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HomeMy WebLinkAbout99-04882k Al `•tk ? »Y .qd LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney IDk 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, Plaintiff IN THE COURT OF COMMON PLEAS LACKAWANNA COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY A n VS. LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants No. ?'G) - )/PJ->°L ACTION OF 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 claims 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 HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle PA 17013 Telephone: 717-249-3166 FIRST UNION NATIONAL BANK, Plaintiff VS. LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants IN THE COURT OF COMMON PLEAS LACKAWANNA COUNTY, PENNSYLVANIA CIVIL ACTION -EQUITY No. ACTION OF EJECTMENT COMPLAINT First Union National Bank, Plaintiff, by and through its attorney, Anthony R. Distasio, Esquire, of Linton, Distasio, Adams & Kauffman, P.C., brings this action of ejectment against the Defendants and avers as follows: 1. First Union National Bank, Plaintiff, is a national bank organized under the laws of the United States doing business at 645 Hamilton Street, Allentown, Lehigh County„ Pennsylvania 18101. 2. The Defendants, Lee E. Vanasdlen and Sara E. Vanasdlen, are adult individuals whose last known address is 16 Hill Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania. 3. The Plaintiff purchased the premises known and numbered as 16 Hill Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania, at Sheriff's sale on June 9, 1999. A full description of the premises is attached hereto as Exhibit "A" and incorporated herein.. 4. Plaintiff, First Union National Bank, has been the owner of the premises from the date of the Sheriff Sale and still is the owner of the premises. 5. The deed evidencing the transfer of fee simple title to the Plaintiff, First Union National Bank, by the Sheriff of Cumberland County, Pennsylvania, has not yet been received by the Plaintiff. 6. As of the date Plaintiff acquired title to the premises as a result of the Sheriff's sale, the Defendants' interest became extinguished, terminated and void as a result of Plaintiff's purchase of the premises, and therefore, the Defendants were and are unlawfully in possession of the premises without right or authority of law. 7. Since that date and after demand by Plaintiff to vacate the premises, Defendants have been in possession of the premises, and have at all times subsequent thereto withheld, and still do withhold, the possession thereof from Plaintiff, all to Plaintiff's detriment. WHEREFORE, Plaintiff demands judgment against the Defendants for possession of the Property hereinbefore described, together with costs of the action and such other relief as may be appropriate. LINTON, DISTA , ADAMS,BC KAUFFMAN, P.C. By. ti . ((/? Anthony R. Dis sio, Esquire Attorneys for Plaintiff 3 i .1 ALL those certain four tracts of land situated in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO 1 BEGINNING at a corner of Abram Etter thence by lands now or formerly of David Cooper North 76 1/4 degrees East 16 feet to a post; thence by lands now or formerly of Mrs. Caroline McKeehan North 14 degrees West 8.7 perches to a post; thence South 78 degrees West 16 feet to a post; 1/4 thence by land now or formerly of Abraham Etter 8.7 perches to the place of BEGINNING. CONTAINING 8.6 perches. BEING Tract 1 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. BEGINNING at a post thence by lands of John Barrick North fourteen degrees West seven and three tenth perches to a post, thence by lands now or formerly of John Seitz, North seventy eight and one fourth degrees East four and eight tenth perches to a post; thence by lands now or formerly of Mrs. Caroline McKeehan South fourteen degrees East seven and three tenth perches to a post, in line of lands now or formerly of David Cooper; thence by said line South Seventy-six and one fourth degrees West four and nine tenth perches to the place of BEGINNING. CONTAINING thirty-five and one half perches strict measure. BEING Tract 2 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", Volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. TRACT NO 3 BEGINNING at a stone on line of lands now or formerly of John Seitz and Mrs. Sarah Danner, thence by lands now or formerly of Mrs. Sarah Danner North 30 degrees West 22 6110 perches to a stone, thence by land now of heirs of F. E. Goodhart, Deceased, South 60 degrees West 11 3/4 perches to a post, thence by same South 32 1/2 degrees West 7 7/10 perches to a post; thence by r?+*ame.,nnv.,wnua land-now or formerly of John Throne South 50 1/2 degrees East 7/10 perches to a post; thence by lands now or formerly of Jacob Handshew and John Seitz, North 83 degrees East 29 8/10 perches to the place of BEGINNING. CONTAINING Two acres and fifty-seven perches, more or less. BEING Tract 3 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", Volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. BEGINNING at a point in the center of the Public Road leading from Mt. Rock to Newville; thence South 74 degrees 30 minutes West a distance of 11.55 feet to a point; thence by the same North 14 degrees West 103.95 feet to a point; thence along lands now or formerly of Leonard Gensler and William Goodhart North 17 degrees East a distance of 66 feet to a point in Public Road; thence by William Goodhard North 82 degrees 45 minutes East a distance of 150.15 feet to a point; thence South 14 degrees East a distance of 26.4 feet to a point; thence along lands now or formerly of Edith E. Tritt, grantor herein named, South 78 degrees 15 minutes