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HomeMy WebLinkAbout03-1243FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 GE Capital Mortgage Services, Inc. 5024 Parkway Plaza Boulevard Charlotte, NC 28217 V. John Barton Or Occupants 55 Gutshall Road Shippensburg, PA 17257 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. 0 3 -- l-Sl3 0I u ? C? I'll Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for and other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Plaintiff is GE Capital Mortgage Services, Inc. 2. Defendant is John Barton and Or Occupants. 3. Plaintiff is the owner of premises located at 55 Gutshall Road, Shippensburg, PA 17257, a legal description of which is attached. 4. Plaintiff became owner of said premises by a Deed from the Sheriff of Cumberland County, which Deed was lodged and settlement made with the Sheriff (Abstract of Title). 5. Plaintiff, by virtue of the above, is the owner of said premises, and is entitled to possession thereof. The defendant is occupying the said premises without right and so far as the 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. FWANK FEDER , ESQUIRE Attorney for Plaintiff ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a post in the Furnace Road; thence North 63 degrees West 11.3 perches to a post; thence by lands now or formerly of Piper, South 45 degrees West 23 perches to a poet; thence by lands now or formerly of Christ Helm, formerly part of this tract, South 35 degrees East 15.2 perches to a sprout; thence by the same, South 43 degrees East 5.4 perches to a poplar tree; thence by Furnace lards, North 27 degrees East 31 perches to the place of beginning, containing 2 acres, 100 perches, more or less. BEING 55 GUTSHALL ROAD, SHIPPENSBURG, PA 17257 TAX PARCEL # 39-13-0106-040 TITLE TO SAID PREMISES IS VESTED IN JOHN E. BARTON BY DEED FROM KENNETH E. CROUSE AND MARCIA A. CROUSE, D 9/29/1986 AND RECORDED 10/1/1986 IN DEED BOOK F, VOLUHIS ME 3I2 PAGE E143. VERIFICATION Frank Federman, Esquire hereby states that he is the Attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to take this Verification, pursuant to Pa. R.C.P. 1024 (c) and that the statements made in the foregoing Civil Action in Ejectment are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Frank Federman, Esquire Date 311.6 (? //3 Attorney for Plaintiff W v GE CAPITAL MORTGAGE SERVICES, INC., Plaintiff V. JOHN BARTON OR OCCUPANTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 03-1243 CIVIL TERM NOTICE TO PLEAD TO: GE Capital Mortgage Services, Inc. Frank Federman, Esquire Federman and Phelan, LLP One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment maybe entered against you. METZGE W RSHAM, KNAUSS & E " Dated: a / 5-l0 1 Bruce 1.. Warshawsky Ndiire Attorney I.D. No. 58 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Defendant John Barton 297835-1 GE CAPITAL MORTGAGE IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION -LAW JOHN BARTON OR OCCUPANTS, Defendant NO. 03-1243 CIVIL TERM ANSWER WITH NEW MATTER And now comes the Defendant, John Barton, by and through his attorneys, Bruce J. Warshawsky, Esquire, and Metzger, Wickersham, Knauss & Erb, P.C. to answer the Complaint filed in the above-captioned action, and raise new matter thereto as follows: ANSWER 1. Admitted upon information and belief. By way of further response, however, it is believed that Wells Fargo is a successor in interest to Plaintiff, as the Defendant, John Barton, had been paying his mortgage to Wells Fargo. 2. Admitted in part and denied in part. It is admitted that the Defendant is John Barton. John Barton knows of no other occupant. 3. Admitted upon information and belief. 4. Admitted upon information and belief. 5. The averments of this paragraph are legal conclusions to which no response is required. To the extent that a response is deemed to be required, it is specifically denied that the Defendant, John Baron, was occupying said premises without right, as is more specifically set forth in the New Matter below. 297835-1 6. Denied as stated. Since Plaintiff became owner of the premises, the Defendant, John Barton, on numerous occasions, has attempted to contact Plaintiff regarding his occupancy of said premises, but at no time has Plaintiff ever demanded possession of the premises from the Defendant, John Barton, nor has John Barton refused to deliver possession of the premises to the Plaintiff. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss the Complaint and award him costs, attorneys' fees and other just relief. NEW MATTER 7. Defendant hereby incorporates by reference his answers to Paragraphs 1 through 6 as if more specifically set forth herein. 8. Since March 5, 2003, Defendant, John Barton, has been occupying the premises with the knowledge and acquiescence of the Plaintiff. 9. On numerous occasions, Defendant, John Barton, attempted to contact Plaintiff and Plaintiffs counsel regarding his continued occupancy of said premises, to which the Defendant, John Barton, received no response or a response that they would not speak with him. 10. The Defendant, John Barton, has never received a notice to quit or other notification that the Plaintiff wishes for him to be removed from the premises, other than this Complaint in Ejectment. 297835-1 11. The Defendant, John Barton, has tendered monies to the Plaintiff in connection with his continued occupancy of the said premises. 12. The Defendant, John Barton, has maintained insurance coverage on the premises, with Wells Fargo as an additional insured, since March 5, 2003 up through the present. 13. Plaintiff is enjoying the benefit of Defendant's continued occupancy of the premises, in that the premises are not vacant and are being insured by the Defendant, John Barton. 14. Plaintiffs occupation of the premises is a tenancy at will, because the Plaintiff is aware of Defendant's continued occupancy and has acquiesced in his continued occupancy. 15. As a tenant at will, the Defendant, John Barton, is entitled to written notification of the Plaintiffs request that he remove from the premises. 16. Alternatively, the Defendant, John Barton, is a tenant at sufferance with a continued right of possession. 17. Plaintiff s Complaint is barred by the applicable statute of limitations. 18. Plaintiff s Complaint is barred by the doctrine of estoppel. 19. Plaintiff s claim is barred by the doctrine of latches. 20. The Plaintiff would be unjustly enriched if the Defendant, John Barton, were ordered to be removed from the premises. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss the Complaint and award him costs, attorneys' fees and other just relief. 297835-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. B ruce J. Warshawsky, Esquire Attorney I.D. No. 58799 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: 2/ V16 1 Attorney for Defendant John Barton 297835-1 VERIFICATION I, John Barton, verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unswom falsification to authorities. Dater 6?? 297689-1 CERTIFICATE OF SERVICE I, Bruce J. Warshawsky, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing Answer with New Matter and upon the following person(s) at the following address(es) indicated below by sending same in the United States Mail, first-class, postage prepaid: Frank Federman, Esquire Federman and Phelan, LLP One Penn Center at Suburban Station 1617 JFK Boulevard Philadelphia, PA 19103-1814 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: y Bruce J. Warshaw y, Esquire Dated: ) I C /U I 297835-1 C? o T ?- Zi ? a s 'T7 -1 N -' U33 v n? W '? Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0.3 - ! 2A3 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573