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HomeMy WebLinkAbout14-4936 Supreme CO: ennsylvania Cour" O ,leas For Prothonotary Use Only. �� Docket No t y,. County IF The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: El Complaint ® Writ of Summons ® Petition ! S. [3Transfer from Another Jurisdiction ® Declaration of Taking ` E F C Lead Plaintiff's Name: Lead Defendant's Name: � T Federal Home Loan Mortgage Corporation John Doe and/or Tenant Occupant Dollar Amount Requested: ®within arbitration limits I Are money damages requested? ®Yes 13 No (check one) ®outside arbitration limits O N Is this a Class Action Suit? ®Yes El No Is this an MDJAppeal? 13 Yes ® No A Name of Plaintiff/Appellant's Attorney: Udren Law Office, P.0 © Check here if you have no attorney(are a Self-Represented [Pro Sej Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ® Intentional [I Buyer Plaintiff Administrative Agencies ® Malicious Prosecution 0 Debt Collection:Credit Card ® Board of Assessment Motor Vehicle 13Debt Collection:Other ® Board of Elections ©Nuisance Dept.of Transportation ® Premises Liability Statutory Appeal:Other S ® Product Liability(does not include E mass tort) [3Employment Dispute: ® Slander/Libel/Defamation Discrimination C ® Other: [3Employment Dispute:Other ® Zoning Board T ® Other: I ® Other: O MASS TORT ® Asbestos Tobacco ® Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 13Toxic Waste Other: l� Ejectment ® Common Law/Statutory Arbitration 13 B ® Eminent Domain/Condemnation ® Declaratory Judgment ® Ground Rent Mandamus 13 Landlord/Tenant Dispute Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure:Commercial13 Quo Warranto ® Dental 13 Partition ®Replevin ® Legal ® Quiet Title ®Other: ® Medical [3 Other: ® Other Professional: Updated 111/1011 This is a non-jury matter Assessment of Damages Hearing not required Not arbitration matter UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Federal Home Loan Mortgage ? COURT OF COMMON PLEAS Corporation : CIVIL DIVISION 8200 Jone Branch Drive = Cumberland County Mc Lean, VA 22102 Plaintiff ' q5� tillNO. ,q�� V. John Doe and/or Tenant/Occupant 719 Trail Lane, Fn_2 Enola, Pa 17025 _.rn Defendant (s) c CIVIL ACTION ;r C °f COMPLAINT IN EJECTMENT > - � co 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 twenty (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 any 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Assoociation 2 Liberty Avenue Carlise, PA 17013 717-249-3166 800-990-9107 i l 1.1- II ey-OI AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA E INFORMACION LEGAL Cumberland County Bar Assoociation 2 Liberty Avenue Carlise, PA 17013 717-249-3166 800-990-9107 1 . Plaintiff is the corporation or individual named on the caption, and whose address or principal office appears in the caption. 2 . Defendant (s) are those named as such on the caption, and occupy the premises (hereinafter "Premises" ) which address is set forth on the caption. 3 . Premises, a legal description of which is attached hereto, was sold at Sheriff ' s Sale in accordance with law on June 4, 2014 , and Plaintiff became owner thereof as a result of being the successful bidder and thus the purchaser at said sale, and remains real owner thereof . A true and correct copy of the deed in favor of Plaintiff is attached hereto as Exhibit "A" . .. 4 . The person(s) in possession of Premises are the Defendant (s) herein, and are occupying Premises without right or claim to title. 