West a distance of 79.2 feet to a point; thence by same South 14 degrees East a distance of 120.45 feet to a point; thence along lands now or formerly of Leib and Pearl Myers South 76 degrees West a distance of 112.2 feet to a point in center of Public Road and the place of BEGINNING. CONTAINING 0.44 Acres more or less. BEING Tract 4 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", Volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. /.'LIIINIfOm1MY. VMwiC lL0 VERIFICATION I, John Nalesnik, hereby verify that I am the Vice President of Special Assets of First Union National Bank, that I am authorized to make this verification on its behalf and that the facts set forth in the within Instrument are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. lhd-1119&?Iee N NALESNIK, V.P. Dated: $ -10 ?Iq r? a lo? - rq V SHERIFF'S RETURN -REGULAR CASE NO: 1999-04882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS. VANASDLEN LEE E ET AL JODY SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon VANASDLEN LEE E the defendant, at 8:38 HOURS, on the 16th day of August 1999 at CUMBERLAND CO SHERIFF'S DEPT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to JOHN BROUJOS, DEFENDANT'S ATTORNEY a true and attested copy of the COMPLAINT - EJECTMENT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answe s• Docketing 18.00 Service .00 . 2 Affidavit .00 Surcharge 8.00 omas ine, ri $7 .UU__LII?TO7, DISTASIO, ADAMS 08/16/1999 by lk, e u y eri Sworn and subscribed to before me this !L '-- day of 19 A. D. zocnonotary? i SHERIFF'S RETURN - REGULAR CASE NO: 1999-04882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS. VANASDLEN LEE E ET AL JODY SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon VANASDLEN SARA E the defendant, at 8:38 HOURS, on the 16th day of August 1999 at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to JOHN BROUJOS a true and attested copy of the COMPLAINT - EJECTMENT together with NOTICE and at the same time directing His attention to the contents thereof. Sherervic Costs: So an w: Docketing 6.00 Affidavit .00 Surcharge 8.00 R-I io-RTirT? 5 eri $14.UL871V DISTASIO, ADAMS 1999 b / Sworn and subscribed to before me this jG `L- day of 19 QG A.D. ro ono y ????? ACCEPTANCE OF SERVICE I accept service of the Notice and Complaint in Ejectment (on behalfof Lee E. Vanasdlen & Sara E. Vanasdlen and certify that I am authorized to do so.) )(? (=-_1_ Date Au oriz d Agent Mailing Address LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney IDy 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -•IY VS. LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants No. 99-4882 ACTION OF EJECTMENT PRAECIPE TO ENTER JUDGMENT FOR POSSESSION TO THE PROTHONOTARY: Please enter judgment for possession of real property located at 16 Hill Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania, more particularly described in the attached Exhibit "A", in favor of Plaintiff and against the Defendants for failure to file an answer or other resposive pleading to Plaintiff's Complaint and costs of suit. I hereby certify that Notice of Intent to Enter Default Judgment was sent to the Defendants on September 14, 1999 copies of which are a LINTON, DISTASIO, ed hereto. AbI9\\&\RAIIF 1'. c. Dated: 09/27/99 By:V i Anth ny R. Di tasio, Esquire Attorneys for Plaintiff F? c G ..: N .: [U> LL 6; 0 U C j ? ALL those certain four tracts of land situated in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1 BEGINNING at a corner of Abram Etter thence by lands now or formerly of David Cooper North 76 1/4 degrees East 16 feet to a post; thence by lands new or formerly of Mrs. Caroline McKeehan North 14 degrees West 8.7 perches to a post; thence South 78 1/4 degrees West 16 feet to a post; thence by land now or formerly of Abraham Etter 8.7 perches to the place of BEGINNING. CONTAINING 8.6 perches. BEING Tract 1 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said .. Recorder's Office in Deed Book "J", Volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. BEGINNING at a post thence by lands of John Barrick North fourteen degrees West seven and three tenth perches to a post, thence by lands now or formerly of John Seitz, North seventy eight and one fourth degrees East four and eight tenth perches to a post; thence by lands now or formerly of Mrs. Caroline McKeehan South fourteen degrees East seven and three tenth perches to a post, in line of lands now or formerly of David Cooper; thence by said line South Seventy-six and one fourth degrees West four and nine tenth perches to the place of BEGINNING. CONTAINING thirty-five and.bne half perches strict measure. BEING Tract 2 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", Volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. TRACT NO. 3 BEGINNING at a stone on line of lands now or formerly of John Seitz and Mrs. Sarah Danner, thence by lands now or formerly of Mrs. Sarah Danner North 30 degrees West 22 6110 perches to a stone, thence by land now of heirs of F. E. Gcodhart, Deceased, South 60 degrees West 11 3/4 perches to a post, thence by same South 32 1/2 degrees West 7 7/10 perches to a post; thence by PLAINTIFF'S EXHIBIT land now or formerly of John Throne South 50 1/2 degrees East 7/10 perches to a post; thence by lands now or formerly of Jacob Handshew and John Seitz, North 83 degrees East 29 8/10 perches to the place of BEGINNING. ' CONTAINING Two acres and fifty-seven perches, more or less. BEING Tract 3 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", Volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. TRACT NO,4 BEGINNING at a point in the center of the Public Road leading from Mt. Rock to Newville; thence