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HomeMy WebLinkAbout01-7098FEDERMAN AND PHELAN, L.L.P By: Frank Federman, Esquire Identification No. 12248 Attorney for Plaintiff One Penn Center ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Federal Home Loan Mortgage Corporation Foreclosure Unit, Mail Stop 61 P.O. Box 5000 Vienna, VA 22183-5000 Peggy D. Felix a/k/a Peggy D. Swensson Or Occupants 115 Cherry Grove Road Shippensburg, PA 17257 Court of Common Pleas Civil Division : Cumberland County : Term :No. 01-'7Oq CIVIl, ACTION = E.I-ECTMF~NT = 3020 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1. Plaintiff is Federal Home Loan Mortgage Corporation. 2. Defendant is Peggy D. Felix a/k/a Peggy D. Swensson Or Occupants. Plaintiffis the equitable owner of premises located at 115 Cherry Grove Road, Shippensburg, PA 17257, a legal description of which is attached. 4. Plaintiff became equitable owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County on December 5, 2001. Plaintiff, by virtue of the above, is the equitable owner of said premises, and is entitled to possession thereof. The defendant is occupying the said premises without fight, and so far as the plaintiff is informed, without claim of title. WHEREFORE, plaintiff seeks to recover possession of said premises. · Pr~rn~ses: 115 CHERRY GROVE ROAD, TOWNSHIP OF SOUTHAMPTON CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIPTION ALL THOSE TWO CERTAIN tracts of ground situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT NO. 1: BEGINNING at the railroad spike in the centerline of Township Road 302 at comer of Lot No. 16 and the land herein conveyed; thence by the centerline of the said Township Road 302, North thirty-six (36) degrees eight (08) minutes West, one hundred fifty (150) feet to a railroad spike at the Northwest comer of Lot No. 17; thence by land now or formerly of Floyd J. Vamer and Phyllis D. Vamer, his wife, North fifty-three (53) degrees fifty-two (52) minutes East, two hundred twenty-five (225) feet to an iron pin; thence by land now or formerly of Varner, South thirty-six (36) degrees eight (08) minutes East one hundred fifty (150) feet to an iron pin at comer of Lot No. 16; thence by Lot No. 16, South fifty-three (53) degrees fifty-two (52) minutes West, two hundred twenty-five (225) feet to a railroad spike in the centerline of Township Road 302, the place of beginning. BEING Lot No. 17 in Plan of Lots of Carl D. Bert, R.S., made January 9, 1975, for Floyd J. Vamer, and recorded in Cumberland County Plan Book 26, at Page 137. TRACT NO. 2: BEGINNING at a railroad spike set in the center of Township Route 302 on comer of lands now or formerly of Floyd J. Vamer and Phyllis D. Vamer, his wife; thence by said lands now or formerly of Vamer, North fifty-three (53) degrees fifty-two (52) minutes zero (00) seconds East, two hundred twenty-five (225) feet to a set iron pin; thence by the same, South thirty- two (32) degrees forty-five (45) minutes zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet to a set iron pin at comer of Tract No. 1 above; thence by said Tact No. 1, South fifty- three (53) degrees fifty-two (52) minutes zero (00) seconds West, two hundred twenty-five (225) feet to an existing railroad spike set in the centerline of Township Route 302; thence by the centerline of said roadway, South thirty-two (32) degrees forty-five (45) minutes zero (00) seconds fifty and sixty-five hundredths (50.65) feet to a set railroad spike, the place of beginning. CONTAINING a total lot area of 2612 acres and known as Lot No. 17A as per subdivision draft prepared by John R. Kissinger, R.S., dated Febrnary 27, 1984, and recorded in Cumberland County Plan Book 45, at Page 142. SUBJECT to dedicated right-of-way lines and building setback lines per the above-described subdivision draft. BOTH Tracts No. 1 and 2 above are subject to the additional restriction that neither tract may be sold as a separate lot (see Subdivision Plan prepared by John R. Kissinger, R.S., dated February 27, 1984, as recorded in Cumberland County Plan Book 45, at