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Home My WebLink About13-0526Phelan hIallinan, LLP By: Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Federal National Mortgage Association P.O. Box 650043 Dallas, TX 75265 Plaintiff Attorney for Plaintiff Court of Common Pleas Civil Division v. CUMBERLAND County CRAIG S. GOWER or Occupants 601 CENTRAL STREET No. ~ ~_ ja~p ~ I/ ~ f MECHANICSBURG, PA 17055-4111 Defendant CIVIL ACTION -EJECTMENT (. _..~ _~ t.. ~ ~.~a ~ _' -r ~ _. r- ~sr..._ ' II~~ V ,, a ~ . fS. ..- ~ t i L - ~ s.. ~ Y ...~ ~ r-~ '~ ~~ 'r ~' Q i f. ,~' ~ c v ~, , r r, --~ ~ ~.~ ~Y .~ .- **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 # 312323 u~ -a~G~33 Z~ a ~sg~3 ~„~~ ~-u~,7S~ ail Plaintiff is Federal National Mortgage Association. 2. Defendant is CRAIG S. GOWER or Occupants. A true and correct copy of the Recorder of Deeds Index Display is in the possession, custody or control of Plaintiff which reflects that a Sheriffs deed was recorded 01/14/2013 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201301441, and further reflects Plaintiffs ownership of the property at 601 CENTRAL STREET, MECHANICSBURG, PA 17055-4111 (hereinafter the "Premises") is attached hereto, made part hereof, and marked as Exhibit "A". 4. Plaintiff, by virtue of the above, contends that it is the record owner of the Premises, and is entitled to possession thereof. Plaintiff is informed that the defendant is occupying the Premises without right and without claim of title. 5. The legal description of the Premises is attached hereto, made part hereof, and marked as Exhibit ..B.. 6. A true and correct copy of Plaintiffs letter demanding possession of the Premises from the Defendants, who have refused to deliver possession of same, is attached hereto, made part hereof, and marked as Exhibit "C". WHEREFORE, Plaintiff seeks to recover possession of the Premises. Mere it Wooters, Esq., Id. No.307207 Attorney for Plaintiff Phelan Hallinan, LLP EXHIBIT "A" PHS # 312323 LANDEX Document Data Instrument #: Recorded Date: 201301441 JAN 14, 2013 02:26:29 PM DEED-SHERIFF'S CUMBERLAND MECHANICSBURG BOROUGH - 5TH WARD VERIFIED Book: Page: Total Pages: Parcel Numbers: 5 20240785062 Instrument Type: County: Municipality: Recording Status: Notes: GRANTOR GOWER,CRAIG S 601 CENTRAL ST LOT 41 PL BK 4 PG 3 GRANTEE FEDERAL NATIONAL MTG ASSOC Page 1 of 1 http://www.landex.com/webstore/jsp/cart/DocumentSearchResults.jsp?LastName=GOWE... 1/22/2013 EXHIBIT "B" PHS # 312323 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated October 4, 1966, prepared by Roy M.H. Benjamin, Registered Engineer, as follows: BEGINNING at a point on the southwestern corner of the intersection of Central Street and George Street; THENCE along the western line of George Street South twenty-one (21) degrees forty-seven (47) minutes East one hundred sixty-nine (169) feet to a point on the northern line of a twelve (12) foot wide alley' THENCE along the northern line of said alley South seventy-two (72) degrees forty-three (43) minutes West sixty-two and five-tenths (62.5) feet to a point; THENCE North twenty-one (21) degrees forty-seven (47) minutes West one hundred sixty-nine (169) feet to a point on the southern line of Central Street; THENCE along the southern line of Central Street North seventy-two (72) degrees forty-three (43) minutes East sixty- two and five-tenths (62.5) feet to a point, the Place of BEGINNING. BEING Lot No. 41 on Plan of Lots known as Plan No. 2 of Green Acres, recorded in Plan Book 4, Page 3, Cumberland County records. HAVING thereon erected a one and one-half story dwelling house known as 601 Central Street. TITLE TO SAID PREMISES VESTED IN Craig S. Gower, single man, by Deed from Charles Murphy, Executor of the Estate of Elwood C. Gower and Barbara Jean Gower, single woman, dated 03/27/2003, recorded 04/03/2003 in Book 256, Page 1867. PREMISES BEING: 601 CENTRAL STREET, MECHANICSBURG, PA 17055-4111 PARCEL NO. 20-24-0785-062 EXHIBIT "C" PHS # 312323 - ~~_ t ~."=~i~ .