South 74 degrees 30 minutes West a distance of 11.55 feet to a point; thence by the same North 14 degrees West 103.95 feet to a point; thence along lands now or formerly of Leonard Gensler and William Goodhart North 17 degrees East a distance of 66 feet to a point in Public Road; thence by William Goodhard North 82 degrees 45 minutes East a distance of 150.15 feet to a point; thence South 14 degrees East a distance of 26.4 feet to a point; thence along lands now or formerly of Edith E. Tritt, grantor herein named, South 78 degrees 15 minutes West a distance of 79.2 feet to a point; thence by same South 14 degrees East a distance of 120.45 feet to a point; thence along lands now or formerly of Leib and Pearl Myers South 76 degrees West a distance of 112.2 feet to a point in center of Public Road and the place of BEGINNING. CONTAINING 0.44 Acres more or less. BEING Tract 4 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", Volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. FIRST UNION NATIONAL BANK, Plaintiff VS. LEE E. VANASDLEN and SARA E VANASDLEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY No. 99-4882 AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940. BERRS COUNTY, SS: Before me, the undersigned authority, personally appeared Anthony R. Distasio, Esquire, who being duly sworn according to law, doth depose and say that LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants are not in the Military or Naval Service, based on the following facts: Age of the Defendant; Present place of employment; Present place of residence; 16 Hill Road, Pennsboro Township, Cumberland County, Pg ADDITIONAL FACTS, if any, Sworn to and subscribed b fore me this a14 day of 1 ?Y 1999. Notary Public tary Publ'?c =san., nurty Wot 15 2000 isle, vania LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, Plaintiff VS. LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY No. 9q-988Q ACTION OF EJECTMENT NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT To: SARA E. VANASDALEN a/k/a Date of Notice: SEPTEMBER A 1999 SARA E. VANASDLEN 16 HILL ROAD CARLISLE PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION EQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAT BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE - POSTMASTER ReceWetl Rom: LINTON, VISTAS a ?1DAIY18 aww?wue.Rar ?N Fla Bit Willi w r G e1r one Plexe of ordinary mail addressed W Ito 1y 1? CGa U,.:l\ e,_ 7YA %701! Affix fee here in stamps if or meter postage and arthouse post mark. Inquire of Postmastar for current fees, s Q stasio, E !aintiff pis Form 3817. Mar. 1989 LINTON, DLSTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -EQUITY Vs. LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants No. RR-188Q ACTION OF EJECTMENT NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT To: SARA E. VANASDALEN a/k/a SARA E. VANASDLEN 16 HILL ROAD CARLISLE PA 17013 Date of Notice: SEPTEMBER A 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION EQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County 1 Courthouse Square Carlisle Pennsylvania 17013 Telephone 717-240-6200 A thony R. Distasio, Attorney for Plaintiff cc: John H. Brojous, Esq. LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, Plaintiff VS. LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY No. qq -188 ACTION OF EJECTMENT NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT 7 To: LEE E. VANASDALEN a/k/a Date of Notice: SEPTEMBERLi 1999 LEE E. VANASDLEN 16 HILL ROAD CARLISLE PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION EQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. POSTMASTER Recehed Ron: ordinary mail addressed lo: . NIcq,4k, ten AffiXlee here in stamps or meter postage and post mark. of 1ArthOllSe Postmaster aster for r current ?? fees. laintiff PS Form 3817, Mar. 1989 LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney IDN 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -EQUITY Vs. LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants No. "n-'1SS4 ACTION OF EJECTMENT NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT t To: LEE E. VANASDALEN alk/a Date of Notice: SEPTEMBER LA 1999 LEE E. VANASDLEN 16 HILL ROAD CARLISLE PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION EQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County 1 Courthouse Square Carlisle Pennsylvania 17013/ Telephone 717-240-6200 Anthony R. Distasid; Esquire Attorney for Plaintiff cc: John H. Brojous, Esq. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013 TO: LEE E. VANASDLEN DATE: SARA E. VANASDLEN RE: FIRST UNION NATIONAL BANK, 16 HILL ROAD Plaintiff CARLISLE PA 17013 v. LEE E. VANASDLEN et al Defendants NO. 99-4882 You are hereby notified in accordance with the Pennsylvania Supreme Court Rule #236 and #1519(c) that Judgment has been entered on a (XXX) Final Order * Decree Nisi * Verdict * Viewers Report Default Assessment of Damages Arbitration Award Confession of Judgment Complaint Stipulation For Entry of Judgment and entered to No. 99-4882 against LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants, concerning Civil Suit No.99-4882 on ,1999 for possession of real property located at 16 Hill Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania and costs of suit. ** And that a Certificate has been filed indicating that each of the parties have been notified of the intention to file said judgment, by the Attorney for the Plaintiff (s) Defendant(s). Curt Long, Prothonotary By: Deputy Pr t ono ar ?vl b a ? G cam; : c Uo o u ? ` LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - OQUO ' VS. : No. 99-4882 LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants ACTION OF EJECTMENT PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above-captioned action for the premises known and numbered as 16 Hill Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania, more particularly described in the attaches exhibit "A". LINTON, DIST/A$QO,,ADAMS & J¢AUFFMAN, P.C. By. c Antho R. D Attorneys for >- CYN H C r 1 , . c' n L, ; u: •. n . ?