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Home My WebLink About02-3058FEDERMAN 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 A~orney for Plaintiff Cendant Mortgage Corporation 6000 Atrium Way Mount Laurel, NJ 08054 Kim D. Klose Or Occupants 6605 Carlisle Pike Mechanicsburg, PA 17055 Court of Common Pleas Civil Division Cumberland County Term CIVIl, ~.CTION = I~,.W, CTM~NT = 3020 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 1. Plaintiffis Cendant Mortgage Corporation. 2. Defendant is Kim D. Klose Or Occupants. Plaintiffis the owner of premises located at 6605 Carlisle Pike, Mechanicsburg, pA 17055 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 right and so far as the plaintiffis informed, without claim of title. Plaintiffhas 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. Order Number: A36526 Client Number: KLOSE Premises: 6605 CARLISLE PIKE, TOWNSHIP OF SILVER SPRING 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 lot of ground with improvements erected thereon situate in the Village of Hogestown, Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point which is the Northwestern corner of the lot herein described where the same corners with property now or late of Paul Rhoads and the Southern edge of the right-of-way of the Carlisle Pike, also known as U.S. Route 11; thence North 69 degrees 30 minutes East, along the Southern edge of the said right-of-way, a distance of forty (40) feet to a point; thence South 20 degrees 30 minutes East, along property now or formerly of Harry Mixell, a distance of one hundred fifty (150) feet to a point; thence South 69 degrees 30 minutes West, along the Northern edge of a fifteen (15) foot paved alley, a distance of forty (40) feet to a point; thence North 20 degrees 30 minutes West, along property now or formerly of Paul Rhoads, a distance of one hundred fifty (150) fee~ to a point; the place of BEGINNING. BEING Lot No. 39 on Plan of Hogestown and as described in accordance with the survey of Gerrit J. Betz, Registered Surveyor, dated June 1, 1972. HAVING THEREON ERECTED a dwelling house known and numbered 6605 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. BEING Tax Parcel # 38-18-1332-039. VERIFICATION Frank Federman, 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: FEDERMAN AND plllgLAN 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 ATTORNEY FOR PLAINTIFF Cendant Mortgage Corporation COURT OF COMMON PLEAS VS Kim D. Klose Or Occupants 6605 Carlisle Pike Mechanicsburg, PA CIVIL DIVISION No. 02-3058-Civil Term Cumberland County 17055 pR AF~C~IPF, FOR .IIIDGMENT IN F,.YI~C~TMENT TO THE PROTHONOTARY: Kindly enter Judgment in EjecUnent in favor of the Plaintiff, Cendant Mortgage Corporation and against the Defendant(s) Kim D. Klose and Or Occupants for possession of premises 6605 Carlisle Pike, Mechanicsburg, PA 17055 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 Plaintiffs intention to file a praecipe for Entry of default Judgment was mailed to Defendant(s), a true and correct copy of which is attached hereto. Default Judgment entered as indicated above. DATE FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 (215) 563-7000 Cendant Mortgage Corporation Kim D. Klose Or Occupants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-3058 Civil Term TO: Kim D. Klose, Or Occupants 6605 Carlisle Pike Mechanicsburg, PA 17055 DATE OF NOTICE: .July 17~ 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 you. Unless you act within ten (10) days firom the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important fights. 