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Home My WebLink About04-0540IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, VS. PlaintifL CRAIG A. WERT, Defendant. CIVIL DIVISION No.: -- gqi TYPE OF PLEADING CIVIL ACTION-COMPLAINT IN EJECTMENT TO DEFENDANT FILED ON BEHALF OF PLAINTIFF: You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 AND THE DEFENDANT IS: 101 Water Street East Pennsboro, PA 17t)25 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS East Pennsboro Townshil> (CITY., BORO, TOWNSHIP) 2 (WARD) ATTOIR.~Y FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, CIVIL DIVISION NO.: VS. CRAIG A. WERT, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 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 A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH iNFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, CIVIL DIVISION NO.: ON- VS. CRAIG A. WERT, Defendant. CIVIL ACTION - COMPLAINT IN EIECTMENT Chase Manhattan Mortgage Corporation, by its attor~xeys, Grenen & Birsic, P.C., files this Complaint in Ejectment, as follows: 1. Plaintiff is a lending institution duly authorized to conduct business in the Colmnonwealth of Pennsylvania with a place of business located at 3415 Vision Drive, Columbus, OH 43219. 2. The Defendant, Craig A. Wert is an individual whose last known address is 10l Water Street, East Pennsboro, PA 17025. 3. On or about December 10, 2003, the real property and improvements thereon commonly known as 101 Water Street, East Pennsboro, PA 17025 (hereinafter "Premises") were sold to Plaintiff pursuant to the Sheriffs Sale in Cumberland County. A true and correct copy of the legal description of said property is marked as Exhibit "A", attached hereto and made a part hereof. 4. At the time of the Sheriff Sale, Defendant was occupying the Premises. 5. Plaintiff, by virtue of said Sheriff's Sale, is the owner of the Premises and therefore right to immediate possession and title to the Premises is in Plaintiff and not in Defendant. 6. On January 13, 2004, counsel for Plaintiff sent written notice to the Defendant to vacate the Premises on or before January 28, 2004. A true and correct copy of said Notices are marked Exhibit "B", attached hereto and made a part hereof. 7. Defendant is unjustly and unlawfully occupying, using and enjoying the Premises without right and to the detriment of Plaintiff. WHEREFORE, Plaintiff delnands judgment against Defendant for possession of the Premises known as 101 Water Street, East Pennsboro, PA 17025, together with such other relief as this Honorable Cot~rt may deem necessary. GRENEN & BIRSIC, P.C. BY: Kristine M. Anthou, Esquire PA ID. #77991 Attorneys for Plaintiff Nine West, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 EXHIBIT A ALL that certain piece or parcel of land with improvements thereon erected in the Township of East Pennsboro, Cumberland County, Pennsylvania, being described in accordance with a survey made by Gerrit J. Betz, R.S. dated November 20, 1983, as follows, to wit: BEGINNING at a point of the Southwestern corner of Water Street and at a 16 foot wide alley; thence along said alley South 25 degrees East, 55.65 feet to a pin; thence along another 16 foot alley South 65 degrees West, 72.33 feet to a pin; thence along lands now or formerly of Kenneth E. Bitting North 24 degrees 46 minutes West, 101.44 feet to a hub; thence along said Water Street South 82 degrees 31 minutes East, 82.25 feet to a hub, the point and place of beginning. UNDER and SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEiNG the same premises which Craig A. Wert and Julie R. Fisher, by Deed dated April l, 1994 and recorded in the Office of the Recorder of Deeds of Cumberland County on April 8, 1994, in Deed Book Volume 103, Page 778, granted and conveyed unto Craig A. Wert. EXHIBIT B GRENEN & BIRSIC~ P.C. ATTORNEYS AT LAW ONE GATEWAY CENTER NINE WEST PITTSBURGH, PA 15222 (412) 281-7650 FAX (412) 281-7657 EMAIL KANTHOU ~GREN EN BIR SIC.COM January 13, 2004 VIA CERTIFIED MAIL, RETURN RECEIPT REOUESTED AND FIRST CLASS MAIL. POSTAGE PREPAID Craig A. Weft or Current Occupant 101 Water Street East Pennsboro, PA 17025 RE: NOTICE TO VACATE Dear Mr, Wert or Cra-rent Occupant: As you may be aware, this firm represents Chase Manhattan Mortgage Corporation in connection with the above-captioned matter. As you may also be aware, Chase purchased the property at a sale conducted by the Sheriff of Cumberland County on December 10, 2003. Accordingly, Chase is now the record title owner of the property. Our client has recently informed me that you remain on this property. The purpose of this letter is to notify you that you must vacate the premises on or before fifteen (15) days from the date of this letter. If you fail to vacate the premises on or before that date, Chase will institute formal legal action to have you removed from the premises. I trust that such will not be necessary. If you have any questions, please feel free to contact me. Very truly yours, Kristine M. Anthou U.S. POSTAL SERVICE CERTIFICATE OF MAILING "-""nGre,en & BirsJc, EC. ~~ Onu ~tuw~y Ce.for. Nine ~ VI~R~ICATION The undersigned, and duly authorized repres~'nlativ¢ of Plaintiff, d~poses and says subject to the penalties of 18 Pa, C.S.A. §4904 relatiu$ to unswom falsification to authorities that the facts set forth in the foregoing Complaint in Ejectment are true and correct to his information and belief. SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-00540 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS WERT CRAIG S R. Thomas Kline according to law, says, that he the within named DEFENDANT WERT CRAIG A unable to locate Him in his bailiwick. COMPLAINT - EJECTMENT Sheriff , who being duly sworn made a diligent search and inquiry for , to wit: but was He therefore returns the the within named DEFENDANT , WERT CRAIG A NOT SERVED , as to 101 WATER STREET ENOLA, PA 17025 SERVICE WAS ATTEMPTED 13 TIMES. DEPUTIES WERE SURE THAT THERE WAS SOMEONE HOME MOST OF THOSE TIMES, BUT NO ONE WOULD ANSWER DOOR. Sheriff's Costs: Docketing 18.00 Service 31.05 Affidavit .00 Surcharge 10.00 .00 59.05 So answers -L~ J~-~ /~J~ R. Thomas Kline Sheriff of Cumberland County GRENEN & BIRSIC 03/08/2004 Sworn and subscribed to before me this ~ day of~ Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff; CRAIG A. WERT, Defendant. CIVIL ACTION NO.:04-540 ISSUE NO.: TYPE OF PLEADING: PRAECIPE TO SETTLE AND DISCONTINUE ORDER OF COURT CODE- FILED ON BEHALF OF: Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou Pa. I.D. # 77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, CRAIG A. WERT, Defendant. NO.: 04-540 PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY OF CUMBERLAND COUNTY SIR: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. Attorney for Plaintiff Sworn to and subscribed before me this~day of ~ tt 0-, ~-'~ , 2004, Notary Public COMMONWEALTH OF PENNSYLVANIA