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Home My WebLink About02-1803FEDERMAN AND PHELAN L.L.P. By: Frank Federman, Esquire Identification No. 12248 One Penn Center ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Secretary of Veterans Affairs, an Officer of The United States of America Varo Cleveland (MDP 262 PHI) P.O. Box 99640 Cleveland, OH 44199 Court of Common Pleas Civil Division Vo : Cumberland County Lawrence W. Smerling Or Occupants 519 Spring House Road Camp Hill, PA 17011 : Term CIVIl, Af~TION - F,.IF,~TMF, NT - 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Plaintiff is Secretary of Veterans Affairs, an Officer of The United States of America Defendant is Lawrence W. SmedingOr Occupants. Plaintiff is the owner of premises located at 519 Spring House Road, Camp Hill, PA 17011 a legal description of which is attached. Plaintiff became owner of said premises by a Deed from the Sheriff of Cumberland County, which Deed was lodged and settlement made with the Sheriff (Abstract of Title). Plaintiff, by virtue of the above, is the owner of said premises, and is entitled to possession thereof. The defendant is occupying the said premises without fight and so far as the plaintiffis informed, without claim of title. 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. F E Premises: 519 SPRING HOUSE ROAD, TOWNSHIP OF HAMPDEN CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, Situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Spring House Road, at the division line between Lots Nos. 9 and 10 on the above mentioned Plan of Lots, which point is 894.99 feet north of the Northern side of Lantern Drive; thence along said division line, South 78 degrees 50 minutes West, 125 feet to an iron pin at the division line between Lots Nos. 10 and 31 on said Plan; thence along said division line, 11 degrees 10 minutes West, 95 feet to an iron pin at the division line between LOts Nos. 10 and 11 on said Plan; thence along said last mentioned line, North 78 degrees 50 minutes East, 125 feet to a stake on the Western side of Spring House Road; thence along said last mentioned line, South 11 degrees 10 minutes East, 95 feet to an iron pipe, the place of beginning. BEING all of Lot No. 10 Block "O", Plan 13, Pinebrook, which Plan is recorded in Cumberland County Plan Book 22, page 198. HAVING thereon erected a dwelling house known as 519 Spring House Road. Tax Parcel # 10-19-1598-220 VERIFICATION Frank Fedemxan, Esquire hereby states that he is the Attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to take this Verification, pursuant to Pa. R.C.P. 1024 (c) and that the statements made in the foregoing Civil Action in Ejectment are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: SHERIFF'S RETURN - REGULAR CASE NO: 2002-01803 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SECRETARY OF VETER3kNS AFFAIRS VS SMERLING LAWRENCE W ET AL J MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon SMERLING LAWRENCE W the DEFENDANT , at 1235:00 HOURS, on the 16th day of April at 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 by handing to LAWRENCE SMERLING a true and attested copy of COMPLAINT - EJECTMENT , 2002 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this ~ day of / ~rotho~6~' So Answers: R. Thomas Kline 04/17/2002 FEDERMAN & PHELAN Deputy Sheriff FEDERMAN AND PItELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 One Penn Center ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Secretary of Veterans Affairs, an Officer of The United States of America ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 02-1803- Civil Term Cumberland County Default Judgment entered as indicated above. DATE attached hereto. VS Lawrence W. Smerling Or Occupants 519 Spring House Road Camp Hill, PA 17011 PR AI~'.f~TP~ I~'OR .H]T)C'.