The URL can be used to link to this page

Home My WebLink About02-5473 "THIS IS NOT AN ARBITRATION CASE" "AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PARKTON ENTERPRISES, INC., Plaintiff, V. ORLANDO TORRES, JR. and ANAILDA MALAVE, Defendants. I hereby certify that the address of the Plaintiff is: 11350 McCormick Road, Suite 200 Hunt Valley, MD 21031 and that the address of the Defendants are: 705 Erford Road, Camp Hill, PA 17011 CERTIFICATE OF LOCATION I hereby certify that the location of the Real Estate affected b,, this action is: 705Er~ ~R° ~Hill, PA 17011 Scot[ .4. D~t~rick, Em uire Attorney for Plaintiff CIVIL DIVISION NO.: O;;;k. -- ~q ~ ISSUE NO.: TYPE OF PLEADING: CIVIL ACTION - COMPLAINT IN EJECTMENT CODE - FILED ON BEHALF OF: Eastern Savings Bank, FSB, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA I. D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 To: Defendant(s) You are hereby notified to plead to the enclosed Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. Scott A. Dietterick, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PARKTON ENTERPRISES, INC., Plaintiff, VS. ORLANDO TORRES, JR. and ANAILDA MALAVE, Defendants. CIVIL DIVISION NO.: NOTICE TO DEFEND 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 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 mo~ey 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PARKTON ENTERPRISES, INC., Plaintiff, VS. ORLANDO TORRES, JR. and ANAILDA MALAVE, Defendants. CIVIL DIVISION NO.: AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PARKTON ENTERPRISES, INC., : CIVIL DIVISION Plaintiff, VS. ORLANDO TORRES, JR. and ANAILDA MALAVE, Defendants. NO.: .CIVIL ACTION - COMPLAINT IN EJECTMENT AND NOW, comes Parkton Enterprises, Inc. ("Plaintiff"), by and through its attorneys, James, Smith, Durkin & Connelly LLP, and files this Complaint in Ejectment as follows: 1. Thc Plaintiffis Parkton Enterprises, Inc., which has its principal place of business at 11350 McCormick Road, Suite 200, Hunt Valley, Maryland 21031. 2. The Defendants arc Orlando Torres, Jr. and Anailda Malave ("Defendants"), adult individuas residing within thc Commonwealth of Pennsylvania at 705 Erford Road, Camp Hill, Pennsylvania 17011. 3. By Sheriffs Deed, dated September 24, 2002, and recorded September 25, 2002 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, at Deed Book 253, Page 3573, the Sheriff of Cumberland County has c0nveycd to Plaintiff, all that certain lot or piece of ground, with improvements erected thereon, known as 705 Erford Road, Camp Hill, Pennsylvania 17011, and as more fully described in the Deed. A true and correct copy of said Sheriffs Deed is marked Exhibit "A", attached hereto and made a part hereof. 4. During the pendency of the Mortgage Foreclosure Action of Eastern Savings Bank, FSB, predecessor in interest to Plaintiff, on the aforesaid premises docketed at no. 00-4692 Civil, Defendants were served, as owners of the aforesaid premises, with a true and correct copy of the Complaint in Mortgage Foreclosure by the Sheriff of Cumberland County. 5. Under the same Term and Number, Defendants were served as owners of the aforesaid premises with a Notice of Sheriffs Sale scheduling the sale for September 4, 2002. Defendants were served on March 14, 2002, personally by the Sheriff of Cumberland County. A true and correct copy of Plaintiffs Affidavit of Service is marked Exhibit "B", attached hereto and made a part hereof. 6. In addition, the aforesaid premises was posted with the Sheriffs Handbill and Notice of Sale. 7. By letter, dated October 1, 2002, Defendants and Current Occupant, if any, were notified by counsel for the Plaintiff to vacate the premises on or before October 14, 2002, via Certified Mail, Return Receipt Requested and First Class U.S. Mail, postage pre-paid, with a Certificate of Mailing. A true and correct copy of the letter, Certified Mail Receipt and Certificate of Mailing are marked Exhibit "C", attached hereto and made a part hereof. 8. To date, Defendants have failed or refused to vacate the premises, and therefore, Defendants are occupying, using and enjoying the premises without right and Claim of Title. 9. Defendants have unjustly and unlawfully retained possession of the premises to the detriment of Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants for possession of the premises known as 705 Erford Road, Camp Hill, Pennsylvania 17011, together with such other relief as this Honorable Court may deem necessary and appropriate. By:JAMES' SMf~), ONNELLY Scott ~k. 12~etterick, Esquire PA I. D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LLP EXHIBIT "A" Tax Parcel No..09-16-1050-166 Know all Men by these Presents That I, R. Thomas Kline, Shcriffofthe County of Cumberland, In thc State of Pennsylvania, for and in consideration of the sum of$1.00, ~, to me in hand paid, do hereby grant and convey to Parkton Enterprises~ Inc. REAL ESTATE SALE No. 41 Writ No. 2000-4692 Civil Term Eastern Savings Bank, FSB V$ ~ Orlando Torres, Jr. and AnaJlda Malave Arty: Scott A. Dietterfck DESCRIPTION AI J. THAT CERTAIN tract or parcel of land situate in East Peans- boro Township, Cumberland C. ou?ty., Pennsylvania, more partic- ~l,.arly boanded and described as OllOWS, to wit: BEGINNING at a point on the Northerly line of Erford Road (East), which point is 84.06 feet East of the Northeasterly line between Lots Nos. 1 and 2Y, Block "I", on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 2 deg,'ecs 10 minutes West, 150 feet to a point; thence North 87 degrees 50 min- utes East, 37.5 feet to a point at dividing line between Lots Nos. 2X and 2Y, Bleek "I", on said Plan; thence along said dividing line and through the center of a partition wall and beyond, South 02 degrees 10 minutes East, 150 feet to a point on the Northerly line of Erford Road (Ess0, aforesaid; thence along same, South 87 degrees 50 minutes West, 37.5 feet to a point the place of BEGINNING. ' BEING Lot No. 2Y, Block "I', in Plan No. 8, Ridley Park, which Plan is recorded in the Office of the Recorder of Decds in and for Cum- berland County, Pennsylvania in Plan Book 16, Page 49. HAVING thereon erected a dwelling house being known and numbered as 70:5 Erford Road, Camp Hill, Pem~ylvania~ UNDER AND SUBJECT to any ' conditions, easements, restrictions and rights-of-way of record. BI~ING the' same premises which Avstar Mortgage Corpora-- don, a PA Corporation, by Deed dated December 29, 1998 and recorded on January 5, 1999 in and for Cumberland County, in deed Book Volume 192, Page 378, granted and conveyed unto Orlando Torres, Jr. and Anailda Maiave, single individuals as joint Parcel No.: 09-16-1050-16C. The same having been sold by me to the said grantee on the 4th day of.September Anno Domini Two Thousand and Two (.2002) after due advertisement according to law, under and by Virtue ora Writ of Execution issued on the .20th day of.February Anno Domini 2002 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand (2000) Number 4692, at the suit of Eastern Savings Bank, FSll a~ainst Orlando Torres~ Jr. and Anailda Malave, 253 P 3574 In Witness Whereof, I have hereunto affixed my signature this2_4th day of 8e~t. Anno Dornini Two Thousand and Two (2002) R. Thomas Kline, ~heriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Penn.qylvania, personally appeared R. Thomas Kline, Sheriffof Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 24 th day of 8ept.Anno Domini Two Thousand and Two. (2002) ~rothohota:7 _----'-'z22U-~-.---/J- I h~eby c~ ~at the residence ~d Post Office Mdress of~e Wit~n Gr~tee is ~t v~, ~ 21031 253 c[3575 EXHIBIT "B" II. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVIIGS BANK, FSB, Plaintiff, VS. ORLANDO TORRES, JR. and ANAILDA MALAVE, Defendants. : CIVIL DIVISION : NO.: 00-4692 Civil : ISSUE NO.: TYPE OF PLEADING: Pa. ILC.P. RULE 3129.2{C) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Eastern Savings Bank, FSB, Plaintiff COUNSEL OF ~CO~ FOR~I Sco~ A Die~efick, Esquire Pa. I.D. g55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, : CIVIL DIVISION Plaintiff, : : VS. : ORLANDO TORRES, JR. and : ANAILDA MAI.AVE, : : Defendants. : NO.: 00-4692 Civil Term pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE O1,' DEFENDANTS/OWNERS AND OTHER PARTIES OF INrERESi' I, Scott A. Dietterick, Esquire, attorney for Eastern Savings Bank, FSB, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendants/Owners and Other Parties of Interest as follows: real property. 2. Defendants, Orlando Torres, Jr. and Anailda Malave, are the record owners of the On or about March 14, 2002, Defendants, Orlando Torres, Jr. and Anailda Malave, were served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, personally by the Sheriffof Cumberland County, at the address of the mortgaged premises, being 705 Erford Road, Camp Hill, Pennsylvania 17011. A true and correct copy of said Notices of Sale are marked Exhibit "A", attached hereto and made a pan hereof. 3. On or about April 22, 2001, Plaintiff's counsel served all other parties in interest with PlaintifFs Notice of SherifFs Sale according to Plaintiff's Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAMES, SMI Dated: / ?' BY:_ Soo. Pa. I.D. #55650 Sworn to and subscribed before me this day of... ?~? 2002. Not~ Public ONNELLY ~lr~,, Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (7I 7) 533-3280 MY COMMISSION EXPIRES: LLP EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CLrMBE~AND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, VS. ORLANDO TORRES, JR. and ANAILDA MAI,AVE, Defendants. CIVIL DIVISION NO.: 00-4692 Civil NOTICE OF SI-II~FF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVAN/A RULE OF CML PROCEDURE. 3129 Anallda Malave 705 Erford Road Camp Hill, PA 170I 1 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, June 5, 2002, at t 0:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting ora statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 705 Erford Road Camp Hill, PA 17011 Cumberland County The JUDGIv[ENT under or pursuant to which your property is being sold is docketed to: No. 00-4692 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Orlando Torres, Jr. and Anailda Malave A SCHEDULE OF DISTRIBU~TION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed bv the Sheriff(for example to banks that hold mortgages and municipalities that are owed ta}ces), will be filed by the Sheriffthinv (30) days after the sale, and distribution of the proceeds of sale in accordance with this' schedule will, in fact, be made unless someone objects by filing exceptions to it. within ten (10) days of the date it is filed. Information about the Schedule of Distn'bution'may be obtained from the Shefiffof the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgrnent. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these fights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE Ok'Ih'ICE SET FOR'Ill BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (7I 7) 240-6200 TIq~ LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court ffyou are aware ora legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. Th/s petition mflst be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor befo.re presentation to the Court and'a proposed order or rule must be attached to the petition. Ifa specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DLrRKIN & CONNELLY LLP BY: l i Scott A. Diettdrick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAll,, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Penn,qboro Township, Cumberland County, Permsylvania, more-particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Erford Road (East), which point is 84.06 feet East of the Northeasterly line between Lots Nos. 1 and 2Y, Block '~i". on the he. reinaf~er mentioned Plan of Lots; thence along said dividing line, North 9z de~eek 10 m_mutes West, 150 feet to a point; thence North 87 de,ecs 50 minutes East, 37.5 feet to a point at dividing line between Lots Nos. 2X and 2Y, Block "I", on said Plan; thence along said dividing tine and through the center ora partition wall and beyond, South 02 de,ecs 10 minutes East, 150 feet to a point on the Northerly line of Erford Road (East), aforesaid; thence along same, South 87 degrees 50 minutes West, 37.5 feet to a point, the place of BEGINNE~G. - BE~2qG Lot No. 2Y, Block "I", in Plan No. 8, Ridley Park, which Plan is recorded in the OfiDce of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 16, Page 49. HAVING thereon erected a dwelling house being 'known and numbered as 705 Erford Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to any conditions, easements, restrictions and rights-oD way of record. BEING the same premises which Avstar Mortgage Corporation, a PA Corporation,. by Deed dated December 29, t998 and recorded on January 5, 1999 in and for Cumberland County, in Deed Book Volume 192, Page 378, gamed and conveyed unto Orlando Torres, Jr. and Anailda Malave, single individuals as joint tenants. Parcel No.: 09-16-I 050-16C Exhibit "A" IN TI~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, : Phintiff, : VS. ORLANDO TORRES. JR. and : ANAILDA MALAVEi : Defendants. : CIVIL DIV/SlON NO.: 00-4692 Civil _NOTICE OF SHERIFF'S SALE PENNsyOi~2~PE~.R_T~___PURS UA-N~ TO LVANIA RULE OF CML PROCEDURE 3129 Orlando Torres, Jr. 705 Erford Road Camp Hil/, pA 17011 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, June 5, 2002, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in deta//in a legal description cons/sting ora statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTAC/--~D AS EXHIBIT "A"). The LOCATION of your property to be sold is: 705 Erford Road Enola, PA ~7025 Cumber/and County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-4692 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE.' Orlando Torres, Jr. and Anailda Malave A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be flied by the Sheriffthir~ (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distn'oution may be obtained from the Sheriffofthe Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. ' THIS PAPER IS A NOTICE OF ~ TIME AN~D PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Jud~m'nent against you. It may cause your property to be held, to be sold or taken to pay the JudgTnent. You may have legdl rights to prevent your property fi:om being taken. A lawyer can advise you more spec/fically of these fights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT _WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Car/isle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment fi=you have a meritorious defense against the person or company that has emered judgmem against you. You may also file a petition with the same Court if you are aware cfa legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of .Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition rrlust be filed ' before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. Ifa specific return date is desired, such date must be ' obtained fi.om the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania I the Court. 701~, before presentation of the petition to JAMES, SMITH, BY: _ / Soon A. D e~}~k, Esqu~e Pa. I.D. ~55650 A~omeys for P~t~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel oflund Township, Cumberland County, situate in East Permsboro - Permsylvan/a, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Erford Road (East), which point is 84.06 feet East of the Northeasterly 1/ne between Lots Nos. I and 2Y, Block 'T', on the hereinafter mentioned Plan of Lots; thence along said dividing line, North'2 de~ees 10 rninutes West. 150 feet to a point; thence North 87 dearees 50 ' point at dividing line between Lots Noq 7¥ ~-~ ~,, ~ ...... minutes East, 37.5 feet to a said dividin~ tine o,-~ ,~_A. ,_ ~, . ~. -~ ,~u _~, moc}: ~t , on said Plan' thene 10 minm~ ~ ~-~ ~a~,ugn me center o~a partition wall and bevo,,~ q,,,,~ ,,;,-.