The URL can be used to link to this page

Home My WebLink About08-4802w GOLDBECK McCAFFERTY & McKEEVER BY: MICHAEL T. MCKEEVER, ESQUIRE ATTORNEY I.D. #56129 SUITE 5000 MELLON INDEPENDENCE CENTER 701 Market Street PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006- 11 7105 Corporate Drive PTX C-35 Plano, TX 75024 Plaintiff vs. IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY BRENDA HOLTRY MICHAEL L. HOLTRY and OCCUPANTS 31 Airport Road Shippensburg, PA 17257 Defendants NOTICE CIVIL ACTION - LAW ACTION OF EJECTMENT Term No. 08 - N8Da O ivi t ` e-m 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 the 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 maybe entered against you by the Court without further notice for any money claim in the Complaint of 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 BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row, Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SE_ RVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI LISTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOSIMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row, Carlisle, PA 17013 717-243-9400 r COMPLAINT IN EJECTMENT 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006- 11, 7105 Corporate Drive, PTX C-35, Plano, TX 75024. 2. Defendants are BRENDA HOLTRY, MICHAEL L. HOLTRY, and OCCUPANTS. 3. Plaintiff is the equitable owner of premises located at 31 Airport Road, Shippensburg, PA 17257 ("the Property"). A true and correct copy of the legal description of the Property is attached to this Complaint. 4. Plaintiff is the record owner of the Property by virtue of a Deed from the Sheriff of Cumberland County to BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006- 11 recorded on 6/25/2008 at Instrument # 200821386. Plaintiff is entitled to immediate possession of the Property. 6. The Defendants, BRENDA HOLTRY, MICHAEL L. HOLTRY and OCCUPANTS, are occupying the Property without right, and so far as the Plaintiff is informed, without claim of title. 7. Plaintiff has demanded possession of the Property from the said Defendants, who have refused to deliver up possession of the same. WHEREFORE, Plaintiff requests judgment for possession of the Property. GOLDBECK McCAFFERTY & McKEEVER By: Michael McKeever, Esq. VERIFICATION FLY MRLESS on behalf of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 'F O ELY HAgLFSS; VICE PRESIDENT All the following described real estate, together with improvements thereon erected, lying and being situate in Southampton township, Cumberland county, Pennsylvania, bounded and limited as follows: Beginning at an existing railroad spike in the centerline of the legislative route 21050 at corner of land now or formerly of Robert in. shirk; thence by land now or formerly of shirk, south 39 degrees 11 minutes 48 seconds west, 413.47 feet to an existing iron pin at other land now or formerly of Erma 1 Mansberger; thence by other land now or formerly of Erma i. mansberger, south 47 degrees 55 minutes 04 seconds east, 160 feet to a set iron pin; thence by the same, north 39 degrees 11 minutes 48 seconds east, 423.89 feet to a railroad spike in the centerline of legislative Route 21050; thence by the centerline of legislative route 21050, north 51 degrees 39 minutes 00 seconds west, 159.80 feet to a railroad spike, the place of beginning. Tax Parcel #:39-13-0102-OO1C Property Address: 31 Airport Road, Shippensburg, PA 17257 Municipality: Southampton Township 11 d oho wk 0 C ?_ i_ s' PJ Gi A C 4"7 Crl al r? } -J--E R SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04802 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS HOLTRY BRENDA 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 HOLTRY BRENDA but was unable to locate Her in his bailiwick. He therefore returns the the within named DEFENDANT , 31 AIRPORT ROAD SHIPPENSBURG, PA 17257 PROPERTY IS VACANT. Sheriff's Costs: Docketing 18.00 Service 20.00 Not Found 9I?I p? 5.00 Surcharge 10.00 53.00 Sworn and Subscribed to before me this day of A. D. TRY BRENDA NOT FOUND , as to So I answers; R. Thoma Kline Sheriff of Cumberland County G LDBECK MCCAFFERTY MCKEEVER 08/25/2008 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04802 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS I HOLTRY BRENDA 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 DE ENDANT HOLTRY MICHAEL L but was unable to locate Him in his ba liwick. He therefore returns the COMPLAINT - EJECTMENT , NOT FOUND , as to the within named DEFENDANT 31 AIRPORT ROAD SHIPPENSBURG, PA 17257 PROPERTY IS VACANT. Sheriff's Costs: Docketing Service ? 8 Not Found q??10 Surcharge HOLTRY MICHAEL L So answers 6.00 .00 5.00 . Thomas line 10.00 Sheriff of Cumberland County .00 21.00 G LDBECK MCCAFFERTY MCKEEVER 0 /25/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04802 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS HOLTRY BRENDA 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 DE ENDANT OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the .ri-.r.r T TTm T TTl/"I TIIRTITTT the within named DEFENDANT 31 AIRPORT ROAD SHIPPENSBURG, PA 17257 PROPERTY IS VACANT. , OCCUPANT Sheriff's Costs: Docketing 6.00 Service ? .00 Affidavit 5.00 Surcharge 00 10.00 21.00 Sworn and Subscribed to before me this day of So I answers: R. Thomas E line Sheriff of Cumberland County S LDBECK MCCAFFERTY MCKEEVER O P/25/2008 NOT FOUND , as to A. D.