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Home My WebLink About04-0728Federman and Phelan, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff WM Specialty Mortgage, LLC, Without Recourse 505 South Main Street, Suite 100 Orange, CA 92868 Corey Mell Or Occupants 858 West Louther Street Carlisle, PA 17013 Court of Common Pleas Civil Division Cumberland County Term **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 aaa 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 ehgible 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 WM Specialty Mortgage, LLC, Without Recourse, Defendant is Corey Mell Or Occupants. Plaintiff is equitable owner of premises located at 858 West Louther Street, Carlisle, PA 17013, a legal description of which is attaclied. Plaintiff became owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County, on February 4, 2004. 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. Plaintiff has demanded possession of the said premises from the said defendant who has refused to deliver up possession of same. WI4EREFORE, plaintiff seeks to recover possession of said premises. Francis S. Hallinan, Esquire Attorney for Plaintiff ~ Search and Abstract Services, Inc. One Perm Center, 1617 J.F.K. Boulevard, Suite 305 Philade~ohia, Pennsylvania 1910:? (215) 496-0900 FAX (215) 496-0904 RECO..RD OWNER_AND LIEN CERTIF/CATE Effective Date: 5/3/2003 Order Number: A76939 Client Number: 1481675 Premises: 858 WEST LOUTIIER STREET, TOWNSFffP OF NORTH MIDDLETON CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of eviclence in the appropriate pabh¢ records, Company certifies that the premises e~dorsed hereon arc subject to thc liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not comttmte title insurance; liability herounder is assumed by the Company solely in its capacity as att abstractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIPTION ALL THAT TRACT of land with improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern line of Louther Street extended as shown on the hereinafter mentioned plan of lots on the dividing line between Lots Nos. 40 and 41 on ~aid plan thence in a Southerly direction along said dividhlg line 245, 3 feet to an 20 foot wide alley; tlzence in a Easterly direction along the Northern line of said alley 75.1 feet to a point thence in a Northerly direction along a line parallel with the dividing line between Lots Nos. 38 and 39 on said plan and 5 feet westwardly therefrom 249.7 (erroneously recited in prior deeds as "149" feet, more or less to Loather Street) thence in a Westerly direction along the Southern line of Loutber Street 75 feet to the po~t or place of beginning. BEING all of Lot No. 40 and the Western 35 feet of Lot No. 39 as shown on the Plan of Lots shown as Eckels Park, said Plan of Lots being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2 at Page 58. Tax Parcel #29-20-1794-32 V~,I{T~ICATION 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 know]edge, information, and behef. I was the attorney for the Plaintiff or PlaintifPs predecessor in interest in the underlying foreclosure action. I 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 sherifPs 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 sherifi~s 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. r /Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2004-00728 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS MELL COREY REGULAR CPL. MICHAEL BARRICK , Cumberland County,Pennsylvania, says, the within COMPLAINT - EJECTMENT MELL COREY DEFENDANT , at 1403:00 HOURS, at 858 WEST LOUTHER STREET CARLISLE, PA 17013 COREY MELL a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 20th day of February , 2004 by handing to - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ L ~ day of A.D. J ~:oZhono~a:y So Answers: . R. Thomas Kline FEDERMAN02/23/2004& PHELAN // FEDERMAN AND PHELAN L.L.P. By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WM Specialty Mortgage, LLC, without reco~trse VS Corey Mell Or Occupants 858 West Louther Street Carlisle, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION No. 04-728-Civil Term Cumberland County PRAECIPE FOR JIIDGMENT IN E.IECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, WM Specialty Mortgage, LLC, without recourse and against the Defendant(s) Corey Mcll and Or Occupants for possession of premises 858 West Louther Street, Carlisle, PA 17013 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 Plaintiff's 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. .ha .n, EsqJ~ire lntlff ~ Default Judgment entered as indicated above. DATE FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ,, Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?lS) 