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Home My WebLink About01-3055THOMAS I. PULEO IDENTIFICATION NO. 27'615 620 Sentry Parkway, Suite 100 Blue Bell, PA 19422 610-941-3600 GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, PA 19044 JAMES L. KIRK, JR. 158 South West Street Carlisle, PA 17013 Al'rOflN EY FOR CIVIL ACT[ON - E, CTMENT COMPLAI~ 'T PLAINTIFF CUMBERLAND COUNTY CO UR T OF COMMO;V pi EA S DI I'IS/ON TER,~I. .¥o. so= C,,.,t('-I-'% 'NOTICE 'You have been sued In tour[ II ~,ou wish Io defend againsl Court Adm'i nistrator 4th Floor, Cumberland County Courtb~use Carlisle, PA 17013 (717) 240-6200 "AVISO 'LLEVE ESTA DEMANOA A UN ABOGAOO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFIClENTE DE PAGAR TAL SERVlCIO, VAYA EN PERSONA O LLAME POR TELI[FONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA. JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCL~. LEGAL. Court Administrator 4th Floor, C~nberland 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. ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, PA 19044 JAMES L. KIRK, JR. 158 South West Street Carlisle, PA 17013 CUMBERLAND COUNTY COURT Ob' COMMON PLEAS DI VISION TERM. No CIVIL ACTION - I: 2TMENT 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. Defendant, JAMES L. KIRK, JR., is an individual presently residing at 158 South West Street, Carlisle, Pennsylvania, and presently occupies the property without permission of the legal owner. 3. The said premises, 158 South West Street, Carlisle, Pennsylvania, as more fully described in the legal description attached hereto, made a part hereof and marked Exhibit "A", was sold by R. Thomas -i- Kline, Sheriffof Cumberland County, at a Judicial or Sheriffs Sale held at Carlisle, Pennsylvania, on April 4, 2001, after due advertisement according to law, under and by virtue ora Writ of Execution issued on December 4, 2000, out of the Court of Common Pleas of Cumberland County, as of No. 2000-4659 Civil Term, at the suit of GMAC Mortgage Corporation v. James L. Kirk, Jr. 4. Said described property was purchased at the said sale by the attorney on the writ for the plaintiffherein, who is entitled to possession thereof. 5. Settlement on the writ for the above referenced property has been completed with the Sheriffof Cumberland County. 6. Defendant is presently in possession of the said premises and has 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 against defendant and that a Writ of Possession be promptly thereafter issued. .//THOMAS I. I~ULEO Attorney for Plaintiff -2- DESCRIPTION ALL THAT CERTAIN tract of ground situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: On the North by property now or formerly of Laura E. Walters; on the East by South West Street; on the South by property now or formerly of Amanda Ritter; and on the West by an alley. Having a distance of 22.5 feet in from on said South West Street and extending in depth at an even width a distance of 95.0 feet to the alley aforesaid, and being improved with a two and one-half story brick dwelling house known as 158 South West Street, Carlisle, Pennsylvania. EXHIBIT A ARACOR Search and Abstract Services, Inc. One Penn Center, 1617 J.F.K. Boulevard, Suite 305 Philadelphia, Pennsylvania 19103 (215) 496-0900 FAX (215) 496-0904 RECORD OWNER AND LIEN CERTIFICATE Effective Date: 6/7/2000 Order Number: A41794 Client Number: Premises: 158 SOUTH WEST STREET, BOROUGH OF CARLISLE 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 tract of ground situate in the Third Ward of the Borough of Carlisle, Cumberland County, Peansylvania, more particularly bounded and described as follows: On the North by property now or formerly of Laura E. Walters; on the East by South West Street; on the South by property now or formerly of Amanda Ritter; and on the West by an alley. Having a distance of 22.5 feet in front on said South West Street and extending in depth at an even width a distance of 95.0 feet to the alley aforesaid, and being improved with a two and one-half story brick dwelling house known as 158 South West Street, Carlisle, Pennsylvania. EXHIBIT B ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: A41794 Client Number: JUDGMENTS: None BANKRUPTCIES: None filed in Cumberland County REOUIREMENTS/EXCEPTIONS: Possible additional assessment for taxes on any new construction or major improvement to premises. Subject to any and all recorded Rights, Restrictions, Easements, etc., that may appear of record. Notice required under Rule 3129 for any possible outstanding support obligations filed of record or with the Domestic Relations section of the county. WJM/DRS -3- ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Nut, bet.: A41794 Clieht Number: RECORD OWNER _TITLE TO SAID PREMISES IS VESTED IN James L. Kirk, Jr. a Single Person by Deed from Mary Ellen Rynard, a Single Person dated 5/27/99, recorded 5/28/99, in Deed Book 200, Page 436. 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 $4,330.00 (Tax Parcel//04-21-0320-320) 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) MECHANICS AND MUNICIPAL CLAIMS: None MORTGAGES: 1. $71,213.00- James L. Kirk, Jr. To: Accubanc Mortgage Corporation Dated: 5/27/99 Recorded: 5/28/99 Mortgage Book 1545, Page 687 ASSIGNED TO: GMAC Mortgage Corporation dated 6/I/99, recorded 3/28/2000 in Miscellaneous Book 641, Page 176. Assignee's Addr: 3451 Hammond Ave., Waterloo, IA 50704 -2- Lin,~3 'cYalton t-.':,.'.~'~m~ Vloa Pr~ld~thereby states that s/he is of GMAC Mortgage Corporation 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' Ejec+aaant 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 unswom falsification to authorities. Unda Walton · ~.