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Home My WebLink About01-2096THOMAS I. PULEO IDENTIFICATION NO. 27615 620 Sentry Parkway, BLUE BELL, PENNSYLVANIA 19422 (610) 941- 3600 Suite 100 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, PA 19044 CUMBERLAND COUNTY COURT OF COMMON PLEAS D/VISION V, DONALD G. CLARK, JR. and KATHY R. CLARK 513 South Pitt Street Carlisle, PA 17013 CIVIL ACTION- E .COMPLAINT TERM. "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 twenty (20) days after this complaint and notice are served, by entering a wdtten 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 any 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. Court Administrator 4th Floor, ~rland County Courthouse Carlisle, PA 17013 (717) 240-6200 "AVISO *Le hah demandado a usted en la corte. Si usted quiere defenderse de estas dernandas expueslas en las p~ginas siguientes, usted tiene veinte (20) dias, de plazo al partir de la fecha de la demanda y la notificati6n. Hace falta asentar una comparencia escdta o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomatO, medidas y puede continuar la demanda en contra suya sin pre~io aviso o notificacion. Adem~s, la coarte puede decidir a favor del demandante y requiem que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. *LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTI:. SI NO TIENE ABOGADO O SI NO TIENE l:L DINERO SUFICIENTE DE PAGAR TAL SERVlCiO, VAYA EN Pl:RSONA O LLAME POP TI:Li-"FONO A LA OFIClNA CUYA DIRECCl0N SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUFDE CONSl:GUIR ASlSTENClA Ll:GAL. Court Administrator 4th Floor, C~rland County Courthouse Carlisle, PA 17013 (717) 240-6200 LAW OFFICE OF THOMAS I. PULEO 620 SENTRY PARKWAY, SUITE 100 BLUE BELL, PENNSYLVANIA 19422 (610) 941-3600 BY: IDENTIFICATION NO. GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, PA 19044 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS DIVISION Ve DONALD G. CLARK, JR. and KATHY R. CLARK 513 South Pitt Street Carlisle, PA 17013 No. TERM. CIVIL ACTION COMPLAINT 1. Plaintiff, GMAC MORTGAGE CORPORATION, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 500 Enterprise Road, Suite 150, Horsham, Pennsylvania. 2. Defendants, DONALD G. CLARK, JR. and KATHY R. CLARK, are individuals presently residing at 513 South Pitt Street, Carlisle, Pennsylvania, and presently occupy the property without permission of the legal owner. 3. The said premises, 513 South Pitt Street, Carlisle, Pennsylvania, as more fully described in the -1- legal description attached hereto, made a part hereof and marked Exhibit "A", was sold by R. Thomas Kline, Sheriff of Cumberland County, at a Judicial or Sheriffs Sale held at Carlisle, Pennsylvania, on March 7, 2000, after due advertisement according to law, under and by virtue of a Writ of Execution issued on July 18, 2000, out of the Court of Common Pleas of Cumberland County, as of No. 2000-2941 Civil Term, at the suit of GMAC Mortgage Corporation v. Donald G. Clark, Jr. and Kathy R. Clark. 4. Said described property was purchased at the said sale by the attorney on the writ for the plaintiff herein, who is entitled to possession thereof. 5. Settlement on the writ for the above referenced property has been completed with the Sheriff of Cumberland County. 6. Defendants are presently in possession of the said premises and have not vacated the said premises subsequent to the Sheriffs Sale despite demands from the plaintiff for possession. 7. Plaintiffs abstract of title is attached hereto, made a part hereof and marked Exhibit "B". WHEREFORE, plaintiff prays that its right of possession of said premises be immediately ordered defendants and that a Writ of Possession be against Pm/~ therea~e~ Attorney for Plaintiff -2- DESCRIPTION ALL THOSE TWO (2) CERTAIN lots of land situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a surve D. P. Raffensperger Associates ' y prepared by i ...... ' ........ ~. ,.Registered Surveyors, dated July 25, 1984, a co of which sur ~ attacnect to me hereinafter recited deed, as follows: PY vey LOT NO. 1' BEGINNING at an iron pin on the east building line of South Pitt Street, 97.4 feet south of the building line of West Willow Street, at corner of land now or formerly of Meals Estate; thence along land-now or formerly of said Meals Estate, Dunldeberger, and Roy Minter South 8~° a'~, w~t 110.00 feet to a nail in concrete on me west sine or- a ten (10) foot public alley; thence along the west side of said alley, South 60 13' West 18.8 feet to an iron pin in the line dividing properties numbered 513 and 515 South Pitt Street; thence along same and through the center of a partition wall dividing properties numbered 513 and 515 South Pitt Street, North 830 47' West 110.00 feet to a point on the east building line of said South Pitt Street; thence along same, North 60 13' East 18 8 feet to an iron pin, the place of beginning. · HAVING thereon erected a vinyl siding dwelling house known and numbered as 513 South Pitt Street, Carlisle, Pennsylvania. LOT NO. 2: BEGINNING at an iron pin on the east side of the ten (10) foot public alley above mentioned, 113.83 feet south of the building line of West Willow Street, at corner of land now or formerly of Kline; thence South 830 47' East 70.0 feet to an iron pin at corner of land now or formerly of Meals Estate; thence along same, South 60 13' West 15.0 feet to an iron pin; thence along same, North 830 47' West 70.0 feet to an iron pin on the east side of said alley; thence along same, North 6° 13' East 15.0 feet to an iron pin, the place of beginning. EXHIBIT "A" ARA COR Search and Abstract Services, Inc. One Penn Center, 1617 J. F.K. Boulevard, &rite 305 Philadelphia, Pennsylvania 19103 (215) 496-0900 FAX (215) 496-0904 _RECORD OWNE..__.__R AND LIEN CERTI._.__~FICATE Order Number: Client Number- A40792 Effective Date- 4/12/2000 Premises' 513 SOUTH PITT STREET, BOROUGH OF CARLISLE C UMBERLA ND CO UNTY 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 (2) CERTAIN lots of land situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by D. P. Raffensperger Associates, Registered Surveyors, dated July 25, 1984, a copy of which survey is attached to the hereinafter recited deed, as follows' LOT NO. 1: BEGINNING at an iron pin on the east building line of South Pitt Street, 97.4 feet south of the building line of West Willow Street, at corner of land now or formerly of Meals Estate; thence along .land now or formerly of said Meals Estate, Dunkleberger, and Roy Minter, South 830 47' East ! 10.00 feet to a nail in concrete on the west side of a ten (10) foot public alley; thence along the west side of said alley, South 6° 13' West 18.8 feet to an iron pin in the line fiividing properties numbered 513 and 515 South Pitt Street; thence along same and through the center of a partition wall dividing properties numbered 513 and 515 South Pitt Street, North 830 47' West 110.00 feet to a point on the east building line of said South Pitt Street; thence along same, North 60 13' East 18 8 feet to an iron pin, the place of beginning. ' HAVING thereon erected a vinyl siding dwelling house known and numbered as 513 South Pitt Street, Carlisle, Pennsylvania. LOT NO. 2: BEGINNING at an iron pin on the east side of the ten (10)' foot public alley above mentioned, 113.83 feet south of the building line of West Willow Street, at corner of land now or formerly of Kline; thence South 830 47' East 70.0 feet to an iron pin at corner of land now or formerly of Meals Estate; thence along same, South 60 13' West 15.0 feet to an iron pin; thence along same, North 830 47' West 70.0 feet to an iron pin on the east side of said alley; thence alon~ same. North 60 13' East 15.0 feet to an iron pin, the place of beginning. EXHIBIT "B" ----,~n=~a s t~ AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: A40792 Client Number: RECORD OWNER Donald . ~ by Deed from Mark E. Pinker and Ka · ,G Clark, Jr. and Kathy R. Clark hi ' . ren A. Pinker · , s wife Deed Book 534, Page 222. , h~s wife dated 8/3/90, recorded 8/7/90, in Subject to the encumbrances and claims as follows. TAXES. Receipts for Township, County and School Taxes for the years 1997 to 1999, inclusive. Township, County and School Taxes for current year 2000. (Payment should be verified) 2000 Assessment $2,890.00 (Tax Parcel# 04-22-0483-072) WATER AND SEWER RENTS: Receipts for Water and Sewer Rents for the years 1997 to 1999 Water and Sewer Rents for current year 2000. ' (Payment should be verified) None ~MORTGAGES. o $69,29~.00 Donald G. Clark', Jr. and Kathy R. Clark To- Harbourton Mortgage Co., L.P. Dated. 7/25/96 Recorded. 