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Home My WebLink About99-07594;' ,? ,c ?. FEDERMAN AND PHELAN By: Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215)563-7000 COUNTRYWIDE HOME LOANS, INC. 6400 LEGACY DRIVE PLANO, TX 75024-3632 V. THOMAS B. PRINDLE OR OCCUPANTS 740 ERFORD ROAD CAMP HILL, PA 17011 Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County Term No. 09 -759y Cu CIVIL ArTION - EJECTMENT - 3020 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attomey 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 vou. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC.. 2. Defendant is THOMAS B. PRINDLE OR OCCUPANTS. 3. Plaintiff is the owner of premises located at 740 ERFORD ROAD, CAMP HILL, PA 17011, 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. alod Gwn-alr? F NK FEDER AN Attorney for Plaintiff ALL THAT CEA?AIN piece or Cnmberknd Ccxaaty. Commonwealth Of fizaa "6 to wit: D=04PUNC at a point on the Wes feet North of the Nathwaswly oomer of &Ading lino bebw= Lots Noa.11 and fix TSINM slonS said dividUts lino South 531 along the Easterly line of Lot Nn. 41, Mid 37.50 feat to at rmint; TIONCE North 53 Westerly liar of Fsfad Road (Cut), aforeta But 3750 fast to a pq!a the Place of BEf TOGLOrDER with the rwA in coma adjoining premises ALSO BEING Lee Nl?t Block in the Office of the Recorder ofDueds in a 15, page 56. . t of situate in the East Pennsborn Township, nd dcsatbed ae a Iva tacrc particularly rm&d . °f Erford Road (Fast). which point is 59425 d (East)v and Dunes Drive (East). and a k . on the fwrcieafter mentloncd Plan of LM 1s te tlQmians Wat.110 feet to apoint: 7MENl(E m plan, North 37 ftraes 00 minuta Weal . :ca oo minutes East 11,0 ftxt to a point on the HENCE along saute South 37 degrees 00 mittutes NG. _ sue the partition wall with owner and ocmgger of Un Plan No. 7. Ridley Park which Plan is recorded fur Cumberland County, Pcnacylvaaia, in Plan Book _ ..? ?. TTY '??J.C? BEING THE SAME PREMISES WHICH ANTHONY J. BARBER AND MARY R. BARBER, BY DEED DATED EVEN DATE HEREWITH AND INTENDED TO BE FORTHWITH RECORDED GRANTED AND CONVEYED UNTO THOMAS B. PRINDLE, fN FEE. VERIFICATION Frank Federman, Esquire hereby states that he is the Attorney for the Plaintiff in this matter, that he is authorized to take this Verification, 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unswom falsification to authorities. =LL1f/Gll ?¢A'O.t•,.,-fir ?-? b'rank Federma , Esquire Attorney for Plaintiff Date: ??- - C> Cf, C 1.]: ;J 1 . r .:-. G= c: ,:J :-? (•1 ? j L• . ? il.' ':- ;- [? _ ("'? j ? v ??? ??? ?? O (`? V 1 V' SHERIFF'S RETURN - REGULAR CASE NO: 1999-07594 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LONAS INC VS PRINDLE THOMAS B CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon PRINDLE THOMAS B the DEFENDANT , at 0015:39 HOURS, on the 22nd day of December , 1999 at 740 ERFORD ROAD CAMP HILL, PA 17011 by handing to SAM SHOLLY (OCCUPANT) a true and attested copy of COMPLAINT - EJECTMENT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 Z .00 i 8.00 R. homas Kline .00 35.30 12/22/1999 FEDERMAN & PHELAN Sworn and Subscribed to before m this day of A. D .G2 U U U By: Deput eriff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE. Identification No. 12248 Suite 900 TWO PENN CENTER PLAZA Philadelphia, PA 19102 (215) 563-7000 COUNTRYWIDE ROME LOANS, INC. Plaintiff VS. THOMAS B. PRINDLE OR OCCUPANTS Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-7594-CIVIL CUMBERLAND COUNTY TO THE PROTHONOTARY: Kindly index Sam ShnIII as Defendant in the above captioned matter. Sam Sholly was found in possession of the premises and was served with a copy of the Complaint on December 22, 1999. P nk Federman, .squire Attorney for Plaintiff Date: tannn 12 '2000 } W CV n t? ? O7 Q 7 (!) 5 rr 2JLU LL. -D O o ) U COUNTRYWIDE HOME LOANS, INC., PLAINTIFF V. THOMAS B. PRINDLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7594 CIVIL TERM EVICTION PRELIMINARY OBJECTIONS AND NOW comes Michelle Prindle, by and through her attorney, Thomas D. Gould, and files these preliminary objections to plaintiff's complaint. 1. Plaintiff's first averment is insufficient in that it lacks sufficient information to identify the plaintiff. It fails to state an address or state of incorporation. 2. Plaintiff's second averment is insufficient in that it lacks sufficient information to identify the alleged defendant. It fails to state an address of the alleged defendant. 