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Home My WebLink About11-6524A . Phelan 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. 06657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivaek, 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 V. JAMES E. NESTLER or Occupants 3608 KENT DRIVE MECHANICSBURG, PA 17050-2226 Attorney for Plaintiff FILED'-G FICE OF THE PROTHONOTARY 2011 AUG 19 AM 10: 19 C1 8ERLANO COUNTY PENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No. ?/ - 65? q Civi L -7ew 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 # 276253 5 124.0c)ed /YJ e ? I ? d68os 1. Plaintiff is PHH MORTGAGE CORPORATION. 2. Defendant is JAMES E. NESTLER or Occupants. 3. Plaintiff is the record owner of premises located at 3608 KENT DRIVE, MECHANICSBURG, PA 17050- 2226, 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 06/01/2011, as evidenced by the Sheriffs deed recorded 08/15/2011 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201122481. 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, E Francis S. Hallina sq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No, 49 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 C,part dly R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff • . Legal Description ALL THAT CERTAIN tract or parcel of ground situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a paint on the northern right-of-way line of Kent Drive at the dividing line between Lots Nos. 62 and 63 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 07 degrees 30 minutes 58 seconds West 100 feet to line of Lot No. 54; thence along the same and along line of Lot No. 53 North 82 degrees 29 minutes 02 seconds East 100 feet to line of Lot No. 61; thence along the same South 07 degrees 30 minutes 58 seconds East 100 feet to the northern right-of-way line of Kent Drive; thence along the same South 82 degrees 29 minutes 02 seconds West 100 feet to line of Lot No. 63, the place of BEGINNING. BEING all of Lot No. 62, on the Plan of Deimler Manor, recorded at Plan Book 25, Page 122, Cumberland County Records. HAVING THEREON ERECTED a dwelling house known and numbered as 3608 Kent Drive, Mechanicsburg, Pennsylvania. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights-of-way of record or visible upon inspection of premises. BEING THE SAME'PREMISES which Robert G. Hornyak and Joanne D. Hornyak, his wife, by deed dated November 27, 1989 and recorded 4/23/90 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 34N, Page 238 granted and conveyed unto Richard H. Bonner and Beverly J. Bonner, his wife, Grantors herein. Premises: 3608 KENT DRIVE, f . 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 Plaintiffs 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. e?7'-J Date Lawrence T. Ph m, Esquire Francis a n , squire Daniel G. Schmieg, squ' Michele M. Bradfor souir 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 CgyrteVay R. Dunn, Esquire lison F. Wells, Esquire William E. Miller, Esquire Melissa J. Scbeiner, Esquire Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FIEEO-OFFICE Sheriff sb two ?t unbcr! o THE FRtI?HU Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF .E OFTt, ?ERIFF 2111 AUG 30 Am a. 31 Cl1MG ?Ng N?D pNlA?TY PE PHH Mortgage Corporation vs. James Edward Nestler, Jr. Case Number 2011-6524 SHERIFF'S RETURN OF SERVICE 08/25/2011 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: James Edward Nestler Jr., but was unable to locate hirr in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant James Edward Nestler Jr. Request for service at 3608 Kent Drive, Mechanicsburg, Pennsylvania 17050 is vacant. SHERIFF COST: $43.00 SO ANSWERS, August 25, 2011 RON R ANDERSON, SHERIFF Ic; Goun`.'Suite Sher-ft. TeieosDf1. Inc. Davida Om/7 Trothonotag Office of the T^nfh~/3(}tny~V Cum5"°ran^'County, Tennsylvania ~-o`-~Q Soacitor II »1 CIVIL TERM , ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH 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 BY THE COURT, DAVID D.8UELL