Loading...
HomeMy WebLinkAbout05-3194 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 Citifinancial Mortgage Consumer Discount Company 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Court of Common Pleas Civil Division Cumberland County v. Term Fay M. Boychock Or Occupants 37 East Louther Street Carlisle, PA 17013 No. Df: - .]/91 C;u~[ ~~ CIVIL ACTION - EJECTMENT "''''This finn is a debt collector attempting to collect a debt and any iniormation obtained will be used for that purpose. If you have previously received a discharge in banknlptcy 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 hen 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 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 loan: E5000347602 1. Plaintiff is Citifinancial Mortgage Consumer Discount Company. 2. Defendant is Fay M. Boychock Or Occupants. 3. Plaintiff is equitable owner of premises located at 37 East Louther Street, Carlisle, P A 17013, a Ie gal 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. - scd-~ rancis S. Hallinan, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract ofJand and the improvements thereon erected situate in the First Ward ofthe Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of East Louther Street on the line ofJand now or formerly of Harvey M. Stelgleman; thence along the latter, a distance of I 69.5 feet, more or less, to a point on the line of land now or formerly of Ruth Snowden; thence eastwardly along the latler, a distance of 14 feet, more or less, to a point on the line ofland now or formerly ofW. Ritter Adams and Jean R. Adams; thence southwardly along the latter and through the center of a common alley or passageway, a distance of 189.5 feet, more or less, to a point on the northern side of East Louther Street; thence westwardly along the latter, a distance of 14 feet to a point, the Place of BEGINNING. Being No. 37 East Louther Street File #: 99533 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 sheriff's 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. ~4904 relating to unsworn falsification to authorities. 6 t.~ !o;;;- Datk I .' 'S. rancis S. Hallinan, Esquire Attorney for Plaintiff . " A::) (J Xl \t- ~ ut 10 U't (") ", 8 "- -l::: e:.' 0 " () C~ c:~) -n >l:...J' lI) ~ -""'1' e_ :tl" n e- If) ~ <J j Ili';~ -- 1'0 :~g] --0 pc: - . '" ~:_'.;} ~o_~~ --.0 ~ '~"??3 c:, .~....)tn ~~:~ (,..) :1] -< SHERIFF'S RETURN - REGULAR CASE NO: 2005-03194 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CONSUME VS BOYCHOCK FAY M RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon BOYCHOCK FAY M the DEFENDANT , at 1745:00 HOURS, on the 22nd day of June , 2005 at 37 EAST LOUTHER STREET CARLISLE, PA 17013 by handing to HEATHER MOHR, ADULT IN CHARGE a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 <2/''' /~ ~~~~"'"<'i'-"",_</,~ R. Thomas Kline 06/23/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: ~~~ Deputy Sheriff me this Se day of GI d..tfO:! A.D. :-{- ( J'11.b. 0 Iw,OU.. , Jf7i I rothonotary , PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire LD. No. 32227 Francis S. Hallinan, Esquire LD. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CITlFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff Court of Cornmon Pleas CUMBERLAND County No. 05-3194 vs, FAY M. BOYCHOCK OR OCCUPANTS Defendant(s) 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 rnark this case discontinued and ended, upon payment of your costs only, 7#t:7/tJ.r / Date -7107f<lJ~~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Sdunieg, Esquire Attorneys for Plaintiff (-) C" l".'} C':'1 I.C::::1 c.n ", co ~~ v;)