~e along ...... · ~ *~unneriy ~me ollZrI0rd Road (East) aforesaid; thence along same, South 87 dearees 50 m/nutes West. 37.5 feet to a point, the place of BEGINNING. ~ BEING Lot No. 2Y, Block 'T', in Plan No. 8, R/dley Park, which Plan/s recorded in the O~ce of the Recorder of Deeds/ri and for Cumberland County, Penns.;qvania ki Plan Book 16, Page 49. HAVING thereon erected a dwelling hous~ being known and numbered as 70q Erford Road, Camp Hill, Pennsylvartia. - UNDER A_ND SL~BJECT to any conditions, easements, restrictions and rights-of- way of record. , BEING the same premises which Avstar Mortgage Corporation, a PA Corporation, by Deed dated December 29, 1998 and recorded on January 5, I999 in and for Cumberland County, in Deed Book Volume 192, Page 378, granted and conveyed unto Orlando Torres, Jr. and Anai/da Malave, single individuals as joint tenants. Parcel No.: 09-16-t050-I6C Exhibit "A" EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, VS. ORLANDO TORRES, JR. and ANAILDA MALAVE, Defendants. CIVIL DIVISION NO.: 00-4692 Civil NOTICE TO LIENItOLDERS AND OTI-IF, R PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 5, 2002 at 10:00 a.m., the following described real estate which Orlando Torres, Jr. and Anailda Malave are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 705 Erford Road Enola, Pennsylvania 17025 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). · The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plaintiff, VS. ORLANDO TORRES, JR. and ANAII,DA MALAVE, Defendant(s). at EX. NO. 00-4692 Civil in the amount of $83,323.89, plus interest and costs. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed w/th the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sherifl,s Sale or this Notice, you should contact your attorney as soon as possible. Dated: JAMES, SMITH, DURKIN & CONNELL' By: Scott LLP ick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Townskip, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Erford Road (East), which point is 84.06 feet East of the Northeasterly line between Lots Nos. 1 and 2Y, Block 'T', on the he. rei.naf?.r, m. en.t!o~n,ed Plan of.Lots! thence along said dividing line, North 2 degrees 10 minutes west, ~u teet to a point; thence North 87 degrees 50 minutes East, 37.5 feet to a point at dividing line between Lots Nos. 2X and 2Y, Block "I", on said Plan; thence along said dividing line and through the center of a partition wall and beyond, South 02 degrees 10 minutes East, 150 feet to a point on the Northerly line of Erford Road (East), aforesaid; thence along same, South 87 degrees 50 minutes West, 37.5 feet to a point, the place of BEGINNING. BEING Lot No. 2Y, Block "I", in Plan No. 8, Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 16, Page 49. HAVING thereon erected a dwelling house being known and numbered as 705 Erford Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to any conditions, easements, restrictions and rights-of- way of record. . BEING the same premises which Avstar Mortgage Corporation, a PA Corporation, by Deed dated December 29, 1998 and recorded on January 5, 1999 in and for Cumberland County, in Deed Book Volume 192, Page 378, granted and conveyed unto Orlando Torres, Jr. and Anailda Malave, single individuals as joint tenants. Parcel No.: 09-16-1050-16C Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, VS. ORLANDO TORRES, JR. and ANAILDA MALAVE, Defendants. CIVIL DIVISION NO.: 00-4692 Civil NOTICE TO LIENHOLDERS AND OTltFR PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out o£the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in 'the CUMBERLANrD COUNTTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 5, 2002 at 10:00 a.m., the following described real estate which Orlando Torres, Jr. and Anailda Malave are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 705 Erford Road Enola, Pennsylvania 17025 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plaintiff, VS. ORLANDO TORRES, YR. and ANAILDA MALAVE, Defendant(s). at EX. NO. 004692 Civil in the mount of $83,323.89, plus interest and costs. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sher/ffno later than ten (105 days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: JAMES, SM][TH, DURKIN & CONNELLY~ Scott A.~Di~tteri~k, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Erford Road (East), which point is 84.06 feet East of the Northeasterly line between Lots Nos. 1 and 2Y, Block 'T', on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 2 degrees 10 minutes West, 150 feet to a point; thence North 87 degrees ,5,~0,,minutes Ea.qt, 37.5 feet to a point at dividing line between Lots Nos. 2X and 2Y, Block I , on said PI~; thence along said dividing line and through the center ora partition wall and beyond, South 02 degrees 10 minutes East, 150 feet to a point on the Northerly line of Erford Road (East), aforesaid; thence along same, South 87 degrees 50 mLnutes West, 37.5 feet to a point, the place of BEGINNING. BEING Lot No. 2Y, Block 'T', in Plan No. 8, Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 16, Page 49. HAVING thereon erected a dwelling house being known and numbered as 705 Erford Road, Camp Hill, Pennsylvarfia. UNDER AND SUBJECT to any conditions, easements, restrictions and rights-of- way of record.. BEING the same premises which Avstar Mortgage Corporation, a PA Corporation, by Deed dated December 29, 1998 and recorded on January 5, 1999 in and for Cumberland County, in Deed Book Volume 192, Page 378, granted and conveyed unto Orlando Torres, Jr. and Anailda Malave, single individuals as joint tenants. Parcel No.: 09-16-1050-16C Exhibit "A" 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, ' CIVIL DIVISION Plaintiff, : VS. ORLANDO TORRES, YR. and · ANAILDA MA_LAVE, : Defendants. : NO.: 00-4692 Civil .NOTICE TO LIENHOLDERS ANI) OTHER PARTIES IN INTERES'i' PURSUANT TO Pa.R.C.P. 3129Co) '5 TO: PA Housing Finance Agency Homeowners Assoc. Mortgage Assistance Program 2101 Front Street Hamsburg, PA 17105 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there witl be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 5, 2002 at I0:00 a.m., the following described real estate which Orlando Torres, Jr. and Anailda Malave are the owners or reputed owners and on which you mav hold a lien or have an interest which could be affected by the sale of.' 705 Erford Road Enola, Pennsylvania 17025 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). - The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plaintiff, VS. ORLANDO TORRES, JR. and ANAII.DA MALAVE, Defendant(s). at EX. NO. 00-4692 Civil in the amount of $83,323.89, plus interest and costs. Claims against property, must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made w/th the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than th/ny (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sher/ffno later than ten (10) days from'the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMIT~I, CONI~EL~ PA ID #55650 I)URKI2~ & Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Erford Road (East), which point is 84.06 feet East of the Northeasterly line between Lots Nos. 1 and 2Y, Block 'T', on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 2 degrees 10 minutes West, 150 feet to a point; thence North 87 degrees 50 minutes East, 37.5 feet to a point at dividing line between Lots Nos. 2X and 2Y, Block "I", on said Plan; thence along said dividing line and through the center of a partition wall and beyond, South 02 degrees 10 minutes East, 150 feet to a point on the Northerly line of Erford Road (East), aforesaid; thence along same, South 87 degrees 50 minutes West, 37.5 feet to a point, the place of BEGINNING. BEING