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Home My WebLink About06-7255Phelan, 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 PHI-I Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 v. Donald E. Wallace Or Occupants 113 Fairfield Street Newville, PA 17241 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. d~ - `.Z~ ~ ~~ ~I V Cl[VII, ACTION -EJECTMENT *'"This firm is a debt collector attempting to mllect 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 a8er 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 #: 146597 1. Plaintiff is PHH Mortgage Corporation. 2. Defendant is Donald E. Wallace Or Occupants. 3. Plaintiff is equitable owner of premises located at 113 Fairfield Street, Newville, PA 17241, 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 December 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. rancis S. Hallinan, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land together with the improvements thereon situate in the Borough of Newville, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern boundary of Iris Street, also known as Short Street, {now vacated}, which point is on the border of Lots No. 35 and 36 hereinafter referenced; thence southwardly along Lot No. 36 on a Plan of Lots of the Town of Newton recorded by John G. McFarlane in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book'E', Vol 2, Page 424, one hundred eighty (180) feet to an alley; thence by said alley, sixty (b0) feet to Lot No. 34 on the aforementioned plan of lots; thence northwardly on said Lot No. 34, one hundred eighty (180) feet to a point on the south side of the former street; thence continuing North six (06) degrees nine (09) minutes thirty (30) seconds West, twenty-five {25) feet to an iron pin in the center of the aforesaid Iris Street; thence along the center of said street, North eighty-three (83) degrees fifty (SO) minutes thirty (30) seconds East, sixty-one (61 } feet to an iron pin; thence South six {06} degrees nine (49) minutes thirty (30) seconds East, twenty-five (2S) feet along the extension of the boundary between the aforesaid Lots 35 and 36 to an iron pin at the place of BEGINNING. BEING Lot No. 35 on the above referenced Plan of Lots as enlarged by the addition of one-half of the vacated Iris Street also known as Short Street. BEING AND INTENDED TO BE all of the premises conveyed unto Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, the Grantors herein, by Deed dated February 26,1991, from Jacqueline Kiner (single woman) by her Deed which is recorded in Cumberland County Deed Book'Z', Volume 34, Page 437. See also Corrective Deed dated September 8, 1992, and recorded in Cumberland County Deed Book'W', Volume 35, Page 441 (Tract No. 1 thereof). BEING known and numbered as 113 Fairfield Street, Newvilie, Pennsylvania 17241. AND BEING the same premises which Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, by their deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Donald E. Wallace, a married man, Mortgagor herein. ~: NAilr 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 properly 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. Date rancis S. Hallinan, Esquire Attorney for Plaintiff `v ~ o ~. r_F ~ -ri ;' ( .:; r^ t_ r f ~~~ J -~ ~=_ ~^; ftl --j ~, , 0 PHELAN HALLINAN ~ SCHMIEG, LLP By: Lawrence T. Phelan, Esquire I.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 PHH MORTGAGE CORPORATION vs. DONALD E. WALLACE OR OCCUPANTS Plaintiff Defendant(s) Attorney for Plaintiff Court of Common Pleas CUMBERLAND County No. 06-7255 CIVIL TERM PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PRETUDICE , 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. ~I~s~v~ Date Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff PHS # 146597 ~'~ .1 c--; ~'.. ...-..k .~ a -- ,_ , . • .. .r SHEP~IFF'S RETURN - NOT FOUND CASE N0: 2006-07255 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS WALLACE DONALD E 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 WALLACE DONALD E but was unable to locate Him in his bailiwick. He therefore returns the ('(1MDT.Z~ TTT'T _ D.TL,rmM~r7m NOT FOUND as to the within named DEFENDANT WALLACE DONALD E 113 FAIRFIELD STREET NEWVILLE, PA 17241 113 FAIRFIELD ST IS VACANT. DEFENDANT IS CURRENTLY LIVING AT 8 N HIGH STREET NEWVILLE. Sheriff ' s Costs : So answ~e~- ~~ ;,;~.~ Docketing 18.00 ~, ~--~~ / Service 9.68 Affidavit .00 R. Th as Kline Surcharge 10.00 Sheriff of Cumberland County 00 ~~a1`t~b7 ~. 37.68 PHELAN HALLINAN SCHMIEG 01/03/2007 Sworn and Subscribed to before me this day of , A.D.