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HomeMy WebLinkAbout08-6828TED S. BALDWIN and NANCY A. BALDWIN, Husband and Wife, Plaintiffs V. TAMI L. HARE DRAKE and ALL OTHER OCCUPANTS 513 Spring Run Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 68 •t?8.28 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de a notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Code por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reciamada en la demands o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Code sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE DUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS CUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS DUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: JI)ietrzak@,ReggerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams cr,ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs TED S. BALDWIN and NANCY A. BALDWIN, Husband and Wife, Plaintiffs V. TAMI L. HARE DRAKE and ALL OTHER OCCUPANTS 513 Spring Run Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : NO. 0 9- G f ,2y COMPLAINT 1. Plaintiffs, Ted S. Baldwin and Nancy A. Baldwin, husband and wife, (hereinafter "Plaintiffs") are adult individuals with an address of C/O NTB Real Estate Associates, 3809C Paxton Street, Suite C, Harrisburg, Pennsylvania 17111. 2. Defendant, Tami L. Hare Drake (hereinafter "Defendant") is an adult individual currently residing at 513 Spring Run Drive, Mechanicsburg, Pennsylvania 17055. 3. Plaintiffs purchased the real property located at 513 Spring Run Drive, Mechanicsburg, Pennsylvania 17055 (hereinafter the "Property") at a Sheriff's foreclosure sale on October 1, 2008, and are the owners of the Property. The Property is more specifically described as tax parcel number 42-28-2421-263, and as Lot No. 32 in the plan for Spring Run Acres, recorded in the Cumberland County Recorder's Office Plan Book No. 15, page number 14. The Property is more fully described in the legal description contained in the Sheriff's deed dated October 28, 2008 and recorded with the Cumberland County Recorder of Deeds on November 7, 2008, at instrument no. 200836514. A true and correct copy of the October 28, 2008 Sheriff's Deed is attached hereto and incorporated herein, as Exhibit "A". 4. Defendant is the previous owner of the Property and continues to reside unlawfully at the Property as of the date of the filing of this Complaint in Ejectment. 5. It is believed and therefore averred that Defendant's children may also be occupying the Property. 6. The Abstract of the title on which Plaintiffs rely is as follows: Owners, April 8, 1999 to November 23,1999: Phyllis M. Hare, as her interest appears and Tami L. Hare Drake as Trustee for her minor Children, Adrian C. Drake, Shalee O. Drake and Lakota S. Drake, conveyed by Phyllis M. Hare, widow of Floyd N. Hare, by Deed dated April 8, 1999, and recorded in Cumberland County Deed Book 197, page 583. Owners, November 23, 1999 to October 1, 2008: Roger L. Drake and Tami L. Hare Drake, conveyed by Phyllis M. Hare, as her interest appears and Tami L. Hare Drake as Trustee for her minor Children, Adrian C. Drake, Shalee O. Drake and Lakota S. Drake, by Deed dated November 23, 1999, and recorded in Cumberland County Deed Book 214, page 1047. Owners, October 1, 2008 to Present: Ted S. Baldwin and Nancy A. Baldwin, conveyed by R. Thomas Kline, Sheriff of Cumberland County, by Sheriff's Deed dated October 28, 2008, and recorded in Cumberland County Deed Book on November 7, 2008 at Instrument No. 200836514. COUNT ONE - EJECTMENT Plaintiffs incorporate the averments of paragraphs 1-6 as if fully set forth herein. 2 8. On October 1, 2008, Plaintiffs notified Defendant by writing that Defendant was to vacate the Property immediately, but gave her the option to rent the property for a period of 30 days in exchange for $1,500.00 as reasonable rent. A true and correct copy of Plaintiffs' October 1, 2008 letter is attached hereto as Exhibit "B". 9. Defendant has failed and/or refused to vacate the Property and has failed and/or refused to pay $1,500.00 rent per month as demanded. 10. Plaintiffs claim title and right of possession of the Property, and are entitled to immediate possession of the Property. 11. Defendant and all other occupants, have unjustly and unlawfully detained possession of the Property from the Plaintiffs without right and claim of title. WHEREFORE, Plaintiffs, Ted S. Baldwin and Nancy A. Baldwin request this Honorable Court to enter judgment in their favor and against Defendant, Tami L. Drake and all other occupants, for possession of the Property. COUNT II - UNJUST ENRICHMENT 12. Plaintiffs incorporate the averments of paragraphs 1-11 as if fully set forth herein. 13. Plaintiffs notified Defendant that could only remain in possession of the Property for a 30-day period if she paid Plaintiffs a reasonable rent of $1,500.00. 14. Defendant failed and/or refused to pay the reasonable rent of $1,500.00 but has retained unlawful possession of the Property from October 1, 2008 to the present. 15. Plaintiffs have suffered damages in the amount of $1,500.00 as the cost of reasonable rent for the period of October 1, 2008 through October 31, 2008 and an additional $1,500.00 for any portion of each additional 30-day period for which Defendant remains in unlawful possession of the Property. 