Lot No. 2¥, Block "I", in Plan No. 8, Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 16, Page 49. HAVING thereon erected a dwelling house being known and numbered as 705 Erford Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to any conditions, easements, restrictions and rights-of- way of record. BEING the same premises which Avstar Mortgage Corporation, a PA Corporation, by Deed dated December 29, 1998 and recorded on January 5, 1999 in and for Cumberland County, in Deed Book Volume 192, Page 378, granted and conveyed unto Orlando Torres, Jr. and Anailda Malave, single individuals as joint tenants. Parcel No.: 09-16-1050-16C Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, : : Plaintiff, : VS. : : ORLANDO TORRES, JR. and · ANAILDA MALAVE, . : Defendants. : CIVIL DIVISION NO.: 00-4692 Civil NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland Coun .ty, Pennsylvania, and to the Sheriff of Cumberland County. directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on June 5, 2002 at 10:00 a.m., the follow/ng described real estate which Orlando Torres, Jr. and .Anailda Malave are the owners or reputed owners and on which you may hold a lien or have an ~nterest which could be affected by the sale of: 705 Erford Road Enola, Pennsylvania 17025 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). 'The said Writ of Execution has been issued on a judgment in the action of EASTERN SAViNGS BANK, FSB, Plaintiff, VS. ORLANDO TORRES, JR. and ANAILDA MALAVE, Defendant(s). at EX. NO. 00-4692 Civil in the amount of $83,323.89, plus interest and costs. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments w/th regard to the Sherif£s Sale or this Notice, you should contact your attorney as soon as possible. ' Dated: JAMES, S1 CONNEL] By: Scott dlTH, DURKIN & ',tick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Erford Road (East), wh, i,~c,,h point is 84.06 feet East of the Northeasterly line between Lots Nos. 1 and 2Y, Block I , on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 2 degrees 10 minutes West, 150 feet to a point; thence North 87 degrees 50 minutes Eagt, 37.5 feet to a point at dividing line between Lots Nos. 2X and 2Y, Block "I", on said Plan; thence along said dividing line and through the center of a partition wall and beyond, South 02 degrees 10 minutes East, 150 feet to a point on the Northerly line of Erford Road (East), aforesaid; thence along same, South 87 degrees 50 minutes West, 37.5 feet to a point, the place of BEGINNING. BEING Lot No. 2Y, Block 'T', in Plan No. 8, Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 16, Page 49. HAVING thereon erected a dwell/ng house being known and numbered as 705 Erford Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to any conditions, easements, resthctions and rights-of- way of record. BEING the same premises which Avstar Mortgage Corporation, a PA Corporation, by Deed dated December 29, 1998 and recorded on January 5, 1999 in and for Cumberland County, in Deed Book Volume 192, Page 378, granted and conveyed unto Orlando Torres, Jr. and Anailda Malave, single individuals as joint tenants. Parcel No.: 09-16-1050-16C Exhibit "A' EXHIBIT "C"' Scott A. Dietterick sdietterick~jsdlegal.com October 1, 2002 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND FIRST CLASS U.S. MAIL Mr. Orlando Torres, Jr. Ms. Anailda Malave or Current Occupant(s) 705 Erford Road Camp Hill, PA 17011 NOTICE TO VACATE Property: 705 Erford Road, Camp Hill, PA 17011 Sale Date: September 4~ 200~ Dear Mr. Torres, Ms. Malave or Current Occupant(s): As I believe you are aware, our client, Eastern Savings Bank, FSB, was the purchaser of your property located at 705 Erford Road, Camp Hill, Pennsylvania 17011, at the above- referenced ShefifX~s Sale. Please be advised that you must vacate the premises on or before Monday, October 14, 2002. Please call me at the number on this letterhead to confirm your departure date and to arrange for delivery of the keys. If you have not vacated the premises by the date specified, we will immediately initiate legal action to evict you from same. Should you have any questions, please feel free to contact me. Thank you for your anticipated cooperation. LLY LLP ' GARY L. JAMES MAX J. SMITH, JR. KAREN DURKIN JOHN J, CONNELLY, JR. Scott A. DIE'rTEmC~ JAMES F, SPADE GREGORY K. RICHARDS RICHARD L DAHLEN SUSAN M. K~]EL JAP. AD W. HANDELMAN DONNA M. MULIJN EDWARD P. S£EBER NElL W. YAHN E~ERNARD A. RYAN, JR. COURTNEY L. KISHEL OF COUNSEL; ANDREW W. E{ARBIN MANLEY ~ DF-AS, LLC VERIFICATION I, Scott A. Dietterick, Esquire, of James, Smith, Durkin & Connelly LLP, attomeys for Parkton Enterprises, Inc., Plaintiff, deposes and says subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint in Ejectment are true and correct to the best of my knowledge, information and belief. Scott ~. D[ett4rick, Esquire PARKTON ENTERPRISES, INC., Original Plaintiff and DAVID A. KRULAC and DIANE E. KRULAC, Husband and Wife, Intervenor Plaintiffs VS. ORLANDO TORRES, JR. and ANAILDAMALAVE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5473 CIVIL ACTION - LAW IN EJECTMENT ORDER AND NOW, this day of , 200__, David A. Krulac and Diane E. Krulac, Husband and Wife, are permitted to Intervene in this Action as party Plaintiffs, upon the terms set forth in the Petition for Intervention. Intervenors are granted Leave of Court to file a Complaint as attached to the Petition for Intervention. By the Court, Dale F. Shughart, Jr., Esquire Attorney for Intervenors Scott A. Dietterick, Esquire Attorney for Plaintiffs Orlando Torres, Defendant Anailda Malave, Defendant Jo PARKTON ENTERPRISES, INC., Original Plaintiff and DAVID A. KRULAC and DIANE E. KRULAC, Husband and Wife, Intervenor Plaintiffs vs. ORLANDO TORRES, JR. and ANAILDAMALAVE Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5473 CIVIL ACTION - LAW : : : : : : IN EJECTMENT : : : PETITION TO INTERVENE TO THE HONORABLE, THE JUDGES OF SAID COURT: David A. Krulac and Diane E. Krulac, Husband and Wife, by their attorney, Dale F. Shughart, Jr., Esquire, petition for leave to intervene in the above captioned action and in support thereof aver as follows: 1. The Petitioners are David A. Krulac and Diane E. Krulac, husband and wife, adult individuals who reside at P. O. Box 1064, Mechanicsburg, PA 17055. We are not parties to this action and wish to intervene as Party Plaintiffs. 2. The Petitioners are the record title holders of the parcel of land known as 705 Erford Road, Camp Hill, PA 17011, which premises are the subject matter of the above captioned action in ejectment. 3. Petitioners are the Owners by virtue of a Deed from the Tax Claim Bureau of Cumberland County dated December 2, 2002 and recorded December 2, 2002 in Deed Book 254, Page 3826. 4. If we are permitted to intervene, we will demand judgment against the Defendants and in favor of the Petitioner for possession of the premises kno~ as 705 Erford Road, Camp Hill, Cu~erland County, Pennsylvania 17011. 5. If we are permitted to intervene, we will file a Complaint, a copy of which is attached hereto, the averments of which are incorporated herein by reference thereto. ~EREFORE, Petitioners pray Your Honorable Court to stay the proceedings and schedule a hearing on the Petition as required by Pa.R.C.P. 2329. 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 PARKTON ENTERPRISES, INC., Original Plaintiff and DAVID A. KRULAC and DIANE E. KRULAC, Husband and Wife, Intervenor Plaintiffs ORLANDO TORRES, JR. and ANAILDAMALAVE Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5473 CIVIL ACTION - LAW : : : : : : 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 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 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 A 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 OUR WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PARKTON ENTERPRISES, INC., Original Plaintiff and DAVID A. KRULAC and DIANE E. KRULAC, Husband and Wife, Intervenor Plaintiffs VS. ORLANDO TORRES, JR. and ANAILDAMALAVE Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5473 CIVIL ACTION - LAW : : : : : : IN EJECTMENT : : : PROPOSED COMPLAINT AND NOW, come Intervenor Plaintiffs, David A. Krulac and Diane E. Krulac, husband and wife, by their attorney, Dale F. Shughart, Jr., Esquire, and make the following averments in support of their Complaint. 