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HomeMy WebLinkAbout08-2136Phelan, 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. 08 - oll3(p CIVIL ACTION - EJECTMENT 0W; ( -Few "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 All 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 the owner of said premises as a result of the foreclosure and judicial sale by the Sheriff of Cumberland County, on October 3, 2007 as evidenced by the Sheriff s deed recorded October 16, 2007 in the Office of the Recorder of Cumberland County in Instrument Number 200739580. 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 ncis 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 Pirancis S. Hallinan, Esquire Attorney for Plaintiff -P-F aa? ?.3 r-.s - Cl) n SHERIFF'S RETURN - NOT FOUND ° CASE NO: 2008-02136 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS LOWE PHILIP A 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 LOWE PHILIP A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , the within named DEFENDANT , LOWE PHILIP A 2103 LOGAN STREET CAMP HILL, PA 17011 2103 LOGAN STREET CAMP HILL IS VACANT.' NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge Li I)i It) F So answer 18.00 ? 15.00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 48.00 PHELAN HALLINAN SCHMIEG 04/15/2008 Sworn and Subscribed to before me this day of A. D. PHELAN HALUNAN & SCHMIEG, LLP By: Lawrence T.,' Phelan, Esquire I.D. No. 32227 Francis S. Hallin n, Esquire I.D. No. 62695 One Penn Cente?at Suburban Station Suite 1400 Philadelphia, P 19103-1814 (215) 563-7000 Countrywide Philip A. Lowe or occupants Loans, Inc. Attorney for Plaintiff Plaintiff Court of Common Pleas Cumberland County VS. No. 2008-02136 Defendant(s) IHDRAW COMPLAINT WITH AND DISCONTINUE AND END TO THE PROT140NOTARY: Kindly withdra the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff to ? 49t.. ? ' i ? • I ???? '[?"t 0. m ._.r 'W - M y ` _??