Page 142. BEING Tax Parcel #39-14-0171-059. VERIFICATION Frank Federman, Esquire hereby states that he is the Attorney for the Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Ejectment are tree and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: SHERIFF'S RETURN CASE NO: 2001-07098 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDEPJtL HOME LOAN MORTGAGE COR VS FELIX PEGGY D A/K/A PEGGY D SW - REGULAR DOUGLAS DONSEN Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWENSSON PEGGY D A/K/A PEGGY D FELIX the DEFENDANT , at 1235:00 HOURS, on the 2nd day of January , 2002 at 115 CHERRY GROVE ROAD SHIPPENSBURG, PA 17257 PEGGY Do SWENSSON a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.00 Affidavit .00 Surcharge 10o00 .00 41.00 Sworn and Subscribed to before me this ~ day of ~ Prothonotary So Answers: R. Thomas Kline 01/03/2002 FEDERMg2q/~i~L~ By:~ Deputy Sheriff FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 One Penn Center ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Federal Home Loan Mortgage Corporation ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs No. 01-7098 Peggy D. Felix a~k/a Peggy D. Swansson Or Occupants Cumberland County 115 Cherry Grove Road Shippensburg, PA 17257 PR &F,C~IPF, FOR .II~GME, NT IN E.mCTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Federal Home Loan Mortgage Corporation and against the Defendant(s) Peggy D. Felix a/k/a Peggy D. Swensson and Or Occupants for possession of premises 115 Cherry Grove Road, Sl~ppensburg, PA i7257 for failure to file an Answer within twenty (20) days of service. I hereby certify that according to Rule 237.1, written 10 day notice of Plaintiffs intention to file a praecipe for Entry of default Judgment was mailed to Defendant(s), a true and correct copy of which is attached hereto. Default Judgment entered as indicated above. ESQUIRE DATE FEDERMAN AND PHELAN, L.L.P By: Frank Federman, Esquire Identification No. 12248 One Penn Center ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Federal Home Loan Mortgage Corporation Peggy D. Felix adk/a Peggy D. Swensson Or Occupants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 01-7098-CIVIL TERM TO: Peggy D. Felix a/k/a Peggy D. Swensson Or Occupants 115 Cherry Grove Road Shippensburg, PA 17257 DATE OF NOTICE: January 2~_ 2f10~, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAaND COUNTY BAR ASSOC/ATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 · ~/ .F~lnk Fede~an, ~quire t_..-~ttomey FEDERMAN AND PHELAN L.L.P. BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 One Penn Center Plaza ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF Federal Home Loan Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION VS Peggy D. Felix a/Fda Peggy D. Swensson Or Occupants 115 Cherry Grove Road Shippensburg, PA 17257 No. 01-7098 Cumberland County VERIFICATION OF NON=MII,ITAI~V ~ERViCE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is Attorney for Plaintiff in the above captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) That the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) That defendant Peggy D. Felix a/k/a Peggy D. Swensson Or occupants, is over 18 years of age, and resides at 115 Cherry Grove Road, Shippensburg, PA 17257. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. SQUIRE PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Federal Home Loan Mortgage Corporation vs Peggy D. Felix a/k/a Peggy D. Swensson Or Occupants 115 Cherry Grove Road Shippensburg, PA 17257 COURT OF COMMON PLEAS CIVIL DIVISION No. 01-7098 Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 115 Cherty Grove Road, Shippensburg, PA 17257 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 115 Cherry Grove Road ESQU (~FTO~ PLA~ Pr~e .rnisesi 115 CHERRY GROVE ROAD, TOWNSHIP OF SOUTHAMPTON CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIPTION ALL THOSE TWO CERTAIN tracts of ground situate in Southampton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT NO. I: BEGINNING at the railroad spike in the centerline of Township Road 302 at corner of Lot No. 16 and