1. The Plaintiffs by Intervention are David A. Krulac and Diane E. Krulac, adult individuals, who reside at P. O. Box 1064, Mechanicsburg, Pennsylvania 17055. 2. The Original Plaintiff is Parkton Enterprises, Inc., which has its principal place of business at 11350 McCormick Road, Suite 200, Hunt Valley, Maryland 21031. 3. The Defendants are Orlando Torres, Jr. and Anailda Malave (Defendants), adult individuals, residing at 705 Erford Road, Camp Hill, Pennsylvania 17011. 4. Plaintiffs are the record title holders of a Parcel of land, together with improvements thereon erected, with a mailing address of 705 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter "The Premises,,), known as Lot No. 2Y, Block "I", in Plan No. 8, Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 16, Page 49, by virtue of a Deed from the Tax Claim Bureau of Cumberland County dated December 2, 2002 and recorded December 2, 2002 in Deed Book 254, Page 3826. A copy of said Deed is attached hereto, incorporated herein, and marked as Exhibit "A". 5. Original Plaintiff, Parkton Enterprises, Inc., and Defendants Orlando Torres, Jr. and Anailda Malave, failed to pay outstanding real estate taxes on The Premises for the Year 2000. 6. The Cumberland County Tax Claim Bureau served all legal notices required by Section 602 of the Real Estate Tax Sale Law, 72 P.S. 5860.602 upon the then owners of The Premises, Torres and Malave, in August 2002, before original Plaintiff Parkton Enterprises acquired title to The Premises. 7. Original Plaintiff Parkton Enterprises, Inc. acquired legal title to The Premises by virtue of a Sheriff's Deed dated September 24, 2002 and recorded September 25, 2002 in Cumberland County Deed Book 253, Page 3573, the property having been purchased by Parkton at a Sheriff's Sale on September 4, 2002. 8. Purchase of the subject property by Parkton divested the lien of its mortgage but did not divest the lien of the Cumberland County Tax Claim Bureau for past due county, township and school district real estate taxes for the Year 2000. 9. Original Plaintiff Parkton knew that the lien for back -2- taxes returned to the Cumberland County Tax Claim Bureau was not divested by the Sheriff's Sale. Nevertheless, Parkton failed to pay the back taxes due at the Tax Claim Bureau. 10. On September 26, 2002, The Premises were sold by the Cumberland County Tax Claim Bureau to Intervenor Plaintiffs, David A. and Diane E. Krulac. 11 Original Plaintiff Parkton Enterprises, Inc. were provided the Notice required by Section 607 of the Real Estate Tax Sale Law 72 P.S. 5860.607. Copies of the Notice and Parkton's acceptance of certified mail service are attached hereto, made a part hereof, and marked Exhibit "B" 12. Sale or file a Petition to Set Aside the Sale within statutorily prescribed time limits. 13. Original Plaintiff Parkton Enterprises, Inc. have notified Defendants to vacate The Premises as averred in Paragraph 7 of the original Plaintiff,s Complaint, the averments of which are incorporated herein by reference thereto. 14. To date, Defendants have failed or refused to vacate The Premises. Therefore, Defendants are occupying or using and enjoying The Premises without right and claim of title. 15. Defendants have unjustly and unlawfully retained possession of The Premises to the detriment of Intervenor Plaintiffs, David A. Krulac and Diane E. Krulac. 11. Intervenors have filed an Action to Quiet Title against Original Plaintiff did not file Objections to the Tax the -3- the Original Plaintiff, Parkton Enterprises, Inc. in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 2002- ~7 Civil Term which proceedings Intervenors Plaintiffs will move to consolidate with the above captioned proceedings. WHEREFORE, Intervenors Plaintiffs, David A. Krulac and Diane E. Krulac, husband and wife, demand judgment against the Defendants, Orlando Torres, Jr. and Anailda Malave awarding said Intervenors Plaintiffs possession of The Premises known as 705 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011, together with such other relief as Your Honorable Court may deem just and equitable. Dale F. Shughart, Jr. Supreme Court I.D. 19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 -4- UERIFICATION David A. Krulac and Diane E. Krulac, hereby verify that the facts set forth in the foregoing Complaint in Ejectment are true and correct to the best of their knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. DATE: -4- between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee, aRANTOR, and ..D..a.v.i.d...~.:..K.~!a..c.~.P.!~.?.~:.~.m.!.a.c..o.f...C..~..p.~!!!Ao.~9~ .......................................... ......................... .c..~..=.b. ?.~!~.~..c..o~.~.t.y.,. ~?~:xl?. !.. ....................................................... Or a n t e e ~[:hllt~i~lt~, that in consideration of $........$..5.,..6..8..2.:.2..6...... in hand paid. receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, ....t.h..e..i.r. ..... heirs and assigns, the certain premises situate in ............................ ..E...as..t...P..e...m3.~..bg..r.o...T.o...w.~.h.j.p ...................... , Cumberland County, Pennsylvania, as follows: 705 Erford Road, house, lot 09-16-1050-166 See Appendix "A" for legal description Owner or reputed owner as returned to said Bureau Orlando Torres, Jr. & Anailda Malavc 705 Erfo~d Road Camp Hill, PA 17011-1126 the same having beeu sold by the Tax Claim Bureau to the said grantee, on the 26th September ................................ day of .................................................. Anno Domini two thousand and two after due advertisement according to law, the period of redemption for the payment of tax claims having expired without the property having been redeemed, or any tax judgements heretofore having been entered against the described property having not been satisfied, or no agreement to stay the sale of the within described property having been entered into, or the within described real estate no longer remaining in possession of a sequestrator, by Upset Price Sale. u,tder and by virtue of the Act of ~947 PL 1368 (Real Estate Tax Sale Law), ~n ~][Iit.ea, ~lttereof, said Grantor has hereunto caused this Deed to be executed by its Director the day and year first above written. ' TAX CLAIM BUREAU OF Signed, Sealed and Delivered CUMBERLAND COUNTY, PENNSYLVANIA, in the presence o[: TRUSTEE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBF. RLAND }ss: before me. the Prothonotary of tire County of Cumberland. the nndersig'ned officer, personally appeared Jacob L. ~teisey ......... :;".;~::&'~;;:.'CW-';': ......................................................... Director of the Tax Claim Bureau of the County of Pe,,nV ,'a. a known to me to be the l,erso, described i,, the rot" pose~'~~ that he executed the same ,n the capacity there,n stated and for the pur- ~0-~~;~i~,r~o~, I have hereunto set my hand and o~c,l I hereby certify th~:precise residence of the grantee herein is as follows: ................................ ~Cumberland County, Assistant Solicitor Appendix "A' Legal Description 09-16-I050-166 ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, more particularly bounded and described as follows, to wit: BPA~INNING at a point on the Northerly ~e of Erford Road (East), which point is 84.06 feet East of the Northeasterly line between lots Nos. I and 2Y, Block 'I', on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 2 degrees 10 minutes West, 150 feet to a point; thence North 87 degrees 50 minutes East, 37.5 feet to a point at a dividing line between Lots Nos. 2X and 2Y, Block "I', on said Plan; thence along said dividing line and through the center of a partition wall and beyond, South 02 degrees i0 minutes East, 150 feet to a point on the Northerly line of Erford Road (East), aforesaid; thence along same, South 87 degreees 50 minutes West, 37.5 feet to a point, the place of BEGINNING. BEINO Lot No. 2Y, Block ~I', in Plan No. 8, Ridley Park, which Plan is recored in the Office of the Recorder of Deeds in and for CumberlaLnd County, Pennsylvania, in Plan Book 16, Page 49. HAVING thereon erected a dwelling 'house being known and numbered as 705 Erford Road, Camp Hill, Pennsylvania. BEING the same premises which Avstar Mortgage Corporation, a Peimsylvmfia corporation by deed dated December 29, 1998, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 192, Page 378, granted and conveyed unto Orlando Torres, Jr. and Anailda Malave, single individuals as joint tenants w/th rights of survivorship. :37.5 n87*50'e 37.S ...... ,/' .,.r,, .----,.¢," '5 ,'.~ :¢"'---' · ".....-', .- , .- ~, .. ~ .\ [ / "' ~-~r-rd¢:' of Deeds Orlando Torres, Jr. & Anailda Malave, DB 192, Page 378 I m-,~ I ~rum i: {~129Acres: ,q t: 522.6 SqMeter~:Nosignifieant elosumerror.: Petiraeter =375 feet ] O01 =n2. I Ow 150 003=~. 10e 15{) [002=u187.soe 37.5 004=$87.50w37.5 . B001( 2-g4 ':0r3827 ~ NANCY A. BESCH CHAIRMAN EARL R. KELLER VICE CHAIRMAN RICHARD L. ROVEGNO SECRETARY TAX C. LAIM BUREAU OF CUMBERLAND COUNTY One Courthouse Square, Carlisle, PA 17013-3389 (717) 240-6366 JOHN S. WARD CHIEF CLERK ROBERT C. SAIDIS SOLICITOR STEPHEN D. TILEY ASSISTANT SOLICITOR October 9, 2002 Parkton Enterprises, Inc. 11350 McCormick Road #200 Hunt Valley, MI) 21031 Property Description: House & Lot Land. 13 Acre 705 Erford Road #09-16-1050-166 East Pennsboro Township This notice is required by Pennsylvania State Statute, Section 607 (2) of Act No. 542 of 1947 and its amendments. · complete items 1, 2, and 3. Also complete item ~4 if Restricted Delivery is des red. · Print your name and address on the reverse so that we can return the Card to you. · Attach this card tO the back of the mailpiece, or on the front if 'space permits. 1. ArtiCle Addressed to: PS Fol "1~' Agent C. Date of Delivery Is delivery address different 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type J~'Certified Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes PARKTON ENTERPRISES, INC., Original Plaintiff and DAVID A. KRULAC and DIANE E. KRULAC, Husband and Wife, Intervenor Plaintiffs VS. ORLANDO TORRES, JR. and ANAILDAMALAVE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5473 CIVIL ACTION - LAW IN EJECTMENT CERTIFICATE OF SERVICE AND NOW, this 17th day of December, 2002, I, Dale F. Shughart, Jr., attorney for Intervenor Plaintiffs, hereby certify that I have served a copy of Petition to Intervene and Proposed Orders of Court by mailing a copy of the same by First Class United States mail, postage prepaid, addressed as follows: Scott A. Dietterick, Esquire P. O. Box 650 Hershey, PA 17033 Orlando Torres, Jr. 705 Erford Road Camp Hill, PA 17011 Anailda Malave 705 Erford Road Camp Hill, PA 17011 PARKTON ENTERPRISES, INC., Original Plaintiff and DAVID A. KRULAC and DIANE E. KRULAC, Husband and Wife, Intervenor Plaintiffs VS. ORLANDO TORRES, JR. and ANAILDAMALAVE Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5473 CIVIL ACTION - I..~W : IN EJECTMENT : : : STAY OF PROCEEDINGS AND NOW, this /'7~ day of ~0~~ , 2002 all proceedings in the above captioned matter are stayed until disposition of the Petition of David A. Krulac and Diane E. Krulac, Husband and Wife, to Intervene in the Action. In accordance with PA R.C.P. 2329, a hearing on the matter is ~ ~~-, , the ~ day of scheduled for ~~~ , 2003, at ~6f~ o'clock ~.m. C ' prevailing time, in Courtroom No. ~_, Cumberland County Courthouse, Carlisle, Pennsylvania. w/Scott A. Dietterick, Esquire Attorney for Plaintiffs ~rlando Torres, Defendant /Anailda Malave, Defendant By the Court, /Dale F. Shughart, Jr., Esquire Attorney for Intervenors Jo SHERIFF'S RETURN - REGULAR CASE NO: 2002-05473 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PARKTON ENTERPRISES INC VS TORRES ORLANDO JR ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon TORRES ORLANDO JR the DEFENDANT , at 1958:00 HOURS, on the 20th day of November , 2002 at 705 ERFORD ROAD CAMP HILL, PA 17011 ORLANDO TORRES JR by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this _i~ day of ~~ ~2~ A.D. - / ;Pro~honotar~ '/~' So Answers: R. Thomas Kline 11/21/2002 JAMES SMITH DURKIN CONNELLY ] DepUty v~h6 riff f SHERIFF'S RETURN - REGULAR CASE NO: 2002-05473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PARKTON ENTERPRISES INC VS TORRES ORLANDO JR ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT EJECTMENT was served upon MALAVE ANAILDA the DEFENDANT , at 1958:00 HOURS, on the 20th day of November , 2002 at 705 ERFORD ROAD CAMP HILL, PA 17011 by handing to ANAILDA MALAVE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ?[~ day of So Answers: R. Thomas Kline 11/21/2002 JAMES SMITH DURKIN CONNELLY IDe~-uCy Sheriff - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PARKTON ENTERPRISES, INC., : Original Plaintiff : and DAVID A. KRULAC and DIANE E. KRULAC: husband and wife, VS. Intervenor Plaintiffs ORLANDO TORRES, JR. and ANAILDA MALAVE, Defendants. CIVIL DIVISION NO.: 02-5473 ANSWER OF ORIGINAL PLAINTIFF, PARKTON ENTERPRISES, INC. TO PETITION TO INTERVENE OF INTERVENOR PLAINTIFFS, DAVID A. KRULAC AND DIANE E. KRULAC AND NOW, comes the Original Plaintiff, Parkton Enterprises, Inc. ("Parkton"), by and through its attorneys, James, Smith, Durkin & Connelly LLP, and files this Answer to the Petition to Intervene of Intervenor Plaintiffs, David A. Krulac and Diane E. Krulac, (the "Krulacs") as follows: 1. Denied. Parkton is without sufficient information to form a belief as to the truth regarding the Krulacs' mailing address, and therefore, said averment is denied. Strict proof of same is demanded. By way of further answer, Parkton specifically denies that the Krulacs are entitled to intervene in the above-captioned action. 2. Denied. Parkton specifically denies that the Krulacs are the record title holders of the parcel of land known as 705 Erford Road, Camp Hill, Pennsylvania 17011 ("Real Property"). To the contrary, Parkton is the record title holder of the Real Property and any interest obtained by the Krulacs is subject to the prior and superior interest of Parkton. 3. Admitted in part and denied in part. Parkton admits that the Deed from the Tax Claim Bureau of Cumberland County dated December 2, 2002, was issued to the Krulacs and recorded December 2, 2002 in Deed Book 244, Page 3826. However, Parkton specifically denies that said Deed conveyed any legal interest in the Real Property to the Krulacs. By way of further answer, Parkton holds record and real ownership of the Real Property pursuant to a Deed from the Sheriff of Cumberland County, dated September 24, 2002 and recorded September 25, 2002 in Deed Book 253, Page 3573. 