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Home My WebLink About07-7534 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY Plaintiff, vs. CIVIL DIVISION NO. - '7 524 0i' t Term COMPLAINT IN EJECTMENT Code: EJECTMENT Filed on behalf of Plaintiff STEVEN ZINK and/or TENANT/OCCUPANT Defendants. Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 f t I . 4 COMPLAINT IN 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 THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND 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 SHOULD 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY ) NO ',- 7.? -j Plaintiff, ) vs. ) STEVEN ZINK and/or TENANT/OCCUPANT ) Defendants. ) COMPLAINT IN EJECTMENT AND NOW, comes the above-captioned Plaintiff, by and through its counsel, Louis P. Vitti & Associates, P.C. and Louis P. Vitti, Esquire, who files this Complaint in Ejectment as follows: 1. The Plaintiff is a corporation having a principal place of business located at 150 Allegheny Center, Pittsburgh, PA 15212. 2. The Defendant(s) are individuals, sui juris, whose last known address was 124 South 2nd Street, Wormleysburg, PA 17043. 3. On 15th day of July, 2005, the Plaintiff or its predecessor in title lent to Defendant(s) and/or their predecessor(s) in title, the sum of One Hundred Thousand and no/100 ($100,000.00) Dollars, and in consideration thereof, the Defendant(s) and/or their predecessor(s) in title, executed a mortgage which was recorded on 2nd day of August, 2005, in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book Volume 1917, page 0502. 4. The premises secured by the mortgage (hereinafter the Property 11 ) are described in the document that is attached hereto, made a part hereof, and called Exhibit "A". 5. The mortgage provides that, in the event of default, the holder thereof has the rights, inter alia, to take possession of the Property and to foreclose the mortgage. . M • J 6. Since June 1, 2006, the mortgage has been in default by reason of the failure of the mortgagor(s) to make appropriate payments. 7. An action in mortgage foreclosure was instituted in the Court of Common Pleas of Berks County at No. 2006-05802, and ultimately a sheriffs sale of the Property -- at which Plaintiff or its predecessor in title was the successful bidder -- occurred on December 5, 2007. 8. Plaintiff, Deutsche Bank National Trust Company, or its subrogee pursuant to a policy of mortgage insurance under the National Housing Act has the right to immediate possession of the Property. 9. Defendant(s) and/or all other occupants continue to occupy the Property. 10. Any alleged claim of Defendant(s) to possession of the Property is as or through the owner(s)/mortgagor(s) described in Paragraph 3 hereof. WHEREFORE, Plaintiff prays Your Honorable Court enter Judgment in favor of the Plaintiff, Deutsche Bank National Trust Company, for sole possession of the Property and vesting the title of said premises in the Plaintiff. Respectfully submitted, LOUIS P. VITTI & ASSOCIATES, P.C. __. A • By: 6'. 0 ou's . Vitti, Esquire rney for Plaintiff W UNrrED GENERAL T ME INSURANCE COMPANY CONTINUATION SCHEDULE FOR USE WITH COMMITMENT OR POLICIES SCHEDULE A-5 (Continued) Agent's File No.: GAS - 0 6 9 Connnitmmt No.: Policy No.: 63400645 BS9IM1ING at a point on the western line of Second Street on the dividing line between Lots Nos. 75 and 76 on the General Plan of Wormleynburg, said point being also 116 feet measured Northwardly along the Western line of Second Street from the Northwest cornar of Second Street and Market Street] thence in a Westerly direction along said dividing line of 96.9 feet to a point on the lands now or formerly of N.C.R.R. Company, thence along said last mentioned lands South 42 degrees 25 minutes Sant 25.04 feet to a point on the line of lands, now or formerly of William Rishalf thence in an Easterly direction along said last mentioned lands 95.4 feet to Second Street, thence in a northerly direction along the western line of Second Street 25 feet to the point or place of BEGINNING. BEING A PORTION of Lot No. 76 on said General Plan of wormleysburg and having thereon erected a three story front dwelling house known -and number--ad as 124 South Second Street, wormleysburg, Pennsylvania. UNDER AND SUBJECT to easements, rastrictions, rights-of-way, or other conditions of prior record. Parcel Identification Number 47-20-1858-141. BEING the same premises which Barc Properties, a Pennsylvania Partnership, by Dead dated August 8, 1997 and recorded August 13, 1997 in Cumberland County in Deed Book Volume 162 at Page 800, granted and conveyed unto Andrew E. Redmond, single, and Jennifer L. Will, single. EXHIBIT" ' Coo6nution Schedule UGT Form No. 155 (7/31/00) (07MS DWOWSOR"-WD;"4AANAC0N5) VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint in Ejectment are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. % J -b&c o ' P. Vitti Dated: December 13, 2007 00 o Cl) l? ?.... -.e C CA 9 co -< SHERIFF'S RETURN - REGULAR CASE NO: 2007-07534 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS ZINK STEVEN ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon ZINK STEVEN the DEFENDANT , at 1817:00 HOURS, on the 31st day of December-, 2007 at 124 SOUTH SECOND STREET WORMLEYSBURG, PA 17043 STEVEN ZINK by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge !/o* job So Answers: 18.00 30.72 } .58 -.: 10.00 R. Thomas Kline / .00 ?/ 59.30 01/02/2008 LOUIS VITTI Sworn and Subscibed to before me this of By: day Deputy She iff A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07534 P COMMONTWEALTH OF PENNSYLVANIA COUNTY Off' CUM$ERLAND DEUTSCHE BANK NATIONAL TRUST VS ZINK STEVEN ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT the within named DEFENDANT TENANT/OCCUPANT 124 SOUTH SECOND STREET NOT FOUND , as to WORMLEYSBURG, PA 17043 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 bgAr ??r? ? 21.00 So answers: R. Thomas Kline Sheriff of Cumberland County LOUIS VITTI 01/02/2008 Sworn and Subscribed to before me this day of A. D.