16. Defendant has been unjustly enriched at Plaintiffs' expense by maintaining unlawful possession of Plaintiff's property without paying reasonable rent of $1,500.00 per month. 17. It would be unjust to allow Defendant to retain the benefit of her unlawful possession of the Property without paying Plaintiffs reasonable rent in the amount of $1,500.00 per month for the same. WHEREFORE, Plaintiffs, Ted S. Baldwin and Nancy A. Baldwin respectfully request this Honorable Court to enter judgment in their favor and against Defendant Tami L. Hare Drake in the amount of $3,000.00, plus an additional $1,500.00 for any portion of each 30-day period for which she maintains unlawful possession of the Property after December 1, 2008, plus interest and costs. Respectfully submitted, REAGER & ADLER, P.C. Date: November 17, 2008 J?Ki H. Pietrzak, Esgtire Attorney I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 Attorneys for Plaintiffs 4 LI E Know all Men by these Presents That 1, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of 11111111111 OOONMP Pennsylvania, for and in consideration of the sum of $128,001.00, (One Hundred Twenty-Eight Thousand and One Dollar), to me in hand paid, do hereby grant and convey to Ted S. and Nancy A. Baldwin Real Estate Sale #41 Writ No. 2002-1892 Civil Term LaSalle Bank National Association as Indenture Trustee Under the Indenture Dated as of 12/0112000, Series 2000-4 VS Roger L. Drake & Tami L. Bare Drake Attorney: Gregory Javardian DESCRIPTION ALL THAT CERTAIN house and lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the eastern line of Spring Run Drive, 50 feet wide, at the corner of land now or late of Spencer Eckels; thence along the eastern line of Spring Run Drive, in a northerly direction by the arc of a circle curving to the right, said circle having a radius of 438.52 feet, an are distance of 108.18 feet to a stake; thence north 84 degrees 32 minutes east, 195.8 feet to a point in the line of land now or late of Mt. Allen Heights Corporation, south 18 degrees 21 minutes east, 70 feet to a point in the line of land now or late of Spencer Eckels; thence along the line of land now or late of Spencer Eckels, south 74 degrees 9 minutes west 208.42 feet to a point in the eastern line of Spring Run Drive, aforesaid, the place of beginning. BEING the larger portion of Lot No. 32 in a certain plan of lots known as Spring Run Acres, which plan is recorded in the Cumberland County Recorder's Office Plan Book No. 15, at page 14. The above description was prepared from a survey made by Robert E. Stiffler, Registered Engineer, on July 29, 1987. BEING known as 513 SPRING RUN DRIVE, MECHANICSBURG, PA 17055. BEING THE SAME PREMISES which Phyllis M. Hare, as her interest appears and Tami L. Hare Drake as Trustee for her minor children, Adrian C. Drake, Shalee O. Drake and Lakota S. Drake, by Deed dated November 23, 1999 and recorded January 18, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 214, Page 1047, granted and conveyed unto Roger L. Drake and Tami L. Hare Drake. PARCEL No. 42-28-2421-263. Tax Parcel No. 42-28-2421-263 Exhibit A The same having been sold by me to the said grantee on the 1st day of October Anno Domini Two Thousand and Eight (2008) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 13th day of February Anno Domini 2008 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Two (2002) Number 1892 at the suit of LaSalle Bank National Association as Indenture Trustee Under the Indenture Dated as of 12/1/2000, Series 2000-4 against Roger L. Drake and Tami L. Hare Drake. In Witness Wereof, I have hereunto affixed my signature this 28th day of October Anno Domini Two Thousand and Eight (2008) It. Thomas Klin , Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 28th day of october Anno Domini Two Thousand and Eight (2008) . Ar •'r? ,c ,.. ' . ray?• ? ??r . . ;K :., •V, ..? ?Yv??... YI i'?: '?? fit. r l? w PROTHONOTARY, WARY PUBLIC CARLISLE MY cOMMIS SI N EXPIRES JJkt VARY 4 201Q COURTHOUSE I hereby certify that the residence And Post Office address of the Within Grantee is 37 Green Ridge Road Mechanicsburg, PA 17050 • Solicitor Oc't. 2. 2008c? :58RI CO"ONWEALTH OF TENNSYLYANIA DIPAVMWT Of REYEWUE WWAU CW W WIDUAL TAM DEPT. 2"W MAMSBUNO, ?A 171254649 REALTY TRANSFER TAX , ; ? L^ 10' L J f is. _r, STATEMENT OF VALUE Complete each section and file in duplicate with Recorder of Deeds when is wkisow consideration or by girt, or (S) a- tax exemption Is dafined. A based on: It1 fass iv r1aHonshko or 12 rubric valY easement. I more for Instruct (1) the" ralwkonsidecaaon is not set forth to the deed, (2) when the dead Statement of lrahse is not squired if the transfer is viholly exempt from tax lx j r? Area Code (71 S! 4' 1 Snot Addran - City State P code Aleli-'?/f/?`ii(? =vi. l?iG:l' %391 /7 0 se) /o() 'i B TRANSFER DATA •t. erne. tbseeseet _?