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Home My WebLink About06-3525 , Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center A Suburban Station Suite 1400 Philadelphia, P A 19103 (215) 563-7000 Attorney for Plaintiff PHH Mortgage Corporation flkla Cendant Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 Court of Common Pleas Civil Division v. Cumberland County Tracey L. Mundis Or Occupants 32 North Enola Drive Enola, PA ]7025 Term No. 0(. -.3s:JS C!ioJ.. '7-~ CIVIL ACTION - EJECTMENT "Tlris 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.~ll" 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 PHS #: 136908 ~ I. Plaintiff is PHH Mortgage Corporation f/kIa Cendant Mortgage Corporation. 2. Defendant is Tracey L. Mundis Or Occupants. 3. Plaintiff is equitable owner of premises located at 32 North Enola Drive, Enola, P A 17025, 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 7, 2006. 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. " DESCRIPTION ALL THA T CERTAIN lot of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the easterly side of North Enola Drive, formerly Brick Church Road, at a distance of 205 feet measured southwardly along the easterly side of North Enola Drive from the projection of the southern line of Perry Street; thence North 79 degrees 40 minutes East, .a distance of 115 feet to a nail in the fence post; thence South 10 degrees 20 minutes East, a distance of 25 feet to a fence post; thence South 79 degrees 40 minutes West on a line running through the centre of a partition wall of the double frame dwelling house erected in part on said lot a distance of 115 feet to a point on the easterly side of North Enola Drive; thence along the eastern side of North Enola Drive, North 10 degrees 20 minutes West, a distance of25 feet more or less to a point, the place of BEGINNING. HAVING THEREON ERECTED the northern one-half of a two and one-half story frame dwelling known as No. 32 North Enola Drive, Enola, Pennsylvania. BEING the same premises which Kelly A. McCarty, et aI., by deed dated June 30, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 181, Page 110, granted and conveyed unto Michelle D. Thompson Ernest P. Thompson, the husband of Michelle D. Thompson, joins in this deed for the purpose of releasing and conveying any interest he may have in the within described property by virtue of his marriage of Michelle D. Thompson. J--____._ Being Parcel # 09-14-0832-325 . . , . ~ 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 sheriffs 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. ~p~A7~ Date ~~SY-/~ rancls S. Hallman, EsqUIre Attorney for Plaintiff \ ~ x) V't ~ Y\ - CJ( 1I1 ~ - ~ ~ ~ ~ P- -F r-' C::l C';) c/'" t_ ( ,~ )-. ~ 1"",':> o o -n --< :::;:':J:j C\1c:::. --<"--'-~ -:-0 \,.:~ , ~,1, ;.~~~ >.:::~:::. _oil ~~ 'i.f;' i"'.,j Ci) 'c;) ", :~ -~- ~ PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire J.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 Attorney for Plaintiff PHH MORTGAGE CORPORATION F/KIA CENDANT MORTGAGE CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County No. 06-3525 CIVIL TERM vs. TRACEY L. MUNDIS 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 mark this case discontinued and ended, upon payment of your costs only. IJ! (1110 b -:J r~Y7 U ~ ~Gi!Z;A--, Date Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff PHS # 136908 g ~ -CO} 0!n' ,;;,,,,, L--\". t..;;. \~ :.;:" r~C '?;c:; ?-o j;' c::: z ~ ~ ~ ~ co> - ....l q, ~f1 ?fii:? ~\qi ~~ ~ ~ ~ :;,: ~ (J'I ....l SHERIFF'S RETURN - NOT FOUND , ~ASE NO: 2006-03525 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MUND I S TRACEY L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MUNDIS TRACEY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , NOT FOUND , as to the within named DEFENDANT , MUNDIS TRACEY L 32 NORTH ENOLA DRIVE ENOLA, PA 17025 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, UNABLE TO FIND ANYONE THERE. PER NEIGHBOR, DEFENDANT IS IN PROCESS OF MOVING OUT. ~ 18.00 26.40 5.00 10.00 .00 59.40 ........ 1( J.lt 10(, to before County Sheriff's Costs: Docketing Service Not Found Surcharge PHELAN HALLINAN SCHMIEG 07/12/2006 Sworn and Subscribed me this day of A.D.