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HomeMy WebLinkAbout10-4687Phelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32 227 -Francis S. Hallinan, Esq., Id. No. 62 95 F;t [ u r t Daniel G. Schmieg, Esq., Id. No. 622 05 11C THE F`-" ,RY Michele M. Bradford, Esq., Id. No. 6 849 Judith T. Romano, Esq. Id. No. 5874 1010 J`_ 16 Wh 12: 4 t) Sheetal R. Shah-Jani, Esq., Id. No. 8 760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 9333 CUw{ 4 Jy???jV Vivek Srivastava, Esq., Id. No 20233 .' ' +' t 1=I`d '4 t Vr ,;ra Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84 39 Jaime McGuinness, Esq., Id. No. 90 34 ?-? Chrisovalante P. Fliakos, Esq., Id. N D. 94620 Joshua 1. Goldman, Esq., Id. No. 20 047 Courtenay R. Dunn, Esq. Id. No. 21 6779 Andrew C. Bramblett, Esq., Id. No. 208375 One Penn Center @ Suburban Stati n Attorney for Plaintiff Suite 1400 Philadelphia, PA 19103 Suntrust Mortgage, Inc. 1001 Semmes Avenue, P.O. Box 27767 Court of Common Pleas Richmond, VA 23224-7767 Civil Division V. Cumberland County Ximena R. Boyer No. A) " L// ?--7 Cv(r Or Occupants 7(0 30 Ashburg Drive Mechanicsburg, PA 17050-8203 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 o a lien against property.** NOTICE You have been sued in court. If y u 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 1 forth below to find out where you information about agencies that PHS #: 241995 lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set get legal help. If you cannot afford to hire a lawyer, this office may be able to provide you with 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 C.k* 7crdo DT k0 n-41K- 3Y I r 1. Plaintiff is Suntrust Mortgage, Inc.. 2. Defendant is Ximena R. Boyer r Occupants. 3. Plaintiff is the record owner of remises located at 30 Ashburg Drive, Mechanicsburg, PA 17050-8203, a legal description of which is attache q. 4. Plaintiff became the owner of sa d premises as a result of the foreclosure and judicial sale by the Sheriff of Cumberland County, on June , 2010, as evidenced by the Sheriff's deed recorded July 7, 2010 in the Office of the Recorder of Cumberland Cou tv in instrument # 201018172. 5. Plaintiff, by virtue of the al defendant is occupying the 6. Plaintiff has demanded possession of same. WHEREFORE, plaintiff seeks is the record owner of said premises, and is entitled to possession thereof. The premises without right and so far as the plaintiff is informed, without claim of title. of the said premises from the said defendant who has refused to deliver up to recover possession of said premises. By: Phelan, Hallinan & Schmieg, LLP La ce T. Phelan, Esq., Id. No. 32227 rancis 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 A V ALL THAT CERTAIN lot Cumberland County, P follows, to wit: tract of land situate in Silver Spring Township, ylvania, more particularly bounded and described as BEGINNING at a point the southwest corner curve to the left, s distance of 24.11 fe 17 minutes 23 second along lands now or f North 75 degrees 50 point; thence along distance of 144.32 f CONTAINING 0.08 acre ,n the northern right-of-way line of Ashburg Drive at ,f Lot No. 16; thence along said right-of-way line by a d curve having a radius of 385.00 feet and an arc to a point; thence along Lot No. 14 North 10 degrees West, a distance of 140.45 feet to a point; thence merly of Max Hempt, Deed Book 21, Volume 'B', Page 651 nutes 50 seconds East, a distance of 24.05 feet to a t No. 16 South 10 degrees 17 minutes 23 seconds East, a t to a point, said point being the place of BEGINNING. HAVING THEREON ERECTED a two-story townhouse known and numbered as 30 Ashburg Drive, Mechanicsburg, PA 17050. BEING LOT NO. 15 as s own on a Final Land Subdivision Plan of Phase I of Waterford Square prep red by H. Edward Black and Associates and recorded in the Office of the Rec rder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 67, Page 74. BEING PART OF THE SAM PREMISES which Waterford Square Associates, Inc., a Pennsylvania corporation, by its deed dated May 17, 1996, and recorded May 21, 1996, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 139, Page 670, granted and conveyed unto Fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR herein VERIFICATION I hereby state that I amt 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 bel ef. I was the attorney for the Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action. I m with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the property on half 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 io authorities. 7 i Date Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~titr ut ~ mhbcr~~~~ ~ ~ ~ QF#'~CE r r rr,E >rRIFF ~FF1~~.~~~17SA~Y ~~~ A~,,, ~~ pi~12' .,*~ ~ , t.VP~ Suntrust Mortgage, Inc. Case Number vs. Ximena R. Boyer 2010-4687 SHERIFF'S RETURN OF SERVICE 08/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 30 Ashburg Drive, Mechanicsburg, PA 17050, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Occupant. Request for service at 30 Ashburg Drive, Mechanicsburg, PA 17050 is vacant. 08/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Ximena R. Boyer, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Ximena R. Boyer. Request for service at 30 Ashburg Drive, Mechanicsburg, PA 17050 is vacant. SHERIFF COST: $63.00 August 27, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c CouniySui[e Sheriff, ieleosoft, 4nL. of coM David 1a quell e;, Wenee X Simpson Prothonotary 3 1., (- 15` Deputy Prothonotary -��• � 1. ,`Q 11 1 41. o Morrow �irkS. Sohonage, ES Q Irene E. Solicitor 1750 2"d Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 1,6- 41087 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fac(717)240-6573