_ Grantor(s) saris) Cumberland Count Sheriff's Office reMnisi Leslie t) ?r 4 ? Meoi A, rew 1 Courthouse Square Sirset rw tare zip Calm Carlisle • PA 17013. ry? 5kats lip de e=-1`l`/1, 0" 31l/C-' 1 /70 ?'V C ' PROPERTY LOCATION 6 , 15 4/1 E IxH111lMON DATA --r- IM Amount Ron of i eraedaae Interest G 2. Check Appropriate box Below for Exemption Claimed ? Will or intestate sumession me. et e.o?r? l aou ? Transfer to Industrial Development' Agency. ' ? Transfer to a trust. (Attach complete ropy of trust agreemant fdantifying all belief claries.) ? Transfer between principal and agent. (Attach coreplele copy of ogeacylstrow party agreement.) ? Tronifers to the Commonwealth, the United States and Instrumentaiitlns by gift, dedimfton, randemnation or in lieu of condemnation. (ff condemnation or in lieu of condemnation, attach copy of resolution.) ? Transfor from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number ? Corrective or confirmatory deed. (Attach complete, copy of the prior deed being corrected or coAnnod.) ? Statutory corporate consolidotton, merger or division. (Attach copy of amides.) ? Other (Please explain exemption claimed, if other than Rood obove.j Under pnaaltiea of taw, I declare tlsei 1 haw examined this Statremoist, kstaluding oecompastyIng infermcwan, anti to the beat all my knewledve and belief, N to free, owroct and temple. Sipeoiots a oempe orr?teI- #*cpons In arty. . to d/{ r FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPL[ BLE DOCUMENTATION MAY RESULT IN THE PECOP.DEE'S REFUSAL TO RECORD THE DIED. D VALUATION DATA 1, sh nd Z, Other Go"Weraloo 3. aw Coni Ron ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200836514 Recorded On 11/7/2008 At 10:58:16 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 31991 User ID - AF *Grantor- DRAKE, ROGER L * Grantee - BALDWIN, TED S * Customer - SHERIFF * FEES STATE TRANSFER TAX $2,150.06 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 MECHANICSBURG SCHOOL $1,075.03 DISTRICT UPPER ALLEN TOWNSHIP $1,075.03 TOTAL PAID $4,349.62 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA f u RECORDER O 7 ` - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. * Total Pages - 5 OOONMP III 1111111111111111111111111111 NTB Real Estate Associates c% 3809 C Pavon Street, Suite C Harrisburg PA 17111 October 1, 2008 Mrs. Tami L. Drake 513 Spring Run Drive Mechanicsburg PA 17055 Dear Mrs. Drake, This will formally advise you that we have as of this date acquired title to the property known as 513 Spring Run Drive, Mechanicsburg PA 17055, where you are currently residing, and that under order of the Sheriff, you are required to vacate immediately. However, for the sum of $1,500 payable immediately, and with an additional refundable deposit of $1,500 payable no later than October 1-0, 2008, we are willing to allow you until October 31, 2008 to vacate the premises, provided you agree to the following further conditions: 1. You will today provide us with keys & garage door openers for the property. 2. You will today sign a rental agreement with us for the period October 1, 2008 through October 31, 2008 3. You will grant us access as we may require during reasonable hours for the purposes of inspections, repairs & maintenance or other requirements as we may deem necessary. 4. By October 10, 2008, you will remove all extraneous & personal items from the house immediately; you may store such items in the garage short term if necessary, but only until October 31, 2008 in the worst case. This includes, personal photos, memorabilia, clothing not in use, papers, documents and materials not stored in drawers or cabinets(except Kitchen & bath cabinets) or in closets if neatly stored, reading materials except properly shelved books: 5. By October 10, 2008, you will thoroughly clean then maintain the home in a clean and neat manner through the remainder of your tenancy. 6. By October 15, you will have removed all debris from the yard and cleaned up, weeded etc., all planting beds. It is our intention to have the property prepared to list by October 15 or before. At that time, we will be placing signage in the yard and lock box on the front door. As a courtesy to you, we will advise you in advance if a real estate agent is to show the home. We will expect you keep the home in showable condition at all times. In the event that the premises is sold prior to October 31, 2008, you are guaranteed to retain occupancy rights until the expiration of the rental period. Your agreement with and to abide by the terms stated in this letter is attested by your signature below. FOR NTB REAL ESTATE ASSOCIATES Ted S. Baldwin Tami L Drake Date Exhibit 13 VERIFICATION I, Ted S. Baldwin, hereby verify that the averments of the foregoing document are true and correct to my personal 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. Date: ?0 B Ted S. aldwin VERIFICATION I, Nancy A. Baldwin, hereby verify that the averments of the foregoing document are true and correct to my personal 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. Date: O Z 7 0 $ By: 3 al?1t „ Nancy A. l3faldwin ICP W ZU Gs z V rz-) TED S. BALDWIN and IN THE COURT OF COMMON PLEAS, NANCY A. BALDWIN, CUMBERLAND COUNTY, PENNSYLVANIA Husband and Wife, Plaintiffs ; V. CIVIL ACTION TAMI L. HARE DRAKE and ALL NO. 08-6828 CT OTHER OCCUPANTS 513 Spring Run Drive Mechanicsburg, PA 17055 ; Defendant CERTIFICATE OF SERVICE. I, John H. Pietrzak, verify that on December 10, 2008, I caused the Notice, which is attached hereto as Exhibit A, to be placed in the United States mail, first class, postage prepaid and addressed to Defendant, Tami L. Hare Drake and All Other Occupants, 513 Spring Run Drive, Mechanicsburg, PA 17055. A copy of the certificate of mailing is attached hereto as Exhibit B. Respectfully submitted, REAGER & ADLER, P.C. a A ??? Jo H. Pietrzak Attorney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorney for Plaintiffs, Ted S. and Nancy A. Baldwin TED S. BALDWIN and NANCY A. BALDWIN, Husband and Wife, Plaintiffs V. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION TAMI L. HARE DRAKE and ALL NO. 08-6828 CT OTHER OCCUPANTS 513 Spring Run Drive Mechanicsburg, PA 17055 Defendant IMPORTANT NOTICE TO: Tami L. Hare Drake and All Other Occupants 513 Spring Run Drive Mechanicsburg, PA 17055 DATE OF NOTICE: December 10, 2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717-249-3166) Respectfully submitted, REA & ADLER P.C. - 7x- 42 Jo H. Pietrzak Attorney I.D. No. 79538 2331 Market Street Exhibit A Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 as F. I / rQc; i a k o ol: + CJ IL Z ?0 NO D LL O O a ? Z ? - w V D:m ?y6\ a m f" N m (Y 0,0 v U wU rr _ O 0 t m C S. l1I (n j mD O0) LL E ° J - Q ~ cir w o a ?S ?i M `o S ?J a- wo Co A 0 0 N R 7 R r O LL rn Exhibit B C 7 ?7 t w-°t SHERIFF'S RETURN - REGULAR ti CASE NO: 2008-06828 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BALDWIN TED S ET AL VS DRAKE TAMI L HARE ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DRAKE TAMI L HARE the DEFENDANT , at 0019:23 HOURS, on the 19th day of November-, 2008 at 513 SPRING RUN DRIVE MECHANICSBURG, PA 17055 by handing to ADRIAN DRAKE ADULT SON OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 .00 38.00 Sworn and Subscibed to before me this day of So Answers: R. 'T'homas K1 ine 11/20/2008 REAGER & ADLER By: Deputy Sherif A.D. /'/ SHERIFF'S RETURN - REGULAR N . CASE NO: 2008-06828 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BALDWIN TED S ET AL VS DRAKE TAMI L HARE ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon OCCUPANT the DEFENDANT at 0019:23 HOURS, on the 19th day of November , 2008 at 513 SPRING RUN DRIVE MECHANICSBURG, PA 17055 ADRIAN DRAKE by handing to LEGAL ADULT RESIDENT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline' .00 16.00 11/20/2008 REAGER & ADLER By day Dep y Sheriff/ A. D. IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA TED S. BALDWIN and NANCY A. BALDWIN : Plaintiffs, No. 08-6828 - Civil Term V. : Civil Action - Law TAMI L. HARE- DRAKE a nd ALL OTHER OCCUPANTS of 513 Spring Run Drive, Mechanicsburg PA 17055 : Defendant DEFENDANT'S ANSWER, NEW MATTER AND NEW MATTER COUNTERCLAIM TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant by and through counsel, Lee E. Oestering, Esquire and in support of this Answer, New Matter and New Matter counterclaim avers as follows in paragraphs corresponding to Plaintiffs' Complaint: 1. Admitted. 2. Admitted. 3. Admitted in part denied in part. It is admitted that the Plaintiffs purchased the property more commonly known as 513 Spring Run Drive Mechanicsburg, PA 17055 at a Sheriffs sale on October 1, 2008. It is denied that lot #32 is part of the property purchased at said sale. By way of further answer, lot 32 is owned by Defendant and her children as tenants in common and is a separate parcel (hereinafter referred to as the "adjoining property") upon which the garage, deck and driveway of 513 Spring Run Drive are encroaching. 4. Admitted in part, denied in part. It is admitted that Defendant was the prior owner of the property located at 513 Spring Run Drive, however, it is denied that she is residing in the property unlawfully. By way of further answer, Defendant relied to her detriment upon representations made by Plaintiffs' that Defendant would be able to remain on the property and that the parties would work towards a reasonable rent that would in part compensate Defendant for the encroachment on the adjoining property. 5. Admitted. 6. Neither admitted or denied. Defendant is without information sufficient to form a belief as to the accuracy of the documents upon which Plaintiffs' purport to rely. Therefore, strict proof is demanded at time of trial. 7. The averment requires no answer. 8. Admitted in part and denied in part. It is admitted that the Plaintiffs' gave defendant notice to vacate, however it is denied that a " reasonable" rental value was offered as the rental value did not reflect the encroachment on Defendant's adjoining property and did not reflect the fair rental value of the property. 9. Admitted. 10. Paragraph 10 contains conclusions of law to which strict proof is demanded at time of trial. 11. Paragraph 11 contains conclusions of law to which strict proof is demanded at time of trial. WHEREFORE, Defendant, Tami Drake, requests that this Honorable Court deny Plaintiffs' request for a judgment of possession. 12. No answer is required. 13. Admitted in part and denied in part. It is admitted that the Plaintiffs' gave defendant notice to vacate, however it is denied that a " reasonable" rental value was offered as the rental value did not reflect the encroachment on Defendant's adjoining property and did not reflect the fair rental value of the property. 14. Denied. It is denied that the $1500.00 rent was reasonable or that Defendant unlawfully retained possession of the property. By way of further answer, Defendant relied to her detriment on representations by Plaintiffs that they would compensate her and negotiate a reasonable settlement of the encroachment on the adjoining parcel owned by Defendant. 15. Denied. It is denied that $1500.00 was "reasonable" rent for the property in that the property is encroaching on Defendant's adjoining land thereby impairing the value of that land. By way of further answer, Defendant relied on representations made by the Plaintiffs' that an arrangement could be made to compensate Defendant for the encroachment. 