~~I~.e~-- 1617 JFKBoulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX #: 215-563-4491 Email: VIOLETA.PATORI@fedphe.com January 22, 2013 CRAIG S. GOWER or Occupants 601 CENTRAL STREET MECHANICSBURG, PA 17055-4111 RE: 601 CENTRAL STREET MECHANICSBURG, PA 17055-4111 Dear Occupant: We represent Federal National Mortgage Association which became owner of the above premises as a result of foreclosure and judicial sale by the Sheriff of the County of CUMBERLAND on 11/07/2012. You are now in possession of the premises without authority or permission of our client and you must vacate immediately. Unless you immediately vacate the premises and make them available for possession, court action will be taken against you at once. Very truly yours, Phelan Hallman, L M edi oters, s ., Id. No.307207 Attorney for Plaintiff Phelan Hallman, LLP PHS # 312323 . ~ ... '. ~_~~GV`` ~'~ ~~, {~%~~~ _4, a~n ernl~lo~,~ecl b}' the- }'la~nt~'f~ cot~l~ur~~tror~ ~~~ .~n ,~ksset tac~'4,Y.;,,.. 4l~rnz~~?er ~~ncl dt~ l~erel'p s~el-if~ that tlae I<r~tual :~lleia?i~~ris sct fc~~°tl~ ire the 1F.3r~~;c~in~, t~= ~`a~~t a~-e truc a~.z1 correct t~cr the hest ot~ rz~y- l~i~t>t~~14c1~e ~~r irif~?~7r~ation ~z~r~cl t~eli~t~ has~d G~x~ ~~~, . ~ ~_ ;urcc;s ~lit~t~~rrnaticxl. I tat~~~e~-st;ir~~l thai f<~l~e statceuts th~~rei~~ are, rn~~~e ,;~~hjcct tct t#ae ~~~~.;€tie~; ,ia 1 ~ .~'~~.t"..~. ~9E)~ rel~rting tt~ ~n7s~~°orn talsifii;ati~:~n tc~ ar~t]~c~riti~ . ~~~~_~ . 1 - `~ ~ ` ~ I~rMllte€~ ?Ualilc; ~~ ~th!la~hat°~~e~,t Ct?rnpa~l} 1'1~,:°,~~'.~~~ `IZIt7~?I'l~f}("1;x'4 1~_~t_t~~=? t~, I'l~ela~~ llaliinata, I_L,1' t)~~e 1'eTrn ~`errter, Suite 14t)~) 1 r;1" .1I'1~ ~3caule~~ar~l i'l~ii~~i~lcilshi<a, 1'.~~ 191 t~3 ~~>ts~: l L ii:laon 1)cl~~rrtrr~e~~t ~.` . ~ ~w~~ ~ ~ ~ ~U ~~- .. PHELAN HALLINAN, LLP By: Joseph P. Schalk,Esquire 2 i pit ' 59 Identification No. 91656 Attorney for Plaintiff 126 Locust Street `I3l' Harrisburg, PA 17101 (215)563-7000 Federal National Mortgage Association Court of Common Pleas P.O. Box 650043 Dallas,TX 75265 Civil Division Plaintiff Cumberland County VS. No. 13-526 Civil Craig S. Gower Or Occupants 601 Central Street Mechanicsburg, PA 17055-4111 Defendants MOTION FOR SUMMARY JUDGMENT Plaintiff, Federal National Mortgage Association (hereinafter"Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, respectfully requests that this Honorable Court enter an Order granting summary judgment in the above-captioned matter as follows: 1. As the successful bidder at a Sheriffs Sale, Plaintiff became the owner of the premises located at 601 Central Street, Mechanicsburg, PA 17055-411.1. The Sheriff's Deed to Plaintiff was recorded on January 14, 2013 at Instrument No. 201301441, which is recorded in the Office of the Recorder of Cumberland County. A true and correct copy of the Deed is attached hereto, made part hereof, and marked as Exhibit A. 2. Plaintiff notified the occupant to vacate the premises but,to date, he has remained in the property without any right or title. A true and correct copy of Plaintiffs notice to vacate is attached hereto,made part hereof, and marked as Exhibit B. 3. Because the occupant has refused to vacate the property on his own, Plaintiff filed an Ejectment action on January 30, 2013. A true and correct copy of the Complaint is attached hereto, made part hereof, and marked as Exhibit C. 4. Defendant filed an Answer to the Plaintiffs Complaint,wherein no defense has been raised. A true and correct copy of the Defendant's Answer is attached hereto,made part hereof, and marked as Exhibit D. 5. Plaintiff respectfully submits that it has established its right to immediate, exclusive possession of the premises, and there are no material issues of fact in this case for a fact-finder. WHEREFORE, Plaintiff respectfully requests that judgment for possession be entered as prayed for in the Complaint. Respectfully submitted, PHELAN HALLINAN, LLP Date: 29 By: P Ajo-j ese h P. chalk, Esquire C7 ey for Plaintiff Exhibit "A" Tax Parcel No. 20-24-0785-062 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 National Mortgage Association Writ No.2012.254 Civil Term Suntrust Mortgage,Inc. Vs Craig S. Gower ALL'THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County,Pennsylvania, bounded and described in accordance with a survey and plan thereof; dated October 4, 1966, prepared by Roy