Loading...
HomeMy WebLinkAbout09-7847 Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel 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 Federal Home Loan Mortgage Corporation 5000 Plano Parkway Court of Common Pleas Carrollton, TX 75010 Civil Division V. Cumberland County Clyde E. Miller No. 04 Or Occupants 110 Boyer Street Summerdale, PA 17093-8020 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 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 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 #: 216645 1. Plaintiff is Federal Home Loan Mortgage Corporation. 2. Defendant is Clyde E. Miller Or Occupants. 3. Plaintiff is the record owner of premises located at 110 Boyer Street, Summerdale, PA 17093-8020, 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 September 2, 2009, as evidenced by the Sheriff's deed recorded September 29, 2009 in the Office of the Recorder of Cumberland County in instrument # 200933432 a true and correct copy of which is attached hereto, made party hereof, and marked as Exhibit "A". 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., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele 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., Id. No. 208375 Attorney for Plaintiff EXHIBIT "A" -Yoe LI-0. 36c% e_ a , !? 001 K07 In O Tax Parcel No. 09-11-3004-044 Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar), to me in hand paid, do hereby grant and convey to Federal Home Loan Mortgage Corporation Sale No. 63 Writ No. 2009-1935 Civil Term GMAC Mortgage, LLC VS. Clyde E. Miller Lynne D. Miller Atty: Daniel Schmieg ALL that certain piece or tot of ground situate in the Township of East Pennsboro, in the County of Cumberland, the State of Pennsylvania, being Lot Number 82, Section 'C', in the Plan of Summerdale, Pennsylvania, as recorded in the Office for the Recording of Deeds in and for the County of Cumberland, at Carlisle, Pennsylvania, in Plan Book Number 1, Page 44 (Revised Plan Book Number 2, Page 109) being more particularly bounded and described as follows, to wit: BEGINNING at a point at the Southeastern corner of Lot Number 83, said point being on the North side of Boyer Street; thence, in a Northerly direction along the line dividing Lots Numbers 82 and 83, a distance of One Hundred Fifty (150) feet, to a point on the South side of a twelve (12) feet wide alley; thence, in an Easterly direction along the South edge of said twelve (12) feet wide alley, a distance of Fifty (50) feet, to a point on the South side of said twelve (12) feet wide alley, said point also being the Northwest corner of Lot Number 81; thence in a Southerly direction along the line dividing Lots Numbers 81 and 82, a distance of One Hundred Fifty (150) feet, to a point on the North side of Boyer Street, said point also being the Southwest corner of Lot Number 81; and thence, in a Westerly direction along the North side of Boyer Street, a distance of fifty (50) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story frame dwelling house. UNI)ER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of- way of record. TITLE TO SAID PREMISES IS VESTED IN Clyde E. Miller and Lynne D. Mille!, h/w, by Deed from Ronald E. Burger, Sr. and Beverly A. Burger, wt w, laatted U171f671993, recorded 01/09/1995 in Book 117, Page 345. PREMISES BEING: 110 BOYER STREET, SUMMERDALE, PA 17093-8020 PARCEL NO. 09-11- 3004-044 control # The same having been sold by me to the said grantee on the 2nd day of September, Anno Domini Two Thousand and Nine (2009) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 21`t of May Anno Domini 2009 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Nine (2009) Number 1935 at the suit of GMAC Mortgage, LLC -vs- Clyde E. Miller and Lynne D. Miller. In Witness Wereof, I have hereunto affixed my signature this 24 day of September Anno Domini Two Thousand and Nine (2009) Thomas ne, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 24 day of September Anno Domini Two Thousand and Nine (2009) NOTARIAL SEAL' PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 I hereby certify that the residence And Post Office address of the Within Grantee is 5000 Plano Parkway Carrollton, TX 75010 Solicitor • ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200933432 Recorded On 9/29/2009 At 10:09:52 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 53186 User ID - MSW * Grantor - MILLER, CLYDE E * Gtantee - FEDERAL HOME LOAN MTG CORP * Customer - SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 EAST PENNSBORO SCHOOL $0.00 DISTRICT EAST PENNSBORO TOWNSHIP $0.00 TOTAL PAID $49.50 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OIDZDS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111111111011111 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. - ?' (if) q Date 4 -0?19 1?I 1 Attorne or Plaintiff cj?g FILEC' `17 TP- 2109N,'d 12 NI 1: 2 $78. so7aL CK4 87y44L a .3.3.3 816 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline FILED-oFi ICE Sheriff s PC', TI-{t MT*y Ronny R Anderson ut Chi f De ??? ??? 