16. Denied. Defendant denies that she was unjustly enriched, or that her possession is unlawful. 17. Denied. Defendant denies that she is unjustly enriched and by way of further answer avers that she has suffered a reduction in the value of her adjoining land due to the encroachment by Plaintiff s. WHEREFORE, Defendant requests that this Honorable Court deny Plaintiffs' claim for monetary damages. NEW MATTER COUNTERCLAIM COUNT I - DETRIMENTAL RELIANCE 18. Paragraphs 1 through 17 are incorporated herein by reference 19. Defendant owns as a tenant in common the parcel adjoining 513 Spring Run Drive, Mechanicsburg, PA described herein as Lot 32. 20. certain structures on the lot containing 513 Spring Run Drive extend over the boundary line and are situated upon Defendant's property. 21. Said structures create an encroachment upon Defendant's property that impair the usage, value and marketability of the property. 22. Plaintiffs' had indicated by representation to Defendant a desire to work out an arrangement whereby Defendant would be compensated for the encroachment. 23. Defendant relied on these representations and awaited an offer from Plaintiffs' 24. Notwithstanding Defendant's belief that an offer would be forthcoming, Plaintiffs' proceeded to give Defendant and her dependent children a notice to quit and demanded an unreasonable rent with no mention of compensation, offset or purchase of that portion of Defendant's property subject to the encroachment. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in her favor for the reduction in fair market value of her adjoining land as a result of Plaintiffs' encroachment and her reasonable expectation of compensation for said property. Respectfully Submitted, Lee E.' Oe'gg sq`'uir`e,` U #71 ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Answer and New Matter / Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: /Vwc, f ?? , A Defendvint ? ?, { _,.' t "` i , r. . i* J _ _ S? :;, y ?. } e REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak@ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs TED S. BALDWIN and NANCY A. BALDWIN, Husband and Wife, Plaintiffs V. TAMI L. HARE DRAKE and ALL OTHER OCCUPANTS 513 Spring Run Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : NO. 08-6828 PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER COUNTERCLAIM COUNT I - DETRIMENTAL RELIANCE 18. No response necessary. 19. This paragraph contains a legal conclusion to which no response is required. By way of further Answer, Defendant does not have any ownership interest in that portion of Lot 32 that constitutes 513 Spring Run Drive, described as tax parcel number 42-28-2421-263, which is the parcel at issue in Plaintiffs' Complaint. Plaintiffs are sole owners of this Property. Plaintiffs admit that Defendant owns the adjacent lot. 20. This paragraph contains a legal conclusion to which no response is required. By way of further Answer, even if true, the allegations of this paragraph do not provide Defendant F e , ? with an excuse to continue to illegally detain possession of Plaintiffs' Property and the residence contained thereon. 21. This paragraph contains a legal conclusion to which no response is required. By way of further Answer, even if true, the allegations of this paragraph do not provide Defendant with an excuse to continue to illegally detain possession of Plaintiff's Property and the residence contained thereon. 22. Admitted, with clarification. Plaintiffs offered to purchase the lot adjacent to the Property from Defendant. Defendant refused Plaintiffs' offer. Plaintiffs never offered or consented to Defendant maintaining its illegal possession of the Property while the parties discussed Plaintiffs' potential purchase of Defendant's adjacent lot. Plaintiffs have at all times demanded that Defendant surrender possession of the Property. 23. Denied. Defendant refused Plaintiffs' offer. By way of further Answer, Plaintiffs' offer to purchase Defendant's adjacent to in no way constituted acquiescence or consent to Defendant's continued illegal possession of the Property and the residence thereon. 24. Denied. Plaintiffs did make a verbal offer to purchase Defendant's adjacent lot but Defendant refused such offer. The alleged encroachment of Plaintiffs' Property onto Defendant's adjacent lot, even if proven, does not constitute justification for Defendant's continued illegal possession of Plaintiff's Property and the residence thereon. Plaintiffs have made repeated demands for Defendant to vacate Plaintiffs' Property. Defendant has continuously refused to vacate Plaintiffs' Property, despite having no legal claim to said Property. 