M.H. Benjamin,Registered Engineer, as follows: BEGINNING at a point on the southwestern comer of the intersection of Central Street and George Street; THENCE along the western line of George Street South twenty-one(2 1)degrees forty-seven (47) minutes East one hundred sixty-nine(169) feettb a point on the northern line ofa twelve (12) foot wide alley' THENCE along the northern line of said alley South seventy-two (72) degrees forty-three(43) minutes West sixty-two and five-tenths (62.5) feet to a point; THENCE North twenty-one(21)degrees fortycseven(47)minutes West one hundred sixty-nine (169) feet to a point on the southern line of Central Street;THENCE along the southern line of Central Street North seventy-two (72) degrees forty-three(43)minutes East sixty—two and five- tenths(62.5) feet to a point, the Place ofBEGINNING. BEING Lot No. 41 on Plan of Lots known as Plan NO.2 of Green Acres,recorded in PIan Book 4,Page 3, Cumberland County records. HAVING thereon erected a one and one-half story dwelling house known as 601 Central Street. TIT LE TO SAID PREMISES VESTED IN Craig S. Gower, single man,by Deed from Charles Murphy, Executor of the Estate of Elwood C. Gower and Barbara Jean Gower, single woman, dated 03/27/2003, recorded 04/03/2003 in Book 256,Page 1867. PREMISES BEING: 601 CENTRAL STREET, MECHANICSBURG,PA 17055-4111 PARCEL NO. 20-24-0785-062 The same having been sold by me to the said grantee on the 7th day of November Anno Domini Two Thousand and Twelve (2012) after due advertisement according to law,under and by Virtue of a Writ of Execution issued on the I"of June Anno Domini 2012 out of the Court of Common Pleas of Cumberland County,Pennsylvania, as of Civil Term, Two `Thousand and Twelve(2012)Number 254 at the suit of Suntrust Mortgage,Inc.vs Craig S.Gower In Witness Whereof, I have hereunto affixed my signature this 20th day of December Anno Domini Two Thousand and Twelve(2012) 'A011 R. Anderson, Sheriff Commonwealth of Pennsylvania,ss. e County of Cumberland 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 20th day of December Anno Domini Two Thousand and Twelve(2012) w 13 tho►j0ftjl-v,D A ► Q Prothonotary,Cumberland County,Carlisle,PA My Commission Expires the first Monday of Ion.2014 . I hereby certify that the residence g And Post Office address of the Within Grantee is P.O. Box 650043 Dallas,TX 75265 Richard W. Stewart Solicitor � ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number-201301441 Recorded On 1/1412013 At 2:26:29 PM *Total Pages-5 •Instrument Type-DEED-SHERIFF'S Invoice Number- 126811 User ID-MSW •Grantor-GOWER,CRAIG S •Grantee-FEDERAL NATIONAL MTG ASSOC •Customer-SHERIFF *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $12.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $0.00 DISTRICT MECHANICSBURG BOROUGH $0.00 TOTAL PAID $63.00 I Certify this to be recorded in Cumberland County PA RECORDER Of "-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. Exhibit "B" 1617 JFK Boulevard, suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-563-4491 Email: VIOLFTA.PATOJt-t@f-cdphc.coin January 22,2013 CRAIG S. GOWER or Occupants 601 CENTRAL STREET MECHANICSBURG,PA 17055-4111 RE: 601 CENTRAL STREET MECHANICSBURG,PA 17055-4111 Dear Occupant: We represent Federal National Mortgage Association which became owner of the above premises as a result of foreclosure and judicial sale by the Sheriff of the County of CUMBERLAND on 11/07,12012. You are now in possession of the premises without authority or permission of our client and you must vacate immediately. Unless you immediately vacate the premises and make them available for possession, court action will be taken against you at once. Very truly yours, Nca.3t}7207 Attorney for Plaintiff Phelan I-Iallinan, LLP PI-IS # 3123'23 Exhibit "C" Phelan Hallinan,ULP Attorney for Plaintiff 'W Ily: Meredith ooters,Esq.,Id. No.30720, y 1617 JFK Boulevard) Suite 1400 One Penn Center Plaza Philadclphia, .PA 19103 215.563-7000 c Federal National Mortgage Association Court of Common fleas 1'.0. Box 650043 Civil Division Dallas, TX 75265 Plaintiff C"11MF3TR.LAND County V. CRAIC, S. GOWER or Occupants L' No, Joil VI 6011 CENTRAL STRUT