- V ? iJ ALL those certain four tracts of land situated in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO 1 BEGINNING at a corner of Abram Etter thence by lands now or formerly of David Cooper North 76 1/4 degrees East 16 feet to a Post; thence by lands now or formerly of Mrs. Caroline McKeehan North 14 degrees West 8.7 perches to a post; thence South 78 1/4 degrees West 16 feet to a post; thence by land now or formerly of Abraham Etter 8.7 perches to the place of BEGINNING. CONTAINING 8.6 perches. BEING Tract 1 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", Volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. TRACT NO 2 BEGINNING at a post thence by lands of John Batrick North fourteen degrees West seven and three tenth perches to a post, thence by lands now or formerly of John Seitz, North seventy eight and one fourth degrees East four and eight tenth perches to a post; thence by lands now or formerly of Mrs. Caroline McKeehan South fourteen degrees East seven and three tenth perches to a post, in line of lands now or formerly of David Cooper; thence by said line South Seventy-six and one fourth degrees West four and nine tenth perches to the place of BEGINNING. CONTAINING thirty-five and one half perches strict measure. BEING Tract 2 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", Volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. TRACT NO 3 BEGINNING at a stone on line of lands now or formerly of John Seitz and Mrs. Sarah Danner, thence by lands now or formerly of Mrs. Sarah Danner North 30 degrees West 22 6110 perches to a stone, thence by land now of heirs of F. E. Goodhart, Deceased, South 60 degrees West 11 3/4 perches to a post, thence by same South 32 1/2 degrees West 7 7/10 perches to a post; thence by PLAINTIFF'S d EXHIBIT land-now or formerly of John Throne South 50 1/2 degrees East 7/10 perches to a post; thence by lands now or formerly of Jacob Handshew and John Seitz, North 83 degrees East 29 8/10 perches to the place of BEGINNING. CONTAINING Two acres and fifty-seven perches, more or less. BEING Tract 3 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Bock "J", Volume 31, Page 1306, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. TRACT NO.4 BEGINNING at a point in the center of the Public Road leading from Mt. Rock to Newville; thence South 74 degrees 30 minutes West a distance of 11.55 feet to a point; thence by the same North 14 degrees West 103.95 feet to a point; thence along lands now or formerly of Leonard Gensler and William Goodhart North 17 degrees East a distance of 66 feet to a point in Public Road; thence by William Goodhard North 82 degrees 45 minutes East a distance of 150.15 feet to a point; thence South 14 degrees East a distance of 26.4 feet to a point; thence along lands now or formerly of Edith E. Tritt, grantor herein named, South 78 degrees 15 minutes West a distance of 79.2 feet to a point; thence by same South 14 degrees East a distance of 120.45 feet to a point; thence along lands now or formerly of Leib and Pearl Myers South 76 degrees West a distance of 112.2 feet to a point in center of Public Road and the place of BEGINNING. CONTAINING 0.44 Acres more or less. BEING Tract 4 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", Volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. S I'LISIISOm611wHVYWp 11p r a, c? c 4. r U(.? 1 ? FIRST UNION NATIONAL BANK, Plaintiff VS. LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - l No. 99-4882 ACTION OF EJECTMENT Commonwealth of Pennsylvania County of Berks WRIT OF POSSESSION ss. TO: THE SHERIFF OF CUMBERLAND COUNTY (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to First Union National Bank, 645 Hamilton Street, Allentown, Pennsylvania 18101: ALL THOSE CERTAIN lots or pieces of ground together with the improvements thereon known and numbered as 16 Hill Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania, more particularly described in the attached Exhibit "A". (2) To satisfy the costs against the Defendants, you are directed to levy upon any property of the Defendants and sell their interest therein. DATE OF WRIT: (SEAL) Prothonotary Deputy Prothonotary ALL those certain four tracts 0f land situated in West Eennsboro Tow..^.shin, C=:oerland Ccu-v, Pe.^.nsvl?anja, more particularly bounded end described as fellows, to wit: TRACT NO. 1 BEGT1i1ING at a corner Of P ram Etter thence by lands now or formerly of David Cccper North 76 1/4 decrees East 16 feet to a post; thence by l=ands new cr formerly of Mrs. Caroline McKeehan North 14 degrees West 8.7 perches to a post; thence South 78 1/4 degrees W25t 16 feet to 2 pOSt; thence by land now or formerly of Abraham Etter 8.7 perches to the place of BEGINNING. CONTAINING 8.6 perches. BEING Tract 1 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", Volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. TRACT NO. 2 BEGINNING at a post thence by lands of John Barrick North fourteen degrees West seven and three tenth perches to a post, thence by lands now or formerly of John Seitz, North seventy eight and one fourth degrees East four and eight tenth perches to a post; thence by lands now or formerly of Mrs. Caroline McKeehan South fourteen degrees East seven and three tenth perches to a post, in line of lands now or formerly of David Cooper; thence by said