the land herein conveyed; thence by the centerline of the said Township Road 302, North thirty-six (36) degrees eight (08) minutes West, one hundred fifty (150) feet to a railroad spike at the Northwest comer of Lot No. 17; thence by land now or formerly of Floyd J. Varner and Phyllis D. Vamer, his wife, North fifty-three (53) degrees fifty-two (52) minutes East, two hundred twenty-five (225) feet to an iron pin; thence by land now or formerly of Vamer, South thirty-six (36) degrees eight (08) minutes East one hundred fifty (150) feet to an iron pin at comer of Lot No. 16; thence by Lot No. 16, South fifty-three (53) degrees fifty-two (52) minutes West, two hundred twenty-five (225) feet to a railroad spike in the centerline of Township Road 302, the place of beginning. BEING Lot No. 17 in Plan of Lots of Carl D. Bert, R.S., made January 9, 1975, for Floyd J. Vamer, and recorded in Cumberland County Plan Book 26, at Page 137. TRACT NO. 2: BEGINNING at a railroad spike set in the cemer of Township Route 302 on corner of lands now or formerly of Floyd J. Vamer and Phyllis D. Vamer, his wife; thence by said lands now or formerly of Varner, North fifty-three (53) degrees fifty-two (52) minutes zero (00) seconds East, two hundred twenty-five (225) feet to a set iron pin; thence by the same, South thirty- two (32) degrees forty-five (45) minutes zero (00) seconds East, fifty and sixty-five hundredths (50.65) feet to a set iron pin at corner of Tract No. 1 above; thence by said Tact No. 1, South fifty- three (53) degrees fifty-two (52) minutes zero (00) seconds West, two hundred twenty-five (225) feet to an existing railroad spike set in the centerline of Township Route 302; thence by the centerline of said roadway, South thirty-two (32) degrees forty-five (45) minutes zero (00) seconds fifty and sixty-five hundredths (50.65) feet to a set railroad spike, the place of beginning. CONTAINING a total lot area of 2612 acres and known as Lot No. 17A as per subdivision draft prepared by John R. Kissinger, R.S., dated February 27, 1984, and recorded in Cumberland County Plan Book 45, at Page 142. SUBJECT to dedicated right-of-way lines and building setback lines per the above-described subdivision draft. BOTH Tracts No. 1 and 2 above are subject to the additional restriction that neither tract may be sold as a separate lot (see Subdivision Plan prepared by John R. Ydssinger, R.S., dated February 27, 1984, as recorded in Cumberland County Plan Book 45, at Page 142. BEING Tax Parcel #39-14-0171-059. OFFICE OF ThE $ttERIFF CI, N. ~:: 3UNTY FEB 8 I 10 ~iI '02. P E N ~i S '( LVAN iA Bv ~dr:~e o£ :~ ::Tic, on ::--e ..................... d-a~- ,x' .................................... :? ...... [ csuaed _4,.e wirJ'~in na.-ne~, ......................................................................... :o ;'m;-e ~session o( ~e, pr..~mi~ desc,,;bed '.¥1rh :he xp.a~r:.--:-.a.-,c,~. ~.'~d ....................................... WRIT OF POSSESSION RETURNED STAYED, PROPERTY IS VACATED, AS PER JOE GARDELLIS SHERIFF'S COSTS: ADVANCE COSTS: $ 150.00 ~d ~i<~ ~-I-~T:- ........... $ - - -£ 8-,-0 O- ............................... Sl-~R-I FF ~ S- -C'O-S'I~S' .~ - -- 5 3: ~'5 ..... POUNDAGE 1.05 96.15 FROTHCr~OT'AR¥ ............ i-.~6)- .................................................................... MILAGE 13.80 REFUNDED TO ATTY ON 3/-15/0.~ S~ R~HA-BG-F_- ............. _20_00_ ............................................................... ' ..... · 53.85 __~ ........................ .~.~ P . W-R_VT OF POSSESSION' ' Ej¢cnaenr Proceedings PRCP 3 i60 - $ I65 ¢:c? FEDERAL HOME LOAN MORTCAC~ CORPORATION :.i¥ 'r! , COURT C0.,£.:,£0N PL~ .OF -'-LE OF ~ ' ' PEGGY D. FELIX a/k/a PEGGY D. SWENSSON: OR OCCUPANTS C~ ........................ ~%L H(~E LOAN NORTC~GE (H)RPORATION .......................................... ' .............................................. b=;..ng: , p.-~_~.~-~ :'oT:ow~) : 115 C~:P-RYiGROVE ROAD SHIPP--EI~SB~O. PA 17257 February 7, 2002 ;.~.~L} ........ Cur t_'~S'~_~__bp_n_g_ ..................... P,-o~.ho=oc=.?. C~.-m._.-=c..T p,.~ Ccu:=. ,~£ ;