v; Ml*,C'AANICSBURG, PA 17055-4111 Defendant ciVII,ACTION —K.1141C"1'MENT lhi iacaal is€a debt collector atlempiing to collect a debt and any information obtained will be used ibr that purpose.. If you have previcrusly received a discharge in bankruptcy and this debt was not realfirn ed, this correspondence is not and ;should not be construed to be am attempt to collect a debt, lraat only enforcennent of a lion against preapexty. NOTWI You.have been sued in court. if you wish to defend tagaai.t►st the clttaans set fba lh in the fcalic,wini I' you must take action within (20) clays after this complaint '1114 notice are served, by ellieting a writte=,x al,pear nc� l rsc eta ly c,r'by uttcrrncy arnd filing ill writing with titc court your defenses or ol�lcr-tiolls u, tlrt� claims set l��er against you, orl1 �tre warned that il'you fail to do so the erase' n`taay pruuced withoot Yoo and�a j set earth may be ou, Y a ainst you by the court witha:�aut iitrilae:r nolicc 1i,a° zury n,Oncy c:itti,nied in ,,he ce�an}�la rat e,r for And other claim or relief rec}uc,;te ei by the plFainti if. Yc,u rrr�ay lose artc7ney 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 OW'ca set forth below to find out where you clan get legal help,If you cannot afford to hire a lawyer,this office rnaty be able to provide you with information about ;1g,enc ies that may offer legal services to eligible persons at a reduced fee or no fie. Cumberland County Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 P14S 9 312323 1. Plaintiff is Federal National Mortgage Association, 2. Defendant is CRAIG S. GOWER or Occupants. 3. A true and correct copy of the Recorder of Deeds Index Display is in the possession, custody or control of Plaintiff which reflects that a Sheriffs deed was recorded 01/14/2013 in the Office of'the Recorder of CUMBERLAND County in Instrument No. 201301441, and filrther reflects Plaintiffs ownership of the property at 601 CENTRAL S1"RIET, MECHANICSBURG, PA 17055-4111 (hereinafter the "Premises") is attached hereto;made part hereof,and marked as Exhibit "A". 4. Plaintiff, by virtue of the above, contends that it is the record owner of the Premises, and is entitled to possession thereof. Plaintiff'is informed that the defendant is occupying the Premises without right and without claim of title. 5. 'rhe legal description of the Premises is attached hereto, made part hereof; and marked as Exhibit "B". 6, A true and correct copy of Plaintiffs letter demanding possession of the Premises from the Defendants, who have refused to deliver possession of same, is attached hereto, made part hereof, and marked as Exhibit "C". WHEREFORE, Plaintiff seeks to recover possession of the Premises. V'4e—re Wooters,17—q,�IcLNo.27207 Attorney for Plaintiff Phelan Hall.inan, LL.P EXHIBIT i'�;:ti 4 3 12323 LANI)EX Document Data Page 1 of 1 Instrument#: 201301441 Book: Recorded Date: JAN 14,2413 Page: 02:26:29 PM Totat Pages: 5 instrument Type: DEED-SHERIFF'S Parcel Numbers: 20240785062 County: CUMBERLAND Municipality: MEC."HANICSBURG BOROUGH-STH WARD Recording Status: VERIFIED Notes: 601 CENTRAL ST LOT 41 PL BK 4 PG 3 GRANTOR GRANTEE GOWE.R,CRAIG S FEDERAL NATIONAL MTG ASSOC: littp://www.l andex.com/webstore/jsp/cart/DocumentSearettResults,jsp?I_,astName-GOWI~... 1/2212013 EXHIBIT "B" '01 IS t :31232? , LEGAL Ipi:St;RIPTI(7N ALL."I` INI-C F,11TAIN piece or ptarevi c+fland siblatc in the Borough of Mechanicsburg,Cumberland ('cxn)ty, Pennsylvania,bo'undetl awl dc cribcd in U"Oftlatic.with a survey and plan thereof,dated October 4, 1966,I)repared by Roy MIL Ber nliat, 1tel isterod 1-tigineer,as follows: 131" INNING at a point oil the southwestern corn rr of the intersection of Central Street and George Street; 'fI ENCE along the western line of George Street South twenty-one(21)degrees forty-seven(17)minutes Bast one hundred sixty-nine(169)feet to a point on the northern line of a twelve(12)foot wide,lley T'IIENCF-,along the northern title of°said alley South se;vetaty-twee(72)degrees forty-three(43)rninutcs West sixty and live-tenths(62.5)feet to a point;'I.IHENCE North twenty-one(21)degrees forty-seven(47) Ininotes West one hundred sixty-nine(169)feet to a Dint on the sootbern line of Central Street;THEN Cr along the southern line of Central Street North seventy-two(72)degrees forty-three(43)minutes Fast sixty- two and five-tenths(62.5)feet to a point,the Place of BEGINNING. REINC:r Lot No.41 on Plan of Lots known as Plan No,2 of Green Acres,recorded in Plan Book 4,Page 31 Cumberland County records. 