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Home My WebLink About03-668310. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS CIVIL DIVISION Plaintiff CASE NO. OJ- (, 6 F5 CL4 7'Z- VS. TYPE OF PLEADING: Complaint in Ejectment DAVID M. FRUHWIRTH Defendant FILED ON BEHALF OF: Plaintiff CERTIFICATION OF LOCATION I hereby certify that the location of the real estate affected by this lien is: 4185 KITTATINNY DRIVE MECHANICSBURG, PA 17055 By: Le P. Haller Attorney for Plaintiff COUNSEL OF RECORD: FOR PLAINTIFF: Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney I.D.#15700 COUNTRYWIDE HOME LOANS VS. DAVID M. FRUHWIRTH Plaintiff Defendant NOTICE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 03- LGP3 CLI...F le.-- IN EJECTMENT 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 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 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 N O T I C I A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en 1a corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demands. Usted puede perder dinero o sus propiedades o ctros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ARISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 COUNTRYWIDE HOME LOANS VS. DAVID M. FRUHWIRTH Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ()J - `P 6J3 Defendant : IN EJECTMENT C O M P L A I N T 1. Plaintiff, Countrywide Home Loans, is a Corporation, acting through its servicing agent of Washington Mutual Bank, FA, with an address of P.O. Box 1169, Milwaukee, Wisconsin 53224. 2. Defendant, David M. Fruhwirth, is an adult individual, whose last known address is 4185 Kittatinny Drive, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff avers that any person not set forth above, but in possession of the premises set forth in Paragraph 2 is, and shall become a Defendant to this action by virtue of Rule 410(b)(2) of the Pennsylvania Rules of Civil Procedure, upon identification by the Sheriff of Cumberland County in his Return of Service of such person, and upon Praecipe of the Plaintiff. 4. Prior to December 10, 2003, Defendant was the owner of certain real property known as 4185 Kittatinny Drive, Mechanicsburg, Pennsylvania 17055, a copy of the description attached hereto and made a part hereof as Exhibit "A" 5. Said premises were sold by the Sheriff of Cumberland County at a Sheriff's Sale held at the Cumberland County Court House on December 10, 2003, after due advertisement according to law, under and by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, No. 2003-2726 the suit of Countrywide Home Loans vs. David M. Fruhwirth. 6. The aforesaid property was purchased at Sale by Countrywide Home Loans, said proceedings being incorporated herein by reference. 7. By virtue of the aforesaid Sheriff's Sale, Plaintiff acquired title to the said premises. 8. Defendant is presently in possession of the said premises, having come into said possession by virtue of his prior ownership. 9. Plaintiff's Abstract of Title is attached hereto as Exhibit "B" WHEREFORE, Plaintiff demands judgment against Defendant in Ejectment for recovery of premises described in Exhibit "A" attached hereto and made a part hereof, plus costs of suit. PURCELL, KRUG & HALLER By: o P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: December 29, 2003 money of the Unueu Grantee, at or before the sealing and aeavc,., , . acknowledged and the Grantors being therewith fully satisfiea, u bargain, sell and convey unto the Grantee forever, ALL THAT CERTAIN lot or tract of land situate in HAMPDEN TOWNSHIP in the COUNTY OF CUMBERLAND and the COMMONWEALTH OF PENNSYLVANLA, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Kittatinny Drive (64 feet wide private), at the dividing line of Lot No. 88 and Lot No. 87, said point also being located 733.18 feet West of the southwest corner of Kittatinny Drive and Tussey Court; THENCE by line of Lot No. 88 and passing through the centerline of a partition wall South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point; THENCE by land of Mountain View Village Home Owners Association North 82 degrees 02 minutes 02 seconds West 20.00 feet to a point; THENCE by line of Lot No. 86 and passing through the center partition wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point on the southern right-of-way line of Kittatinny Drive; THENCE by said right-of--way line South 82 degrees 02 minutes 02 seconds East 20.00 feet to a point, the place of BEGINNING. CONTAINING 2,000 square feet. BEING Lot No. 87 on the Final. subdivision Plan of Mountain View Village, Phase IV. Recorded in Plan Book 60, Page 87B. 600X 211 PAGE y77 EXHIBIT PLAINTIFF'S ABSTRACT OF TITLE 1. Property acquired by Plaintiff at Cumberland County Sheriff's Sale conducted by Sheriff of Cumberland County on December 10, 2003. 2. Deed from David M. Fruhwirth and Jill R. Swartz, dated November 19, 1999 and recorded November 23, 1999 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 60, Page 87, to David M. Fruhwirth. EXHIBIT "B" VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Le P. Hal Dated: December 29, 2003 C-) 0 0 e ? PO fib{ 1 Ll ?R SHERIFF'S RETURN - NOT SERVED CASE NO: 2003-06683 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS FRUHWIRTH DAVID M R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: FRUHWIRTH DAVID M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOT SERVED , as to the within named DEFENDANT FRUHWIRTH DAVID M 4185 KITTATINNY DRIVE MECHANICSBURG, PA 17055 PER NEIGHBOR, 4185 KITTATINNY DRIVE HAS BEEN VACANT FOR OVER A MONTH. Sheriff's Costs: So answers: ?- Docketing 18.00 Service 9.66s? Affidavit .00 ZR. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County _ .00 37.66 PURCELL KRUG HALLER 01/05/2004 Sworn and subscribed to before me this /3er day of? .2 00?? D. i n.. ? 4 Prothonotary LEON P. HALLER, ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102-2392 (717)234-4178 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS PLAINTIFF VS. DAVID M. FRUHWIRTH DEFENDANTS TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6683 CIVIL ACTION - LAW IN EJECTMENT P R A E C I P E Kindly Settle and Discontinue the above matter of record. PURCELL, KRUG & HALLER By: Lel6n P. H er ID #15700 Attorney for Plaintiff Purcell, g-& Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: October 3, 2007 ,c--"-? T- 1 -...1