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HomeMy WebLinkAbout11-2783Phelan Hallinan & Schmieg, LLP By: 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FEDERAL HOME LOAN MORTGAGE CORPORATION 8200 Jones Branch Dr., Mailstop 202 McLean, VA 22102 V. DOUGLAS A. LYNN or Occupants 119 EAST PORTLAND STREET MECHANICSBURG, PA 17055-3333 Attorney for Plaintiff ICL ;?0TH0NOTtAA ? AM - to. ,"IJ 4BERLANU COUNT' DENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No. II -a 1 s3 C I N I Tee Wk 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 PHS # 259752 C--S::> ato 1gADO rd al? ,e+-a5&O ?a 1. Plaintiff is FEDERAL HOME LOAN MORTGAGE CORPORATION. 2. Defendant is DOUGLAS A. LYNN or Occupants. 3. Plaintiff is the record owner of premises located at 119 EAST PORTLAND STREET, MECHANICSBURG, PA 17055-3333, 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 12/08/2010, as evidenced by the Sheriff's deed recorded 02/25/2011 in the Office of the Recorder of CUMBERLAND County in Instrument No. 20 1 1 06449. 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. 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ndrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff Legal Description ALL THAT CERTAIN lot of ground situate on the north side of East Portland Street, Third Ward, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the building line of said East Portland Street corner of lot of James Hunter and Pear Hunter, his wife; thence along said lot northward one hundred and fifty-seven (157) feet, more or less, to a twelve (12) foot alley; thence westward along said alley forty (40) feet to a point corner of lot formerly of Peter B. Bretz, now of Stitzel; thence along said last named lot southward one hundred and fifty-seven (157) feet, more or less, to the building line of said East Portland Street; thence along said building line eastward forty (40) feet to the PLACE OF BEGINNING. HAVING THEREON erected a house on said lot being known as No. 119 East Portland Street. BEING the same premises which Robert E. Starner and Mary E. Starner, his wife, by deed dated December 23, 1944 and recorded December 27, 1944 in Record Book X, Volume 12, Page 275, granted and conveyed unto Robert E. Starner and Mary E. Starner, his wife, Grantors herein. The said Robert E. Starner died on March 6, 1992 whereby title was vested solely in Mary E. Starner by operation of law, and the said Mary E. Starner, widower granted Power of Attorney to Lavina J. Wagner and Diane M. Hallett as dated April 5, 1993 and recorded in Misc. Book , Page , the Grantors herein. Premises: 119 East Portland Street 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 Plaintiff s 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. C-?/?/"-' - Date Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Cgurtenay R. Dunn, Esquire -Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Federal Home Loan Mortgage Corporation vs. Douglas A. Lynn ??ti???ty of ?s??rrbrg??rr t? OFt F <c IFF Case Number 2011-2783 SHERIFF'S RETURN OF SERVICE 04/08/2011 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 119 E. Portland Street, Mechanicsburg, Pennsylvania 17055, 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 119 E. Portland Street, Mechanicsburg, Pennsylvania 17055 is vacant. 04/08/2011 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: Douglas A. Lynn, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Douglas A. Lynn. Request for service at 119 E. Portland Street, Mechanicsburg, Pennsylvania 17055 is vacant. SHERIFF COST: $79.00 April 08, 2011 fC CountySui(e Shentf, f e eosofl.. Irc. FILED-OFF iC£: ,)F THE PPC'TfI0N'.TA, .. 20E! 11 PR I I PM 12: 53 CUMBERLAND COUNTY PENNSYLVANIA SO ANSWERS, RON R ANDERSON, SHERIFF David D. Buell" Prothonotary Office of the prothonotary Cum6errand County, Pennsylvania xyrkS. Sofionage, T S Q. Solicitor J/-0.73 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28T" DAY OF OCTOBER, 2014, 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 e suite/00 ® Carlis, TA 0 phone 717 240-6195 0 Fax 717 240-6573