1 LAVING thereon erected a one and one-half story dwelling house known as 601 Central Street. T'I CI JiLC')*A1 &1 1;?Mj5t.-*i'Y11-5 111),KCraig S.Gower,single man,by Deed t'rom C Caries Mul-Phy,r,xccutor o the Ciauate or r.1�vtittd C,(.rower and Barbara Jean Gower,single woman,dated 03%2712003,recorded 04/03/2003 in 13ook 256,Page 1867. PRHMISFS BEING: 601 CENTRAL STREET,MECHANICSRURG,PA 17055-4111 PARCEL NO. 20-24-0785-062 EXHIBIT "C" TATS# 312323 t Rr{nexnlriy Le �a>it, 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-563-4491 Email: VIOLETATATORI @fedphe.com January 22, 2013 CRAIG S. GOWER or Occupants 601 CENTRAL STREET MECHANICSBURG,PA 17055-4111 RE: 601 CENTRAL STREET MECHANICSBURG,PA 17055-4111 Dear Occupant: We represent Federal National Mortgage Association which became owner of the above premises as a result of foreclosure and judicial sale by the Sheriff of the County of CUMBERLAND on 11/07/2012. You are now in possession of the premises without authority or pemlission of our client and you must vacate;immediately. Unless you immediately vacate the premises and make them available for possession, court action will be taken against you at once. Very truly yours, Phelan 1.1t111ituu1, 1, 11' Mt to ec , . 8 ., lcl. No.307207 Attorney for Plaintiff Phelan Hallinan, LLP 1) ill 31 ill -fir ,,ui Asscl Manager and do Ilereby vQ,oj that the factul Wgmi"T',s ;cat f"r" i ' ' the t(�'rcg(; n ' arc: trUc W1 tic!i�! ase d on '�OUVCC, of&nmmmj�)u I unduMand that tilse qatemcnts therch,are made Amcut R) the IK&A, 43)4 rOWN IT,Wwwn ANk"Ohn ii):Ltit4tcs tllc ;. )V v printed N mc: IAO Company; �1:� to. illle,<tll 11,11 Onc Penn (Wo", SU40 1017 Who Boulova"I PA I i�3 k A� RECEIPT FOR PAYMENT Cumberland Count� Prothonotary' s Office Receipt. Date 1/30/2013 Carlisle, a 17013 Receipt Time 9 :31:3? Receipt No. 285863 FEDERAL NATIONAL MORTGAGE (VS) GOWER CRAIG S Ell AL Case Number 2013-00526 Received of PD BY ATTY WOOTERS BH Total Nora-Cash. . . . . + 103 . "75 Check# 1269233 Total Cash. , . . . . . . . + . Change . 00 . . . . . . . . . . . . . .00 Receipt total . . . . . . $-1-03 . ?5 I)istr"i.bution Of Payment 'PransacUic,- I1eBc.L,,ir)tio)1 Payment Amount C OM P",A-11 NT 65 .25 CUMBERLAND CO GENERAL FUNK BUREAU OF RECEIPTS AND CONTROT T . 50 i.AX ON CMPLrf 9 . 50 CUMBERLAND CO GENERAL FUND SETTLEMENT AUTOMATION 5 .00 CUMBERLAND CO AUTOnATION FUND IJCP ?EPI 23 . 50 BUREAU OF RECEIPTS AND CONTROL .......... $103 . 75 Exhibit "D" -'Dfl LL x } 4 0"ACT" C)I—CDni!nc e). 3v, ion Curnp4ZZL�N No. °Sato -boOu me r,T' S'Pea Kes 4b2 iTSq�9 �tm+ed. No t Er4r�1 Adc,��- 01 Ta [-A)i S S Amw- AS � � 1, SAftw A'S rMy PHELAN HALLINAN, LLP By: Joseph P. Schalk,Esquire Identification No.91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 (215)563-7000 Federal National Mortgage Association Court of Common Pleas P.O.Box 650043 Dallas,TX 75265 Civil Division Plaintiff Cumberland County VS. No. 13-526 Civil Craig S. Gower Or Occupants 601 Central Street Mechanicsburg, PA 17055-4111 Defendants CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Motion for Summary Judgment, Proposed Order, and the attached Exhibit package were served by regular mail on the following at the address and on the date listed below: CRAIG S. GOWER 601 CENTRAL STREET MECHANICSBURG, PA 17055-4111 Date: 1 B Jo ph . S alk, s wire A y for Plaintiff -7�k4 r ' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. - ------------------------------------------------------------------------------------------------- --`--. CAN CAPTION OF CASE '"'' (entire caption must be stated in full) X- Federal National Mortgage Association (Plaintiff) - ` vs. o Craig S. Gower or Occupants (Defendant) No. 2013-526 Civil 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff. Joseph P. Schalk, Esquire Address: 126 Locust Street Harrisburg, PA 