56q-7000 WM SPECIALTY MORTGAGE, LLC, WITHOUT RECOURSE Plaintiff VS. COREY MELL OR OCCUPANTS Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 04-728 CML TERM TO: COREY MELL OR OCCUPANTS 858 WEST LOUTHER STREET CARLISLE, PA 17013 DATE OF NOTICE: MARCH 12, 2004 FILE COPY 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.l~ 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 WILITING 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Attorneys for Plaintiff FEDERMAN AND PHELAN L.L.P. By: Francis S. Flallinan, Esquire Identification No. 62695 One Penn Center Plaza ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WM Specialty Mortgage, LLC, without recourse vS Corey Mell Or Occupants 858 West Louther Street Carlisle, PA 17013 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION No. 04-728-Civil Term Cumberland County VERIFICATION OF NON-MILITARY ,qERVICE FRANCIS S. HALL/NAN, 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. Co) That defendant Corey Mell Or occupants, is over 18 years of age, and resides at 858 West Louther Street, Carlisle, PA 17013. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. // :r~ncis S. Hallinan, Es~/uire ! A~rney for Plaintiff PRAEC1PE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland WM Specialty Mortgage, LLC, without recourse v$ Corey Mell Or Occupants 858 West Louther Street Carlisle, PA 17013 COURT OF COMMON PLEAS CiVIL DiVISION No. 04-728-Civil Term Cumberland County PRAECIPE FOR llrRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 858 West Louther Street, Carlisle, PA 17013 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 858 West Louther Street ? ~)&torney for Plaintiff ~ Search and Abstract Services, Inc. One Penn Center, 1617 J.F.K. Boulevard, Suite 305 Phi[ade~ohia, Pennsylvania 19t07 (2~5) 4~-0~0 FAX (215) 496-0904 RECORD OWNER AND LIEN CERTIFICATE Effective Date: 5/3/2003 Order Number: A76939 Client Number: 1481675 Premises: 858 WEST LOUTI~ER STREET, TOWNSHIP OF NORTH MIDDLETON CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence ia the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does no[ constitute tide insarance; liability herennder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. D~SCRIPTION ALL THAT TRACT of land with improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern line of Louther Street extended as shown on the hereinafter mentioned plan of lots on the dividing line between Lots Nos. 40 and 41 on aaid plan thence in a Southerly direction along said dividing line 245, 3 feet to an 20 foot wide alley; thence in a Easterly direction along the Northern line of said alley 75. I feet to a point thence in a Northerly direction -,dong a line parallel with the dividing line between Lots Nos. 38 and 39 o.n said plan and 5 feet westwardly therefrom 249.7 (erroneously recited in prior deeds as "149" feet, more or less to Louther Street) thenc~ in a Westerly direction along the Southern llne of Louther Street 75 feet to the point or place of beginning. BEING all of Lot No. 40 and the Western 35 feet of Lot No. 39 as shown on the Plan of Lots shown as Eckels Park, said Plan of Lots being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2 at Page 58. Tax Parcel #29-20-1794-32 x ! Z s_ !_e. , _ _P3 __t_7. 0_ _! 3_ .................................................................. Sheriff's Return: Advance Costs: 150.00 -Db-d k~-f i-n-g - T .......18-.-O~Y ................................. -g~-e-~ i-f ~ ~-§ - 'CS§-f ~'C77-: a 2- ......... Poundage !.52 72.58 -Pt-o~r ................ t-.-@IN ....................................................................... Milage 6.90 Refunded to Atty on 4/20/04 _Pas sass_Lo n ......... 30_.00_ ........................................................................ Surcharge 20.00 77.52 %~t~'T OF POSSESSION Ejec.~.~uem: Proceedings PRC P -3i60 - .7t63 e':c, SPECIALTY I~ORTGAGE, LLC;-WIIIt011~ _RECOUP,~E CL'% [ B E RLA._x?'O COL .~ i-T'Y No ................................ T _.~-m 20 ...... .~::?. ............................... CO L~ ~'7'k' OF CUMBERLAND To :k~. ';~-¢-a~ ....... oi .................................. ...... ~_~_C_I_A_~TY }IQRTGAGE~_ LL_C.~ WITHOUT RECOURSE ......... 858 WEST LOUTHER STREET CARLISLE, PA 17013 P!aJn.r_'ff i IDa;= March 25, 2004 ......................... FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WM SPECIALTY MORTGAGE, LLC, WITHOUT RECOURSE Plaintiff Com~ of Common Pleas CUMBERLAND County No. 04-728- CIVIL TERM COREY MELL OR OCCUPANTS Defendant(s) PRAECIPE TO WITHDRAW CO1VI-~.~ VACATE JUDGMENT AND DISCONTINUE AN~ 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/ Attorney for Plaintiff