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Home My WebLink About06-4308KIVITZ & KIVITZ, P.C. BY: Jay E. Kivitz, Esquire ID# 26769 7901 Ogontz Avenue NON-JURY P.O. Box 27368 Philadelphia, PA 19118-0308 (215) 549-2525 Attorney for Plaintiff Fannie Mae fka Federal National Mortgage Association COURT OF COMMON PLEAS 14221 Dallas Parkway Dallas, TX 75240-5003 PLAINTIFF V. David Alvarez and Michelle Alvarez and John Doe, Jane Doe, Tenant/Occupiers 4135 Lisburn Road Mechanicsburg, PA 17055 DEFENDANTS NOTICE CUMBERLAND COUNTY NO. - //301? 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 OR CANNOT AFFORD ONE, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD ST. CARLISLE, PA 17013 (800) 990-9108 1. Plaintiff is Fannie Mae, f/k/a Federal National Mortgage Association, whose office is at 14221 Parkway, Dallas, TX 75240-5003. 2. Defendants are David Alvarez, Michelle Alvarez, and John Doe and Jane Doe, tenant/occupiers, reside at 4135 Lisburn Road, Mechanicsburg, PA 17055. See copy of legal description of the premises hereto as Exhibit "A". 3. Plaintiff is in the process of becoming the record owner of 4135 Lisburn Road, Mechanicsburg, PA 17055, the premises where defendants reside, which was sold at a Sheriffs Sale duly held in Cumberland on June 7, 2006, pursuant to a foreclosure action and judgment entered thereon in the Court of Pleas of Cumberland County. 4. The Sheriffs bid was assigned to the Plaintiff herein and the Plaintiff will be the grantee in the Deed. 5. The defendants, David Alvarez, Michelle Alvarez, and John Doe and Jane Doe tenant/occupiers, are in possession of 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 defendants who have refused deliver up possession of same. WHEREFORE, Plaintiff demands judgment for possession of the aforesaid premises. KNITZ & KIVITZ, P.C. 0, Z Gam. JA CIVITZ, SQUI Attorney for Plaintiff VERIFICATION I, Jonathan K. Keeth, being duly sworn according to law, deposes and says that I am the REO/Ejectment Representative for the above named Plaintiff, that I am authorized to take this verification on behalf of the Plaintiff, and that the statements made in the foregoing pleading are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. §4904 relating to unswom falsification to authorities. /Jonathan K. Keeth, Representative LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern right of way of Lisburn Road and on the line of adjoinder between Lots Nos. 82 and 83 on the hereinafter mentioned Plan of Lots; thence along said line of adjoinder South 84 degrees 13 minutes East 208.25 feet to a point on the lime of adjoinder between Lots 83 and 64 on said Plan; thence along said line of adjoinder and along the western line of Lots 63 and 62 South 05 degrees 55 minutes 30 seconds West 182.86 feet to a point on the line of adjoinder between Lots 83 and 84; thence along said line North 84 degrees 13 minutes West 207.80 feet to a point along the eastern right of way of Lisburn Road; thence along said eastern right of way North 05 degrees 47 minutes East 182.86 feet to _a point on the line of adjoinder between Lots 82 and 83, the point and place of BEGINNING. BEING Lot No. 83 on Plan of Lots of Section F, Lisburn Estates, said Plan recorded in Cumberland County Recorder's Office in Plan Book 22, Page 130. ti. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record pertaining to said premises. UNDER AND SUBJECT to restrictions recorded in Deed Book 26R, Page 639, Cumberland County Recorder's Office. BEING THE SAME PREMISES WHICH John W. Rumberger and Renee M. Rumberger, husband and wife, by their Deed dated October 5, 2002, recorded October 21, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 714, granted and conveyed unto Kevin A. Reese the GJantor herein. PREMISES BEING: 4135 LISBURN ROAD w. Lx Fite #: 124100 { v d ? LAW OFFICES KIVITZ a KIVITZ, P.C. 7901OGONTZ AVENUE P.O. BOX 27368 PHILADELPHIA, PA 19118-0308 (215) 549-2525 SEYMOUR KIVITZ JAY E. KIVITZ July 27, 2006 Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 ATTN: Prothonotary's Office FACSIMILE (215) 424-8002 RE: Fannie Mae fka Fede National Mortgage Association v. David Alvarez and Michelle Alvarez and John Doe, Jane Doe, Tenant/Occupiers Dear Sir: Enclosed please find the following items in connection with the above captioned account: 2) Original and two copies of Complaint in Ejectment, 2) Extra copy of pleading page to be time-stamped and returned, 3) Check to the Prothonotary'for $55.50, 4) Letter of instruction for service, 5) Check to the Sheriff for $100.00, 6) Two self-addressed stamped envelopes. Please file the original of record and forward the balance of the paperwork to the Sheriff for service. Thank you for your attention in this matter. Sincerely, KlffTZ & KlVMTZ, P.C. ;a/rCen'F.7Higgins Administrative Assistant I end cc SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04308 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MAE FANNIE ET AL VS ALVAREZ DAVID ET AL 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 unable to locate Him in his bailiwick f"t-NAXT1T T TATT T, T=r+TTrt1-KTT but was He therefore returns the the within named DEFENDANT , ALVAREZ DAVID 4135 LISBURN ROAD , NOT FOUND , as to MECHANICSBURG, PA 17055 4135 LISBURN ROAD IS VACANT. Sheriff's Costs: So ariewets : Docketing 18.00 Service 8.80 _ Not Found 5.00 Surcharge 10.00 .00 / 41 . 80v( q, C11.te fo Sworn and Subscribed to before me this day of A. D. R. Thomas Kline Sh iff of Cumberland County KIVITZ & KIVITZ 08/04/2006 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04308 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MAE FANNIE ET AL VS ALVAREZ DAVID ET AL 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 ALVAREZ MICHELLE but was unable to locate Her in his bailiwick. He therefore returns the NOT FOUND , as to the within named DEFENDANT ALVAREZ MICHELLE 4135 LISBURN ROAD MECHANICSBURG, PA 17055 4135 LISBURN ROAD IS VACANT. Sheriff's Costs: So s: Docketing 6.00 Service .00 Not Found 5.00 R. Tff6m line Surcharge 10.00 S f of Cumberland County .00 21.00/ IVITZ & KIVITZ q1+4 08/04/2006 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04308 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MAE FANNIE ET AL VS ALVAREZ DAVID ET AL 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 TENANT/OCCUPIERS but was unable to locate Him in his bailiwick. He therefore returns the ( r'AMT)T T TAT?' 11 -r=e 1TTRTTTT the within named DEFENDANT 4135 LISBURN ROAD , TENANT/OCCUPIERS NOT FOUND , as to MECHANICSBURG, PA 17055 4135 LISBURN ROAD IS VACANT. Sheriff's Costs: So Docketing 6.00 Service .00 Not Found _ 5.00 Surcharge 10.00 .00 21.00 71-1,5166 Sworn and Subscribed to before me this day of . Thomas Kline S e ff of Cumberland County IVITZ & KIVITZ 08/04/2006 A. D. Curtis R. Long Prothonotary office of the jorotbonotarp Curnberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 61- 4308 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573