HomeMy WebLinkAbout01-1650FEDERMAN 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
(215) 563-7000
Attorney for Plaintiff
CHASE MANHATTAN MORTGAGE CORPORATION,
F/K/A CHEMICAL RESIDENTIAl, MORTGAGE
CORPORATION
3415 VISION DRIVE
COLUMBUS, OH 43219
NATHAN K. McNAUGHTON
OR OCCUPANTS
4190KITTATINNYDRIVE
MECHANICSBURG, PA 17055
Court of Common Pleas
Civil Division
CUMBERLAND County
Term
CIVIL ACTION - E.IECTMENT - ~020
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
Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION, F/K/A CHEMICAL
RESIDENTIAL MORTGAGE CORPORATION.
2. Defendant is NATHAN K. McNAUGHTON OR OCCUPANTS.
Plaintiff is the owner of premises located at 4190 KITTATINNY DRIVE,
MECHAN1CSBURG, PA 17055, a legal description ofwhich is attached.
Plaintiffbecame owner of said premises by a Deed from the Sheriff of CUMBERLAND
County, which Deed was lodged and settlement made with the Sheriff (Abstract of Title).
Plaintiff, by virtue of the above, is the owner of said premises, and is entitled to possession
thereof. The defendant is occupying the said premises without right and so far as the plaintiffis
informed, without claim of title.
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.
ARACOR Search and Abstract Services, bzc.
One Penn Center, 1617 J.F.K. Boulevard, &rite 305
Philadelphia, P~nnsylvatzia 19103
(215) 496-0900
FAX (215) 496-0904
RECORD OWNER AND LIEN CERTIFICATE
Effective Date: 2/16/2000
Order Number: A39313
Client Number: MCNAUGHTON
Premises:
4190 KITTATINNY DRIVE, TOWNSHIP OF HAMPTON
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 THAT CERTAIN lot or tract of land and premises, Situate in the Township of Hampden,
Cumberland County, Commonwealth of Pennsylvania, more particularly described as follows:
BEGINNING at a point on the Northern right-of-way line of Kittatinny Drive (64' wide private), at
the dividing line of Lot #76 and Lot #77; said point also being located 781.28 feet West of the
Northwest corner of Kittatinny Drive and Tussey Court.
THENCE by the Northern right-of-way line of Kittatinny Drive North 82 degrees 02 minutes 02
seconds West 20.00 feet to a point; thence by line of Lot #78 and passing through the center of a
partition wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point; thence by line of
land now or formerly of J.P. Roth, South 82 degrees 02 minutes 02 seconds East 20.00 feet to a
point; thence by line of Lot #76 and passing through the center of a partition wall South 07 degrees
57 minutes 58 seconds West 100.00 feet to a point on the Northern right-of-way line of Kittatiimy
Drive, the place of beginning.
CONTAINING 2,000 square feet.
BEING Lot #77 on Final Subdivision Plan of Mountain View Village Phase IV recorded in Plan
Book 60, page 87B.
UNDER AND SUBJECT to certain restrictions and conditions as appear of record in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 392
page 787, Miscellaneous Book 393 page 557 and Miscellaneous Book 414, page 1102.
Tax Parcel # 10-15-1285-127
VERIFICATION
R01~RT C~STE~ Hereby states that he/she is the is the
~$1~'r~A~ Of CHASE MANHATT~ MORTGAGE
CORPORATION Mortgage servicing agent for the Plaintiffin this matter, that he/she is
authorized to take this Verification, and that the statements made in the foregoing Civil
Action in Ejectment are true and correct to the best of his/her 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:
~RO~RT CHESTER
SHERIFF'S RETURN
CASE NO: 2001-01650 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MANHATTAN MORTGAGE CORP
VS
MCNAUGHTON NATHAN K
- REGUIJkR
BRIAi~ M.BARRICK ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - EJECTMENT
MCNAUGHTON NATHAN K
DEFENDANT at 1810:00 HOURS,
at 4190 KITTATINNY DRIVE
MECHANICSBURG, PA 17055
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 19th day of April , 2001
by handing to
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.06
Affidavit .00
Surcharge 10.00
.00
36.06
Sworn and Subscribed to before
me this ~q ~ day of
'~r ~] A.D.
othonotary t v -
So Answers:
R. Thomas Kline
04/20/2001
FEDERMAN AND~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
ATTORNEY FOR PLAINTIFF
CHASE MANHATTAN MORTGAGE CORPORATION, F/K/A
CHEM1CAL RESIDENTIAL MORTGAGE CORPORATION
COURT OF COMMON PLEAS
VS
NATHAN K. McNAUGHTON
OR OCCUPANTS
4190 KITTAT1NNY DRIVE
MECHANICSBURG, PA 17055
CIVIL DIVISION
No. 01-1650-CIVIL
CUMBERLAND County
PRAECIPE FOR JUDGMENT lN E.W, CTMENT
TO THE PROTHONOTARY:
Kindly enter Judgment in Ejectment in favor of the Plaintiff, CHASE MANHATTAN MORTGAGE
CORPORATION, F/K/A CHEMICAL RESIDENTIAL MORTGAGE CORPORATION and against the Defendant(s)
NATHAN K. McNAUGHTON amd OR OCCUPANTS for possession of premises 4190 K1TTATINNY DRIVE ,
MECHANICSBURG, PA 17055 for failure to file an Answer within twenty (20) days of service.