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 PHELAN 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 Cendant Mortgage Corporation VS Klm D. Klose Or Occupants 6605 Carlisle Pike Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 02-3058-Civil Term Cumberland County VI*RIFICATION OF NON-MII,ITARV glh'RVICE FRANK FEDERMAN, ESQUIRE, 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/are not in the Military 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. Co) That defendant Klm D. KIose Or occupants, is over 18 years of age, and resides at 6605 Carlisle Pike, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. QUIRE (~Attorney for P4aifitiff PRAEC1PE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Cendant Mortgage Corporation vs Kim D. Klose Or Occupants 6605 Carlisle Pike Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CWIL DIVISION No. 02-3058-Civil Term Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 6605 Carlisle Pike, Mechanicsburg, PA 17055 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 6605 Carlisle Pike Order Number: A36526 Client Number: KLOSE Premises: 6605 CARLISLE PIKE, TOWNSHIP OF SILVER SPRING 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 lot of ground with improvements erected thereon situate in the Village of Hogestown, Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point which is the Northwestern corner of the lot herein described where the same corners with property now or late of Paul Rhoads and the Southern edge of the right-of-way of the Carlisle Pike, also known as U.S. Route 11; thence North 69 degrees 30 minutes East, along the Southern edge of the said right-of-way, a distance of forty (40) feet to a point; thence South 20 degrees 30 minutes East, along property now or formerly of Harry Mixell, a distance of one hundred fifty (150) feet to a point; thence South 69 degrees 30 minutes West, along the Northern edge of a fifteen (15) foot paved alley, a distance of forty (40) feet to a point; thence North 20 degrees 30 minutes West, along property now or formerly of Paul Rhoads, a distance of one hundred fifty (150) fee[ to a point; the place of BEGINNING. BEING Lot No. 39 on Plan of Hogestown and as described in accordance with the survey of Gerrit J. Betz, Registered Surveyor, dated June 1, 1972. HAVING THEREON ERECTED a dwelling house known and numbered 6605 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. BEING Tax Parcel # 38-18-1332-039. SHERIFF'S RETURN -REGULAR CASE NO: 2002-03058 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPOP~ATION VS KLOSE KIM D DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon KLOSE KIM D the DEFENDANT , at 1820:00 HOURS, at 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 KIM D KLOSE a true and attested copy of COMPLAINT on the 26th day of June by handing to - EJECTMENT together with 2002 and at the same time directing Her attention to the contents thereof. Sheriff.s Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this ~ day of _~ ~Z~ A.D. ~rothonotary So Answers: R. Thomas Kline 06/27/2002 FEDERMAN & PHELAN Deputy Sheriff .... $iF_A__Y_E__D__T__HIS DATEa AS PER ATTORNEY, PROPERTY IS VACANT Sheriff's Costs: Advance Costs: 150.00 O¥~R~-E i-~g- ............. l~l<~O ................................. S1~6¥f yf +-s-- C6§ t-~ .... Z*'6-71T .... Poundage .90 103.89 P~-o tiTo fro t~r~- .......... -1=.O~ .................................................................... Milage 6.21 $~ckar_ge ............. 2_Q, .0_0_ ................................. Ke fired_ed_ _to._A~ty__om_9/13/_02 46.11 %VR. IT OF POS,SE$$IO.¥ ' E]ec~zaenr Proceedings PRC P 3 ~60 - 3 I65 e:c~ CENDANT MORTGAGE CORPORA~(~ _ _~_t _~_ A._ _ _K_L_O_S_E_ _ 9 _~_ P_C_C_U_ P_ ~_T_S_ .............. .¥o.._D.2---%0-58=CJ_VlL.T.EE.M. ......... T~.-z: 20 ...... .N'o ................................ T..-:-'-~ 20_ ..... ................................ Z_L .... P!'ff ~ . ............................ ~ ........... Pr-Dca.;. -2 1.00 Due C O .% f3~I O.N'% v E.~.L/ZrI OF COU.N ~--'Y OF CUMBF_KL,-k.N'-D: CUMBERLAND ................................... ,'. [' To ~:L~v. -be .;ud~-'v---er-:.."or .=c":~z~'ov- ia :i-.e abo '.'e ..'n:.-:er ','c.u. a:*. -~L~.c:~. :a -~e'",.'~r .=°~-~'~-sicv- et' .-~_- CENDANT MORTGAGE CORPORATION .......................................................................................... b~'.'mg: ~.?.-~'~--,se~ x~ ,or:ow~ : 6605 CARLISLE PIKE MECHANICSBURG, PA 17055 Dar: ........ ..Augvs ~- .6.~. _ 2DD.2- ......... - Curtis Ro Lon9, Prothonotary