5 . Plaintiff has demanded possession of Premises from Defendant (s) who have refused to deliver up the possession thereof . WHEREFORE, Plaintiff demands judgment for immediate possession of Premises, issuance of a Writ of Possession and a judgment of its costs and disbursement in this action. UDREN LAW OFFICES, P. C. 4 EY FOR PLAINTIFF I Eric Kishbaugh, Esquire PA I D 33078 VERIFICATION The undersigned an attorney for the Plaintiff and is authorized to make this verification. I verify that the facts set forth in the foregoing pleading are true and correct to the best of my information and belief . The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. J. Eric Kishbaugh, Esquire PA I D 33078 DATED: August 5, 2014 �7 0041 LG f= Tax Parcel No 09-11-3007-023 # Know all Men by these Presents 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 Federal Home Loan Mortgage Corporation 2008-5093 Civil Term National City Mortgage Co dba Commonwealth United Mortgage Company Vs James E.DiMeglio ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE TOWNSHIP OF EAST PENNSBORO,COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS SET FORTH IN A PLAN OF PROPERTY FOR KENNETH H. HEISEY AND HELEN B. HEISEY DATED DECEMBER 16, 1981 PREPARED BY WILLIAM A. BURCH AND ASSOCIATES AS FOLLOWS: BEGINNING AT AN IRON PIN AT THE ORIGINAL SOUTHEAST CORNER OF LANDS N/F OF ALTON B. HOWER AND SHIRLEY A HOWER, HIS WIFE; THENCE NORTH 17 DEGREES 54 MINUTES 00 SECONDS WEST,A DISTANCE OF 463.12 FEET TO A POINT AT LANDS N/F OF KENNETH H. HEISEY AND HELEN B. HEISEY; THENCE ALONG THE SAME AND THE LANDS OF ALTON B. HOWER AND SHIRLEY A. HOWER,HIS WIFE, SOUTH 64 DEGREES 57 MINUTES 11 SECONDS WEST, THE DISTANCE OF 117.42 FEET TO THE LANDS OF KENNETH H. HEISEY AND HELEN B.HEISEY,HIS WIFE,AND TO AN IRON PIN; THENCE SOUTH 23 DEGREES 46 MINUTES 32 SECONDS EAST,A DISTANCE OF 456.10 FEET TO A POINT AT AN IRON PIN; THENCE NORTH 66 DEGREES 2 MINUTES 16 SECONDS EAST,A DISTANCE OF 169.96 FEET TO A POINT,THE POINT AND PLACE OF BEGINNING. BEING KNOWN AS: 719 Trail Lane Enola,PA 17025 PROPERTY ID NO.: 09-11-3007-23 TITLE TO SAID PREMISES IS VESTED IN JAMES E. DIMEGLIO BY DEED FROM 1 NANCY J. MCKENNY,FORMERLY KNOWN AS NANCY J.DIlVIEGLIO DATED 8/8/2003 RECORDED 8/28/2003 IN DEED BOOK 258 PAGE 4569. The same having been sold by me to the said grantee on the 4th day of June 1 IAmro Domini Two Thousand and Fourteen(2414) after due advertisement according to law,under and by Virtue of a Writ of Execution issued on the 26th of November Anno Domini 2013 out of the Court of Common Pleas of Cumberland County,Pennsylvania, as of Civil Term, Two Thousand and Eight(2008) Number 5093 at the suit of National City Mortgage Co dba Commonwealth United Mortgage Company Vs James E. DiMeglio I f i is aE i i In Witness Whereof, I have hereunto affixed my signature this 19th day of June Anno Domini Two Thousand and Fourteen(2014) r Ronny 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 PP Y 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 19'h day of June Anno Domini Two Thousand and Fourteen (2014) .lY::.,- ,., • �_ .,'>. thonotary,, D ►YI.n ."B�u L MY=0 moires the First Monday o1 Jan.2t! r'441119ac 0�`; 4 I hereby certify that the residence And Post Office address of the Within Grantee is 8200 Jones Branch Drive McLean,VA 22102 Richard Stewart Solicitor i i TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE ! SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number-201415521 Recorded On 7/17/2014 At 2:42:15 PM *Total Pages-5 *Instrument Type-DEED-SHERIFFS Invoice Number-164819 User ID-BMM *Grantor-DIMEGLIO,JAMES E *Grantee-FEDERAL HOME LOAN MORTGAGE CORP *Customer-SHERIFF *FEES STATE WRIT TAR $0.50 FDN ification Page STATE JCS/ACCESS TO JUSTICE $23.50 RECORDING FEES - $12.50 OT DETACH RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 age is now part FEES legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 i ROD ARCHIVES FEE $3.00 EAST PENNSBORO SCHOOL $0.00 DISTRICT EAST PENNSBORO TOWNSHIP $0.00 TOTAL PAID $68.00 I Certify this to