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Home My WebLink About07-0305Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 Attorney for Plaintiff One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Bank Of New York As Trustee For The Certificate Holders CWABS, Inc., Asset-Backed Certificates, Series Court of Common Pleas 2004-6 7105 Corporate Drive Civil Division Plano, TX 75024 Cumberland County V. Term Cathy J. Swartzwelder Or Occupants No. ?7 - JOS Cl U L L 25 Old Stonehouse Road Carlisle, PA 17013 CIVIL ACTION - EJECTMENT *n 'his 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 alien 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PHS #: 147907 A 1. Plaintiff is Bank Of New York As Trustee For The Certificate Holders CWABS, Inc., Asset- Backed Certificates, Series 20046. 2. Defendant is Cathy J. Swartzwelder Or Occupants. 3. Plaintiff is equitable owner of premises located at 25 Old Stonehouse Road, Carlisle, PA 17013, 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. ancis S. Hallinan, Esquire Attorney for Plaintiff LEGAL DESC'RIr nON ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Chris A. Hoover, RPLS, dated 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 82, Page 121, as follows: BEGINNING at a point on dedicated right of way lime of Old Stonehouse Road, S.R. 2002 at lands now or formerly of Joe Garvey; thence along dedicated right of way line of Old Stonehouse Road, S.R. 2002 North 11 degrees 39 minutes 34 seconds West 200.00 feet to a point; thence along other lands now or formerly of Betty Zeigler North 81 degrees 30 minutes Fast 404.75 feet to a point; thence still along lands of Betty Zeigler South i 1 degrees 39 minutes 34 seconds East 200.00 feet to a point; thence along lands now or formerly of Joe Garvey South 81 degrees 30 minutes West 404.75 feet to a point, the Place of BEGINNING. BEING THE SAME PREMISES which Betty A. Zeigler, widow, granted and conveyed unto Mildred B. Hurley, widow, and Cathy J. Swartzweldcr, as joint tenants with right of survivorship and not as tenants in common, by deed dated March 13, 2001, in the Recorder of Deeds in and for Cumberland, PA in Record Book 240, Page 982, and recorded on March 14, 2001. The aforementioned Mildred B. Hurley, having died on April 8, 2002, whereby her interest passes to her daughter, Cathy J. Swartzwelder, as the surviving tenant PROPERTY BEING: 25 OLD STONEHOUSE ROAD 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 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. i 0,7 Da rancis S. Hallinan, Esquire Attorney for Plaintiff V i ? r hr v7 P t1 C N ?C`j w Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 Attorney for Plaintiff 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Bank of New York, as Trustee for the Certificate Holders CWABS, Inc., Asset-Backed Certificates, Series 2004-6 VS. COURT OF COMMON PLEAS CIVIL DIVISION No. 07-305-Civil Term Cumberland County Cathy J. Swartzwelder Or Occupants 25 Old Stonehouse Road Carlisle, PA 17013 PRAECIPE FOR JUDGMENT IN EJECTMENT TO THE PROTHONOTARY: Kindly enter Judgment in Ejectment in favor of the Plaintiff, Bank of New York, as Trustee for the Certificate Holders CWABS, Inc., Asset-Backed Certificates, Series 2004-6 and against the Defendant(s) Cathy J. Swartzwelder and Or Occupants for possession of premises, 25 Old Stonehouse Road, Carlisle, PA 17013 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 her to. qAtt s S. Hallinan, Es ire ey for Plaintiff Default Judgment entered as indicated above. DATE PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATE HOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2004-6 : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. :NO. 07-305-CIVIL TERM CATHY J. SWARTZWELDER OR OCCUPANTS Defendants TO: CATHY J. SWARTZWELDER OR OCCUPANTS 25 