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HomeMy WebLinkAbout07-5848Jacqueline M. Welby, Esquire Atty. ID No. 57678 The York Legal Group, LLC 3511 North Front Street Harrisburg, PA 17110 Tel: 717.236.9675 Fax: 717.236.6919 Email: jwelby@yorklegalgroup.com Attorney for Plaintiff MARY ANN BITTNER, IN THE COURT OF COMMON PLEAS Administratrix for the OF CUMBERLAND COUNTY, Estate of Suella Bentzel, PENNSYLVANIA 168 Red Haven Road New Cumberland, PA 17070, Plaintiff, No. 61- 5848 C i V i t Tern V. • CIVIL ACTION - LAW AMY ECKENRODE, 307 Hemlock Road Mechanicsburg, PA Defendant. • PRAECIPE FOR WRIT OF SUMMONS IN EJECTMENT TO THE PROTHONOTARY: Kindly issue a writ of summons in the above-captioned action of ejectment. This action concerns the land here described: 307 Hemlock Road, Mechanicsburg, Pennsylvania. ALL THAT CERTAIN piece or parcel situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument as shown on the hereinafter mentioned Plan of Lots, at the intersection of the northeastern side of Hemlock Road, with the northeastern side of Hemlock Road, with the northwestern side of a 50 feet right of way; thence by the northeastern side of hemlock Road North 44 degrees 01 minute West 125.34 feet to a point; thence by the dividing line between Lots Nos. 56 and 58 on said Plan North 40 degrees 57 minutes 30 seconds East 105.10 feet to a point; thence by the dividing line between Lots 56 and 57 on said Plan South 46 degrees 39 minutes 40 seconds East 119.17 feet to a point on the northwestern side of the above mentioned 50 feet right of way; thence by the northwestern side of the above mentioned right of way in a southwesterly direction by an arc or curve to the right with a radius of 378.85 feet, an arc distance of 52.35 feet to a concrete monument, thence by same South 39 degrees 35 minutes West 54.60 feet to a monument, the place of Beginning. BEING Lot No. 56 in the Plan of Lots of Specious Acres, Section 3, which Plan is of record in Cumberland County Recorder's Office in Plan Book 15, Page 50. HAVING thereon erected a dwelling house known as 307 Hemlock Road. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record pertaining to said premises. BEING the same premises which Geraldine E. Brehm, now known as Geraldine E. Brinkley, single person, by Deed dated June 15, 1983 and recorded in Cumberland County Recorder's Office in Deed Book 30F, Page 933, granted and conveyed unto the grantor herein. Parcel Identification No. 42-31-2151-083. Respectfully submitted, ?ueli Welb, Esquire I.D. No. 57678 1,11 The York Legal Group, LLC 3511 North Front Street Harrisburg, PA 17110 (717) 236-9675 Attorney for Plaintiff Date: October 3, 2007 2 MARY ANN BITTNER, IN THE COURT OF COMMON PLEAS Administratrix for the OF CUMBERLAND COUNTY, Estate of Suella Bentzel, PENNSYLVANIA 168 Red Haven Road New Cumberland, PA 17070, plaintiff, No- ?y p ? V. CIVIL ACTION - LAW AMY ECKENRODE, 307 Hemlock Road Mechanicsburg, PA 17055 Defendant. WRIT OF SUMMONS IN ACTION OF EJECTMENT TO THE SHERIFF OF CUMBERLAND COUNTY: You are directed to notify Amy Eckenrod, the Defendant, that Mary Ann Bittner, Administratrix for the Estate of Suella Bentzel, the Plaintiff, has commended an action of ejectment which said Defendant is required to defend. This action concerns the land here described: 307 Hemlock Road, Mechanicsburg, Pennsylvania. ALL THAT CERTAIN piece or parcel situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument as shown on the hereinafter mentioned Plan of Lots, at the intersection of the northeastern side of Hemlock Road, with the northeastern side of Hemlock Road, with the northwestern side of a 50 feet right of way; thence by the northeastern side of hemlock Road North 44 degrees 01 minute West 125.34 feet to a point; thence by the dividing line between Lots nutes 30 East Nos. 56 and 58 on said Plan North 0 ln?between 1Lots 56 and 57 on said pOan10 feet to a point; thence by the dividing South 46 degrees 39 minutes 40 seconds East 119.17 feet to a point on the northwestern side of the above mentioned 50 feet right of way; thence by the northwestern side of the above mentioned right of way in a southwesterly direction by an arc or curve to the right with a radius of 378.85 feet, an arc distance of 52.35 feet to a concrete monument, thence by same South 39 degrees 35 minutes West 54.60 feet to a monument, the place of Beginning. BEING Lot No. 56 in the Plan of Lots of Specious Acres, Section 3, which Plan is of record in Cumberland County Recorder's Office in Plan Book 15, Page 50. HAVING thereon erected a dwelling house known as 307 Hemlock Road. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record pertaining to said premises. BEING the same premises which Geraldine E. Brehm, now known as Geraldine E. Brinkley, single person, by Deed dated June 15, 1983 and recorded in and Cumberland County Recorder's Office in Deed Book 30F, Page 933, granted conveyed unto the grantor herein. Parcel Identification No. 42-31-2151-083. If this land is in possession of anyone not a party, you are directed to notify him that he has been added as a defendant and is required to defend this action. SEAL OF COURT rothonotary Date: 2407 By: Deputy 2 It MARY ANN BITTNER, IN THE COURT OF COMMON PLEAS Administratrix for the OF CUMBERLAND COUNTY, Estate of Suella Bentzel, PENNSYLVANIA 168 Red Haven Road New Cumberland, PA 17070, Plaintiff No. 07-5848 Civil Term V. CIVIL ACTION - LAW AMY ECKENRODE, 307 Hemlock Road Mechanicsburg, PA 17055 ' Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the forgoing pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD 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, Pennsylvania 17013 Telephone No. (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderso de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objectiones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede porceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIERDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 -2- MARY ANN BITTNER, Administratrix for the Estate of Suella Bentzel, 168 Red Haven Road New Cumberland, PA 17070, v. AMY ECKENRODE, 307 Hemlock Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 07-5848 Civil Term Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Mary Ann Bittner, by and through her counsel, Jacqueline M. Welby, Esquire, and files the within Complaint against Defendant Amy Eckenrode, and in support thereof, avers as follows: 1. Plaintiff is a resident if the City of New Cumberland, County of Cumberland, Commonwealth of Pennsylvania. 2. At all times herein mentioned, defendant was, and now is a resident of the City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania. 3. At the time of her death, and for many years prior thereto, Suella Bentzel was the owner and in the sole and exclusive possession of certain real property situate in the County of Cumberland, commonwealth of Pennsylvania, and more particularly described as follows: 307 Hemlock Road, Mechanicsburg, Pennsylvania. 1 ALL THAT CERTAIN piece or parcel situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument as shown on the hereinafter mentioned Plan of Lots, at the intersection of the northeastern side of Hemlock Road, with the northeastern side of Hemlock Road, with the northwestern side of a 50 feet right of way; thence by the northeastern side of hemlock Road North 44 degrees 01 minute West 125.34 feet to a point; thence by the dividing line between Lots Nos. 56 and 58 on said Plan North 40 degrees 57 minutes 30 seconds East 105.10 feet to a point; thence by the dividing line between Lots 56 and 57 on said Plan South 46 degrees 39 minutes 40 seconds East 119.17 feet to a point on the northwestern side of the above mentioned 50 feet right of way; thence by the northwestern side of the above mentioned right of way in a southwesterly direction by an arc or curve to the right with a radius of 378.85 feet, an arc distance of 52.35 feet to a concrete monument, thence by same South 39 degrees 35 minutes West 54.60 feet to a monument, the place of Beginning. BEING Lot No. 56 in the Plan of Lots of Specious Acres, Section 3, which Plan is of record in Cumberland County Recorder's Office in Plan Book 15, Page 50. HAVING thereon erected a dwelling house known as 307 Hemlock Road. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record pertaining to said premises. BEING the same premises which Geraldine E. Brehm, now known as Geraldine E. Brinkley, single person, by Deed dated June 15, 1983 and recorded in Cumberland County Recorder's Office in Deed Book 30F, Page 933, granted and conveyed unto the grantor herein. Parcel Identification No. 42-31-2151-083. 