be recorded in Cumberland County PA o*c 0 v o RECORDER OF DEEDS Information denoted by an asterisk may change during the verification process and may not be reflected on this page. I(llli�llllllllllll SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R AndersonSheriff OFTHE PAOTHON0TA~Y Jody S Smith Chief Deputy Richard W Stewart Solicitor • 'OFFJCE OF THE SHERIFF — 7A&SEP ~9 PH3;26 CUMBERLAND U Ty PENNSYLVANIA Federal Hom Loan Mortgage Corporation vs. John Doe Case Number 2014-4936 SHERIFF'S RETURN OF SERVICE 88/26C3014 05:45 PM - Deputy Shawn GutohoU, being duly sworn according to law, served the requested Complaint in Ejectmenby handing a true copy to a person representing themselves to be James DiMegio, Occupant, who accepted as "Adult Person in Charge for Occupant at 719 Trail Lane, East Pennsboro, Enola, PA 17025. 08D6C2014 05:45 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Ejectment by handing a true copto a personnapnamanhngMhemoelveohubeJamaoDU0aQKo.Owner who accepted as "Adult Person in Charge" for John Doe at 719 Trail Lane, East Pennsboro, Enola, PA 17025. SHERIFF COST: $61.44 SO ANSWERS, August 29, 2014 (c) Cour(tySuile Sherif', Teleosoft, Inc. PUTY RONR ANDERSON, SHERIFF UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Federal Home Loan Mortgage Corporation 8200 Jone Branch Drive Mc Lean, VA 22102 Plaintiff v. John Doe and/or Tenant/Occupant 719 Trail Lane, Enola, Pa 17025 Defendant (s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 14-4936 Civil PRAECIPE TO INDEX DEFENDANT PURSUANT TO PA.R.C.P. 410(b)(2) Crt t TO THE PROTHONOTARY: Kindly index as a Defendant, pursuant to Pa.R.C.P. 410(b)(2), James DiMeglio, who was found in possession of the real property subject of the within action in Ejectment. UDREN FICES, P.C. At Plaintif AM L. RAUER, ES0i.H.RE PA, LD. # 30702 Li UDREN LAW OFFICES, P.C. 111 WOODCREST ROAD, SITE 200 CHERRY HILL, NJ 08003 C'`i:.,L°'„r,`' 856-669-5400 pleadings@udren.com Federal Home Loan Mortgage Corporation 8200 Jone Branch Drive Mc Lean, VA 22102 Plaintiff v. James DiMeglio and/or Tenant/Occupant 719 Trail Lane Enola, Pa 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 14-4936 Civil PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff and against the Defendant(s), James DiMeglio, and Tenant/Occupant, for possession of the premises appearing in the caption, for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof. I hereby certify that notice has been given in accordance 100K4C ROA antt 0.11.0.%1 c • #71soa y Plaintiff z# 3Wogq 0010 IaB1cm with Rule 237.1, a copy of which is attached hereto. Attorney for DEFAULT JUDGMENT ENTERED AS INDICATED DATE: Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY O iCturo,,,7 421' eAFtFocn,F,:04,5t)Fo= Federal Horn Loan Mortgage Corporation vs. John Doe Case Number 2014-4936 SHERIFF'S RETURN OF SERVICE 00/20/2014 05:45 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Ejectment by handing a true copy to a person representing themselves to be James DiMegllo, Occupant, who accepted as "Adult Person in Charge" for Occupant at 719 Trail Lane, East Pennsboro, Enola, PA 17025. OB/26/2014 05:45 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Ejectment by handing a true copy to a person representing themselves to be James DiMeglio, Owner, who accepted as "Adult Person in Charge" for John Doe at 719 Trail Lane, East Pennsboro, Envie, PA 17025. SHERIFF COST: $61.44 August 29, 2014 is) CountySuile Shenk Telnosoff Inc AZ017 c UTSHA PUTY SO ANSWERS, RONNY ANDERSON, SHERIFF UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udx en.com Federal Home Loan Mortgage Corporation 8200 Jone Branch Drive Mc Lean, VA 22102 Plaintiff v. James DiMeglio and Tenant/Occupant 719 Trail Lane, Enola, Pa 17025 Defendant (s) TO: James DiMeglio 719 Trail Lane, Enola, Pa 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County NO. 14-4936 Civil DATE of Notice: September 25, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Assoociation 2 Liberty Avenue Carlise, PA 17013 717-249-3166 800-990-9107 NOTIFICACTON IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, LISTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO-SUFICIENTE-PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL; SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Assoociation 2 Liberty Avenue Carlise, PA 17013 717-249-3166 800-990-9107 AMAN N RAER, ESQUIRE PA. i.I . # 307028 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL NEW JERSEY 08003-3620 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856 669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Federal Home Loan Mortgage !COURT OF COMMON PLEAS Corporation 'CIVIL DIVISION 8200 Jone Branch Drive !Cumberland County Mc Lean, VA 22102 Plaintiff V. James DiMeglio and Tenant/Occupant 719 Trail Lane, Enola, Pa 17025 Defendant (s) TO: Tenant/Occupant 719 Trail Lane, Enola, Pa 17025 NO. 14-4936 Civil DATE of Notice: September 25, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Assoociation 2 Liberty Avenue Carlise, PA 17013 717-249-3166 800-990-9107 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Assoociation 2 Liberty Avenue Carlise, PA 17013 -249-3166 0-9107 AMANDA L. RAVER, ESQUARE PA. LC). #307028 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL NEW JERSEY 08003-3620 UDREN LAW OFFICES, P.C. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadingsftdren.com Federal Home Loan Mortgage Corporation 8200 Jone Branch Drive Mc Lean, VA 22102 Plaintiff V. James DiMeglio and/or Tenant/Occupant 719 Trail Lane Enola, Pa 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 14-4936 Civil AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states, upon information and belief, that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: James DiMeglio Age: Over 18 Residence: As captioned above Employment: Unknown The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATED: October 7, 2014 Attorney for Plaint]. no2• , 94 Department of Defense Manpower Data Center Status Report Pursuant to Servicemembets Civil Relief Aet Last Name: DIMEGLIO First Name: JAMES Middle Name: Active Duty Status As Of: Oct -07-2014 Results as of : Oct -07-2014 12:59:37 PM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA '': .. NA "..-7-k ' +;-��...r �-1+� ',}7 NN NA This response reflects the Individuals' active duty status based n the Active Duty Status Date .f/ ,jig. ' I ;'�: i „c'' \, Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Component NA 1 < <-a NA t _' - '...717:4.. kService i / /r - : No 7 {' I NA This response reflects where the Individual left act i'duty status within 367 Cays preceding the`Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA v, NA .\ 1 , r,.No '.', ,r NA This response reflects whether the individual or his/her unit has received eadyp6liflcation to report for active duty �y rt�yt Upon searching the data banks of the Department of Defense Manpower Data,Center,based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. OA— Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: CELDNDC2X0F9F30 UDREN LAW OFFICES, P.C. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Federal Home Loan Mortgage Corporation 8200 Jone Branch Drive Mc Lean, VA 22102 Plaintiff v. James DiMeglio and/or Tenant/Occupant 719 Trail Lane Enola, Pa 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 14-4936 Civil AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 The Affiant lacks sufficient information to determine whether the Defendant(s) in this action are in active military service because Plaintiff cannot provide dates of birth and/or Social Security numbers for said Defendant(s) to enable a search. Defendant: Tenant/Occupant Age: Over 18 Residence: As captioned above Employment: Unknown Affiant has not received notice from Defendant(s) that they are in active military service. This statement is made subject to the penalties of 18 Pa. C.S 4904 relating to unsworn falsification to authorities. DATED: October 7, 2014 0- w. Attorney for Plaintiff Nicac PA „tee UDREN LAW OFFICES, P.C. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 pleadings@udren.com Federal Home Loan Mortgage Corporation 8200 Jone Branch Drive Mc Lean, VA 22102 Plaintiff v. James DiMeglio and/or Tenant/Occupant 719 Trail Lane Enola, Pa 17025 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 14-4936 Civil PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter, for possession of the property captioned under Defendants above, a description of which is attached hereto: Att ney (\\ Wcoh' ! Lelk,La, Esqu'3(04 s ag,56-Pa (a (Pe C8F 1 �S.1S" " I(�.SO" for PAID 202194 sa.a5Au C. a 7/so R-iksubily Plaintiff jOYi l df 1POSS . l•�S� Tax Parcel No 09-11-3007-023 Know all Men by these Presents 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 Federal Home Loan Mortgage Corporation 2008-5093 Civil Term National City Mortgage Co dba Commonwealth United Mortgage Company Vs James E. DiMeglio ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS SET FORTH IN A PLAN OF PROPERTY FOR KENNETH H. HEISEY AND HELEN B. HEISEY DATED DECEMBER 16, 1981 PREPARED BY WILLIAM A. BURCH AND ASSOCIATES AS FOLLOWS: BEGINNING AT AN IRON PIN AT THE ORIGINAL SOUTHEAST CORNER OF LANDS N/F OF ALTON B. HOWER AND SHIRLEY A HOWER, HIS WIFE; THENCE NORTH 17 DEGREES 54 MINUTES 00 SECONDS WEST, A DISTANCE OF 463.12 FEET TO A POINT AT LANDS N/F OF KENNETH H. HEISEY AND HELEN B. HEISEY; THENCE ALONG THE SAME AND THE LANDS OF ALTON B. HOWER AND SHIRLEY A. HOWER, HIS WIFE, SOUTH 64 DEGREES 57 MINUTES 11 SECONDS WEST, THE DISTANCE OF 117.42 FEET TO THE LANDS OF KENNETH H. HEISEY AND HELEN B. HEISEY, HIS WIFE, AND TO AN IRON PIN; THENCE SOUTH 23 DEGREES 46 MINUTES 32 SECONDS EAST, A DISTANCE OF 456.10 FEET TO A POINT AT AN IRON PIN; THENCE NORTH 66 DEGREES 2 MINUTES 16 SECONDS EAST, A DISTANCE OF 169.96 FEET TO A POINT, THE POINT AND PLACE OF BEGINNING. BEING KNOWN AS: 719 Trail Lane Enola, PA 17025 PROPERTY ID NO.: 09-11-3007-23 TITLE TO SAID PREMISES IS VESTED IN JAMES E. DIMEGLIO BY DEED FROM NANCY J. MCKENNY, FORMERLY KNOWN AS NANCY J. DIMEGLIO DATED 8/8/2003 RECORDED 8/28/2003 IN DEED BOOK 258 PAGE 4569. lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL HOME LOAN MORTGAGE CORPORATION VS. No. 14-4936 Civil Term JAMES DIMEGLIO AND/OR TENANT/OCCUPANT Costs Attorney's $ 222.19 Plaintiff's $ Prothonotary $ 2.25 DUE CO COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) FEDERAL HOME LOAN MORTGAGE CORPORATION being: (Premises as follows): ***SEE 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. Date 10/8/14 (Seal) David D. Buell, Prothonotary, Common Pleas Court of Cumberland County. PA e • 2 of 2 No 14-4936 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FEDERAL HOME LOAN MORTGAGE CORPORATION VS. JAMES DIMEGLIO AND/OR TENANT/OCCUPANT WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 222.19 P1ff (s� $ Prothy $ 2.25 Sheriff $ Plaintiff (s) attorney name and address: Nicole LaBletta, Esquire UDREN LAW OFFICES, P.C. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 (856) 669-5400 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 the premises described with the appurtenances, and Sworn and subscribed to before me this Day of So. Answers, Sheriff By Prothonotary Deputy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND CO0����� / ,��r° - 'rRUTA����' ' �8 ...