~Ii~NT IN ~_i~etmCll[ TO TI~ PROTHONOTARY: Kindly enter Judgment in Ejeclment in favor of the Plaintiff, Secretary of Veterans Affairs, an Officer of The United States of America and against the Defendant(s) Lawrence W. Smerling and Or Occupants for possession of premises 519 Spring House Road, Camp Hill, PA 17011 for failure to file an Answer within twenty (20) days of service. I hereby certify that according to Rule 237.1, written 10 day notice of Plaintift's intention to file a pmecipe for Entry of default Judgment was mailed to Defendant(s), a hue and correct copy of which is FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 1617 JOHN F. KENNEDY BOULEVARD e~m,AoEt,Pm& PA 19103-1814 (215) 563-7000 Secretary of Veterans Affairs, an Officer of the United States of America Lawrence W. Smerlmg Or Occupants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-1803 TO: Lawrence W. Smerling, Or Occupants 519 Spring House Road Cam~ Hill, PA 170 t 1 DATE OF NOTICE: May 7~ 2002 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 of objections to the claims set forth against yom Unless you act within ten (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND P1]ELAN L.L.P. BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 One Penn Center Plaza ~ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Secretary of Veterans Affairs, an Officer of The United States of America ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION V$ Lawrence W. Smerling Or Occupants 519 Spring House Road Camp Hill, PA 17011 No. 02-1803- Civil Term Cumberland County VF~RIFICATIO~ N Olg N~'}~2MII JTAR¥ ~q~.RVICE FRANK FEDERMAN, Es(~UIREj' hereby verifies that he is Attorney for Plaintiff in the above captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) That the defendant(s) is/al2~ not in the Mi'litary 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 Lawrence W. Smerllng Or occupants, is over 18 years of age, and resides at 519 Spring House Road, Camp Hill, PA 17011. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. ~6rney fo~f~~ PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Secretary of Veterans Affairs, an Officer of The United States of America COURT OF COMMON PLEAS CIVIL DIVISION vs Lawrence W. Smerling Or Occupants 519 Spring House Road Camp Hill, PA 17011 No. 02-1803- Civil Term Cumberland County ~mmcn,)e ~0~ Wear or ~ossess~os TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 519 Spring House Road .... CampHill, PA 17011 **PLEASE SEE THE ATFACHED LEGAL DESCRIPTION*** Being Known as No. 519 Spring House Road /FR ES( mE ( /A lrFO R PLAINTIFF Premises: 519 SPRING HOUSE ROAD, TOWNSHIP OF HAMPDEN CUMBERLAND COUNTY PENNSYLVANIA Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, Situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Spring House Road, at the division line between Lots Nos. 9 and 10 on the above mentioned Plan of Lots, which point is 894.99 feet north of the Northern side of Lantern Drive; thence along said division line, South 78 degrees 50 minutes West, 125 feet to an iron pin at the division line between Lots Nos. 10 and 31 on said Plan; thence along said division line, 11 degrees 10 minutes West, 95 feet to an iron pin at the division line between Lots Nos. 10 and 11 on said Plan; thence along said last mentioned line, North 78 degrees 50 minutes East, 125 feet to a stake on the Western side of Spring House Road; thence along said last mentioned line, South 11 degrees 10 minutes East, 95 feet to an iron pipe, the place of beginning. BEING all of LOt No. 10 Block "O", Plan 13, Pinebrook, which Plan is recorded in Cumberland County Plan Book 22, page 198. HAVING thereon erected a dwelling house known as 519 Spring House Road. Tax Parcel # 10-19~1598-220 .,,.;~ ~e ~.=?.,,....~..~.. ln~ --~IT.-.0JL P_O$~g$_~kO.~ ............ RETURNED STAYED AS PER ATTY THIS DATEz PROPERTY IS VACANT. Sheriff's Costs: Advance Costs: .................................................................. $t~ez_i f_~ ~ ~ _ C~ys t~: .... ~--. Docketing: 18.00 P~>~ag-e .......... .-5-7 ............................................................................. Prothonotary 1.00 Milag~ ....... 9.66 Refunded to Atty on 6~6/02 49.23 I~-RZ'T OF POSSESSION' ' Ejec=~enr ProceedLa~ PRC P 3 i60 - 3165 ere, ,..'%' T!DZE- COURT O? COx. i',£GN...=LZ.~,8 OF CL"I,. [BE.R£.q.","O COr,.."N '.-FY, ?5.~.~'5~.-r_v.~_$-r.~. OF THE UNITED STATES OF AMERICA LAWRENCE W. SMERLING OR OCCUPANTS Xo. ___°3_:'_Ls_°A-_c_!_v_zAS.~_~_ ........ r..--.= 20_ ..... No ................................ T - .----'-m 20 ...... .~::'.:,. ............................... * .... _%7_'3_7... P:'ff ~ . ............................ $ ........... Proc.-..? ............................. $ .... CO L~'T'Y OF CUMBERLAND To 'f".e S~,e~ of .................................. SECRETARY OF VETERAN~ AF.F_~A~gS~ ~ O~'..FTCF. R .O]~_.T.~E.~J~T~ .......... STATES OF AMERICA .................... P!nJndff 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 da.-.: ,t ~ leVI .~-~ ?..~r or '"t~."' :r.t~ ..e....n. P,-ochor. om.".'. C~%'"x--:.,c,7 P:~ C~u---. oi C o,~'".c'..-",