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Home My WebLink About06-5565 A , " Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff Washington Mutual Bank, FA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Court of Common Pleas Civil Division v. Cumberland County Angela E. Smith Or Occupants 330 Evergreen Street New Cumberland, P A 17070 Tenn eo;L~~ No. oL -SSbS 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 COUNTY CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY A VENUE CARLISLE, P A 17013 (717)249-3166 PHS #: 141477 ,x, , -" I , Plaintiff is Washington Mutual Bank, FA. 2. Defendant is Angela E. Smith Or Occupants. 3. Plaintiff is equitable owner of premises located at 330 Evergreen Street, New Cumberland, P A 17070 , 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 September 6, 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, I .-/ AU 11L4T CERTAIN "",(;1 (J1' P",", cf.l4M. Qlf/iprflmuas. stlU4U. J~ and ben, i1I111e Bol'OUJh of Now CUXllberlmld in Ute CcunQl pi ClImbt::rlanci and CammolfWt4l111 of PmIJ.1)llVfJ~ ~ JNUdcuJariy dDl:1'ibed as foILlTrI4; l ~... BECINNlNO 41. a poim on 1M $Olflr.m: line 01 Ew1'f1"1I SI7'M t1l1M ciivi:ion litu: bcuwtll/!/f lAu Nas. 118 and lJ 11 on 1M Junillq/Jtr 1IIIIlIri(m~ pUm. wllicil poiJu Is JOO 1"4 more or lew, f1'01II the no1'1h~r1:m g)rMr of 042Z LtiIUIlJ1Id Ewrruem Slif1lSl: thence in II :o~tarly dU<<tI01l by ;stUd dtvisiQl'l IIn.. '""Bill anriIH to~fltlSlnft. 140lur JO IUllUU1tl1Mli 20foot higJrwoy; IIr4Me ill a .:ouUt'W<Cm'iy dincUcm by 1M Jill. ol/he satd wmamed hiri/wet}' a disIQ1:c'C QI SO f"'" I~ a paill! Oil tiuJ dM:iaIl'Wre lnrN.." lArs NQI, J Ii rmd JIll: 11wtt2 {II Q 1IQI'fhWl:SC8I'Iy dVfICltDIl aJollE Jai4 div~ I~ a dis~ 01140 fur 10 thB zoll1ilcrly lin. I)f ~~n SIrH!; rlr_ ill a 1l0~ dlnctwn by 1M li1Ut of :raid Evugrun Sf7'~ a JU1/JJJU of 50 f.1J to rhe poilll ami pl4C4 of lJEGlNNlNG, UNDER..AND SU1J.lECT to QlI ~triCSjOllt, ~atitmr tl1Ui eMemelll3 of reami. BEING KNOWN AS: 330 EV~RGREEN STREET NEW CUMBERLPflD, PA 17070 PROPERTY ID NO. : 26-23-0541-189C TITLE TO SAID PREMISES IS VESTED IN ANGELA E, SMITH AND EDMOND P. PETITTO BY DEED FROM DANIEL J. HOUSER AND SUZ~~E HOUSER, h~SBAND AND WIFE DATED 7/24/03 RECORDED 7/28/03 IN DEED BOOK 256 PAGE 1629. r , ~ 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 Plaintiffs 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 ofthis property at sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. ~%& Date ~~sY/~ F ancis S. Hallinan, Esquire Attorney for Plaintiff -,dO t't " '"'\) LJ Lu () -- ~ "" ~ Ct) ~ () ~ ~ ~ ~ ~ o S -r; ry" ~}\.: --:;... -::: ~:;~' r en. ;:~'":. ~ c::::> c:r" (/) rn -0 1" U\ '/ ~~= ~ -< ~ ~:n -0 hi :1:)9 gc.J -":~i ~ GC) om C5 -=--\ . . .,... (..) ~ G PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire J.D. No. 32227 Francis S. Hallinan, Esquire J.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, FA Plaintiff vs. ANGELA E. SMITH OR OCCUPANTS Defendant(s) Attorney for Plaintiff Court of Common Pleas CUMBERLAND County No. 06-5565 CIVIL TERM 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. 1//0&10 { Date PHS # 141477 ~'~i r ~ n 0S'-*..J~1t ;;.;h7 Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff I',:) (~ <::.::> c::/'l o .t:"' SHERIFF'S RETURN - NOT FOUND CASE'NO: 2006-05565 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS SMITH ANGELA E R. Thomas Kline ISheriff or Deputy Sheriffl who being duly sworn according to law1 saysl that he made a diligent search and inquiry for the within named DEFENDANT SMITH ANGELA E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT I NOT FOUND I as to the within named DEFENDANT I SMITH ANGELA E 330 EVRGREEN STREET NEW CUMBERLAND I PA 17070 330 EVERGREEN STREET IS VACANT. Sworn and 18.00 15.84 5.00 10.00 .00 48.84 ;:/ /(/O~/() ~ (~ Subscribed to before --- so~ answer. '. .,/// ~~ ~~~~~:-- ~~ . R. Thomas Kline Sheriff of Cumberland County Sheriff1s Costs: Docketing Service Not Found Surcharge PHELAN HALLINAN SCHMIEG 10/11/2006 me this day of A.D.