~!st:n~ Vice President SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03055 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLA/gD GMAC MORTGAGE CORPORATION VS KIRK JAMES L JR R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: KIRK JAMES L JR but was unable to locate Him deputized the sheriff of PERRY serve , Sheriff or Deputy Sheriff who being search and in his bailiwick. County, the within COMPLAINT - EJECTMENT He therefore Pennsylvania, to On June 14th , 2001 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing .00 Out of County 9.00 Surcharge 10.00 Deputize Perry Co 24.14 .00 43.14 06/14/2001 THOMAS PULEO Sheriff of Cumberland County Sworn and subscribed to before me · q this 2~,-~' day of ~ A.D. / / Prothonc~afy SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03055 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS KIRK JAMES L JR R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, KIRK JAMES L JR ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT unable to locate Him in his bailiwick. COMPLAINT - EJECTMENT , but was He therefore returns the the within named DEFENDANT , NOT FOUND , as to KIRK JAMES L JR DEFENDANT NO LONGER RESIDES IN CUMBERLAND COUNTY Sheriff's Costs: Docketing 18.00 Service 3.10 Not Found 5.00 Surcharge .00 .00 26.10 R. iThomas Kline Sheriff of Cumberland County THOMAS pLrLEO 06/14/2001 Sworn and subscribed to before me this 26 ~ day o f ~,~_ ~/ A.D. otary In The Court of Common Pleas of Cumberland County, Penmsylvania GMAC Mortgages.Corporation James L. Kirk, Jr. No. 2001 3055 Civil ]~OW, June 1 ,20 o ~, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Now, -~ '_'~r,.'. June SheriffofCumberland County, PA Affidavit of Service ,20 Ol ,at 2:00 o'clock P M. servedthe within Pnmplain~ in Ej~ctment upon Jzm~m L- Kirkr JF, 71Rambo Hill Rd. Shermansdale, Pa. 17090 by handing to a James L .Kirk. True & Attested and made 'known to him Defendant copy of the ori~n~l /Complaint in Ejectment the contents thereof. Sworn and subscribed before me this /]~ day of .3'~ r~_ ,20 o! cJ NOI'AidAL~[AL - -~J i MAI~RET E FUCIgNGE~, NOT~'Y PUBLIC ! BLOOMF1B. O BORO..P~RRYCOUNTY MY COMF.~ISSION E)O'IRES FEB. 16. 2004 So answers, Ja~ wilson~ Dep~a~ Sheriffof Perry County, PA COSTS SERVICE 1 8. oo MILEAGE 4_ 1 4 AFFIDAVIT 2.0 0 24_14 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle. Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy PATRICIA A. SHATTO Real Estate Delauly TO: Hon George Frownfelter Sheriff of Perry County P.O. Box 6 Courthouse New Bloomfield, PA 17068 GMAC Mortgage Corporation James L. Kirk, Jr. No. 2001-3055 Civil Dear Sir: Enclosed please f'md Complaint in Ejectment to be served upon James L. Kirk, Jr. 71 Rambo Hill Road, Shermansdale in your County. Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. R. Thomas Kline, Sheriff Cumberland County., Pennsylvania 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 JAMES L. KIRK, JR, Defendant NO. 01-3055 Ejectment Complaint PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above entitled case discontinued upon payment..of~you~osts_,.. ')/ only. ./THOMAS I/PULEO, ESQUIRE Attorney for Plaintiff THOMAS I. PULEO IDENTIFICATION NO. 27615 620 Sentry Parkway, Suite I00 Blue Be[[, PA 19422 610-941-3600 ATTORNEY FOR GMAC MORTGAGE CORPORATION 500 Enterprise Road, Suite 150 Horsham, PA 19044 JAMES L. KIRK, JR. 158 South West Street Carlisle, PA 17013 CIVIL ACTION - E~ COMPLAII PLAINTIFF CUMBERLAND COUNTY CO UR T OF COMMON PLEA S DI VISION TERM. CTMENT T "NOTICE "You have bean sued in court It you wish to defend against the claims set forth in the following pages, you must take acdon wikhin twenty (20) days allot this complaint and not/ce are served, by entering a written appearance personatiy or by attorney and tiling in writing wi[h the court your defenses or objections to the clairns set forth against you. You are warned the~ if you fail to do so the case may proceed withou[ you and a judgment may be entered against you by ~he court without ~urlher notice for any money ciaimed in the complain[ or for any other claim or relief requested by the pla~nt/ff. You may lose money Or properly or other dghLq impor[ant to you. "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORO ONE, GO TO OR TELEPHONE THE OFFICE SBT FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 "AVISO 'Le hah demandado a usted en la carte. Si usted quiera defenderse de estas demandas expuestas en las pfiginas s[guientes, usled tlehe veinte (20) dias, de plaza al partir de ia fecha de la demanda y la nolificat/6n. Hace falta asontar una comparencia escd[a o en persona o con un abogado y enb-egar a la cot~e en forrna escrita sus defensas e Sus objeciones a las demandas en conLra de su persona. Sea avisado qua si usted no se detiende, la carte romar-~, medidas y puede con~/nuar la demanda en conb'a suya sin previa avlso o notificacion. Adam,s, la coarte puede decldir a favor del demandante y requiere quo usted cumpla con todas las provislonos de esta demanda. Usted pueda perder dinero o sus propiedades u ob'os detaches importantas para usted. 'LLBVE ESTA DEMANOA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SDFICIENTB DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME PeR TEUeFONO A LA OFICINA CUYA DIRECCl0N SE ENCUENTRA ESCRITA ABA JO PARA AVER}GUAR OONDE SE PUEDE CONSEGU~R ASISTENCIA LEGAL. Court Administrator 4th Floor, C~mberland County Courthouse Carlisle, PA 17013 (717) 240-6200