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HomeMy WebLinkAbout12-6876Phelan Haliinan & Schmieg, LLP 'By: Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Z15-563-7000 Federal Home Loan Mortgage Corporation 8200 Jones Branch Dr., Mailstop 202 McLean, VA 22102 Plaintiff v. JAMES R. THOMAS or Occupants 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 Defendant Attorney for Plaintiff ..~ .~ r' Court of Common Pleas ~ ~ ~ , ~ ~~ Civil Division `~ ~ ... ~" r: ~" e~ ` may., ~ , CUMBERLAND County -=-+ ~`~; i g1 ~ ~lU l~ No. , a-- 1.,4 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 appeazance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You aze 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 Baz Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 PHS # 309155 Q~f ~1D3.7S~d a C~~ ~ ~s~ ~o Q~~aq~y 1. ' Plaintiff is Federal Home Loan Mortgage Corporation. 2. Defendant is JAMES R. THOMAS or Occupants. 3. Plaintiff is the record owner of premises located at 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055, 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 09/05/2012, as evidenced by the Sheriffs deed recorded 10/29/2012 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201233355, a true and correct copy of which is attached hereto, made party hereof, and marked as Exhibit "A". 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 the Premises. _~ e ls, Esq., . No.309519 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP EXHIBIT "A" PHS # 309155 '~~ .~ . tj Know all Men by these Presents 4 Tax Parcel No. 42-24-0792-041.U]075-6 That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00 (One Dollar), to me in hand paid, do hereby grant and convey to Federal Home Loan Mortgage Corporation writ No. 2012-982 Civil Term CITIMORTGAGE, Inc. S/B/M to ABN AMRO Mortgage Group, inc. Vs James R. Thomas ALL THAT CERTAIN apartment dwelling unit situated in Sunguild Condominium, Upper Atlen Township, Cumberland County, Pennsylvania, being designated as Unit N0.1 075-6 In the Declaration and Declaration Plans of said condominium, recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, under the provisions of the Unit Property Act ofJuly 3, 1963, P.L. 196. TOGETHER with all right of title and interest, being a 1.4416% interest of, in and to the Common elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, easements, and restrictions of record and the provisions, easements, covenants and restrictions as contained in the Declaration, the code of Regulations and the Declaration Plans. The Grantee, for and.on behalf of the Grantee and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further covenants and agrees that the unit conveyed by this Deed shall be sutNect to a charge for ail amounts so assessed and that except Insofar as Sections 705 and 70B of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner otliability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and ail subsequent owners thereof. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representative, successors and assigns, by acceptance of this Deed and execution below, acknowledges that this conveyance is subject in every respect to the Declaration of Condominium and Code of Regulations and all amendments thereto; and the Grantee further acknowledges that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantee and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. Said Declaration, code of Regulations and Declaration plan are recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 249, Page 784, Miscellaneous Book 249, Page 810 and Plan Book 37, Page 23, respectively. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES VESTED IN James R. Thomas, by Deed from Daniel P. Kneller and Heidi H. Kneller, hlw, dated 01/12/2007, recorded 01/24/20071n Book 278, Page 2634. PREMISES BEING: 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 PARCEL N0.42-24-0792-041.-U1075-6 The same having been sold by me to the said grantee on the 5th day of September Arno Domini Two Thousand and Twelve (2012) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 17th of May Anno Domini 2012 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Twelve (2012) Number 982 at the suit of CITIMORTGAGE, Inc. S/B/M to ABN AMRO Mortgage Group, Inc. vs- James R. Thomas In Witness Whereof, I have hereunto affixed my signature this 1 nth Anno Domini Two Thousand and Twelve (2012) Commonwealth of Pennsylvania, ss. County of Cumberland day of n~ r „~oR :- Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 10th day of October Anno Damini Two Thousand and Twelve (2012) Pm P-othorrotaryy Gwnbaland County', CarNsk, PA My Commissbn E„pkes the First UloMgoipn. 2014 ~11~Ii~~I~"~ , ~ l ~,~~~ ~ ~ ~> ~>1 ~i;, I hereby certify that the residence ~ „ ~ ~~ ~K~ ~' ~~`~_; ~'~ ' And Post Office address of the ` ~~ : ~ ~~ ` "' '`~ y Within Grantee is .•a ~ ~~~: E~` ~ -:;~'` ; ~ : 8200 Jones Branch Drive • ~ Mailstop 202 . , ~~ ~ ~~~: ~ ~• ~ . McLean, VA 22102 ,,. ~~,~: ~o Richard W. Stewart Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrnmeat Number - 201233355 Recorded On 10!29/2012 At 10:40:54 AM * Iastremeat Type -DEED-SHERIFF'S Invoice Number -120787 User ID - KW * Graator -THOMAS, JAME5 R * Grantee -FEDERAL HOME LOAN MTG CORD * Customer -SHERIFF * F815S STATE TiiRZT TA8 $0.50 STATE JCSfACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FsEs AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES P'LE $2.00 ROD ARCHIVES FEB $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT UPPER ALLEN TOiiNSHIP $0.00 TOTAL PAID $63.00 * Tote! Pages - 5 Certification Page DU NUT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA -J~~/° RECORDER O * - IaiormAtioa denoted by an aterltk may change duria~ the veriflcatioa proce~a and mey not be reflected on thin pA~e. 911~N~1~11 VERIFICATION >~~ 17A~ETH TAYLOR-COUNTS hereby states that he/she is ASSISTANT TREASURER O (Title) of FEDERAL HOME LOAN MORTGAGE CORPORATION Plaintiff in this matter, that he/she is authorized to make 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. A904 relating to unsworn falsification to authorities. DATE: ~~" O~' ~ •y PHS # 309155 Return to: Phelan, Hallinan 8c Schmieg, LLP One Penn Center, suite 1A00 1617 JFK Boulevard Philadelphia, PA 19103 Attn: 8viction Departrnent Signature Elizabeth Taylor-Counts Assistant Treasurer PHS # 309155 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor c.°~~A~ ct ~n~tiGrfi~~~t6 ~ ~. n ~~~ ,~ e ~: -~~ v~F'fiC~~C~ ~~ESN~RiFF ~G'12 NQY Z7 QM ! i ~ 57 CUMBER~.ANU COUNT`€' PE'NNSY'LVANIA Federal Home Loan Mortgage Corporation Case Number vs. James R. Thomas 2012-6876 SHERIFF'S RETURN OF SERVICE 11/14/2012 07:35 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: James R. Thomas at 1075-6 Lancaster Boulevard, Upper Allen Township, Mechanicsburg, PA 17055. ~----~ c _ RYAN BURGETT, DEPUTY SHERIFF COST: $38.00 November 15, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ic? CoumySuiie Sherff: "I"e!e~6ofl: Inc.