OLD STONEHOUSE ROAD CARLISLE, PA 17013 DATE OF NOTICE: MARCH 9.2007 ,E ' THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 . FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Attorney for Plaintiff Identification No. 62695 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Bank of New York, as Trustee for the Certificate Holders CWABS, Inc., Asset-Backed Certificates, Series 2004-6 COURT OF COMMON PLEAS CIVIL DIVISION vs. No. 07-305-Civil Term Cumberland County Cathy J. Swartzwelder Or Occupants 25 Old Stonehouse Road Carlisle, PA 17013 VERIFICATION OF NON-MILITARY SERVICE FRANCIS S. HALLINAN, 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. (b) That defendant Cathy J. Swartzwelder Or occupants, is over 18 years of age, and resides at 25 Old Stonehouse Road, Carlisle, PA 17013. This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unworn falsification to authorities. S. Hallinan, E v for Plaintiff l? X-n Fn `?? rv Zn PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA County of Cumberland Bank of New York, as Trustee for the Certificate Holders CWABS, Inc., Asset-Backed Certificates, Series 2004-6 COURT OF COMMON PLEAS CIVIL DIVISION VS. No. 07-305-Civil Term Cumberland County Cathy J. Swartzwelder Or Occupants 25 Old Stonehouse Road Carlisle, PA 17013 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of. 25 Old Stonehouse Road, Carlisle, PA 17013 **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 25 Old Stonehouse Road tanci S. Hallinan, Es e to ey for Plaintiff a ? w, u C -Aal W fi A w O C t :. I Z -is Ut, ? !U C i 1 fry- r N -v N Ln 9; :S) ?m EVICTION AFFIDAVIT OF SERVICE - CUMBERLAND PLAINTIFF: BANK OF NEW YORK, AS TRUSTEE. TERM NO. 07-305-CIVIL TERM DEFENDANT: CATHY J. SWARTZWELDER OR OCCUPANTS SERVE AT: 25 OLD STONEHOUSE ROAD CARLISLE, PA 17013 PLEASE MOST THE PREMISES & SCHEDULE THE NBIT AVAILABLE EV=8N DATE. Served and made known to Defendant on the day of , 2007_, at - o'clock, _. M., at , City of Carlisle, Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said defendant company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to Writ of Possession issued in the captioned case on the date and at the address indicated above. On the day of , 2007-, at o'clock _. M., Defendant NOT FOUND because: _ Moved _ Unknown - No Answer _ Vacant Other: Sworn to and subscribed before me this day of , 2007. By: Notary ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esquire I.D.#62695 One Penn Center @ Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia PA 19103-1814 0 15) 563-7066 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) '%BANKtt)F NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET-BACKED CERTIFICATES, SERIES 2004-6 No. No. vs. CATHY J. =9ff LD'f OR OCCUPANTS Att'y. - - I Pl'ff (s) J Prothy. 07-305-CIVIL TERM 'Penn Term Costs $ 137,34 $ 2-00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS, INC., ASSET-BACKED CERTIFFCATES, SERIES 2004-6 being: (Premises as follows): 25 OLD STONEHOUSE ROAD CARLISLE, PA 17013 Plaintiff (s) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. C C f Cumberland County, Pennsylvania Date MARCH 21, 2007 By: (SEAL) Deputy CD ro r d 'G Cr1 H D y !v °z o 9 x ? ?0 C) Lt=1. F- -? w?O U) b 'b y CCD O -n 0 b? n y ;b w a WO cn ? (7 O n ?> N a n bd CD En M U) ? (? ?y x H ° ??