line South Seventy-six and one fourth degrees West four and nine tenth perches to the place of BEGINNING. CONTATNING thirty-five and one half perches strict measure. BEING Tract 2 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in De=_d Book "J", Volume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. TRACT NO. 3 BEGINNING at a stone on line of lands now or formerly of John Seitz and Mrs. Sarah Danner, thence by lands now or formerly of Mrs. Sarah Danner Nlcrth 30 degrees West 22 6110 perches to a stone, thence by lard now of heirs of F. E. Gcodhart, Deceased, South 60 degrees West 11 3/4 perches to a post, thence by same South 32 1/2 degrees Nest 7 7/10 perches to a cost; thence by pLAINTIFF'S EXHIBIT Pr . lard r.cw 0r fcrmerl:/ CL JC.n Tnrore ?C L'th 50 1/2 dECr2c5 East 7/I0 perches to a ncst; thence by lards r.cw or formerly of Jacob Fandshew and Jchn S=it,, North 63 decrees East 29 6/10 p the place of SEGI*NI'iG. perches to CONTAINI?iG Two acres and f''' ?' -=ty-SeVen p2_ChES more or less B--LNG Tract .. of tha sane Cremises whici: Edith Etter Tritt, by her deed dated Juna 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", Vcjume 31, Page 136, granted and conveyed unto Lee E. Vanasdalen and Sara E. Vanasdalen. TRP.CT N0.4 BEGINNING at a point in the center of the Public Road leading from Mt. Rock to Newville; thence South 74 degrees 30 minutes West a distance of 11.55 feet to a point; thence by the same North 14 degrees West 103.95 feet to a point; thence alonc_ lands now or formerly of Leonard Gensler and William Goodhart North 17 degrees East a distance of 66 feet to a point in Public Road; thence by William Goodhard North 82 degrees 45 minutes East a distance of 150.15 feet to a point; thence South 14 degrees East a distance of 26.4 feet to a point; thence along lands now or formerly of Edith E. Tritt, grantor herein named, South 78 degrees 15 minutes West a distance of 79.2 feet to a point; thence by sane South 14 degrees East a distance of 120.45 feet to a point; thence along lards now or formerly of Leib and Pearl Myers South 76 degrees West a distance of 112.2 feet to a point in center of Public Road and the place of BEGINNING. CONTAINING 0.44 Acres more or less. BEING Tract 4 of the same premises which Edith Etter Tritt, by her deed dated June 17, 1985, and recorded in the said Recorder's Office in Deed Book "J", Volume 31, Page 136, granted and conveyed unto Le E. Vanasdalen and Sara E. Vanasdalen. 00,061 . FIRST UNION NATIONAL BANK, Respondent V. LEE E. VANASDLEN AND SARA E. VANASDLEN, 16 Hill Road, Carlisle, PA 17013, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-4882 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of October, 1999, upon consideration of the Petition for Special Relief in the Nature of a Stay of Eviction Under a Writ of Possession Upon Execution filed on behalf of Lee E. Vanasdlen and Sara E. Vanasdlen, and of Plaintiff's/Respondent's Answer to Defendants' Petition for Special Relief and Stay of Ejectment, and following a conference in chambers in which Plaintiff, First Union National Bank, was represented by Anthony R. Distasio, Esquire, and Defendants Lee E. Vanasdlen and Sara E. Vanasdlen, were represented by John H. Broujos, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. Implementation of the writ of possession is stayed for a period of no more than three weeks. 2. Counsel shall coordinate with the Cumberland County Sheriff's office a time and date within the aforesaid three-week period for implementation of the writ of possession by the sheriff. 3. Defendants shall vacate the premises at 16 Hill Road, West Pennsboro Township, Cumberland County, and deliver up possession thereof to Plaintiff within the aforesaid three-week period, and in any event, no later than the time at which the writ of possession is implemented by the sheriff. 4. No further requests for a stay of the writ of possession will be granted by the Court. Anthony R. Distasio, Esquire P.O. Box 461 1720 Mineral Spring Road Reading, PA 19603-0461 For the Respondent John H. Broujos, Esquire 4 North Hanover Street Carlisle, PA 17013 For the Defendants Sheriff wcy i u,,,,„„a.Pu(, 10%0/49' B.6 By the Court, g T rp UQ N `;v IQl. rL d il 'J d?? W ?- 0 N ?uA I.--L O m - U - p. ... ?' _ ?+_? ?_ ...?_ .__. a ?.•:/ C '??? i j L _ ....? i 1 0 IN RE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Union National Bank Respondent V. Civil No. 99-4882 Lee E. Vanasdlen and Sara E. Vanasdlen 16 Hill Road, Carlisle, PA 17013 Defendants ORDER AND NOW, this _ day of October, 1999, upon petition for stay of execution of writ of possession for possession under mortgage foreclosure execution, it is ordered and directed that the implementation of the writ of possession is stayed until , at which time Petitioners are directed to vacate the premises at 16 Hill Road, West Pennsboro Township and deliver up possession thereof. BY THE COURT: IN RE First Union National Bank Respondent V. Lee E. Vanasdlen and Sara E. Vanasdlen 16 Hill Road, Carlisle, PA 17013 Defendants IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil No. 99-4882 PETITION FOR SPECIAL RELIEF IN THE NATURE OF A STAY OF EVICTION UNDER A WRIT OF POSSESSION UPON EXECUTION PETITIONERS through their attorney Broujos & Gilroy, PC, set forth the following request for special relief. 1. Petitioners are Lee E. and Sara E. Vanasdlen of P. O. Box 636, Carlisle, PA 17013 2. Respondent, First Union National Bank, 645 Hamilton Street, Allentown, PA 18101. 3. Respondent held a first mortgage on premises of petitioners at 16 Hill Road, West Pennsboro Township, Cumberland, Pennsylvania. 