4. Said decedent died intestate on or about December 29, 2006, a resident of the County of Cumberland, Commonwealth of Pennsylvania. Shortly after decedent's death, the defendant and her three children, without right or title, entered upon and took possession of the real property herein above described and now wrongfully occupies the same, and all portions thereof, to the exclusion of the plaintiff. 2 5. Plaintiff at the time of the death of said decedent was her heir along with her sister Lynn Whitzel at law, Plaintiff is Administratrix of the Estate of Suella Bentzel, file 2007-00018, and brings this action on behalf of the Estate. Thereupon became and now is the owner and entitled to the full and exclusive use and possession of the real property herein above described. 6. The mortgage on the said real property is $1,744.18. The Estate is insolvent. The Mortgage company, Chase Bank, entered into an Indenture Agreement with the Administratrix to take back the title to the property. 7. Defendant has been informed of the Agreement with Chase Bank and refuses to vacate the property. WHEREFORE, Plaintiff prays judgment against defendant: for delivery and restitution of possession of the real property herein above described and all portions thereof; for damages for the wrongful occupation and withholding thereof at the rate of $1,744.18 per month, from the time of occupancy of said real property by Defendant to the restoration and delivery thereof; costs and disbursements; and for such other and further relief as to the Court may seem just. Respectfully submitted, By: Z . 9,0 &2 'A J ueli M. Welby, Esquire preme Ct. I.D. # 57672 e York Legal Group, LLC 3511 North Front Street Harrisburg, PA 17110 (717) 236-9675 Attorney for Plaintiff Date: October 30, 2007 3 VERIFICATION I, Mary Ann Bittner, hereby verify and confirm that I am authorized to sign this Verification in this action, and I further acknowledge that I have read the foregoing Form of Complaint q& and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand also that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. rn. Mary i A"k Date: 10-10-61- CERTIFICATE OF SERVICE I, Jacqueline M. Welby, hereby certify that on this 30' day of October, 2007, I served a true and correct copy of Complaint via U.S. First Class Mail, upon the following: Amy Eckenrode 307 Hemlock Road Mechancisburg, PA 17055 L *4m"16 uel' M. Welby, Esquire -1- CD SHERIFF'S RETURN - REGULAR CASE NO: 2007-05848 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BITTNER MARY ANN VS ECKENRODE AMY ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ECKENRODE AMY the DEFENDANT at 1600:00 HOURS, on the 26th day of October 2007 at 307 HEMLOCK ROAD MECHANICSBURG, PA 17055 AMY ECKENRODE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 /00 Y009 Qy, 00 38.56 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 10/29/2007 JACQUELINE WELBY By day Deputy Sheriff A.D. V SKARLATOS & ZONARICH LLP Jacqueline M. Welby, Esquire 17 South Second Street, 6`h Floor Harrisburg, Pennsylvania 17101 (717) 233 - 1000 Attorneys for Plaintiff MARY ANNE BITTNER Administratrix for the Estate of Suella Bentzel 168 Red Haven Road New Cumberland, PA 17070 Plaintiff, V. AMY ECKENRODE, 307 Hemlock Road Mechanicsburg, PA 17055 Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-5848 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, SATISFY & DISCONTINUE TO THE PROTHONOTARY: Please mark the above referenced case settled, satisfied and discontinued with prejudice, as to all defendants, pursuant to Pa.R.C.P. No. 229. Respectfully Submitted, Dated: - / -/ -C) e By: .1 a ueli7 w el ny, esquire Identification No. 57678 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 Attorneys for Plaintiff SKARLATOS & ZONARICH LLP MARY ANNE BITTNER Administratrix for the Estate of Suella Bentzel 168 Red Haven Road New Cumberland, PA 17070 Plaintiff, V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5848 Civil Term AMY ECKENRODE, CIVIL ACTION - LAW 307 Hemlock Road Mechanicsburg, PA 17055 Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jacqueline M. Welby, an attorney with the law firm of Skarlatos & Zonarich LLP, hereby certify that I this day served a copy of the foregoing PRAECIPE TO DISCONTINUE upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Date: AMY ECKENRODE 307 HEMLOCK ROAD MECHANICSBURG, PA 17055 ° ? c? µ t `? 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