3. The use of the designation as occupant as a defendant is insufficient to clearly identify potential defendants. Michelle Prindle is the legal owner of the premises subject to this action and she has not been joined as a necessary party. u 4. Plaintiff's averment 4 to properly identify the allege found. Alternatively, no copy complaint. 5. Plaintiff's averment 6 to properly set forth the facts was demanded or identify who, possession was refused. lacks specificity in that it fails d deed and where that deed may be of the deed was attached to the lacks specificity in that it fails of when, where or how possession how, why or when delivery of Thomas D. Gould Attorney for Michelle Prindle I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 P.c_.: J.. VERIFICATION I verify that the statements made in this preliminary objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 011 q w Michelle Prindle I Tfi COUNTRYWIDE HOME LOANS, INC., PLAINTIFF V. THOMAS B. PRINDLE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7594 CIVIL TERM EVICTION CERTIFICATE OF SERVICE AND NOW, this Y-!? day of February, 2000, I, Thomas D. Gould, Esquire, Attorney for Defendant Michelle Prindle, hereby certify that I have this day sent a copy of Ms. Prindle's Preliminary Objections by depositing a copy of it in the United States mail, postage prepaid, addressed to: FEDERMAN AND PHELAN SUITE 900 TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 DATED -)9". 1-) J6? Thomas D. Gould, Esquire ID # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 FEDERMAN & PHFLAN BY: SHEETAL R. SHAH-JANI, ESQUIRE IDENTIFICATION NO. 81760 SUITE 900, TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 (215) 563-7000 Countrywide Home Loans, Inc. 6400 Legacy Drive Plano, TX 75024-3632 VS. Thomas B. Prindle or Occupants 740 Erford Road Camp Hill, PA 17011 AND NOW, this day of ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION 99-7594 Civil , 2000, upon consideration of the Preliminary Objections of Defendant, Thomas B. Prindle or Occupants, and Plaintiffs Response thereto, it is hereby ORDERED and DECREED that the said Preliminary Objections are overruled. Defendant has a period of twenty (20) days from the date of this Order within which to file an Answer to the Complaint. BY TILE COURT: J. FEDERMAN & PHELAN BY: SHEETAL R. SHAH-JANI, ESQUIRE IDENTIFICATION NO. 81760 SUITE 900, TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 (215) 563-7000 Countrywide Home Loans, Inc. 6400 Legacy Drive Plano, TX 75024-3632 VS. Thomas B. Prindle or Occupants 740 Erford Road Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION 99-7594 Civil THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FORTHAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUCTED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. PLAINTIFF'S RESPONSE TO OFFEND A NT'S PRFI IMINAR V OR FECTIONS Plaintiff, Countrywide Home Loan, Inc., by its attorney, Shecial R. Shah-Jani, Esquire, hereby files the within Response to Preliminary Objections of Defendant/Occupant, Michelle Prindle, and in support thereof states as follows: Plaintiff hereby incorporates by reference paragraphs I through 6 of its Complaint as if fully set forth herein. Denied. Contrary to Defendant's allegations, Plaintiffs Complaint specifically states that the Plaintiff is Countrywide Home Loan, Inc., with an address at 6400 Legacy Drive, Plano, TX 75024-3632. By way of further response, there is no requirement under Pennsylvania Rules of Civil Procedure to state the Plaintiffs state of incorporation, 2. Denied. Contrary to Defendant's allegations, paragraph 2 of Plaintiffs Complaint specifically states that the Defendant is "Thomas B. Prindle or Occupants. By way of further response, Plaintiff's caption specifically states that the address of'rhomes B. Prindle or Occupants is 740 Erford Road, Camp Hill, PA 17011. Byway of further response, when Plaintiff tiled its instant Complaint in r?l I. Ejectment, Plaintiff was not aware who the current occupants of the property might be. By way of further response, therefore, Plaintiff filed the instant Complaint in Ejectment against the former owner and mortgagor of the property, Thomas B. Prindle and/or any occupants currently occupying the property 3. Denied. See Plaintiffs response to paragraph 2, above. By way of further response, it is specifically denied that the occupant Michelle Prindle is the legal owner of the subject premises. By way of further response, Plaintiff, Countrywide Home Loans, Inc., became the owner of the subject premises, as a result of the foreclosure and Sheriffs Sale held on the subject property on December 8, 1999. By way of further response, Plaintiff is currently in the process of having the Sheriffs Decd recorded by the Office of the Recorder of Cumberland County. A true and correct copy of the letter sent to the Office of the Sheriff by the Plaintiff dated January 13, 2000 is attached hereto, made part hereof and marked as Exhibit A. 4. Denied. The averments of paragraph 4 contain conclusion of law to which no answer is warranted. By way of further response, see Plaintiffs response to paragraph 3, above. 