2 f. WHEREFORE, Plaintiffs, Ted S. Baldwin and Nancy A. Baldwin respectfully request this Honorable Court to enter judgment in their favor and against Defendant Tami L. Hare Drake. Respectfully submitted, REAGER & ADLER, P.C. Date: January 7, 2009 Joh. Pietrzak, Esquirl" Attrney I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 Attorneys for Plaintiffs VERIFICATION I, Nancy A. Baldwin, hereby verify that the averments of the foregoing document are true and correct to my personal 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. Date: 6 By: . -2•- Nancy A. aldwin 6 + VERIFICATION I, Ted S. Baldwin, hereby verify that the averments of the foregoing document are true and correct to my personal 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. Date: a Ted S. Baldwin L 4'. . % CERTIFICATE OF SERVICE AND NOW, this 7 h day of January, 2008, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. Mail, postage prepaid and addressed as follows: Lee Osterling, Esq. Karl Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (U 1,10-A.'JoAll L- E -- - - JO H. PIETRZA , ESQUIRE 4 c^ =41 J t Fes-' REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: JpietrzakkReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: TwilliamskReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs TED S. BALDWIN and NANCY A. BALDWIN, Husband and Wife, Plaintiffs V. TAMI L. HARE DRAKE and ALL OTHER OCCUPANTS 513 Spring Run Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 08-6828 PLAINTIFFS' MOTION FOR JUDGMENT ON THE PLEADINGS PURSUANT TO Pa. R.C.P. 1034 AND NOW COMES Plaintiffs, Ted S. Baldwin and Nancy A. Baldwin, by and through their undersigned counsel, Reager & Adler, P.C., and files the within Motion for Judgment on the Pleadings Pursuant to Pennsylvania Rule of Civil Procedure 1034, and in support thereof avers as follows: 1. Plaintiffs, Ted S. Baldwin and Nancy A. Baldwin ("Plaintiffs") filed a Complaint against Defendant on November 18, 2008. 2. Defendant filed an Answer With New Matter Counterclaim to Plaintiffs' Complaint on December 22, 2008. 3. On January 7, 2009, Plaintiffs filed an Answer to Defendants New Matter Counterclaim. 4. The pleadings between the parties in this matter are now closed. 5. A motion for judgment on the pleadings should be granted only where the pleadings demonstrate that no genuine issue of fact exists, and the moving party is entitled to judgment as a matter of law. Hammerstein v. Lindsay, 655 A.2d 597, 600 (Pa. Super. 1995) (citing Pa.R.C.P. 1034; citing also, Giddings v. Tartler, 130 Pa.Cmwlth. 175, 177, 567 A.2d 766, 767 (1989)). 6. Here, the pleadings of record demonstrate that no genuine issue of fact exists relative to Plaintiffs' legal right of title and possession to 513 Spring Run Drive, Mechanicsburg, PA 17055 (hereinafter the "Property"), and thus, Plaintiffs are entitled to judgment as a matter of law. 7. In their Complaint, Plaintiffs aver that "they purchased the real property located at 513 Spring Run Drive, Mechanicsburg, Pennsylvania 17055 at a Sheriff's foreclosure sale on October 1, 2008, and are the owners of the Property." Plaintiffs further identified the Property as Lot 32 in the Plan for Spring Run Acres. See Plaintiffs' Complaint at ¶ 3. Plaintiffs attached a copy of the Sheriff s Deed granting them title to the Property, as Exhibit A to the Complaint. 8. In its Answer, Defendant admitted that Plaintiffs purchased the Property located at 513 Spring Run Drive, Mechanicsburg, PA 17055. Defendant denied that the parcel that Plaintiffs purchased was identified as Lot 32 and alleged that Lot 32 is an adjacent lot owned by Defendant. See Defendant's Answer at 13. 9. The Sheriff's Deed attached to Plaintiffs' Complaint as Exhibit A states that the Property purchased by the Plaintiffs makes up the larger portion of Lot 32. This makes Plaintiffs' averment in Paragraph 3 of the Complaint and Defendant's denial and further answer 2 . . , in Paragraph 3 of Defendant's Answer consistent with one another. There is no dispute that the parcel purchased by Plaintiffs is solely owned by Plaintiffs and is that parcel at issue in Plaintiffs' action in ejectment. 10. Defendant does not have any ownership interest in that portion of Lot 32 that constitutes 513 Spring Run Drive, described as tax parcel number 42-28-2421-263, which is the parcel at issue in Plaintiffs' Complaint. Plaintiffs are sole owners of this Property. Plaintiffs admit that Defendant owns the adjacent lot. See Plaintiffs' Answer to Defendant's New Matter Counterclaim at $ 19. 11. Despite Defendant's allegation concerning which lot is identified as Lot 32, Defendant has admitted that Plaintiffs purchased the Property that is the subject of the instant ejectment action. See Defendant's Answer at $$ 3 and 4. 12. Plaintiffs aver in their Complaint that Defendant is the "prior owner of the Property". See Plaintiffs' Complaint at $ 4. 13. In its Answer, Defendant admitted this allegation when it stated "It is admitted that Defendant is the prior owner of the property located at 513 Spring Run Drive." See Defendant's Answer at $ 4. 14. Plaintiffs aver in their Complaint that, on October 1, 2008, they gave Defendant written notice to vacate the Property immediately or to pay $1,500.00 rent for one 30-day period, at the end of which Defendant was to vacate. Plaintiffs further averred that Defendant failed and/or refused to vacate the Property and has failed and/or refused to pay $1,500.00 rent as demanded. See Plaintiffs' Complaint at $ 8-9. Plaintiffs attached a copy of the October 1, 2008 written notice as Exhibit B to the Complaint. 3 15. In its Answer, Defendant admitted that Plaintiffs gave Defendant notice to vacate immediately on October 1, 2008. Defendant also admitted that Defendant has failed to vacate the Property and has failed to pay any amount as rent. See Defendant's Answer at ¶¶ 8-9. 