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HomeMy WebLinkAbout09-4962Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Aaniel G. Schmieg, Esq., Id. No. 62205 Michelle M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No.206779 Andrew C. Bramblett, Esq., I. D. 208375 One Penn Center A Suburban Station Attorney for Plaintiff Suite 1400 Philadelphia, PA 19103 (215) 563-7000-7000 Bank Of New York Mellon fWa Bank Of New York As Trustee For The Certificateholders Of CWABS, Inc., Asset Backed Certificates, Court of Common Pleas Series 2004-10 7105 Corporate Drive Civil Division Plano, TX 75024 Cumberland County No. 0 11 - 4 of L 2-- James S. Wrightstone Or Occupants 334 Greason Road Carlisle, PA 17013 CIVIL ACTION - EJECTMENT '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 cl#ims 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (888)-990-9108 PHS #: 212706 I . Plaintiff is Bank Of New York Mellon f/k/a Bank Of New York As Trustee For The Certificateholders Of CWABS, Inc., Asset Backed Certificates, Series 2004-10. 2. Defendant is James S. Wrightstone Or Occupants. 3. Plaintiff is the record owner of premises located at 334 Greason Road, Carlisle, PA 17013, 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 10, 2009, as evidenced by the Sheriff's deed recorded July 9, 2009 in the Office of the Recorder of Cumberland County in instrument # 200923830. 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. By. \ Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Francis S. Hallinan, Esq., -Daniel G. Schmieg, Esq., Michelle M. Bradford, Esq., Judith T. Romano, Esq. Sheetal R. Shah-Jani, Esq., Jenine R. Davey, Esq., Lauren R. Tabas, Esq., Vivek Srivastava, Esq., Jay B. Jones, Esq., Peter J. Mulcahy, Esq. Andrew L. Spivack, Esq., Jaime McGuinness, Esq., Chrisovalante P. Fliakos, Esq., Joshua I. Goldman, Esq., Courtenay R. Dunn, Esq., Andrew C. Brambles, Esq., Attorney for Plaintiff ALL THAT CERTAIN tract of land situate in the village of Greason, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. BEING the same premises which Danny L. Turner and Carol L. Turner, husband and wife by Deed dated November 3, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 114, Page 711 granted and conveyed unto Michael A. Blessing. .? VERIFICATION I hereby state that I am 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. v `j Date Attorney for Plaintiff ?S no, JUL 6D Ore.., 1 ? ? 3? ? R Thomas Kline Sheriff s Office of Cumberland County Sheriff d.°~t~tit'~ at ~'nmGrr/,t~r4 Ronny R Anderson Chief Deputy ~' ~ . ~'~ ` ~ Jody S Smith Civil Process Sergeant a ~E c,~ r"° `"sa~~~ Edward L Schorpp Solicitor ,, r J~ ~.'.~ C' a _`i~.,-i F Bank of New York Mellon vs. James S. Wrightstone Case Number 2009-4962 SHERIFF'S RETURN OF SERVICE 07/28/2009 11:31 AM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: James S. Wrightstone, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant James S. Wrightstone. Request for service at 334 treason Road Carlisle, PA 17013 is vacant. Per Carlisle Postmaster the defendant has moved and left no forwarding address. An exact address is not available. SHERIFF COST: $33.40 SO ANSWERS, -/ August 04, 2009 R THOMAS KL E, SHERIFF