5. Denied. The averments of paragraph 5 contain conclusion of law to which no answer is warranted. By way of further response, before initiating the instant Complaint in Ejectment, Plaintiff forwarded on December 14, 1999 a letter advising Thomas B. Prindle or Occupants that the Plaintiff had become the equitable owner of the subject premises as a result of Foreclosure and Judicial Sale by the Sheriff of Cumberland County on December 8, 1999. Furthermore, the letter dated December 14, 1999 advised Thomas B. Prindlc or occupants that they need to vacate the subject premise immediately. A true and correct copy of the December 14, 1999 letter from the Plaintiff is attached hereto, made part hereof and marked as Exhibit B. espectfully requests that the Honorable Court overrule the and Order the Defendant to file an Answer to Plaintiffs Complaint Jer. Respectfully submitted, FEDERMAN AND PHELAN 1 Sheetal R. S'. Attorney for FEDERMAN & PHELAN BY: SHEETAL R. SHAH-dANi, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 81760 SUITE 900, TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 (215) 563-7000 Countrywide Home Loans, Inc. 6400 Legacy Drive Plano, TX 75024-3632 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION 99-7594 Civil Thomas B. Prindle or Occupants 740 Erford Road Camp Hill, PA 17011 PLAINTIFF'S BRIEF IN SUPPORT OF ITS RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS Plaintiff has filed an Eviction Complaint because Defendant is unlawfully occupying the subject property. In response, Defendant has filed frivolous Preliminary Objections merely to delay the eviction action. Defendant contends that the Complaint should be stricken because Plaintiff has failed to attach a copy of the decd to the Complaint, allegedly in violation of the Pennsylvania Rules of Civil Procedure. Defendant's contention is without merit. Rule 1019(h) of the Pennsylvania Rules of Civil Procedure provides: A pleading shall state specifically whether any claim or defense set forth therein is based upon a writing. If so, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or a copy is not accessible to him, it is sufficient so to state, together with the reason, and to set forth the substance of the writing. Defendant's argument ignores, however, the provisions of Rule 1019(8), which states: Any part of a pleading may be incorporated by reference in another part of the same pleading or in another pleading in the same action. A-p=y-may-incotpora by rerercu v- Y-m1lL1cLnf ree rd in any-s(ate-or-fedLmLco in nf?V.lwsc-mcard arc %Yitllin._Ihc.counLy-&vithin which Lhe ?pendin8.nr aay =crsvhich is record x] or_lranscribed verlnum in the Oflice_of the 1'rnthonotary. C:lcrk of :mysnnrt o recnnl., R • nrc- r___Ic._r_nf nceds.oLRcglcter of .Wills of such County. (Emphasis supplied) Additionally, Rule 1019(d) provides: In pleading an official document or official act, it is sufficient to identify it by reference or aver that the document was issued or the act done in compliance with law. Paragraph 3 of Plaintiffs Complaint avers that the Deed that is the subject of the instant action was recorded in the Office of the Recorder of Cumberland County, which Deed was lodged and settlement made with the Sheriff (Abstract of Title). As such, this averment falls squarely within the provisions of Rule 1019(8) and/or Rule 1019(d). The writing need not be attached under these circumstances because it is properly incorporated by reference. See generally 2 Goodrich-Amram 2d Section 1019(g):2. See 1 nndnn_ vKintsley (No. 3), 51 Lack. Jur. 59 (1950) (reference to the deed book incorporated the entire deed into the pleading). For the reasons set forth herein, the Preliminary Objections are meritless and have been interposed for the purpose of delay only. Plaintiff respectfully requests that this Honorable Court enter an Order overruling Defendant's Preliminary Objections and directing Defendant to file an Answer to Plaintiffs Complaint within twenty (20) days of the Court's Order. WHEREFORE, Plaintiff respectfully requests that the Court overrule Defendant's Preliminary Objections and direct the Defendant to file an Answer to Plaintiffs Complaint. Date:2 Respectfully submitted, FEDERMAN AND PHELAN Sheetal R. Shah-Jan' ?squ e1 Attorney for Plainti 'f EXHIBIT A FEDERMAN AND PHELAN Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 Telephone No. 215-563-7000 Fax No. 215-563-5534 Tax:ID#23-2301814 January 13, 2600 Office of t°.e Sheriff Cumberland County Courthouse South Hanover Street Carlisle, PA 17013 Re: PRINDLE, Thomas B. 740 Erfo_d Road Camp Hill, PA 17011 No. 99 „ E CIVIL Gentlemen With reference to the above captioned property, which was knocked down to me as "attorney-on-the-writ", please prepare the Sheriff's D=e to COUNTRYWIDE HOME LOAN INC., 6400 Legacy Drive, Plano, TX 73024-3632. PLE:.SE .