8/2/96 Mortgage Book 1334, Page 517 ASSIGNED TO: GMAC Mortgage Corporation dated 1/2/98, recorded 1/2/98 in Miscellaneous Book 581, page 361. Assignee's Addr: Witmer Road, P.O. Box 963, Horsham, PA ~9044-0963 -2- ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number' A40792 Client Number: J__UDGMENTS- o Debbie Enterprises Ltd. & Debbie Ralph-vs- Kathy Clark //2000-287 1/14/2000 $1,760.25 Plaintiff's Addr- 11-17 Railroad Ave., Mechanicsburg, PA Defendant's Addr: 513 S. Pitt Street, Carlisle, PA 17013 BANKRUPTCIES. None filed in Cumberland County, PA. 17055 RE UIREMENTS/EXCEPTIONS: ,, ,, o NOTICE: Divorce Proceedings instituted in 1997-00242 filed 1/15/97 between Kathleen R. Clark and Donald Gerald Clark, Jr.; no final decree as of 4/12/2000. Easement of 10 feet wide alley. Party Wall Rights. o Possible additional assessment for taxes on any new construction or major improvement to premises. o Notice required under Rule 3129 for any possible outstanding support obligations filed of record or with the Domestic Relations section of the county. MB/DRS -3- ~IRA COR SEARCH ~ ABSTRA CT SER VICES, INC 1617 JFK Boulevard, One Penn Center, Suite 305 Philadelphia, PA 19103 (215) 496-0900 FAX' (215) 496-0904 Thomas I. Puleo, Esquire 1710 Walton Road Suite 206 Blue Bell, PA 19422 CONTINUATION SEARCH DATE- APPLICATION NO.' CLIENT NO.- August 2 I, 2000 A40792Ci PREMISES. 513 S. Pitt St. Borough of Carlisle Cumberland County 'OWNER/MORTGAGOR: Donald G. Clark, Jr. Kathy R. Clark P/ease be advised that we have continued the searches on the above captioned premises from 4/12/00 to and including the dates set forth below with respect to the following items: Mortgages Covered To: 8/01/2000 None Conveyances Covered To: 8/01/2000 None CP. Judgments Covered To: M.C. Judgments Covered To: 8/01/2000 N/A (I) Attached hereto Federal Liens Covered To: 8/01/2000 None Bankruptcies Covered To- Mechanics and Municipal Claims Covered To: 8/01/2000 8/01/2000 None None NOTICE: Notice required under Rule 3129 for any possible outstanding support obligations filed of record or with the Domestic Relations section of the county. Very Truly ~9.,urs, ~ ,..,' .. ..... ~.~77~,' ::.'--g~. ,.-,..~.. '"'? f;~ ¢ . .: ,, ,,~ ..~ , . ARACOR Search & K~stract Se~~s, ~c. ~DGMENT$ 1. GMAC Mortgage Corp. -vs- Donald G. Clark, Jr. and Kathy R. Clark, #2000-02941 Writ filed 7/18/2000. Plaintiff's Address: 500 Enterprise Rd., Ste 150, Horsham, PA 19044 ' Defendant's Address: 513 S. Pitt St., Carlisle, PA 17013 A40792C1 VERIFICATION Lee Manning hereby states that s/he is Assistant Vice President- of GMAC Mortgage Corporation, mortgage servicing agent for Plaintiff in this matter, that s/he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in ej ectment Complaint are true and correct to the best of her/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: ~001 LEE MANNING, ASST. VICE-PRESIDENT ... '....;.",,. SHERIFF' S RETURN - NO' 2001-02096 P OMMONWEALTH OF PENNSYLVANIA' COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS C!,ARK DONALD G JR ET AL DEP JASON VIORAL , Sheriff Cumberland County, Pennsylvania, who being says, the wi thin COMPLAINT - EJECTMENT CLARK DONALD G JR REGULA~¢ or Deputy duly Sheriff of sworn according to was served upon the law, DEFENDANT , at 1745-00 HOURS, on at 44 E LOUTHER STREET CARLISLE, PA 17013 DONAI,D C!,ARK a true and attested copy of COMPT,AINT the 7th day of May , 2001 by handing to - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs- Docketing Service Affidavit Surcharge 24.00 6.20 .00 20.00 .00 50.20 Sworn and Subscribed to before me this day of -~r~thohot ary So Answers- .~. .~~" R. Thomas Kline 05/08/2001 THOMAS PULEO By- ~heriff SHERIFF' S RETURN - REGULA~ '° NO: 2001-02096 P COMMONWEALTH OF PENNS YLVANIA- COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS CLARK DONALD G JR ET AL DEP JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin~ to law, says, the within COMPLAINT - EJECTMENT was served upon CLARK KATHY R the DEFENDANT , at 1745-00 HOURS, on the 7th day of May at 44 E LOUTHER STREET , 2001 CARLISLE, PA 17013 DONALD CLARK by handing to a true and attested copy of COMPLAINT - EJECTMENT together wi th and at the same time directing His attention to the contents thereof. Sheriff's Costs. Docketing . O0 Servi ce .0 0 Affidavit . O0 Surcharge .0 0 So Answers: R. Thomas Kline .00 .00 05/08/2001 THOMAS PULEO Sworn and Subscribed to before me this 22~-~ day of ~ ~ ~' A.D. /P~0thohBt ary By: uty Sheriff LAW OFFICES OF PULEO & D'EMILIO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION, Plaintiff DONALD G. CLARK, JR. and KATHY R. CLARK, Defendant NO. 2001-02096 [RAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above entitled case discontinued upon payment of your costs only. T_/H'OMAS I. ] UL~ - Attorney for Plaintiff