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Home My WebLink About02-2685MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE SUITE 2226 - LAND TITLE BUILDING BROAD & CHESTNUT STREETS PHILADELPHIA, PA 19110 215/923 -2225 Attorneys for Plaintiff INTER. BAY FUNDING, LLC 2601 SOUTH BAYSHORE DRIVE, 4t~ FLOOR MIAMI, FL 33133 Plaintiff VS. RICHARD H FREY 317 STATE STREET ENOLA, PA 17025 and OCCUPANTS THEREOF RESIDING AT 317 STATE STREET ENOLA, PA 17025 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY COMPLAINT IN EJECTMENT 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 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 dfenses 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND BAR ASSOCIATION LAWYER REFERENCE SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 800 990 9108 MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE SUITE 2226 - LAND TITLE BUILDING BROAD & CHESTNUT STREETS PHILADELPHIA, PA 19110 215/923-2225 Attorneys for Plaintiff INTERBAY FUNDING, LLC 2601 SOUTH BAYSHORE DRIVE, 4TM FLOOR MIAMI, FL 33133 Plaintiff VS. RICHARD H FREY 317 STATE STREET ENOLA, PA 17025 and OCCUPANTS THEREOF RESIDING AT 317 STATE STREET ENOLA, PA 17025 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY COMPLAINT IN EJECTMENT Interbay Funding, LLC, (herein referred to as "Plaintiff") is a mortgage company, conducting business under the laws of the Commonwealth of Pennsylvania and brings this Ejectment action against Richard H. Frey and Occupants thereof residing at 317 State Street, Enola, PA 17025 (hereinafter referred to as "Defendants"). Defendants are the individuals occupying 317 State Street, Enola, PA 17025 ("premises") more fully described in the legal description attached as Exhibit "A". Plaintiff is the record owner of the premises where Defendants reside, having filed a Complaint in Mortgage Foreclosure, proceeded to judgment in that action and acquired Title to the premises via a Sheriff Sale in Cumberland County on October 28,200t. Please see a copy of the filed Writ of Execution attached as Exhibit "B". The Defendants have no valid legal right to possession and Title to the premises. Plaintiff claims the right to possession of the premises to the exclusion of the Defendants. WHEREFORE, Plaintiff requests that this Court enter a Judgment for Possession against the defendants, Richard H.. Frey and Occupants thereof residing at 317 State Street, Enola, PA 17025 with respect to the subject premises. #60068 Exhibit "A" ALL that tract or parcel of land situate in the Borough of West Fairview, Cumberland county Penn.~rlvania, being more particularly bounded and described as follows: BEGINNING at a point at the comer of la~ds of John Miller and the State Road, thence in an easterly course, along said road fifty non (59) feet to the comer of a ten (10) feet wide alley; thence in a northerly course by said alley (partly) fifty five (55) feet to the run; thence up said run, in a northwesterly corn-se, sixty eight (68) feet to a comer adjoining Rupley lot at the run; thence in a northwesterly course, by said run fifty eight (58) feet to a point at the comer of land of $ohn Miller (formerly Mrs. Israel); thence by said land of John Miller one hundred seven (107) feet moro or less, to the place of BEGIN'NIHG. It being improved by a one story frame dwelling house, known as 317 State Str4eeq Fairview, Penn.,rylvania. .. pARCEL ID NO.: 45-17-1044-140 IN THE Cf~RT OF Caption~ Interbay Funding, L.L.C., as Servicer For First Un~onNattonal B-nkAs Indenture Trustee vs. ~t/ch,~d k. Frey a/k/a P~chard Howard Frey CIV/~DMSICN : File-No. 2001~01250-P Amount Due $28,754.93 : Interest from S/15/O1 to 3/6/01 $2,773~00 : Atty's Co~ra Costs TO THE P~OTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retat 1 inst~l.l-~nt sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original prOCeed/rig filed pursuant to Act 7 of 1966 as amehded; a~-~ for real properi-y pursuant to'*Act 6 of 1974 as amended. FOR E~O.3~ issue writ of executioa in the above matter to the Sheriff of Cum~erla~4 County, for debt, interest and costs upon the followingdescribedproperty of the defendant(s} H~chard H. Fret a/k/a R4ehnFd ~..w~rd FreT FOR ATTAC~l~ E~KL'U/~ Issue writ of attachrent to the Sheriff of 'O,~herland ' County, for debt, interest a~d costs, as above, .directing attachment ~gainst the above-n~med ~aznishee(s) for the follow/rig property (if ~ estate, supply six copies of the description; supply four copies of lengthy personalty list) 317 State Street, l~-ola, PA 1702_5 (See attached leF~l description) and ail other, property of the defendant(s) in the pos~assion, custody or control of the said garnish( s). (Indicate) Index this writ against the garnishee(s) as a. lis pendens against real estate of the defendant(s)described in the attached ex~, 'b~i~.. DATE= O~nh~r 28. 2001 Signatute. Print Ne~e: Sharon O~as Morgan, ~squ/re Address: ~d Title Butldtns~ Sulte 222~ lqut/adelph/a, PA 19110 Attorney for= Plaintiff Telephone= (215) 923-2225 Supreme Court ID No.: 6006'8 MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE SUITE 2226 - LAND TITLE BUILDING BROAD & CHESTNUT STREETS PHILADELPHIA, PA 19110 215/923 -2225 Attorneys for Plaintiff INTERBAY FUNDING, LLC 2601 SOUTH BAYSHORE DRIVE, 4~ FLOOR MIAMI, FL 33133 Plaintiff VS. RICHARD H FREY 317 STATE STREET ENOLA, PA 17025 and OCCUPANTS THEREOF RESIDING AT 317 STATE STREET ENOLA, PA 17025 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: COMPLAINT IN EJECTMENT