=.X ME A COPY OF THE DEED BEFORE IT IS SENT FOR RECORDING AC_ ADVISE ME OF THE RECORDING DATE. Enclcsed are two (2) transfer tax affidavits reflecting the assignment, and two (2) stamped self-addressed envelopes for your convenience. Your coeceration in this matter would be appreciated. Yours truly ,^ uc \ e Sandra Ccoce_•.'for Edna ?oustc:. Enc. cc: COUN=R7X'__'7_ HOME LOANS #4512712 EXHIBIT B FEDERINLAN AND PHELAN SUITE 900 TWO PENN CENTER PLAZA PHILADELPHIA, PA. 19102 (215) 563-7000 Fax No. (215) 563-5534 DECEMBER 14, 1999 THOMAS B. PRINDLE OR OCCUPANTS 740 ERFORD ROAD CAMP HILL, PA 17011 RE: 740 ERFORD ROAD CAMP H11 t. PA 17011 Dear Occupant: We represent COUNTRYWIDE HOME LOANS, INC. which became equitable owner of the above premises as a result of foreclosure andjudicial sale by the Sheriff of the County of CUMBERLAND on DECEMBER 08, 1999. You are now in possession of the premises without Authority or permission of our client and you must vacate immediately. Unless you immediately vacate the premises and make them available for possession, court action will be taken against you at once. Very truly yours, FEDERMAN AND PHELAN GAN <?iL ' IAN F NK FEDER VERIFICATION Shectal R. Shah-Jani, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Response to Preliminary Objections are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of IS Pa.C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: LI I C? v v FEDERMAN AND PHELAN 1 ` By: Sheetal R. Shah-Jan', Esquir Attorney for Plainti Suite 900,'rwo Penn Center Philadelphia, PA 19102 (215) 563-7000 J' pR AFCfpt' FOR I ISTINC CASE FOR ARGLIMFN_ _T (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Countrywide Home Loans, Inc. (Plaintiff) VS. Thomas B. Prindle (Defendant) No.,524_CivilActinn 1944 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Response to Defendant's Preliminary Objections. 2. Identify counsel who will argue case: (a) for plaintiff. Shectal R. Shah-Jani, Esquire Address: 2 Penn Center Plaza Suite 900 Philadelphia, PA 19102 (b) for defendant: Thomas D. Gould, Esquire Address: 2 East Main Street Shiremanstown, PA 17011 3. 1 will notify all parties in writi ng within two days that this case has been listed for argument. 4. Argument Court Date: April 19, 2000 Attorney for Plain Date: 2 I I --?-I Do a ? Mnip/poxv/prindleAm FEDERMAN & PHELAN BY: SHEETAL R. SHAII-JANI, ESQUIRE. IDENTIFICATION NO. 81760 SUITE 900, TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 (215) 563-7000 Countrywide Home Loans, Inc. 6400 Legacy Drive Plano, TX 75024-3632 VS. Thomas B. Prindle or Occupants 740 Erford Road Camp Hill, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL. DIVISION 99-7594 Civil I hereby certify that a copy of the Plaintiffs Response to Defendant's Preliminary Objections, Brief, and Praecipe for List Case for Argument, were served upon counsel for the Defendant by first class mail, postage prepaid, at the address and on the date listed below: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 DATE: 2 Ott Shectal R. S'. Attorney for FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff Countrywide Home Loans, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. NO. 99-7594 Civil Thomas B. Prindle Or Occupants PRAECIPF. TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Plaintiff hereby withdraws its Complaint without prejudice filed in the above captioned matter. Please mark this case discontinued and ended without prejudice. FEDERMAN AND PHELAN DATE: BY: Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Countrywide Home Loans, Inc. Vs. Thomas B. Prindle Or Occupants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 99-7594 Civil I hereby certify that a copy of the Praecipe to Withdraw Complaint was served upon counsel for the Defendant by first class mail, postage prepaid, at the address and on the date listed below: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 FEDERMAN AND PHELAN DATE: &ZL Frank Federman, Esquire Attorney for Plaintiff