Co\0cwen.Bubb. 11.07.doc NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J:\Sue\Evictions VA\Cumberland.Co\Ocwen. Bubb. I 1.07.doc RicHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, EsQuIRE (75736) BRADLEY D. SISLEY, ESQUIRE (200040) 'STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTowN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACsmii,E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Ocwen Loan Servicing,LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 V. Daniel L. Bubb And John Doe 607 Gutshall Road Boiling Spring, PA 17007 Defendant(s) Civil Action Number: 07- 6 p /p CIL 'f COMPLAINT IN EJECTMENT COMPLAINT CIVIL ACTION - EJECTMENT 1. Plaintiff is Ocwen Loan Servicing, LLC (hereinafter referred to as "Ocwen Loan Servicing, LLC") with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, as contractor for the Secretary of Veteran's Affairs. 2. Defendant is Daniel L. Bubb, an adult individual residing at 607 Gutshall Road, Boiling Springs, PA 17007, which Property is described, in Exhibit "A" attached hereto and incorporated herein by reference. 3. Defendant is also John Doe who is an unknown adult individual residing at 607 Gutshall Road, Boiling Springs, PA 17007, which Property is described, in Exhibit "A" attached hereto and incorporated herein by reference. 4. On October 3, 2007, premises 607 Gutshall Road, Boiling Springs, PA 17007 (the "Property") was sold by the Sheriff of Cumberland County at Sheriffs Sale after due J:\Sue\Evictions VA\Cumber1and.Co\Ocwen.Bubb.I1.07.doc advertisement according to law and under and by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, 07-1426 at the suit of CITIMORTGAGE INC. vs. DANIEL L. BUBB. 5. Plaintiff settled with the sheriff requesting a deed be prepared in the name of The Secretary of Veteran Affairs. 6. A true and correct copy of the legal description is attached hereto as Exhibit "A". 7. By virtue of Sheriffs Sale, Plaintiff is entitled to possession of the premises. 8. Defendants are presently in possession of the said premises. WHEREFORE, Plaintiff, Ocwen Loan Servicing LLC, demands that a Judgment in Ejectment be entered in its favor and against the Defendants. STERN AND EISENBERG, LLP BY: CHARD F. STERN, ESQUIRE STEVEN K. EI9ENBERG, ESQUIRE BRADLEY D. SISLEY, ESQUIRE Attorney for Plaintiff JASueTvictions VA\Cumberland.Co\Ocwen.Bubb. 11.07.doc VERIFICATION JOSEPH HILLERY is the Director of Residential Default and Real Estate Services of OCWEN LOAN SERVICING LLC successor to Ocwen Federal Bank and is authorized to sign this Verification on behalf of same, and states thatshe verifies the foregoing Civil Action-Eviction against Daniel L Btthh anfJ .Tnhn T)nP and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. Section 4904 relating to the unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. JOS HILLE Di ctor of Re tial Default and Real Estate Services Date: 11/5/07 11/02/2007 16:36 FAX 215 563 4491 PHELAN HALLINAN &SCHMIEG a 003/003 DESCRIPTION ALL that certain lot or tract of land with the improvements thereon erected situate in Monroe Township, Cumberland County, Pennsylvania, and described according to survey made by Rupert G. Perkins, R.P.E., as follows: BEGINNING at a point in a public road at line of lands formerly a part of the same premises as the tract herein conveyed, now or formerly of Roger E., Dale L., and Daryl L. Schaffer; thence from said beginning point by the center of said road and lands now or formerly of David Myers, North 32 degrees 47 minutes East 220.00 feet to a railroad spike in the center of said road; thence by land now or formerly of Atlas Cement Company, South 05 degrees 28 minutes East 411.00 feet to a railroad rail; thence by lands now or formerly of Chamberlin Estate, South 71 degrees 44 minutes West, 79.4 feet to a point; thence by land now or formerly of Roger D. Schaffer, et al, above mentioned, North 18 degrees 25 minutes West, 262.4 feet to the place BEGINNING. CONTAINING 0.92 Acres, more or less, and being improved with a small cabin. BEING the same premises which Robert Keath and Aileene V. Keath, husband and wife, by their Deed dated July 23, 1996 and recorded July 25, 1996 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 143, Page 232, granted and conveyed unto John R. Bubb, Jr. and Christine B. Bubb, Grantors herein. PARCEL IDENTIFICATION NO: 22-31-2173-023 • ; 5? 10 ol c? SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06818 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND OCWEN LOAN SERVICING LLC VS BUBB DANIEL L 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 1MTTT).n nAWTTPT. T. but was unable to locate Him in his bailiwick. He therefore returns the l" AffT T T TATT Z, -r11t1TT/fMT7T the within named DEFENDANT 607 GUTSHALL ROAD BUBB DANIEL L NOT FOUND , as to BOILING SPRINGS, PA 17007 607 GUTSHALL ROAD APPEARS TO BE VACANT. Sheriff's Costs: Docketing 18.00 Service 5.76 Not Found 5.00 Surcharge j 10.00 Postage \0 .58 ?3 9 . 3 4 So answers:- :.. -? R.a Thomas Kline Sheriff of Cumberland County STERN & EISENBERG 12/04/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06818 P ` COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND OCWEN LOAN SERVICING LLC VS BUBB DANIEL L 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 DOE JOHN but was unable to locate Him in his bailiwick. He therefore returns the t" nM1-)T T TATT _ V TV071MLIATT the within named DEFENDANT , DOE JOHN 607 GUTSHALL ROAD NOT FOUND , as to BOILING SPRINGS, PA 17007 607 GUTSHALL ROAD APPEARS TO BE VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answerer R. Thomas Kline Sheriff of Cumberland County STERN & EISENBERG 12/04/2007 Sworn and Subscribed to before me this day of , A. D.