4. Denied. Parkton specifically denies that the Krulacs are in any way entitled to possession of the Real Property. To the contrary, Parkton obtained and purchased title to the Real Property through a Sheriff Sale of Eastern Savings Bank, FSB against the Defendants held on September 2, 2002 at Cumberland County docket number 00-4692 Civil ("Foreclosure Action"). The Krulacs purchased the Real Property at Upset Tax Sale on September 26, 2002 with full record notice' of the foreclosure action and that title had been conveyed to Parkton pursuant to said Sheriff Sale. Pursuant to the Real Estate Tax Sale Law, 72 P.S. Section 5860.601, et. seq., purchasers at an Upset Sale take title subject to all interests of record other than the interest of the real owners that receive actual notice of the Tax Sale. The Krulacs concede that neither Eastern Savings Bank, FSB nor Parkton received prior notice of the Upset Sale and, consequently, their interest or interests could not be divested by said sale. Further, at the time the Upset Tax Sale was originally scheduled, the Defendants were in Chapter 13 Bankruptcy in the Middle District of Pennsylvania, case number 02-03022, and the Tax Claim Bureau of Cumberland County did not have relief from the automatic stay in which to sell the property. Consequently, all prior notice and advertising of the Tax Sale was invalid and the Tax Sale of September 26, 2002 was void ab initio. 5. Denied. Parkton is without sufficient information to form a belief as to whether the Krulacs will file the Complaint attached to their Petition, and therefore, said averment is denied. Strict proof of same is demanded. WHEREFORE, Parkton respectfully requests that this Honorable Court deny the Krulacs Petition to Intervene and release the stay on all proceedings at the above-captioned term and number, along with such other relief as this Honorable Court deems just. JAMES, SMITH. ~?~LLY LLP BY: Scof~ A. ietterick, Esquire PA I. D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VERIFICATION I, Scott A. Dietterick, Esquire, of James, Smith, Durkin & Connelly LLP, attorneys for Parkton Enterprises, Inc., Plaintiff, deposes and says subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Answer of Original Plaintiff, Parkton Enterprises, Inc. to Petition to Intervene of Intervenor Plaintiffs, David A. Krulac And Diane E. Krulac are true and correct to the best of my knowledge, information and belief. Scott A.~nck, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PARKTON ENTERPRISES, INC., · Original Plaintiff · and DAVID A. KRULAC and DIANE E. KRULAC: husband and wife, VS. Intervenor Plaintiff, ORLANDO TORRES, JR. and ANAILDA MALAVE, Defendants. C~rIL DIVISION NO.: 02-5473 CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the foregoing Answer of Original Plaintiff, Parkton Enterprises, Inc. to Petition to Interven~o£intervenor Plaintiffs, David A. Krulac And Diane E. Krulac was served on the following this '3~l~,~f day of .~~~002, via First Class U. S. Mail, Postage Pre-paid: Dale F. Shugart, Jr., Esquire 35 East High Street, Suite 203 Carlisle, Pa 17013 ByJAMES' SM~ Sco[t ~.Di; PA I.D. ~NNELLY ~i'~'k, Esquire 650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LLP PARKTON ENTERPRISES, INC., Original Plaintiff and DAVID A. KRULAC and DIANE E. KRULAC, Husband and wife, Intervenor Plaintiffs VS. ORLANDO TORRES, JR. and ANAILDA MALAVE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5473 CIVIL CIVIL ACTION - LAW IN EJECTMENT IN RE: PETITION TO INTERVENE ORDER AND NOW, this °~ n day of January, 2003, David A. Krulac and Diane E. Krulac, husband and wife, are permitted to Intervene in this action as party plaintiffs, upon the terms set forth in the Petition for Intervention. Intervenors are granted leave of court to file a complaint as attached to the Petition for Intervention. The stay previously entered in this matter is VACATED. Dale F. Shughart, Jr., Esquire For the Intervenors Scott A. Dietterick, Esquire For the Plaintiffs Orlando Torres Anailda Malave Defendants BY THE COURT, A. Hess, J. :rim PARKTON ENTERPRISES, INC., Original Plaintiff and DAVID A. KRULAC and DIANE E. KRULAC, Husband and Wife, Intervenor Plaintiffs VS. ORLANDO TORRES, JR. and ANAILDAMALAVE Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5473 CIVIL ACTION - LAW : : : : : : 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 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 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 A 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 OUR WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PARKTON ENTERPRISES, INC., Original Plaintiff and DAVID A. KRULAC and DIANE E. KRULAC, Husband and Wife, Intervenor Plaintiffs VS. ORLANDO TORRES, JR..and ANAILDAMALAVE Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5473 CIVIL ACTION - LAW : : : ~ : : IN EJECTMENT : : : COMPLAINT AND NOW, come Intervenor Plaintiffs, David A. Krulac and Diane E. Krulac, husband and wife, by their attorney, Dale F. Shughart, Jr., Esquire, and make the following averments in support of their Complaint. 1. The Plaintiffs by Intervention are David A. Krulac and Diane E. Krulac, adult individuals, who reside at P. O. Box 1064, Mechanicsburg, Pennsylvania 17055. 2. The Original Plaintiff is Parkton Enterprises, Inc., which has its principal place of business at 11350 McCormick Road, Suite 200, Hunt Valley, Maryland 21031. 3. The Defendants are Orlando Torres, Jr. and Anailda Malave (Defendants), adult individuals, residing at 705 Erford Road, Camp Hill, Pennsylvania 17011. 4. Plaintiffs are the record title holders of a Parcel of land, together with improvements thereon erected, with a mailing address of 705 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011 (hereinafter "The Premises,,), known as Lot No. 2Y, Block "I", in Plan No. 8, Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 16, Page 49, by virtue of a Deed from the Tax Claim Bureau of Cumberland County dated December 2, 2002 and recorded December 2, 2002 in Deed Book 254, Page 3826. A copy of said Deed is attached hereto, incorporated herein, and marked as Exhibit "A',. 5. Original Plaintiff, Parkton Enterprises, Inc., and Defendants Orlando Torres, Jr. and Anailda Malave, failed to pay outstanding real estate taxes on The Premises for the Year 2000. 6. The Cumberland County Tax Claim Bureau served all legal notices required by Section 602 of the Real Estate Tax Sale Law, 72 P.S. 5860.602 upon the then owners of The Premises, Torres and Malave, in August 2002, before original Plaintiff Parkton Enterprises acquired title to The Premises. 7. Original Plaintiff Parkton Enterprises, Inc. acquired legal title to The Premises by virtue of a Sheriff,s Deed dated September 24, 2002 and recorded September 25, 2002 in Cumberland County Deed Book 253, Page 3573, the property having been purchased by Parkton at a Sheriff's Sale on September 4, 2002. 8. Purchase of the subject property by Parkton divested the lien of its mortgage but did not divest the lien of the Cumberland County Tax Claim Bureau for past due county, township and school district real estate taxes for the Year 2000. 9. Original Plaintiff Parkton knew that the lien for back -2- taxes returned to the Cumberland County Tax Claim Bureau was not divested by the Sheriff's Sale. Nevertheless, Parkton failed to pay the back taxes due at the Tax Claim Bureau. 10'. On September 26, 2002, The Premises were sold by the Cumberland County Tax Claim Bureau to Intervenor Plaintiffs, David A. and Diane E. Krulac. 11 Original Plaintiff Parkton Enterprises, Inc. were provided the Notice required by Section 607 of the Real Estate Tax Sale Law 72 P.S. 5860.607. Copies of the Notice and Parkton's acceptance of certified mail service are attached hereto, made a part hereof, and marked Exhibit "B". 12. Sale or file a Petition to Set Aside the Sale within statutorily prescribed time limits. 13. Original Plaintiff Parkton Enterprises, Inc. have notified Defendants to vacate The Premises as averred in Paragraph 7 of the original Plaintiff,s Complaint, the averments of which are incorporated herein by reference thereto. 14. To date, Defendants have failed or refused to vacate The Premises. Therefore, Defendants are occupying or using and enjoying The Premises without right and claim of title. 15. Defendants have unjustly and unlawfully retained possession of The Premises to the detriment of Intervenor Plaintiffs, David A. Krulac and Diane E. Krulac. 