-n�4��� 'oc/ 13 AM�� 06 C - — �� ND cou --',w YLVANIA ' ' Federal Horn Loan Mortgage Corporation vs. John Doe (et al.) Case Number 2014-4936 SHERIFF'S RETURN OF SERVICE 10X08/2014 05:49 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Writof Possession by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: James E Dimeglio at 719 Trail Lane, East Pennsboro Township, Enola, PA 17025, Cumberland County, informed Defendant of contents of same and posted Sheriffs Notice on premises. 10/13/2014 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 719 Trail Lane, East Pennsboro Township, Enola, PA 17025, but was unable to locate the Defendant in his bailiwick. The only resident of 719 Trail Lane, East Pennsboro Township, Enola, PA 17025 is defendant James E. Dimeglio. The Sheriff therefore returns the within requested Writ of Possession as "Not Found" as to OCCUPANT. SO ANSWERS, October 13, 2014 RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, _° Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND ���� COUNTY oFc ICE OF ME Olt��O�. .`.�MUNU//\RI 2014 NOV /3 �W �; �� � .. _ v� CUMBERLAND COUNTY PENNSYLVANIA '~`''~'^`"NUA Federal Hom Loan Mortgage Corporation vs. John Doe (et al.) Case Number 2014-4936 SHERIFF'S RETURN OF SERVICE 10/09/2014 05:49 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Writof Possession by "personally" handing a true and attested copy to a person representing themselves to be the Defndunt.tovvitJameoEDimegUoet718Trai|Lona.EootPennsbonoTownohip.Eno|a.PA17O25. Cumberland County, and informed Defendant of contents of same. 10/12/2014 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 719 Trail Lane, East Pennsboro Township, Enola, PA 17O25.but was unable holocate the Defendant in his baUiwick. The only resident of 719 Trail Lane, East Pennsboro Township, Enola, PA 17025 is defendant James E. Dimeglio. The Sheriff therefore returns the withinnaquastadVVhtofP0000msionoo^NotFound^aatoOCCUPANT. 11/12/2014 By virtue of this writ, Sheriff Ronny R. Anderson, caused the within named Plaintiff to have possession of the premises described as 719 Trail Lane, Enola, PA 17025 SHERIFF COST: $111.83 SO ANSWERS, November 13, 2014 RONK[YRANDERSON, SHERIFF �,������� �«�-� ��� ����-�'�-� �«�x � , �`^�"� 11111 0041 LG Tax Parcel No 09-11-3007-023 Know all Men by these Presents 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 Federal Home Loan Mortgage Corporation 2008-5093 Civil Term National City Mortgage Co dba Commonwealth United Mortgage Company Vs James E. DiMeglio ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS SET FORTH IN A PLAN OF PROPERTY FOR KENNETH H. HEISEY AND HELEN B. HEISEY DATED DECEMBER 16, 1981 PREPARED BY WILLIAM A. BURCH AND ASSOCIATES AS FOLLOWS: BEGINNING AT AN IRON PIN AT THE ORIGINAL SOUTHEAST CORNER OF LANDS N/F OF ALTON B. HOWER AND SHIRLEY A HOWER, HIS WIFE; THENCE NORTH 17 DEGREES 54 MINUTES 00 SECONDS WEST, A DISTANCE OF 463.12 FEET TO A POINT AT LANDS N/F OF KENNETH H. HEISEY AND HELEN B. HEISEY; THENCE ALONG THE SAME AND THE LANDS OF ALTON B. HOWER AND SHIRLEY A. HOWER, HIS WIFE, SOUTH 64 DEGREES 57 MINUTES 11 SECONDS WEST, THE DISTANCE OF 117.42 FEET TO THE LANDS OF KENNETH H. HEISEY AND HELEN B. HEISEY, HIS WIFE, AND TO AN IRON PIN; THENCE SOUTH 23 DEGREES 46 MINUTES 32 SECONDS EAST, A DISTANCE OF 456.10 FEET TO A POINT AT AN IRON PIN; THENCE NORTH 66 DEGREES 2 MINUTES 16 SECONDS EAST, A DISTANCE OF 169.96 FEET TO A POINT, THE POINT AND PLACE OF BEGINNING. BEING KNOWN AS: 719 Trail Lane Enola, PA 17025 PROPERTY ID NO.: 09-11-3007-23 TITLE TO SAID PREMISES IS VESTED IN JAMES E. DIMEGLIO BY DEED FROM NANCY J. MCKENNY, FORMERLY KNOWN AS NANCY J. DIMEGLIO DATED 8/8/2003 RECORDED 8/28/2003 IN DEED BOOK 258 PAGE 4569.