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HomeMy WebLinkAbout08-3857PHELAN HALLINAN & SCHMIEG, LLP. By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Federal Home Loan Mortgage Corporation Foreclosure Unit Mail Stop 61 P.O. Box 5000 Vienna, VA 22183-5000 V. James R. Brannan Or Occupants 1175 Fleming Drive Mechanicsburg, PA 17055 Attorney for Plaintiff : Court of Common Pleas : Civil Division Cumberland County -7z_ No. Of- 3 F,59 No. 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (888)-990-9108 PHS #: 181400 1. Plaintiff is Federal Home Loan Mortgage Corporation. 2. Defendant is James R. Brannan Or Occupants. 3. Plaintiff is the record owner of premises located at 1175 Fleming Drive, Mechanicsburg, PA 17055, 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 June 11, 2008, as evidenced by the Sheriff's deed recorded June 20, 2008 in the Office of the Recorder of Cumberland County in Instrument 200820738. 5. Plaintiff, by virtue of the above, is the record 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. Francis S. Hallinan, Esquire Attorney for Plaintiff ALL THAT CERTAIN lot in the property known, named and identified in the Declaration, referred to below, as 'Ashcombe Farms North', located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 PA. C.S.A> 5101 et seq., by the recording in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Ashcombe Farms North ('Declaration'), dated August 7, 1997, recorded August 8, 1997, Miscellaneous Book 554, Page 151, being and designated in such Declaration as Lot No. 4, described in Exhibit E of the Declaration. CONTAINING 16,536.45 square feet. BEING Lot No. 4, Ashcombe Farms North Final-Phase I site Plan, dated August 8, 1996, recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 12. BEING the same premises which Anderson-Stern, Inc., a Pennsylvania Corporation, by their deed dated August 22, 1997 and recorded in the Cumberland County Recorder of Deeds Office in Book 163, Page 370, granted and conveyed unto Richard H. Turner. Jeannie Turner enters into the within deed to grant and convey her interest in the premises by being the wife of Richard H. Turner. Premises: 1175 Fleming Drive 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. .S Fr cis S. Hallinan, Esquire Attorney for Plaintiff Date Time 7_ 00$ w - v? G SHERIFF'S RETURN - REGULAR CASE NO: 2008-03857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL HOME LOAN MORTGAGE COR VS BRANNAN JAMES R STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon BARNNAN JAMES T the DEFENDANT , at 0021:05 HOURS, on the 2nd day of July , 2008 at 1175 FLEMING DRIVE MECHANICSBURG, PA 17055 TI TTTT TTTTWITTTTL1V by handing to ROOMMATE OF JAMES BARNNAN a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 .00 ,7/ /OF ? 4 0. 0 0 Sworn and Subscibed to before me this day So Answers: 00011, 14.0 oo,?4? R. Thomas Kline 07/03/2008 PHELAN HALLINAN & SCHMIEG By: AF?:: 4141-1 Deputy Sheriff of A. D. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire I. D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Federal Home Loan Mortgage Corporation Plaintiff Court of Common Pleas Cumberland County VS. No. 08-3857 Civil Term James R. Brannan or occupants Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date L rence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff PHS # 181400 m G