11. Intervenors have filed an Action to Quiet Title against Original Plaintiff did not file Objections to the Tax the -3- the Original PlaintiffI Parkton Enterprises, Inc. in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 2002- 5973 Civil Term which proceedings Intervenors Plaintiffs will move to consolidate with the above captioned proceedings. WHEREFORE, Intervenors Plaintiffs, David A. Krulac and Diane E. Krulac, husband and wife, demand judgment against the Defendants, Orlando Torres, Jr. and Anailda Malave awarding said Intervenors Plaintiffs possession of The Premises known as 705 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011, together with such other relief as Your Honorab/~e~Court may deem just and equitable. le F. S~ugha t~//jr/. Supreme Court I.D~ ~9373 35 East High ~_~, Suite 203 Carlisle, PA 17013 (717) 241-4311 -4- VERIFICATION David A. Krulac and Diane E. Krulac, hereby verify that the facts set forth in the foregoing Complaint in Ejectment are true and correct to the best of their knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. -4- :', ;-:~ ;,'f r, Zl."-Ot.E" I~ n~P " " .... ,,::,, ,. fir ~ ~l · .ar, hER Or DEED .... ~ltis ~ee~ rode this ................... ?. ............. ,lay or ............. .E?.e~r. ........... ~O...OZ, between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee, aRANTOR, and ...O..ay.i.d...'5.: ..~?!a..c..&,..9!.a,n.?. ~: ..~.r.u.!.a.c..o.( ,.C,.~..p. ~!![ ,~, .o.r.o..u~. .......................................... ......................... .~..u..m..b .e.r.l..~..d..C..o?..n.~.y... ?. ?..~..~.l.v. ~.i~ ........................................................ Orantee ,~:]ffitnesset[~, that in consideration of $........$..5.,..6..8..2.;.2.?...... in hand paid, receipt whereof' is hereby acknowledged, the said Grantor dues hereby grant and convey nnto the said Grantee, ...!..h..e.i.r. ..... heirs and assigns, the certain premises situate in . . East Perm~bor.~ Tgwrl{~hj.E Cumberland County, Pennsylvania, as follows: 705 ErfordRoad, house, lot 09-16-1050-166 See Appendix "A" for legal description Owner or reputed owner as returned to said Bureau Orlando Tortes, Jr. & A~ailda Malaya 705 Erford Road Camp Hill, PA 17011-1126 the same having been sold by the Tax Claim Bureau to the said grantee, on the 26th September ................................ day o f two .................................................. Anno Domini two thousand and .................................. after due advertisement according to law, the period of redemption for the payment of tax claims having expired without the property having been redeemed, or any tax judgements heretofore having been entered against the described property having not been satisfied, or'no agreement to stay Ihe sale of the within described property having been entered into, or the within described real estate no longer remaining in possession of a sequestrator, by Upset Price Sale. under and by virtue o£ the Act 0f 1947 PL 1368 (Real Estate Tax Sale Law), ¢1~ ~i~leil~ ~[~ez'eo~, said Grantor has hereunto caused this Deed to be e×ccuted bv its Director the day and year first above written. ' TAX CLAIM BUREAU OF Signed, Sealed and Delivered CUMBERLAND COUNTY, PENNSYLVANIA, in the presence of: TRUSTEE ................................................................................................ COMMONWI,:ALTH OF PENNSYI.VA, NIA .t D~rector COUNTY OF CUMBI'~RLAND fss: On this. tile ........................... ~. ........... day of ......... ~ ................................... 20...~...,~ before me. the Prothnnotarv of the County of Cumberland. the nndersiffned officer, personally appeared Jacob L. ~eisey 7 '""~:':~.~¢C'~':":.I;: ......................................................... Director ot the Tax Claim Bnreau of the County of um'~~i}'~n,wealth of Pennsyh'an . known to me to be the person described m th ' instru~ ~afl" ~ ' ' . ' ' e foregoing .~~~ed that he executed the same ,n the capacity therein stated and for :he -ur .. pose~m~~..~ ' . ~ - ~0~NOT~gNOT~gUC- '1 ) and official seal. .' '~ CU~e~D COUN~ 66ff~ ~USEI . ---- :." ' ff~~:~.,:... · I" h~reb~' ~ertify' ~h'~ ~r ecise residence of the grantee herein is as follows: ................................ David A. & Diane E. Kmlac, P.O. Box 10~ Mech~iesburg PA 17055 ...................................................................................... ~Cumberland County, Assistant Solicitor Appendix "A" Legal D~scription 09-16-1050-166 ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Erford Road (East), which point is 84.06 feet East of the Northeasterly line between lots Nos. 1 and 2Y, Block "I", on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 9. degrees 10 minutes West, 150 feet to a point; thence North 87 degrees 50 minutes East, 37.5 feet to a point at a dividing line between Lots Nos. 2X and 2Y, Block "I", on said Plan; thence along said dividing line and through the center of a partition wall and beyond, South 02 degrees 10 minutes East, 150 feet to a point on the Northerly line of Erford Road (East}, aforesaid; thence along same, South 87 degreees 50 minutes West, 37.5 feet to a point, the place of BEGINNING. BEING Lot No. 2Y, Block "I', in Plan No. 8, Ridley Park, which Plan is recored hq the Office of the Recorder of Deeds in and for Cumberlahd County, Pennsylvania, in Plm~ Book 16, Page 49. HAVING thereon erected a dwelling 'house being known and numbered as 705 Erford Road, Camp Hill, Pennsylvania. BEING the same premises which Avstar Mortgage Corporation, a Pennsylvania corporation by deed dated December 29, 1998, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 192, Page 378, granted and conveyed unto Orlando Torres, Jr. and Anailda Malave, single individuals as joint tenants with r/ghts of survivorship. 37.5 n87'50'e S$7°~0'w 37.5 Tiff e: Orlando Torres, Jr. & Anailda Malave, DB 192, Page 378 .Scale: I inch = 40 feet [File: AVSTAR. DES '['r. ct I: 0.129 Acres: 5625 Sq Feet: 522.6 Sq Meters: No sigmftcant closure error.: Perimeter = 375 feet NANCY A, BESCH CHAIRMAN EARL R. KELLER VICE CHAIRMAN RICHARD L. ROVEGNO SECRETARY TAX CLAIM BUREAU OF CUMBERLAND COUNTY One Courthouse Square, Carlisle, PA 17013-3389 (717) 240-6366 JOHN S, WARD CHIEF CLERK ROBERT C. SAIDIS SOLICITOR STEPHEN D, TILEY ASSISTANT SOLICITOR October 9, 2002 Parkton Enterprises, Inc. l 1350 McCormick Road #200 Hunt Valley, MD 2103 l Property Description: House & Lot Land. 13 Acre 705 Erford Road #09-16-1050-166 East Pennsboro Township This notice is required by Pennsylvania State Statute, Section 607 (2) of Act No. 542 of 1947 and its amendments. [] Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. [] Print your name and address on the reverse so that we can return the card to you. [] Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: il ~50 b~;~ ~,¢~m.~z~. ~o~o '~ .... 2. Artk PS Fol A. Sl~r~ture X R.._..~ ~ Agent [] Address e~. e~,~ P_ ' t .e) c. Date of DellvE D. Is delivery address different frorr~l~'ern 17 [] Yes ii;:; 'fYES, enter delivery eddress below: i-I NO Type I Ma,, o m s., M.,: I [] Registered [] Return Receipt for Memhandh · [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes I .i102595-01-M-0 PARKTON ENTERPRISES, INC., Original Plaintiff and DAVID A. KRULAC and DIANE E. KRULAC, Husband and Wife, Intervenor Plaintiffs VS. ORLANDO TORRES, JR. and ANAILDAMALAVE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5473 CIVIL ACTION - LAW IN EJECTMENT CERTIFICATE OF SERVICE AND NOW, this 9th day of January, 2003, I, Dale F. Shughart, Jr., attorney for Intervenor Plaintiffs, hereby certify that I have served a copy of Petition to Intervene and Proposed Orders of Court by mailing a copy of the same by First Class United States mail, postage prepaid, addressed as follows: Scott A. Dietterick, Esquire P. O. Box 650 Hershey, PA 17033 Orlando Torres, Jr. 705 Erford Road Camp Hill, PA 17011 Anailda Malave 705 Erford Road Camp Hill, PA 17011