17101 (b) for defendant: Craig S. Gower Address: 601 Central Street Mechanicsburg, PA 17055 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 10, 2013 P Date: April 1, 2013 ose h 14 Schalk, Esquire )ktWmey for Plaintiff I� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Federal National Mortgage Association Court of Common Pleas P.O.Box 650043 { Dallas,TX 75265 Civil Division Plaintiff Cumberland County VS. No. 13-526 Civil Craig S. Gower Or Occupants 601 Central Street , Mechanicsburg, PA 17055-4111 Defendants ORDER GRANTING MOTION FOR SUMMARYJUDGMENT NOW,this � day of All ,2013,the Court has determined that Plaintiff is entitled to summary judgment as a matter of law,and therefore: Orders and Decrees that judgment is entered in.favor of Plaintiff and against Defendant, CRAIG S. GOWER or Occupants,for immediate possession of the premises located at 601 CENTRAL STREET,MECHANICSBURG,PA 17055-4111. BY THE COURT: C ' es t' ► J. J mco _. m� Mm Z: a- tx> L Phelan Hallinan,LLP Ad im.H. Davis,Esq.,Id.No.203034 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs No. 13-526 CIVIL ' : CRAIG S. GOWER Or occupants 601 CENTRAL STREET o-n CUMBERLAND County v.c� , MECHANICSBURG, PA 17055-4111 zo CD , or7i Defendant J' -c P0 -� •PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION and against the Defendant(s) CRAIG S. GOWER and Or occupants for possession of premises 601 CENTRAL STREET,MECHANICSBURG,PA 17055-4111 pursuant to the attached court order dated May 14,2013. L1/ Adam H:Davis,Esq., Id.No.203034 Attorney for Plaintiff ` Phelan Hallinan, LLP Default Judgment entered as indicated above. DATE: OJA� P 42. IN THE COURT OF COMMON PLEAS OF CU14BERLAND COUNTY,PENNSYLVANIA Federal National Mortgage Association Court of Common Pleas P.O.Box 650043 Dallas,TX 75265 Civil Division Plaintiff i Cumberland County is VS. •` No. 13-526 Civil Craig S.Gower Or Occupants 601 Central Street Mechanicsburg,PA 17055-4111 Defendants ORIj {It,, MANTING MOI ION YOU SOMMN17XJUDGMENT' NOW,this r'y� day of In ,2013,the Court has determined that Plaintiff is entitled to summary judgment as a matter of law,and therefore: Orders and Decrees that judgment is entered in favor of Plauitiff and against Defendant, CRAIG S. GOWER or Occupants,for immediate possession of the premises located at 601 CENTRAL STREET,MECHANICSBURG,PA 17055-4111. BY THE COURT: MCC :X rri „G ,p- C) ' Phelan Hallinan,LLP Adam H.Davis,Esq.,Id. No.203034 .1617 JFK Boulevard,Suite 1400 Attorney for Plaintiff _ One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs No. 13-526 CIVIL CRAIG S. GOWER Or occupants 601 CENTRAL STREET CUMBERLAND County MECHANICSBURG, PA 17055-4111 Defendant VERIFICATION OF NON-MILITARY SERVICE I hereby verify that I am the Attorney for Plaintiff in the above captioned matter, and that on information and belief, I have knowledge of the following facts,to wit: (a)That the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b)That defendant CRAIG S. GOWER and/or occupant(s)resides at 601 CENTRAL STREET, MECHANICSBURG, PA 17055-4111. (c) It is unknown whether any other occupants are in the military or are over 18 years of age. This statement is made subject to penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. Date: MM 16, 2013 Adam H.Davis,Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP PHS# 312323 Q PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs No. 13-526 CIVIL C.,_ CRAIG S. GOWER Or occupants M F 601 CENTRAL STREET CUMBERLAND County a� MECHANICSBURG, PA 17055-4111 _ Defendant �C) x G d{T PRAECIPE FOR WRIT OF POSSESSION ,. TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 601 CENTRAL STREET, MECHANICSBURG, PA 17055-4111 "PLEASE SEE THE ATTACHED LEGAL DESCRIPTION" Being Known as No. 601 CENTRAL STREET Adam H. Davis, Esq.,Id. No.20 034 Attorney for Plaintiff Phelan Hallinan, LLP DATE: a H,,t a1�8 .00 CSF io3. 