19 p ??? 5 y e p Jody S Smith Civil Process Sergeant OF€i .E OF ``- s "E RIF CIIMEr. , "u 00UN Y PENN A 8YLV, 'VfA, Edward L Schorpp Solicitor Federal Home Loan Mortgage Case Number vs. Clyde E. Miller 2009-7847 SHERIFF'S RETURN OF SERVICE 11/16/2009 08:12 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2009 at 2012 hours, she served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Clyde E. Miller, by making known unto himself personally, at 110 Boyer Street Summerdale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $42.40 November 17, 2009 SO AN-SWE R THOMAS KLINE, SHERIFF Depu y Sheriff ;C7 CCUrtySWO Sherff. TeleosofC. inc, SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~;L..~~ Ronny RAnderson -- 1, ~~ ~ .~,-;~~vi Sheriff ~ti~tititis, ~C ~'n+r~t,T~.~~7 ., Jody S Smith ~" `~ Z~i~ ~~~s`.1 e.~ i ;:' c: Chief Deputy Edward L Schorpp ~ ~ ~ ~ ~ ' _~"°' v 1, ~ ~.~ ~ `< Federal Home Loan Mortgage vs. Clyde E. Miller Case Number 2009-7847 SHERIFF'S RETURN OF SERVICE 01/21/2010 01:35 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on January 21 2010 at 1335 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: Occupant, at 110 Boyer Street, Summerdale, Cumberland County, Pennsylvania 17093. At that time it was learned from defendant Clyde E. Miller that there were no other occupants of the residence. 01/21/2010 01:35 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 21, 2010 at 1335 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Clyde E. Miller, by making known unto Clyde E. Miller personally at 110 Boyer Street, Summerdale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to him personally the said true and correct copy of the same. So Anse s, Ron R. Anderson, Sheriff f -- ~~,.~ Noah Cline, Deputy C: C~u! y5 iilc ahe 'f ',. Inr,. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ - '- Sheriff , ~[ ~~u„trr _: ; .,,r,,, ~ttYlti r[;~f Jody s smith ~'~ ~ `~ Z~?1Q ~~~, ~ ~.r E,~ ~ : P Chief Deputy ~' ~. . Edward L Schorpp - ~~~-',':.:- Solicitor ~r~r~s~r~~~_ s~=ai~~ r- - Federal Home Loan Mortgage vs. Clyde E. Miller Case Number 2009-7847 SHERIFF'S RETURN OF SERVICE 01/21/2010 01:35 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on January 21 2010 at 1335 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: Occupant, at 110 Boyer Street, Summerdale, Cumberland County, Pennsylvania 17093. At that time it was learned from defendant Clyde E. Miller that there were no other occupants of the residence. 01/21/2010 01:35 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 21, 2010 at 1335 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Clyde E. Miller, by making known unto Clyde E. Miller personally at 110 Boyer Street, Summerdale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/22/2010 By virtue of this writ, on the 22nd day of February 2010, Sheriff Ronny R. Anderson caused the within named Federal Home Loan Mortgage Corporation to have possession of the premises described as 110 Boyer Street, Summerdale, Pennsylvania 17093-8020. SHERIFF COST: $104.24 February 24, 2010 SG ~G L; ~~ ~~~ b~u~ `,~.~ .. ~ alp 'n.. :r. _. _~ .. _. .. SO ANSWERS, "''~ R R ANDERSON, SHERIFF By -~n R. 'Lantz ~~. ~~ ~~ ~~ ~-3~~~ (r,) GeuntySuitt~ She!:ff. Teiecsoft. 1~7c. 2of2 No 09-7847 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL HOME LOAN MORTGAGE CORPORATION V S. CLYDE E. MILLER or OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 158.90 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: LAUREN R. TABAS, ESQUIRE - ID #87077 PHELAN, HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, STE 1400 ONE PENN CENTER PHILADELPHIA, PA 19103-1814 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy 1 _ . lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL HOME LOAN MORTGAGE CORPORATION VS. No. 09-7847 Civil Term_ CLYDE E. MILLER OR OCCUPANTS 110 Boyer Street Summerdale, PA 17093-8020 Costs Attorney's $ 158.90 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) FEDERAL HOME LOAN MORTGAGE CORPORATION being: (Premises as follows): 110 BOYER STREET, SUMMERDALE,PA 17093-8020 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. urtis R. Long, on ry, Common Pleas Court o umberland County, PA Date 12/23/09 (Seal)