4. Respondent entered mortgage foreclosure action to the above number and tern, bidding in and having the property knocked down to Respondent by the Sheriff at the public sale of the premises. 5. Respondent thereupon gave notice to Petitioners to vacate the premises, obtaining a Writ of Possession. 6. The Sheriff served the Writ of Possession upon Petitioners with notice to vacate the premises by a date certain. The Sheriff intends to proceed to deliver possession to the premises to Respondent on October 21, 1999. 8. Petitioner Wife Sara has osteoarthritis and rheumatoid arthritis; total knee replacement in 1995 in right knee; 1996 right knee another replacement; and right knee replacement in 1997. She has a condition known as a 70 degree bend. The left knee creates problems of movement and lifting because of the osteoarthritis; and the cartilage is gone in the knee. In her back she has a ruptured disc and pinched nerve; and arthritis in the fingers. 9. Petitioner Husband Lee had open heart surgery; and was treated several times for blood clots in arteries. Stems were installed through the main vein in leg to remove clots and to widen the arteries. His back problem is spinal stuenous. He has problems with the vein in the leg where a portion of the artery was removed for the by-pass. In Hershey Medical Center, a specialist wants to perform back surgery at the lower spine and put a rod in, which will take 6 to 7 hours. He fell on Sunday and Monday October 10 and 11. Dr Kann has ordered stress tests with other tests for October 27 and 28 at Carlisle Hospital to determine whether the heart can withstand surgery. 10. Neither can lift objects or boxes or furniture required for moving. They have difficulty standing and exerting for periods of time. 11. Petitioners have diligently tried to find suitable first floor quarters and housing, without success so far. They have applied for housing in Carlisle and Shippensburg, without success. They have applied to Cross Keys. Adams County and to Cumberland Crossings, both of which have up to five year waiting periods. They have applied to Chapel Point and other homes in Carlisle, which have waiting periods. They are fifteenth on the waiting list for the Todd Home. 12. Petitioners have no place to go to live. The wife is 70 and the husband is 71 years of age. 13. The closest Petitioners have come to support this petition is PaRCP 3183 on setting aside execution. They rely upon subsection (b), providing that "Execution may be stayed by the court as to all or any part of the property... upon-application of any party in interest showing (2) any other legal or equitable ground." Petitioners assert that execution is not necessarily completed by the sale, but continues until possession is delivered to bidder mortgagee. Petitioner is aware that New York Guardian Mortg. Co. v Brokenborough (1990) 394 Super Ct 105, 575, A2d 121, app den (Pa) 592 A2d 45 and app den (Pa) 592 A2d 45 appears to hold that relief may not be available after the property is knocked down. The Rule reads "execution" and not "sale." In any event, Petitioners ask the Court to invoke the broad powers of equity to permit relief even if no law or rule of court pertains. PETITIONERS pray the Court to issue a stay of the writ of posse4aie?ursuant to the execution and to hold a hearing upon this Petition. John H. Broujos, Esquir&' BROOJOS & GILROY, P.C. 1M , orth Hanover Street Carlisle, PA 17013 (717) 243-4574 (717) 766-1690 FAX: 243-8227 #06268 I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. fi ?? 10/19/99 9U6 10:21 FAX Carlisle.Ctudiology Inc. Davicl Kant M.D. October 19, 1999 TO WHOM IT MAY CONCERN: RE: Lee Vanasdien Mr. Vanasdlen has been a patient of mine for 5 years and has multiple medical problems. He suffers from coronary artery disease, has undergone coronary artery bypass grafting in the past, and additionally, has severe problems with back pain secondary to spinal stenosis. At the present time it is not possible for him to participate in any activity that would facilitate moving from his place of residence. I am available to answer any questions - please don't hesitate to call. Sincerely David Kann, M.D. w DK tff An g0kak a(Carfuk JJWW and HwUh %m,Ls. UAW kh luUrog • 220 Wiwn Sh"I • Suh 210 • (Ak, PA 17017.717.258-W62 • FAX 717-156.9187 0002 BELVEDERE MEDICAL CORPORATION 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Intemal Medicine J. CRAIG JURGENSEN,M.D: NEUROLOGY STEVEN L. HATLEBERG, M.D. DAVID P. ALBRIGHT, M.D. SEVDALINA V. BOSHNAKOV, M.D. RE: Lee E.Vanasdlen (DOB 6/3/28) P.O. Box 636 Carlisle, PA 17013 To Whom It May Concern, October 12, 1999 I have been Lee Vanasdlen's attending physician since December of 1997. Since that time I have been treating him for the following medical conditions: Coronary artery disease, hypercholesterolemia, gastroesophageal retlux disease, depression, and spinal stenosis. Sincerely yours, David P. Albng I, M.D. DPA/gmj Progress Notes 'APPALACHIAN ORTHOPEDIC CENTER, LTD. Thomas J, Green, M.Q. Donlel P. Hely, M.D. John C. Rodgers, MD. October 13, 1999 Re: Sara Vanasdlen (12/1/28) To Whom it May Concern: I DJW00C1y Me Cable, PA 17013 TOWO*M.' (717) 249.6112 (717) 243.1414 For. (717) 2496235 (7171243.2522 Sara Vanasdlen has been followed in my office for several years because of ongoing problems of arthritis. Her multiple joint disease requires that she be limited to one floor without routine use of stairs. w If I can provide any additional clarification, please let me know. Sincer / Daniel P. Hely, DPH/nes L C O C?