75 IA • '?5 " I(o•so dOb.50 -P8 A eJ 3 Clff 9 4 r - Legal Description ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania,bounded and described in accordance with a survey and plan thereof, dated October 4, 1966,prepared by Roy M.H. Benjamin, Registered Engineer, as follows: BEGINNING at a point on the southwestern corner of the intersection of Central Street and George Street; THENCE along the western line of George Street South twenty-one (21) degrees forty-seven(47) minutes East one hundred sixty-nine(169)feet to a point on the northern line of a twelve (12) foot wide alley' THENCE along the northern line of said alley South seventy-two (72) degrees forty-three (43)minutes West sixty-two and five-tenths (62.5) feet to a point; THENCE North twenty-one (2 1) degrees forty-seven (47) minutes West one hundred sixty-nine (169) feet to a point on the southern line of Central Street; THENCE along the southern line of Central Street North seventy-two (72) degrees forty-three (43) minutes East sixty-two and five-tenths (62.5) feet to a point,the Place of BEGINNING. BEING Lot No. 41 on Plan of Lots known as Plan No. 2 of Green Acres, recorded in Plan Book 4, Page 3, Cumberland County records. HAVING thereon erected a one and one-half story dwelling house known as 601 Central Street. BEING the same premises, which Pauline A. Martin, by her deed dated October 18, 1966 and recorded October 20, 1966 in Cumberland County Deed Book 22 Volume D Page 641, granted and conveyed unto Elwood C. Gower and Doris E. Gower, his wife. Doris E. Gower died on NOVEMBER 1968, whereupon sole title to said premises became vested in Elwood C. Gower, by virtue of the doctrine of survivorship incident to tenancies by the entireties. Barbara Jean Gower joins in this deed as Grantor to release her interest as daughter and devisee of the decedent under the terms of the Will. WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION VS. No. 13-526 Civil Term- CRAIG S. GOWER or OCCUPANTS 601 Central Street Mechanicsburg,PA 17055-4111 Costs Attorney's $206.50 Plaintiff's $ Prothonotary $ 2.25 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1)To satisfy y the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff(s)) FEDERAL NATIONAL MORTGAGE ASSOCIATION being: (Premises as follows): *601 Central Street,Mechancisburg,PA 17055-4111 ***PLEASE SEE THE ATTACHED LEGAL DESCRIPTION" (2)To satisfy the costs against the defendant(s)you are directed to levy upon any property of the defendant(s)and sell his/her(or their) interest therein. d .. Buell,Prothonotary, Common Pleas Court of Cumberland County, PA Date 13-526 (Seal) 2 of 2 No 13-526 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION VS. CRAIG S. GOWER or OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs AtVy $ 206.50 Piff(s) $- Prothy $ 2.25 Sheriff $ Plaintiff(s)attorney name and address: ADAM H. DAVIS,ESQUIRE/ID# 203034 PHELAN HALLINAN,LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 215-563-7000 Attorney for Plaintiff(s) Where papers may be served By virtue of this writ, on the_day of I caused the within named to have possession of s described with the appurtenances,and So Answers, Sworn and subscribed to before me this Day of Sheriff By Prothonotary Deputy Legal Description ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County,Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated October 4, 1966,prepared by Roy M.H. Benjamin, Registered Engineer, as follows: BEGINNING at a point on the southwestern comer of the intersection of Central Street and George Street; THENCE along the western line of George Street South twenty-one (21) degrees f6rty-Seve fi(47) minutes E aisfone hundred sixty-nine.-(169)feet foa''point-on-the northern line of a twelve (12) foot wide alley' THENCE along the northern line of said alley South seventy-two (72) degrees forty-three (43) minutes West sixty-two and five-tenths (62.5) feet to a point; THENCE North twenty-one (21) degrees forty-seven(47) minutes West one hundred sixty-nine (169)feet to a point on the southern line of Central Street; THENCE along the southern line of Central Street North seventy-two (72) degrees forty-three (43) minutes East sixty-two and five-tenths (62.5) feet to a point,the Place of BEGINNING. BEING Lot No. 41 on Plan of Lots known as Plan No. 2 of Green Acres,recorded in Plan Book 4, Page 3, Cumberland County records. HAVING thereon erected a one and one-half story dwelling house known as 601 Central Street. BEING the same premises, which Pauline A. Martin, by her deed dated October 18, 1966 and recorded October 20, 1966 in Cumberland County Deed Book 22 Volume D Page 641, granted and conveyed unto Elwood C. Gower and Doris E. Gower, his wife. Doris E. Gower died on NOVEMBER 1968, whereupon sole title to said premises became vested in Elwood C. Gower, by virtue of the doctrine of survivorship incident to tenancies by the entireties. Barbara Jean Gower joins in this deed as Grantor to release her interest as daughter and devisee of the decedent under the terms of the Will. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson , II ED`(;J`i%'PIOL Sheriff U THE PROTHONOTARY Jody S Smith 01 1-7h Chief Deputy AA , °w 2013 MAY 30 AM 11: 02 Richard W Stewart Solicitor CAF:FICE I K 1 CUMBERLAND COUNTY PENNSYLVANIA Federal National Mortgage Association Case Number vs. Craig S. Gower 2013-526 SHERIFF'S RETURN OF SERVICE 05/24/2013 09:11 PM -Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant of 601 Central Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, but was unable to locate the Defendant in his bailiwick. The only resident of 601 Central Street, Mechanicsburg Borough, Mechanicsburg, PA 17055 is defendant Craig S. Gower. The Sheriff therefore returns the within requested Writ of Possession as"Not Found"as to "occupant". 05/24/2013 09:11 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Possession by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Craig S. Gower at 601 Central Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County, and informed Defendant of contents of same. SO ANSWERS, May 30, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Toleosoft,Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson � ' - ,�- F LED-OFF I � Sheriff THE PROTHONOTARY Jody S Smith Qtt�tt},e1 Eaentrr�lrr�j6 G�-20 f 3 JUL —71 AM 10: .t O Chief Deputy Richard W Stewart CUMBERLAND CDUNTY Solicitor OFFICE aF NE SVERIFF PE NN S.Y LYA i ► Federal National Mortgage Association Case Number vs. Craig S. Gower 2013-526 SHERIFF'S RETURN OF SERVICE 05/24/2013 09:11 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant of 601 Central Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, but was unable to locate the Defendant in his bailiwick.The only resident of 601 Central Street, Mechanicsburg Borough, Mechanicsburg, PA 17055 is defendant Craig S. Gower.The Sheriff therefore returns the within requested Writ of Possession as"Not Found"as to "occupant". 05/24/2013 09:11 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Writ of Possession by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Craig S. Gower at 601 Central Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County, and informed Defendant of contents of same. 06/19/2013 By virtue of this writ, Sheriff Ronny R.Anderson caused the within named Plaintiff to have possession of the premises described as 601 Central Street, Mechanicsburg, PA 17055. SHERIFF COST: $111.80 SO ANSWERS, June 28, 2013 RON R ANDERSON, SHERIFF a as r�'� Co. a49;1�3 Icl CountySuile Sheriff,Tcleosoft.Inc. Phelan Hallinan,LLP '2J1.3 ` U 26 6 A 10: t,.;� Attorney For Plaintiff 1617 JFK Boulevard,Suite 140x;~-I EfyL4IID COQ One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 FEDERAL NATIONAL MORTGAGE : Court of Common Pleas ASSOCIATION Plaintiff : Civil Division vs : CUMBERLAND County CRAIG S. GOWER : No. 13-526 CIVIL Or occupants Defendant PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled, Discontinued and Ended. ❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ® Please mark the judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: zcj/i3 PHELAN HAWN: P By: 44 Justin F''.eski,Esq.,Id. No.200392 • orney for Plaintiff PHS#312323 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FEDERAL NATIONAL MORTGAGE Court of Common Pleas ASSOCIATION Plaintiff Civil Division v. CUMBERLAND County CRAIG S. GOWER No. 13-526 CIVIL Or occupants Defendant PHS#312323 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: CRAIG S. GOWER Or occupants 601 CENTRAL STREET MECHANICSBURG,PA 17055-4111 Date: 7/251/3 PHELAN HALLIN LLP By: 4 Justin F. ■beski,Esq.,Id.No.200392 ttorney for Plaintiff