The URL can be used to link to this page

Home My WebLink About04-1147THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, LYNN L. LIBBY and OCCUPANTS OF 919 Thornton Drive Mechanicsburg, PA 17055, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION EJECTMENT 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 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 AGAINS F YDU 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 SHOHLD TAKE Tills PAPER TO YOUR LAWYER AT ONCE. [F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU ('AN GEl' LEGAL HELP Cumberland County Court Administrator 4th Floor Cumberland County Court House I Courthouse Square Carlisle, PA 17013 (717) 240-6200 04- I 1085/P040508 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGiIIENTES, USTED TIENE (20) DIAS DE PLAZO A 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 I,A CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVIS() O NOTIFICACION O POR CUALOIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERV[CIO. VAYA EN PERSONA O LLAME POR TELEFONO A [,A OFICINA CUYA DIRECCION SE ENCUENTRA ESCPdTA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEOUIR ASISTENC]A LEGAL Cumberland County Court Administrator 4th Floor Cumberland County Court 14ous~ I Courlhouse Square Carlisle, PA 17013 {717) 240-6200 CIVIL ACTION ~- EJECTMENT 1. The Plaintiff, Federal National Mortgage Association, is a corporation authorized to do business within the Commonwealth of Pennsylvania, having its principal place of business at 1900 Market Street, Suite 800, Philadelphia, PA 19103. 2. (a) The Defendant, Lynn L. Libby, is an individual whom Plaintiffbelieves and theretbre avers is residing at the property address, that being 919 Thornton Drive, Mechanicsburg, PA 17055, hereinafter referred to as the "Premises". (b) The Defendant, Lynn L. Libby, is an individual whom Plaintiff believes and therefore avers is residing at the Premises. (c) The Defendant (Unknown) Occupant(s) is/are individuals whom Plaintiff believes and therefore avers are residing at the Premises. 3. The Premises which are described at Exhibit "A" attached hereto and incorporated herein by reference, were sold at the Cumberland County Sheriff's Sale conducted on March 3, 2004, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment entered in the Court of Common Pleas for Cumberland County at the suit of Mortaage Electronic Registration Systems, Inc. v. Lynn L. Libby, as Court Docket Ntunber 03-3054. 4. The Premises were purchased by the Plaintiff at the Sheriff's Sale, said sale results being a matter of public record. 5. The Plaintiff acquired title to the Premises on the date of and by virtue of said Sheriff's Sale, and is the real and current entitled owner of said Premises by virtue ora Cumberland County Sheriff's Deed Poll, to be recorded in the Cumberland County Recorder of Deeds' Office at the earliest possible date. 6. The persons in possession of the Premises am believed to be the Defendant(s) in this action and are occupying the Premises without right and without claim to title. 7. The Defendants herein named were duly served with Notices of the Sheriff's Sale held on March 3, 2004. 8. Plaintiff has demanded possession of the Premises from the Defendant(s) who have refused to deliver up the possession thereof. WHEREFORE, the Plaintiff; Federal National Mortgage Association, respectfully requests entry of judgment for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Respectthlly Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. ~-'arbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 ALL THAT CERTAIN house and Lot of Groined, situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Thornton Drive on the hereinafter mentioned Plan of Lots, at the Northwest corner of Lot No. 11 on said Plan; thence by the dividing line between Lots No. 31 and 12 South 06 degrees 57 minutes East one hundred eighteen and fifteen hundredths (118.15) feet to a point; thence by the dividing line between Lots No. 32 and 39 and Lots No, 32 and 38, South 83 degrees 59 minutes West ninety and one hundredths (90.01) feet to a point; thence by the dividing line between Lots No. 32 and 33 on said Plan North 06 degrees 57 minutes West one hundred sixteen and sixty-eight hundredths (1 l 6.68) feet to a point on the Southern line of Thornton Drive; thence by the Southern line of Thornton Drive, North 83 degrees 03 minutes East ninety (90) feet to a point; the place of BEGINNING. BEING Lot No. 32, in the Plan of Lots of Jacob S. Stoner, Tract No. 2, which Plan is of record in the Cumberland County Recorder's Office in Plan Book 14 at page 39. UNDER AND SUBJECT, NEVERTHELESS, to the set-back lines, reservations and restrictions of record and to any filed with the Plan above-mentioned. HAVING THEREON erected a stone and aluminum siding dwelling house known and numbered as 919 Thornton Drive. BEING THE SAME PREMISES WHICH Robert J. Sharer, single person, by his deed dated December 13, 1994 and recorded December 14, 1994 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 116 Page 214 granted and conveyed unto Robert R. Libby, Jr. and Lynn L. Libby, his wife. VERIFICATION BARBARA A. FEIN, ESQUIRE, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Affidavit, and that the statements made in the foregoing Civil Action Complaint in Ejectment are true and correct to the best of her knowledge, in~brmation and belief: The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: March 16, 2004 THE LAW OFFICES OF BARBARA A. FE1N, P.C. Attorney for Plaintiff Attorney I.D. No. 53002 SHERIFF'S RETURN - CASE NO: 2004-01147 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSC VS LIBBY LYNN L REGULAR CPL. TIMOTHY REITZ Cumberland County,Pennsylvania, says, the within COMPLAINT - EJECTMENT LIBBY LYNN L DEFENDANT , at 0920:00 HOURS, at 919 THORNTON DRIVE MECHANICSBURG, PA 17055 LYNN L LIBBY a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 22nd day of March by handing to the 2004 - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this ~L~ day of ~ ~_3~0~ A.D. ~rothonotary So Answers: 03/24/2004 BARBARA FEIN THE LAW OFFICES OF BARBARA A. FEIN, Barbara A. Fein, Esquire / I.D. No. Kristen J. DiPaolo, Esquire / I.D. No. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215} 653-7450 ~ttorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION , Plaintiff, LYNN L. LIBBY and OCCUPANTS OF 919 Thornton Drive Mechanicsburg, PA 17055, Defendants. 53002 79992 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2004-01147 PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark the above referenced matter settled, discontinued and ended without prejudice to Plaintiff. Dated: April 6, 2004 BY: THE LAW OFFICES OF BARBARA A. FEIN, Kr~%~D/~.~i~aolo, Esquire Attolh~r ~laintiff Attorney I.D. No. 79992