<3 C_i'T d. C7 N - f t-7 t O O n F 1 U 44, B7 '. ATTORNEY LAW OFF/CEB v. LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. ' WE HEREBY CERTIFY, I THAT; CTCOF 1770 AfINERAL SPRING ROAD WDNIN IN ISATRUE AND ND CO CDRgECTCOP P.O. BOX 161 OF THE ORIGINAL FILED IN THI READING, PA 1%07-0161 ACTION. PHONE (610) 071-7770 • FAX (110) 7747511 OCT 2 C AT70RNEy _ Iti r 1 LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney IN 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY VS. No. 99-4882 Civil LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants ACTION OF EJECTMENT AND NOW, this day of , 1999, upon consideration of the Petition For Special Relief In The Nature Of A Stay Of Eviction Under A Writ Of Possession Upon Execution, and upon consideration of the Answer thereto, and upon oral argument of both counsel, it is ORDERED AND DECREED that the Petition is DENIED. J. LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 FIRST UNION NATIONAL BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY VS. No. 99-4882 Civil LEE E. VANASDLEN and SARA E. VANASDLEN, Defendants ACTION OF EJECTMENT PLAINTIFF'S/RESPONDENT'S ANSWER TO DEFENDANTS'/PETITIONERS' PETITION FOR SPECIAL RELIEF AND STAY OF EJECTMENT AND NOW, comes First Union National Bank, Respondent, by and through its attorneys, Linton, Distasio, Adams & Kauffman, P.C. and Anthony R. Distasio, Esquire, and in support of its Answer to Defendants' Petition For Special Relief, states as follows: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that Respondent held a first mortgage on 16 Hill Road. It is denied that Respondent was first lienholder as a judgement creditor (the Diehls) maintained a judgment in the original amount of $25,000. The Diehls, who had not received any payments for 10 years brought the Petitioners' property to sheriff sale to collect their debt in excess of $50,000. A complete chronology is attached as Exhibit nAn. 4. Denied. The Respondent, protecting its second lien position, purchased the property at a sheriff sale brought by the Diehls. It is admitted that a mortgage foreclosure complaint was filed by Respondents as the Petitioners failed to make any payments since July 1. 1997. The Respondent however did not bring the property to sheriff sale. 5. Admitted. By way of further response, the day of the sheriff sale, June 9, 1999, undersigned counsel visited Mr. Vanasdlen, explaining to him that the Bank purchased the property and that he should make arrangements to vacate. On July 1, 1999, after receiving no indication that the Petitioners were making arrangements to vacate, undersigned counsel sent a letter to vacate the property by July 30, 1999. On August 12, 1999, nearly 8 weeks after the first verbal notice and 6 weeks after the first written notice, Respondent filed an ejectment complaint. On September 28, 1999 a default judgement was entered in the ejectment action. 6. Admitted. 7. Admitted. 8. After reasonable investigation, Respondent is without sufficient information to form the truth or accuracy of the averments in Paragraph 8 and are therefore denied. It is further denied that any physical condition is at all relevant to the Petitioners' obligation to vacate the property over 4 months after the sheriff sale of the property. 9. After reasonable investigation, Respondent is without sufficient information to form a belief as to the truth or accuracy of the averments in Paragraph 8 and are therefore denied. It is further denied that any physical condition is at all relevant to the Petitioners' obligation to vacate the property over 4 months after the sheriff sale of the property. 10. After reasonable investigation, Respondent is without sufficient information to form a belief as to the truth or accuracy of the averments in Paragraph 8 and are therefore denied. It is further denied that any physical condition is at all relevant to the Petitioners' obligation to vacate the property over 4 months after the sheriff sale of the property. By way of further response, Respondents will hire movers to move the Petitioners' belongings. 11. After reasonable investigation, Respondent is without sufficient information to form a belief as to the truth or accuracy of the averments in Paragraph 8 and are therefore denied. By way of further response, it is extremely difficult to believe that there are no rental units in the area available to them. The Petitioners certainly can find a room in any of the numerous motels in the area. This Court should not allow years of conscious, calculating delay to continue while the Petitioners selectively choose where they would like to live. That luxury could have been exercised 2 years ago when the Diehls first listed the property for sheriff sale. As Exhibit"A" evidences, the Petitioners have intentionally delayed through bankruptcies and by avoiding service and have been agile enough to avoid the ejectment day for years. They have lived rent free for years, a benefit many seniors would like to enjoy. There must be an end. 12. Denied. There are enumerable places for the Petitioners to live. The fact is the Petitioners do not want to live anywhere else. That can be said for every owners whose property is taken in at sheriff sale and this Court should not set the dangerous precedent to consider that as an equitable factor to allow further delay. Two years without paying and four months since the sheriff sale is sufficient time to find a place to live. 13. Denied. It is denied PaRCP 3183 applies in an ejectment action after a sheriff sale and it is further denied that there are any equitable grounds to allow these continued delays. WHEREFORE, Respondents respectfully request that the Court deny the Petition For Special Relief and direct that the ejectment proceed as scheduled on Thursday, October 21, 1999 at 2:00p.m.. Linton, 'Pistasio, Adams/& Kauffman, P.C. Anthony R. Distasio, Esquire Attorneys for Respondent Exhibit A 1. On August 7, 1986, Lee E. Vanasdlen and Sara E. Vanasdlen (hereinafter "the Vanasdlens") executed and delivered to Raymond and Genevieve Diehl (hereinafter "the Diehls") a Promissory Note in the original principal amount of Twenty-Five Thousand Dollars ($25,000.00). 