16. The elements of an action in ejectment are the Plaintiffs' allegations of their: (1) ownership and right to immediate possession; (2) defendant's wrongful possession; and, (3) the request for relief. See Lachner v. Swanson, 67 Pa. D. & C. 2d. 303, WL 43018 (1974), citing, Lang v. Colonial Pipe Line Company, 266 F. Supp. 552 (1967). 17. Here, the parties admit in their pleadings that: (1) Plaintiffs purchased 513 Spring Run Drive, Mechanicsburg, Pennsylvania 17055 at a Sheriff s Sale and are the owners of that property; (2) Plaintiffs gave Defendant written notice on October 1, 2008 to vacate immediately or to pay $1,500.00 in order to stay in possession for a 30-day period; and, (3) Defendant has failed and/or refused to either vacate the Property or pay any amount of rent. 18. Plaintiffs requested relief in their Complaint in the form of an order granting them possession of the Property. 19. The essential elements of an action in ejectment have been established by the Parties' pleadings. 20. The Defendant did not include any defenses in its Answer or New Matter Counterclaim that would challenge Plaintiffs' ownership or immediate right to possession of the Property. 21. The Defendant did not state as a defense that it has any legal interest in the Property or that it maintains legal title to the Property. 22. The Defendant asserts instead only that it should be allowed to maintain possession of the Property because it did not agree that Plaintiffs' demand of $1,500.00 for a 4 . , . A single 30-day period was "reasonable rent", or because part of Plaintiffs' property allegedly encroaches onto an adjacent parcel owned by defendant. See Defendant's Answer at ¶¶ 4 and 8. 23. Even if accepted as true, Defendant's allegations do not constitute a defense to Plaintiffs' ejectment action. 24. Defendant's New Matter Counterclaim alleges that Plaintiffs' property encroaches upon a portion of an adjacent lot owned by Defendant. See Defendant's New Matter Counterclaim at $T 19-24. 25. By virtue of the allegations contained in its New Matter Counterclaim, Defendant has again admitted that Plaintiffs have sole ownership of the Property at 513 Spring Run Drive that is the subject of Plaintiffs' action in ejectment. 26. Defendant requests only monetary damages in its New Matter Counterclaim. 27. Defendant's New Matter Counterclaim, even if accepted as true for the purposes of this Motion, does not affect Plaintiffs' right to recovery on its action in ejectment. 28. Accordingly, Plaintiffs are entitled to judgment as a matter of law. 29. No Judge has been assigned to this matter or has ruled on any other issue in this matter. WHEREFORE, Plaintiffs Ted A. Baldwin and Nancy L. Baldwin request judgment in its favor and against Defendant Tami L. Drake and All Other Occupants; that judgment on the pleadings, pursuant to Pennsylvania Rule of Civil Procedure 1034, be granted; and that Plaintiffs be granted an Order of Possession of the Property. Respectfully submitted, REAGER & ADLER, PC Dated: January 7, 2009 01A- ArOXI Jo IT. Pietrzak, Es wire A rney I.D. No. 79538 CERTIFICATE OF SERVICE AND NOW, this 7th day of January, 2008, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. Mail, postage prepaid and addressed as follows: Lee Osterling, Esq. Karl Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 d"06,4 katz JO H. PIE AK, E UIRE 6 ? f--:: WA PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) TED S. BALDWIN and NANCY A. BALDWIN, Husband and Wife, Plaintiffs VS. TAMI L. HARE DRAKE-And ALL OTHER:-0CCUPANTS 513 Spring Run Drive No. ()5-6828 Term Mechanicsburg, PA 17055 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs' Motion for Judgment on the Pleadings Pursuant to Pa.R.C.P. 1034 2. Identify all counsel who will argue cases: (a) for plaintiffs: John H. Pietrzak, Esquire, Reager & Adler, P.C. 2331 Market St., Camp Hill, PA 17011 (Name and Address) (b) for defendants: Lee Osterling, Esquire, Karl Rominger & Associates 155 South Hanover St.. Carlisle. PA_ 17013 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Viahriiarg 4, 2008 Signature John H. Pietrzak Print ur name L Att eyfor p a tiff ed S. Baldwin and Date: January 7, 2.009 Nancy A. Baldwin INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR . (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is relisted. y IF ;? ? ? ??; ? -:?? . ?+ ?? --r?s • f? °r:: - ; :^.? :? ?? ,?f i t TED S. BALDWIN and IN THE COURT OF COMMON PLEAS, NANCY A. BALDWIN, CUMBERLAND COUNTY, PENNSYLVANIA Husband and Wife, Plaintiffs ; v CIVIL ACTION TAMI L. HARE DRAKE and ALL NO. 08-6828 OTHER OCCUPANTS 513 Spring Run Drive Mechanicsburg, PA 17055 Defendant ORDER OF POSSESSION AND NOW, this 5' day of 2009, upon consideration of Plaintiffs Motion for Judgment on the Pleadings in the above captioned matter, it is hereby ORDERED that judgment is granted in favor of Plaintiffs Ted A. Baldwin and Nancy L. Baldwin and Plaintiffs are hereby granted an Order of Possession of the Property which is the subject of the above captioned matter. 