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HomeMy WebLinkAbout03-28231N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY HOME LOAN SERVICES, INC., 150 Allegheny Center Mall Pittsburgh, PA 15212 CIVIL DIVISION COMPLAINT IN EJECTMENT Plaintiff, Code: EJECTMENT VS. LINDA L. EDEN AND/OR TENANT/OCCUPANT, 21 Givler Avenue Enola, PA 17025 Defendant. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 COMPLAINT IN EJECTMENT 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 THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND 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 YOUR LAWYER AT ONCE. IF YOU SHOULD 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY HOME LOAN SERVICES, 1NC., : : Plaintiff, VS. L1NDA L. EDEN AND/OR TENANT/OCCUPANT, Defendants. COMPLAINT IN EJECTMENT AND NOW, comes the above-captioned Plaintiff, by and through its counsel, Louis P. Vitti & Associates, P.C. and Louis P. Vitti, Esquire, who files this Complaint in Ejectment as follows: 1. The Plaintiffis a corporation having a principal place of business located at 150 Allegheny Center Mall, Pittsburgh, PA 15212. 2. The Defendant(s) are individuals, suijuris, whose last known address was 21 Givler Avenue, Enola, PA 17025. 3. On November 6, 1998, the Plaintiff or its predecessor in title lent to Defendant(s) and/or their predecessor(s) in title, the sum of Sixty-One Thousand, Seven Hundred Three and No/100 ($61,703.00) Dollars, and in consideration thereof, the Defendant(s) and/or their predecessor(s) in title, executed a mortgage which was recorded on November 9, 1998, in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book Volume 1496, page 179. 4. The premises secured by the mortgage (hereinafter "the Property',) are described in the document that is attached hereto, made a part hereof, and called Exhibit 'A". 5. The mortgage provides that, in the event of default, the holder thereof has the rights, inter alia, to take possession of the Property and to foreclose the mortgage. 6. Since January 18, 2000, the mortgage has been in default by reason of the failure of the mortgagor(s) to make appropriate payments. 7. An action in mortgage foreclosure was instituted in the Court of Common Pleas of Cumberland County at No. 2001-01422, and ultimately a sheriffs sale of the Property -- at which Plaintiff or its predecessor in title was the successful bidder -- occurred on June 11, 2003. 8. Plaintiff, National City Home Loan Services, Inc. has the right to immediate possession of the Property. 9. Defendant(s) and/or all other occupants continue to occupy the Property. 10. Any alleged claim of Defendant(s) to possession of the Property is as or through the owner(s)/mortgagor(s) described in Paragraph 3 hereof. WHEREFORE, Plaintiff prays Your Honorable Court enter Judgment in favor of the Plaintiff, National City Home Loan Services, Inc., for sole possession of the Property and vesting the title of said premises in the Plaintiff. Respectfully submitted, LOUIS P. VITTI & ASSOCIATES, P.C. By: Louis P. Vitti, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated March 25, 1966, prepared by Roy M. M. Benjamin, Registered Engineer, as follows: BEGINNING at a point on the Eastern line of Givler Avenue, said point being 99 feet in a Southerly direction from Southeastern corner of the intersection of Givler Avenue and Church Street, said point being on the dividing line between Lots Nos. 13 and 12 on the hereinafter mentioned plan of lots; thence along said dividing line North 79 degrees East 150 feet to a point on the Western line of an alley; thence along the Western line of said alley South 11 degrees East 85 feet to a point; thence South 79 degrees West 150 feet to a point on the Eastern line of Givler Avenue; thence along the Eastern line of Givler Avenue North 11 degrees West 85 feet to a point the place of beginning. HAVING erected thereon a dwelling known as 21 Givler Avenue, Enola, PA 17025. PARCEL NO. 09-13-1000-036. BEING the same premises which Edith M. Lloyd, a widow, by deed dated 10/31/1997 and recorded o~ 11/18/1997 in the Cumberland County, Pennsylvania, Recorder of Deeds Office in Deed Book Volume 167, page 1115, granted and conveyed unto Linda L. Eden, a single woman. EXHIBIT" A " VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint in Ejectment are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. Louis P. Vitti Dated: June 12, 2003 SHERIFF'S RETURN - CASE NO: 2003-02823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY HOME LOAN SERVIC VS EDEN LINDA L ET AL REGULAR RICHARD SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT - EJECTMENT EDEN LINDA L DEFENDANT , at at 21 GIVLER AVENq3E ENOLA, PA 17025 LINDA EDEN a true and attested copy of COMPLAINT - EJECTMENT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 1222:00 HOURS, on the 24th day of June by handing to the , 2003 together with and at the same time directing Her 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 ~ ~ day of  ~&~23 A.D. ~ronnononary -- So Answers: R. Thomas Kline 06/25/2003 LOUIS VITTI By: GUY A. ECKERT, t/d/b/a AARON POTTEIGER & SON, Plaintiff JAMES E. ZEIGLER, OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3823 CIVIL TEI~3VI IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT; PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE HOFFER, P.J., HESS and OLER, JJ. AND NOW, this Defendants' preliminary motion to strike Defendants' preliminary objections, following oral argument held on December 8, 2004, and pursuant to an agreement reached by counsel at the oral argument, it is ordered and directed as follows: 1.Plaintiff's motion to strike Defendants' preliminary objections is denied; 2. Defendants' preliminary objections to Plaintiff's complaint are sustained to the extent that paragraphs 14(0, 14(h), 20(0, 20(h), 31(0, and 3 l(h) are stricken on the basis of Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983), and are otherwise deemed moot upon the attorneys' representations that they will resolve these matters through the discovery process; and ORDER OF COURT 8th day of December, 2004, upon consideration of objections to Plaintiff's complaint, and of Plaintiff's 3. Defendants are granted twenty days from the date of this order within which to file an answer to Plaintiff's complaint. ~isa Marie Coyne, Esq. 3901 Market Street Camp Hill, PA 17011 Attorney for Plaintiff ~effrey T. McGuire, Esq. 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendants BY THE COURT, J¥/W-es~ey 01~'.,/..