2. The Vanasdlens failed to make payments on the Promissory Note and a judgment was obtained against them by the Diehls docketed at No. 634 Civil 1991. 3. The Diehls filed a Praecipe For Writ of Execution on the judgment and a Sheriff Sale of the property known and numbered as 16 Hill Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania (hereinafter "the Premises") was scheduled for July 16, 1997. 4. On July 16, 1997, the same day as the Sheriff Sale, the Vanasdlens filed a Chapter 13 Bankruptcy docketed at No. 97-02978. 5. The Diehls and First Union National Bank filed Motions For Relief From The Automatic Stay and after a failure of the Vanasdlens to respond the motions were granted by the Bankruptcy Judge. 6. On January 15, 1998, the Chapter 13 Petition was dismissed by the Bankruptcy Court because of Debtors' failure to act in the bankruptcy. 7. Upon dismissal of the 1997 Bankruptcy, the Diehls once again listed the Premises for Sheriff sale with said sale being scheduled for June 3, 1998. 8. On June 3, 1998, once again the same day as the scheduled Sheriff Sale the Vanasdlens filed a Chapter 13 Petition with the Bankruptcy Court docketed at No. 98-02749. 9. Again both First Union National Bank and the Diehls filed Motions For Relief From The Automatic Stay with the Bankruptcy Court which were granted by the Bankruptcy Court. 10. On December 17, 1998 the Chapter 13 Bankruptcy Petition was dismissed by the Bankruptcy Court. 11. At the time of the dismissal Bankruptcy Judge Woodside announced that prior to the next scheduled sheriff sale the executing creditor (Diehls) should position someone in the Bankruptcy Clerks office in the event the Vanasdlens attempted to file another bankruptcy petition and that said petition should be delivered to him in chambers. Judge Woodside stated that he would immediately deny the petition. 12. A Sheriff Sale of the Premises was held by the Diehls on June 9, 1999, the Diehls debt now in excess of $50,000. 13. On June 9, 1999, First Union National Bank, in order to protect its mortgage interest, purchased the Premises at Sheriff Sale, having to pay off the Diehls and the significant sheriff costs and taxes. 14. On June 9, 1999, the date of the sale, undersigned counsel visited the Premises and after initially being avoided by the Vanasdlens, informed Mr. Vanasdlen of the Bank's purchase of the property and his need to vacate the premises. 15. On July 1, 1999, First Union National Bank sent a written notice to the Vanasdlens notifying them to vacate the Premises on or before July 30, 1999. 16. The Vanasdlens failed to vacate the Premises and on August 12, 1999 First Union filed the within ejectment action. 17. On September 28, 1999 a default judgment was obtained against the Vanasdlens. 18. A Writ of Possession has issued from the Court and after numerous attempts at service by the Sheriff's office, physical ejectment of the Vanasdlens from the Premises has been scheduled for 2:00 on October 21, 1999. 19. The Vanasdlens have had sufficient time and notice to prepare for and to vacate the premises. 20. Since the initial Writ of Execution and Sheriff Sale date of July 16, 1997 the Vanasdlens have had more than two (2) years to locate and move to another residences. 21. The Vanasdlens have been living in the Premises rent free since July, 1997 and have now been in the property over 4 months from the date of the sheriff sale. 22. First Union National Bank is willing to assist in the relocation of the Vanasdlens by having their personal possessions packed and shipped to them after the ejectment. 23. The Property has been sold and the Bank may very well lose the buyers if the property is not vacated immediately. 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V I 1 I C r S - WRIT OF POSSESSION (Ejectment Proceedings PRC P 3160 - 3163 etc) IN THE COURT OF COMMON PLEAS OF ClLNIBERLAND COL-N-n-, PEVNSYLVAVla Fi=st Union National Bank Lee E. Vanasdlen and i Sara E. Vanasdlen i 16 Hill Road, Carlisle, PA 17013 ' No. -------------------------------- Term 19------ No. ---99-4882 Civil ----------------------------- Tartu b9------ Costs Att'v ---------------------- PI'ff sl Prorhy. --------------------- CO3vf1,f0.NWEs.L1'H OF PE.NNSYLV.iNIA: COUNTY OF CUMBERLAND: To the Sheriff of ___ C rnberland ------------ Councv. Penna. 4 109:50- $------------ 3-1-2-0 ----- (I) To satisfy the judgment cor possession in :'rte abo ve matter you are directed :o deiicer possession of the ,ollowing described propertyto: First Union National Bank being : ( premises as f ovm) : 16 Hill Road, Carlisle, PA 17013 ?Wnriff s (2) To sari* he costs against the defendant (s) you are directed to ievv upon any property of ire deren- dant ;s) and set his her or their) interest ;herein. ------------- QY? t_a-ou ---------------------- Prochonorarv. Common Pens Court of C=be-=d County. Penna. Dare _ SeQtember-28 _ 1999 1 ---------- (? ? ---------- • ) D P?t1 PROTHONOTARY FOR THE COUNTY OF CUMBERLAND IN THE COMMONWEALTH OF PENNSYLVANIA,, IN RE FIRST UNION BANK V. VANASDLEN 1999-4882 PRAECIPE TO WITHDRAW AS COUNSEL TO THE PROTHONOTARY PT.FASF. WITHDRAW MY APPEARANCE AS COUNSEL IN THE ABOVE-REFERENCED MATTER SINCE I HAVE INVOLVED FOR SOME TIME DATE: 10-24-2011 RETIRED FROM PRACTICE Jo H. BROUJOS ATTORNEY ID #6268 4 NORTH HANOVER ST. CARLISLE, PA. 17013 PHONE: 717-2434574 AND HAVE NOT BEEN