HomeMy WebLinkAbout05-3153
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Phelan, Hallinan & Schmieg
By: Francis S. Hallinan, Esquire
Identification No. 62695
One Penn Center Plaza
Suite 1400
Philadelphia, PA 19103
(215) 563'7000
Attorney for Plaintiff
Cendant Mortgage Corporation
F/KIA PHH Mortgage Services Corporation
4001 Leadenhall Road
Mount Laurel. NJ 08054
Court of Common Pleas
Civil Division
Cumberland County
v.
Term
John E. Still
Or Occupants
893 Grahams Wood Road
Newville, PA 17241
No. 05- 31.0
G.:XJ j~
CML 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 COUN1Y
CUMBERLAND COUN1Y BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
loan: E0002731925
1. Plaintiff is Cendant Mortgage Corporation F/K/A PHH Mortgage Services Corporation.
2. Defendant is John E. Still Or Occupants.
3. Plaintiff is equitable owner of premises located at 893 Grahams Wood Road,
Newville, PA 17241, a legal description of which is attached.
4. Plaintiff became owner of said premises as a result of foreclosure and judicial sale
by the Sheriff of Cumberland County, on June 8, 2005.
5. Plaintiff, by virtue of the above, is the equitable 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.
rancis S. Hallinan, Esquire
Attorney for Plaintiff
LEGAL DESCRIPTION
ALL that certain tract of land, together with the improvements thereon, the same being situate in Upper Frankford
Township, Cumberland County and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center of a public road leading to Bloserville; thence along lands now or formerly of
Charles Baughman North 68 degrees East a distance of 410,00 feet to a post; thence by the same, North 21 degrees West a
distance of 405,00 feet to a post; thence along lands now or formerly of Harry Brownawell, South 74 degrees 30 minutes
West a distance of207.00 feet to a post; thence along lands now or formerly of the Upper Frankford Township School
District (McClure's Gap Public School), South 16 degrees 30 minutes East a distance of200.00 feet to a post; thence
along lands now or formerly of J.C. Chronister and crossing said public road above mentioned to the center thereof South
20 degrees 30 minutes East a distance of 312.00 feet to a point in the center of said public road, the Place of
BEGINNING,
Being No. 893 Grahams Woods Road
,n, 107261
VERIFICATION
Francis S. Hallinan hereby states that he is 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 Plaintiff's 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 sheriff's sale.
The undersigned understands that this statement is made subject to the penalties of 18
Pa.C.s. 94904 relating to unsworn falsification to authorities.
1//or;-
D te
rancis S. Hallinan, Esquire
Attorney for Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-03153 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CENDANT MORTGAGE CORPORATION
VS
STILL JOHN E ET AL
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
STILL JOHN E
the
DEFENDANT
, at 2012:00 HOURS, on the 24th day of June
2005
at 1034 W POMFRET STREET
CARLISLE, PA 17013
by handing to
JOHN STILL
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Additional Comments
MAIL IS STILL BEING DELIVERED TO 893 GRAHAMS WOOD ROAD.
PER NEIGHBORS, DEFENDANT STILL COMES TO HOUSE FREQUENTLY.
Sheriff's Costs:
Docketing
Service
Affidavi t
Surcharge
18.00
12.58
.00
10.00
.00
40.58
So Answers:
1"'~~~<~
R. Thomas Kline
06/28/2005
PHELAN HALLINAN SCHMIEG
me this ,.{~
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day of
BY~l d,iJn ,-I.
eputy Sherl f-
Sworn and Subscribed to before
A.D.
PHELAN HALLINAN & SCHMIEG, LLP
By: Lawrence T. Phelan, Esquire I.D. No. 32227
Francis S. Hallinan, Esquire I.D. No. 62695
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
CENDAT MORTGAGE CORPORATION F/KIA
PHH MORTGAGE SERVICES CORPORATION
Plaintiff
vs.
JOHN E. STILL OR OCCUPANTS
Defendant(s)
Attorney for Plaintiff
Court of Common Pleas
CUMBERLAND County
No. 2005-3153
PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE,
AND DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark
this case discontinued and ended, upon payment of your costs only.
:;h ~45.,,--
Dat
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Lawrence T. Phelan, Esquire
Francis S. Hallinan, Esquire
Daniel G. Schmieg, Esquire
Attorneys for Plaintiff
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