[ 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.
DATE
FEDERMAN AND PHELAN
Frank Federman. Esquire
Identification Number 12248 ATTORNEY FOR PLAINTIFF
One Penn Center ~ Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
CHASE MANHATTAN MORTGAGE CORPORATION,
F/KJA CHEMICAL RESIDENTIAL MORTGAGE CORPORATION
COURT OF COMMON PLEAS
NATHAN K. MCNAUGHTON
OR OCCUPANTS
CIVIL DIVISION
CUMBERLAND COUNTY
No. 2001-01650-CIVIL TERM
TO: NATHAN K. MCNAUGHTON OR OCCUPANTS
4190 KITTATINNY DRIVE
MECHANICSBURG, PA 17055
DATE OF NOTICE: MAV 10, 2001
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.
1MPORTANTNOTICE
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:
CUMBERLAND COUNTY COURTHOUSE
COURT ADMINISTRATOR
4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
Frank Federman, Esquire
Attorney for Plaintiff
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
CHASE MANHATTAN MORTGAGE CORPORATION, F/K/A
CHEMICAL RESIDENTIAL MORTGAGE CORPORATION
COURT OF COMMON PLEAS
CWIL DIVISION
VS
NATHAN K. McNAUGHTON
OR OCCUPANTS
4190 KITTATINNY DRIVE
MECHANICSBURG, PA 17055
No. 01-1650-CIVIL
CUMBERLAND County
VERIFICATION OF NON-MIl ,ITARY SERVICE
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 NATHAN K. McNAUGHTON Or occupants, is over 18 years of age, and
resides at 4190 KITTATINNY DRIVE, MECHANICSBURG, PA 17055.
This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn
falsification to authorities.
Attorney for Rlai~ff
PRAECIPE FOR WRIT OF POSSESSION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE MANHATTAN MORTGAGE CORPORATION, F/K/A
CHEMICAL RESIDENTIAL MORTGAGE CORPORATION
¥S
NATHAN K. McNAUGHTON
OR OCCUPANTS
4190 KITTATINNY DRIVE
MECHAN1CSBURG, PA 17055
COURT OF COMMON PLEAS
CIVIL DIVISION
No. 01-1650-CML
CUMBERLAND County
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY:
Issue Writ of Possession in the above matter for possession off
4190 KITTATINNY DRIVE,
MECHANICSBURG, PA 17055
**PLEASE SEE THE ATTACHED LEGAL DESCRIPTION***
Being Known as No. 4190 KITTATINNY DRIVE
ARACOR Search and Abstract Services, Inc.
One Penn Cente~; 16I 7 J.F.K. Boulevard, Stdte 305
Philadelphia, P~nnsylvama 19103
(215) 496-0900
FAX (215) 496-0904
RECORD OWNER AND LIEN CERTIFICATE
Effective Date: 2/16/2000
Order Number: A39313
Client Number: MCNAUGHTON
Premises:
4190 KITTATINNY DRIVE, TOWNSHIP OF HAMPTON
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 THAT CERTAIN lot or tract of land and premises, Situate in the Township of Hampden,
Cumberland County, Commonwealth of Pennsylvania, more particularly described as follows:
BEGINNING at a point on the Northern right-of-way line of Kittatinny Drive (64' wide private), at
the dividing line of Lot #76 and Lot #77; said point also being located 781.28 feet West of the
Northwest corner of Kittatinny Drive and TUssey Court.
THENCE by the Northern right-of-way line of'Kittatinny Drive North 82 degrees 02 minutes 02
seconds West 20.00 feet to a point; thence by line of Lot #78 and passing through the center of a
partition wall North 07 degrees 57 minutes 58 seconds East i00.00 feet to a point; thence by line of
land now or formerly of J.P. Roth, South 82 degrees 02 minutes 02 seconds East 20.00 feet to a
point; thence by line of Lot//76 and passing through the center of a partition wall South 07 degrees
57 minutes 58 seconds West 100.00 feet to a point on the Northern right-of-way line of Kittatinny
Drive, the place of beginning.
CONTAINING 2,000 square feet,
BEING Lot//77 on Final Subdivision Plan of Mountain View Village Phase IV recorded in Plan
Book 60, page 87B.
UNDER AND SUBJECT to certain restrictions and conditions as appear of record in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 392
page 787, Miscellaneous Book 393 page 557 and Miscellaneous Book 414, page 1102.
Tax Parcel// 10-15-1285-127