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Home My WebLink About03-5601THE LAW OFFICES OF BARBARA A. FE1N, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D, No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaimiff, EMORY G. JOHNSON AND CATHERINE M. JOHNSON and OCCUPANTS OF 2225 Rimer Highway Shippensburg, PA 17257, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. o 1- .5'bol CIVIL ACTION 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 3[WENTY (20) DAYS AFFER 1TIIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRJTYEN 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 CLALM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEy OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator 4th Floor Cumberland County Court House I Courthouse Square Carlisle, PA 17013 (717) 240-6200 03-10525/P031574 NOTICL~ LE HAN DEMANDADO A USTED EN LA CORTE SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHiVAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREV10 AVISO O NOTIFICACION O POR CUALQIER QUEJA O AL]B/lO QDE ESPEDIDO EN LA PE3[ICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IM/>ORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INNIEDiATAIMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICEENTE PARA PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAIO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENC1A LEGAL. Cumberland County Court Administralor 4th Floor Cumberland County Court House I Courthouse Square Carlisle, PA 17013 (717) 240-6200 CIVIL ACTION -- EJECTMENT 1. The Plaintiff, Federal National Mortgage Association, is a corporation authorized to do business within the Commonwealth of Pennsylvania, having its principal place of business at 1900 Market Street, Ste 800, Philadelphia, PA 19103. 2. (a) The Defendant, Emory G. Johnson and Catherine M. Johnson, is an individual whom Plaintiff believes and therefore avers is residing at the property address, that being 2225 Ritner Highway, Shippensburg, PA 17257, hereinafter referred to as the "Premises". (b) The Defendant, Emory G. Johnson and Catherine M. Johnson, is an individual whom Plaintiff believes and therefore avers is residing at the Premises. (c) The Defendant (Unknown) Occupant(s) is/are individuals whom Plaintiff believes and therefore avers are residing at the Premises. 3. The Premises which are described at Exhibit "A" attached hereto and incorporated herein by reference, were sold at the Cumberland County Sheriff's Sale conducted on September 3, 2003, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment entered in the Court of Common Pleas for Cumberland County at the suit of Dovenmuehle Mort{,age Co. LP v. Emorv G. Johnson, Jr. and Catherine M. Johnson, as Court Docket Number 03-10. 4. The Premises were purchased by the Plaintiff at the Sheriff's Sale, said sale results being a matter of public record. 5. The Plaintiff acquired title to the Premises on the date of and by virtue of said Sheriffs Sale, and is the real and current entitled owner of said Premises by virtue of a Cumberland County Sheriffs Deed Poll, to be recorded in the Cumberland County Recorder of Deeds' Office at the earliest possible date. 6. The persons in possession of the Premises are believed to be the Defendam(s) in this action and are occupying the Premises without right and without claim to title. 7. The Defendants heroin named were duly served with Notices of the Sheriffs Sale held on September 3, 2003. 8. Plaiutiffhas demanded possession of the Premises from the Defendant(s) who have refused to deliver up the possession thereof. WHEREFORE, the PlaintifI; Federal National Mortgage Association, respectfully requests entry of judgment for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Attorney for Plaintiff Attorney I.D. No. 53002 ALL THAT CERTAIN lot or tract of land situate in North Newton Township, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a railroad spike in United States Route #11, at the comer of Lot # 1 on a Subdivision Plan of George W. Baker, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Plan Book 35, Page 101; thence by the line of Lot #1 on said subdivision plan, North 28 degrees, 13 minutes 44 seconds West 341.32 feet to an iron pin, at line of lands now or formerly of Alfred L. Wagner; thence by Wagner, North 50 degrees, 7 minutes, 30 seconds East, 185.00 feet, to an iron pin at the corner of Lot No. 3 on the aforesaid plan; thence, by Lot No. 3, South 28 degrees 20 minutes 26 seconds East 373.20 feet to a railroad spike in United States Route 11, thence by said road, South 60 degrees 2 minutes, 50 seconds West, 182.00 feet, to a railroad spike in said road, the place of BEGINNING. BEING KNOWN AS 2225 RITNER HIGHWAY BEING THE SAME PREMISES which Michael A. Niedwick and Diana G. Niedwick, husband and wife, by Indenture bearing date the 1st day of September 1993 A.D. and intended to be forthwith recorded in the Office for the Recording of Deeds, in and for the County of Cumberland, Commonwealth of Pennsylvania, granted and conveyed unto said Mortgagors, in fee. VERIFICATION BARBARA A. FEIN, ESQUIRE, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Affidavit, and that the statements made in the foregoing Civil Action Complaint in Ejectment 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 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: October 22, 2003 THE LAW OFFICES OF BARBARA A. FE1N, P.C. Attorney for Plaintiff Attorney I.D. No. 53002 SHERIFF'S RETURN - REGULAR CASE NO: 2003-05601 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDEP~AL NATIONAL MORTGAGE VS JOHNSON EMORY G ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon JOHNSON EMORY G DEFENDANT at 1233:00 HOURS, at 2225 RITNER HIGHWAY SHIPPENSBURG, PA 17257 EMORY G JOHNSON a true and attested copy of the on the 31st day of October , 2003 by handing to COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ~, ~ day of ~ ~ A.D. ' ! Prothonotary~ So Answers: R. Thomas Kline 11/03/2003 BARBARA FEIN THE LAW OFFICES OF BARBARA A. FEIN, Barbara A. Fein, Esquire / I.D. No. Kristen J- DiPaolo, Esquire / I.D. 425 Commerce Drive, suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE. ASSOCIATION, Plaintiff, EHORY G. JOHNSON AND CATHERINE M. JOHNSON and OCCUPANTS OF 2225 Ritner Highway Shippensburg, PA 17257, Defendants. PRAECIPE TO SETTLE, P.O. 53002 No. 79992 COURT OF COMMON PLEAS CUMBERLAND cOUNTY NO. 03-05601 DISCONTINUE, AND END TO THE PROTHONOTARY: Kin,~tly mark the above referenced matter settled, disconti!med and ended without prejudice to Plaintiff. THE LAW OFFICES BY: OF BARBARA A. FEIN, Attorney I.D. No. 79992 Dated: December 1, 2003 SHERIFF'S RETURN - CASE NO: 2003-05601 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDER3~L NATIONAL MORTGAGE VS JOHNSON EMORY G ET AL REGULAR GERALD WORTHINGTON , Cumberland County,Pennsylvania, says, the within COMPLAINT - EJECTMENT JOHNSON CATHERINE M DEFENDANT , at 1233:00 HOURS, at 2225 RITNER HIGHWAY SHIPPENSBURG, PA 17257 EMORY G JOHNSON, HUSBAND a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 31st day of October , 2003 by handing to - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this L~ day of A.D. rothonotary So Answers: R. Thomas Kline 11/03/2003 BARBARA FEIN