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Home My WebLink About03-5611LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN, ESQUIRE ATTORNEY I.D. #55669 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, PA 18966 (215) 942~9690 Attorney for Plaintiff WELLS FARGO BANK MINNESOTA NATIONAL ASSOCIATION 360 HAMILTON AVENUE 5TM FLOOR WHITE PLAINS, NY 10601 Plaintiff VS. COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. - c .ll C%;(. COMPLAINT IN EJECTMENT CLARENCE H. HEINLY AND OCCUPANTS 11 THOMAS DRIVE MECHANICSBURG, PA 17055 Defendant(s) COMPLAINT - CIVIL ACTION 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 defense 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 NOTICE TO YOUR LAWYER AT ONCE. I~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F/ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN, ESQUIRE ATTORNEY I.D. #55669 1310 Industrial Boulevard lst Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff WELLS FARGO BANK MINNESOTA NATIONAL ASSOCIATION 360 HAMILTON AVENUE 5TM FLOOR WHITE PLAINS, NY 10601 Plaintiff VS, COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY COMPLAINT IN EJECTMENT CLARENCE H. HEINLY AND OCCUPANTS 11 THOMAS DRIVE MECHANICSBURG, PA 17055 Defendant(s) COMPLAINT 1. Plaintiff, Wells Fargo Bank Minnesota National Association (hereinafter referred to as "Plaintiff') is a Corporation conducting business under the laws of the Commonwealth of Pennsylvania and brings this actions against Clarence H. Heinly, III, and Occupants (hereinafter referred to as "Defendants"). 2. Defendant(s) is/are individual(s) presently residing and occupying the premises at 11 Thomas Drive, Mechanicsburg, PA 17055 more fully described in the legal description as Exhibit "A". 3. Plaintiff is the owner of the aforesaid premises, which real estate is fully described in Exhibit "A". 4. Plaintiffis the owner of the premises where defendant(s) reside, having completed a SheriffSale on said premises on September 3, 2003. 5. Defendant(s) have no valid legal fight to possession and title to the premises. 6. Plaintiffclaims the right to possession of the premises to the exclusion of the Defendants. WHEREFORE, Plaintiff, respectfully requests that this Court enter judgment for Possession against Defendants, Clarence H. Heinly, and Occupants, with respect to the aforesaid premises at 11 Thomas Drive, Mechanicsburg, PA 17055. Dated: October 17, 2003 ~mmitman~ No. IN1221 EXH IT A ;tSLTH~TC~RTAIN tract of land situate in the Towns~il~-.~f Silver -- Spring, County of Ctmtbarland and S~ate of Pe~v~a~bounde~ described as follows, ~ ~t: - BEGINNING at a pos~ at corner of land now or-formerly ~f the ~ros~ _ . Estate, which post is,three hundred twenty-four (32~} Eat aouthwa~dly from the right-of-way iine of the Pennsylvania Railroad Com~anyt t~lence along the line of said land of the ~Yosa Estate, SO~th 23 degre~s~eat, -- two ~nd%'ed three (205) feet to % post; thence along ~h~ line of s&me, South 53 clegreee, 45 minutes West, one hundred ~hir~y-five and ei~-~t tenths {135.8) feet ~o an iroa' pln~ thenc=.alon~ ~he l~ne of land How '- or fo~-mer~y· of John I. ~nck si~d Barbara J. Enck, hie w~i~e; for~terl~ · Warren T. ~ouse and Grace T. Gouse, his wife, North ~l-degrees 10~ minutes West, one hundred eighty-two {1~2) feet to l~n ~r_on gini' thence along land of sam~, and also along land n6w or form'~rlF-of Clyde ~ Geese and Ethel Z. ~ouse, his wife, North 38 de~re~ ~minUtes EaSt, three hundred eighteen (318) feet to an iron pin; then~ along ~in~of land nmw or formerly of John Z. ~k and Barbara J: Eno-k, his south 51 degrees I0 minutes East, One hundred sixty-one.(161) feet~to a post, the place, of beginning. - - CONTAININ~ 1.4 acres, neat measured', and improved b~ ~two-story s~mi- bungalow dwelling house and other outbuildings, k~ow~ as 11 ThOMas_ Drive, Mechanicaburg,'Pennsylvania, 170~5 ..... n FURTHER grantin~ and ~onveying unto the Grantee, hi~ heirs and assigns, the right of ingress axed egress and regress over a~ upon the land or road wh/ch extends along the northern line of the above-described ~ property, as reserved_in the Deed of Warren T. Go~s~ aff~Grace'T~. ~ou~e to John I. Enck and Barbara J. Enck, his wife. ~ 5 BEIN~THE SAME lot of ground which by Deed dated December 4, 1951 ~d recolded among the Land Records of Cumberland County, ~mmonwealth-'of Pezunsylvania in Record Book K35, Page 1038 was g~a~ted_~nd con~eye~ by Martin T. Eheely and Teresa A. 8heely unto the Borrowe~ herein, sa~d property being in fee simple. ~ I Certify this to be r e C 0 In Cumberland County l ecorder :)t' THE LAW O~¢es o£ GREGORY JAVARD1AN September 18, 2003 Clarence H. Heinly, III and Occupants 11 Thomas Drive Mechaincsburg, PA 17055 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, PA 18966 Phone: (215) 942-9690 Fax: (215) 942-9695 RE: 11 Thomas Drive Mechanicsburg, PA 17055 TO WHOM IT MAY CONCERN: Please be advised that this office represents Wells Fargo Bank Minnesota, N.A. who was the purchaser of the above referenced premises at the mortgage foreclosure sheriffsale on September 3, 2003. Kindly vacate the premises within thirty (30) days of the date of this letter. If you fail to vacate the premises, my client has instructed me to take all legal action necessary to recover possession. GJ/jpk SHERIFF'S RETURN - CASE NO: 2003-05611 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND WELLS FARGO B/~NK MINESSOTA NA VS HEINLY CLARENCE H ET AL R. Thomas Kline duly sworn according to law, says, that he made a inquiry for the within named DEFENDANT HEINLY CLARENCE H unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being diligent search and but was He therefore returns the COMPLAINT - EJECTMENT , the within named DEFENDANT , HEINLY CLARENCE H 11 THOMAS DRIVE MECHANICSBURG, PA 17055 11 THOMAS DRIVE MECHA/qICSBURG IS VACANT. NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 6.90 Not Found 5.00 Surcharge 10.00 .00 39.90 So answers / R. Thomas/~line Sheriff of Cumberland County GREGORY JAVARDIAN 11/04/2003 Sworn and subscribed to before me day of ~ ,~0~ A.D. otary LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN, ESQUIRE Identification No. 55669 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff WELLS FARGO BANK MINNESOTA NATIONAL ASSOCIATION Plaintiff VS. CLARENCE H. HEINLY Defendant COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 03-5611 Civil Term PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly DISMISS the Complaint emered against delbndant without Prejudice in the above captioned case. Date: November 17, 2003