„ ? J I? ??.y I W L-4 W H Paz ?? yp O N ?o x Cy rzj 'I M. n O t 7 tzj H O ? ? any y0 M C) z ro PO n? Z b z H [ f Jed N v i H Cx=1 r y v1 ? Q p- 6R se H9 b9 , By virtue of this writ, on the day of I caused the within named 0 0 c r H t=i C D, H CAD have possession of the premises described with the appurtenances, and to So Answers, Sworn and subscribed to before me this day of Sheriff By LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Chris A. Hoover, RPLS, dated 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 82, Page 121, as follows: BEGINNING at a point on dedicated right of way line of Old Stonehouse Road, S.R. 2002 at lands now or formerly of Joe Garvey; thence along dedicated right of way line of Old Stonehouse Road, S.R. 2002 North I I degrees 39 minutes 34 seconds West 200.00 feet to a point; thence along other lands now or formerly of Betty Zeigler North 81 degrees 30 minutes East 404.75 feet to a point; thence still along lands of Betty Zeigler South 1 i degrees 39 minutes 34 seconds East 200.00 feet to a point; thence along lands now or formerly of Joe Garvey South 81 degrees 30 minutes West 404.75 feet to a point, the Place of BEGINNING. BEING THE SAME PREMISES which Betty A. Zeigler, widow, granted and conveyed unto Mildred B. Hurley, widow, and Cathy J. Swartzwelder, as joint tenants with right of survivorship and not as tenants in common, by deed dated March 13, 2001, in the Recorder of Deeds in and for Cumberland, PA in Record Book 240, Page 982, and recorded on March 14, 2001. The aforementioned Mildred B. Hurley, having died on April 8, 2002, whereby her interest passes to her daughter, Cathy J. Swartzwelder, as the surviving tenant. PROPERTY BEING: 25 OLD STONEHOUSE ROAD sac#09MO T PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Esquire Atty. I.D. No.: 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE FOR THE CERIFICATEHOLDERS CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-6 Attorney for Plaintiff Plaintiff Court of Common Pleas CUMBERLAND County VS. No. 07-305-CIVIL TERM CATHY J. SWARTZWELDER OR OCCUPANTS Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, SATISFY JUDGMENT AND DISCONTINUE AND END ACTION, WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, satisfy the judgment and mark this case discontinued and ended, upon payment of your costs only. 0(o 6 O 7 r?nc?? ??t7 Date Francis S. Hallinan Attorney for Plaintiff PHS # 147907 co +,' {' C`3 SHERIFF'S RETURN - REGULAR CASE NO: 2007-00305 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS SWARTZWELDER CATHY J MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon SWARTZWELDER CATHY J the DEFENDANT , at 1650:00 HOURS, on the 16th day of February-, 2007 at 25 OLD STONEHOUSE ROAD CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.84 Affidavit .00 Surcharge 10.00 .00 /01/6 4 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/20/2007 PHELAN HALLINAN SCHMIEG By: Depu y Sheriff of A. D. WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) 4BANKiOF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET-BACKED CERTIFICATES, SERIES 2004-6 No, 07-305-CIVIL TERM Term VS. CATHY J. SOArfZWnfiff OR OCCUPANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND No. Term Costs Att'y. $ 137.34 Pl' ff (s) $ Prothy. $ 00- County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS, INC., ASSET-BACKED CERTIIFCATES, SERIES 2004-6 being: (Premises as follows): 25 OLD STONEHOUSE ROAD CARLISLE, PA 17013 Plaintiff (s) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. of Ctuntxaiand County, Pennsylvania )ate MARCH 21, 2007 By: (SEAL) Deputy cli 11) S ? O En d H c? PO z ? 90 tZI V cn ?p O CrJ N W "? t7 a y cn o 0 y y 0 y NyC)to 0Cn? cz x ?MH to H En CrJ [=7 Etil ' r O n y 000 C 0 PO U r) O ?b d ?En> 0 C Q y d H a M b; 0 ??C,' t i 0 En En M ?, 0 tzl ?0? zz ?z ' b z i P V r ?O Y By virtue of this writ, on the I caused the within named day of 0 0 have possession of the premises described with the appurtenances, and _ PossosG!'ov P.,r G. Writ of Uzi returned STAYED 5/4/07 by to Atty Sheriff's Return Advance Costs: 150.00 Docketing 18.00 Sheriff's Costs: 45.70 Surcharge 20.00 104.30 Poundage 90 Prothy ''2:00 Milage 4.80 Refunded to.Atty on 5/4/07 4 5 . -70 Sworn and subscribed to before me this ' day of So Ans ?rawgrill? ?.1 heriff By l ?.Gat;.?_ l...A n.,:-0(c' c rave