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Home My WebLink About03-6574Federman and Phelan, LLP By: Francis S. Halhnan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Ptfiladelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Aurora Loan Services, Inc. 601 5th Avenue Scottsbluff, NE 69361 Amy L. Frank Or Occupants 443 North 2nd Street Wormleysburg, PA 17043 Court of Common Pleas Civil Division Cumberland County Term CML ~CTIOM - E.mCq~MENT *~eis 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 arm should not be comh'ued to be an attempt to collect a debt, but only erfforcement 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 rehef 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 Plaintiff is Aurora Loan Services, Inc. Defendant is Amy L. Frank Or Occupants. Plaintiff is equitable owner of premises located at 443 North 2nd Street, Wormleysburg, PA 17043, a legal description of which is attached. Plaintiff became owner of said premises as a result of foreclosure and judicial sale by the Sheriffof Cumberland County, on December 10, 2003. 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. PlainUfff 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. ~torney for Plaintiff P~emises: 443 NORTII 2ND STREET, BOROUGH OF WORMLEYSBURG CUMBERLAND COUNTY PENNSYLVANIA Based upon thc examination of evidence in the appropriate Public records, Company certifies that the premises endorsed hereon are subject tn the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by~ the Company solely ia its capacity as an, abstractor for its negligence, mistakes or omissions in a sam not to cxceed Two Thou.~nd Dollars. ALL THAT CERTAIN lot of land situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the point of intersection of the Fastem line of Second Street and the line of adjoiaer between I.ocq Nos. 101 and 102 on the hereinafter mentiolted Plan of Lots; thence North 51 degrees 45 minutes East by said linc of adjoiner and pa, rtly by the c~nter line of a pactition w~l 148.16 feet to a pohxt; thence North 66 degrees 05 minutes East 1.90 feet to the Western line of River Street; thence South 38 degre~ 15 minutes East by the Western line of River Stxeet 24.53 feet to a point; thence South 51 degrees 4.5 minutes West by the Northern line of Lot No. 100 150 feet to the Eastern line of Second Street; thence North 38 degrees 15 minutes West by the Eastern line of Second Street :25 feet to the point and placc of beginning. BEING pat~ of Lot No. 101 on Plan No, 3 of Edgewater, as recorded M the CumbeHand County Recorder's Office in Plan Book 1, page 71. HAVING thereon erected the Southern half of a two story double brick and flame dwelling known as 443 North Second Street. Tax Parcel #19-1588-086A V~I]~ICATION Francis S. Hal]inan 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. 1 am with the ]aw 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 sheriff% sale. The undersigned understands that this statement is made subject to the penalties of 18 Fa.C.S, §4904 relating to uns~vorn falsification to authorities. Date Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-06574 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AURORA LOAN SERVICES VS FRANK AMY L IMC R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT FRANK AMY L unable to locate Her in his bailiwick. COMPLAINT - EJECTMENT ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the the within named DEFENDANT , FR;uNK AMY L 443 NORTH 2ND STREET WORMLEYSBURG, PA 17043 DEFENDANT NO LONGER LIVES AT GIVEN ADDRESS. NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 11.04 Not Found 5.00 Surcharge 10.00 .00 44.04 So a swer · ~ ..... R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 01/06/2004 Sworn and subscribed to before me this /~ day of~ ~ ~ A.D. otary SHERIFF'S RETURN - REGULAR CASE NO: 2003-06S74 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES IMC VS FRANK AMY L RONALD HOOVER , Cumberland County, Pennsylvania, says, the within COMPLAINT - EJECTMENT CURP~AN ROBERT, OCCUPANT DEFENDANT , at 2030:00 HOURS, at 443 NORTH 2ND STREET WORMLEYSBURG, PA 17043 ROBERT CURR3kN a true and attested copy of COMPLJ~INT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 5th day of January , 2004 by handing to EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /3~ day of tT/rdt honot ary · -- So Answers: R. Thomas Kline Ol/O /2oo4 FEDERMAN & PHELAN Deputy Sheriff FEDERMAN AND PHELAN L.L.P. FRANCIS S. HALLINAN, ESQUIRE IDENTIFICATION NO. 62695 One Penn Center ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (2t ~) _q6~-7ooo ATTORNEY FOR PLAINTIFF Aurora Loan Services, Inc Amy L. Frank Or Occupants COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 03-6574-CIVIL PRAECIPE TO INDEX .(RORERT CIIRRAN). DEFENDANT TO THE PROTHONOTARY: Pursuant to' P.A RCP. 410 (a)(2), kindly index Rflhext_Calr. r.~ as Defendant in thc above captioned matter. Robert Curran was found in possession of' the premises located ~ 443 North 2na Street, Wormleysburg, PA 17043 and was served with a copy of the Complaint on January 5, 2004. allina~ Esquire r Plaintiff Date: January 27:2fl04 Xo. _o2-_~_LL~:_%v_L~ ................. T.-= 2o ...... No ................................. T..-u-m 20 ...... A~ k. __~__~_.E,_ R.OFF-%Z--C--V--~----O-~---OF-C-%~-Afi-TS s . ............................ ~ ........... 1.00 ?~ray ............................. '~ ........... CO5 fMO:'~%VEAL T?Z OF COL.'~ ~-UY OF CUMBERLAND To :kc 5h¢~ of ----' ............................... : I' To ~.~dv -d::e iud..-,'m..~..: ."o:' :°sac'~'on k-,. :2".e abo ';e m:x:':~.- ':ou a:e -'km':-:-'d :o !e:",.'er :x>.s. se-s. sion ct' AURORA LOAN SERVICES, INC. .......................................................................................... b=~: .P.-~---2;_~ a= fo~o'~,~) : 443 NORTH 2nd STREET WORMLEYSBURG, PA 17043 Cut'tis R. Long .................. ~ c-_used ~¢ wi£~.in nz,"n, ~-a. .......................................................................... h=:-~ po~xli'~n o( .'ke.~r--'m:r-£~ de~c~. 7o,--d w,.a'-' :~...t~ur:.-'.--.a:'.c~... ~nd - ...................................... WRIT OF POSSESSION RETURNED STAYED AS PER JOE GARDELLIS, PROPERTY IS VACANT SHERIFF'S COSTS: ADVANCE COSTS: 150.00 DO_CKZ~ iI~_G .... ia.no .......................................... _S_H_ _E_R_ ?_ _F_'_S___C_Q_S_T__S _:_ _ (~1,2.5 ..... SURCHARGE 30.0O "~. 25 POUNDAGE 1.02 ................................................................. _,R. EF_U [',!D_E D_ _ TZI _ A.T T_Y- _ ON. - .S-/- 2 4-,Z 0 4 MILAGE 11.73 PROTH 1.00 .............. 6q[i 15 ............................................................................. FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 On~ Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff AURORA LOAN SERVICES, INC. Plaintiff VS. Court of Common Pleas CUMBERLAND County No. 03-6574-CIVIL AMY L. FRANK ROBERT CURRAN OR OCCUPANTS Defendant(s) PRAECIPE TO WITHDRAW CON.~ VACATE JUDGMENT AND DISCONTINUE AND_ END ACTION~ WITHOUT PREJUDICE, TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, vacate the judgment and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman Attorney for Plaintiff