1 91 :9 WV 9- 933 6002 330iJ 3"u TED S. BALDWIN and NANCY A. BALDWIN, Husband and Wife, Plaintiffs V. TAMI L. HARE DRAKE and ALL OTHER OCCUPANTS 513 Spring Run Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 08-6828 CT PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter a judgment in favor of Plaintiff, Ted S. Baldwin and Nancy A. Baldwin, and against the Defendants, Tami L. Hare Drake and All Other Occupants. In addition to Tami L. Hare Drake, the other Occupants of the property include Adrian C. Drake, Shalee 0. Drake, and/or Lakota S. Drake. A copy of the February 5, 2009 Order from the Judge in this matter is attached hereto. Date: February 12, 2009 Respectfully submitted, REAGER & ADLER, P.C. r _ Jci H. Pietrzak Attorney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorney for Plaintiffs, Ted S. and Nancy A. Baldwin " .! y" C- 0 TED S. BALDWIN and NANCY A. BALDWIN, PENNSYLVANIA Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, V. : CIVIL ACTION TAMI L. HARE DRAKE and ALL NO. 08-6828 OTHER OCCUPANTS 513 Spring Run Drive Mechanicsburg, PA 17055 : Defendant ORDER OF POSSESSION AND NOW, this 5" day of _ F? G„ua , 2009, upon consideration of Plaintiffs Motion for Judgment on the Pleadings in the above captioned matter, it is hereby ORDERED that judgment is granted in favor of Plaintiffs Ted A. Baldwin and Nancy L. Baldwin and Plaintiffs are hereby granted an Order of Possession of the Property which is the subject of the above captioned matter. TAUE COPY FROM RECORtU rn Ted"", ny whww, ! ft" rants rzt f ,,ate. ncr?r1r #f- 7p h5 ? c1 U? 9?? IUV ,1y TED S. BALDWIN and NANCY A. BALDWIN, Husband and Wife, Plaintiffs V. TAMI L. HARE DRAKE and ALL OTHER OCCUPANTS 513 Spring Run Drive Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 08-6828 PRAECIPE FOR WRIT OF POSSESSION TO: The Prothonotary: Issue a Writ of Possession upon the judgment for possession entered in the above matter. A copy of the February 5, 2009 Order granting Plaintiffs possession of the property at issue in this matter is attached hereto. In addition to Tami L. Hare Drake, the other Occupants of the property include Adrian C. Drake, Shalee O. Drake, and/or Lakota S. Drake. 5j3 4ri rV3 (tun Drive, MeChacNicsbur? , PA 1?055 Date: February 16, 2009 J H. Pieta z k, Esquire 31 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiffs t euu??f--yy 3 O'd t?o0_g8 V .? 0 -r? ?a -,? ? mac:, TED S. BALDWIN and NANCY A. BALDWIN, PENNSYLVANIA Husband and Wife, Plaintiffs V. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, CIVIL ACTION TAMI L. HARE DRAKE and ALL NO. 08-6828 OTHER OCCUPANTS 513 Spring Run Drive Mechanicsburg, PA 17055 Defendant ORDER OF POSSESSION AND NOW, this 5` day of Fps , 2009, upon consideration of Plaintiffs Motion for Judgment on the Pleadings in the above captioned matter, it is hereby ORDERED that judgment is granted in favor of Plaintiffs Ted A. Baldwin and Nancy L. Baldwin and Plaintiffs are hereby granted an Order of Possession of the Property which is the subject of the above captioned matter. UE COPY F QOM RE 00,15U yd #0 ?d M Ca" Ca W,4, + a At- L MAN a 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TED S. BALDWIN and NANCY A. BALDWIN, h/w vs. TAMI L. HARE DRAKE and ALL OTHER OCCUPANTS No. 08-6828 Civil Term Costs Attorney's $ 170.50 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) TED S. BALDWIN and NANCY A. BALDWIN, h/w being: (Premises as follows): In addition to TAMI L. HARE DRAKE, the other OCCUPANTS of the property include ADRIAN C. DRAKE, SHALEE O. DRAKE and/or LAKOTA S. DRAKE 513 SPRING RUN DRIVE, MECHANICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. L-- Cigfis R. Long ry Common Pleas Court of C berland County, PA Date 2/17/09 (Seal) .. 2of2 No 08-6828 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TED S. BALDWIN and NANCY A. BALDWIN, h/w vs. TAMI L. HARE DRAKE and ALL OTHER OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 170.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: JOHN H. PIETRZAK, ESQUIRE 2331 MARKET STREET CAMP HILL, PA 17011 717-763-1383 ID # 79538 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this Day of , Sheriff By Prothonotary Deputy 08-(089-8 _ . I caused the within - day of -miles described y x By virtue of this writ, on the to have possession of the pre? namd. 9. Sworn and subscribed to before me this -- Day of wK. Advance Costs $150.00 Sheriff's Return Sheriff's Costs, 50.90 Docketing $ 18.00 $ 99.10 Poundage 1.00 2,00 Prothy 2.00 Service 20.00 Surcharge 03_12_09 $ +0.90 ` 00 Refunded to Attorney 'off 31'? C? aa2*00 I 00 2of2 No 08-6828 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TED S. BALDWIN and NANCY A. BALDWIN, h/w vs. TAMI L. HARE DRAKE and ALL OTHER OCCUPANTS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 170.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: JOHN H. PIETRZAK, ESQUIRE 2331 MARKET STREET CAMP HILL, PA 17011 717-763-1383 ID # 79538 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the named appurtenances, and day of , . I caused the within to have possession of the premises described with the Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy -ak 1of z WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TED S. BALDWIN and NANCY A. BALDWIN, h/w vs. TAMI L. HARE DRAKE and ALL OTHER OCCUPANTS No. 08-6828 Civil Term Costs Attorney's $ 170.50 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) TED S. BALDWIN and NANCY A. BALDWIN, h/w being: (Premises as follows): In addition to TAMI L. HARE DRAKE, the other OCCUPANTS of the property include ADRIAN C. DRAKE, SHALEE O. DRAKE and/or LAKOTA S. DRAKE 513 SPRING RUN DRIVE, MECHANICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. C . Long, miMUy, Common Pleas Court of Cu erland County, PA Date 2/17/09 (Seal)