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Home My WebLink About01-0272IN THE COURT O~II~OMMON PLEAS OF CUMBERLAND CIVIL DIVISION TY, PENNSYLVANIA IMC MORTGAGE COMPANY, Plaintiff, VS. BRIAN G. MCKENZIE, Defendant. NO.: 01-272 CIVIL TERM TO: BRIAN G. MCKENZIE 606 Sandbank Road Mount Holly Springs, PA 17065 DATE OF NOTICE: February 15, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRflq'EN APPEARANCE PERSONALLY OR BY ATI'ORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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: LAWYER REFERRAL SERVICE Court Administrator Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240~6200 By: GRENEN & BIRSIC, P.C. ~ Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Faust, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take DePault Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this~~ dayof ¢,~r~-zcz~7 ,2001. Notary Public Notarial Seal Kath}een L. Michae s, Notary Pablic Pittsburgh, Allegheny County My Commission Expires Jat~. 17, 2005 Member, Penns y~la AssocJation ot Notarie~ SHERIFF'S RETURN CASE NO: 2001-00272 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IMC MORTGAGE COMPANY VS MCKENZIE BRIAN G - REGULAR DAVID MCKINNEY , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 25th day of January , __ by handing to ADULT IN CHARGE OF RESIDENCE EJECTMENT together with says, the within COMPLAINT - EJECTMENT MCKENZIE BRIAN G DEFENDANT at 0020:12 HOURS, on the at 606 SANDBANK ROAD MT HOLLY SPRINGS, PA 17065 MICHAEL GELSINGER (FRIEND) a true and attested copy of COMPLAINT - NOTICE 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.72 Affidavit .00 Surcharge 10.00 .00 31.72 Sworn and Subscribed to before me this /~,~ day of ~ Prothonotary So Answers: R. Thomas Kline 01/26/2001 GRENEN & BIRSIC Deputy Sheriff U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IMC MORTGAGE COMPANY, Plaintiff, VS. BRIAN G. MCKENZIE, Defendant. NO.: 01-272-CIVIL TERM ISSUE NUMBER: TYPE OF PLEADiNG: Praecipe for Writ of Possession CODE- FILED ON BEHALF OF PLAiNTIFF: IMC Mortgage Company COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. #77991 GRENEN & B1RSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY, Plaintiff, CIVIL DIVISION NO.: 01-272-CIVIL TERM VS. BRIAN G. MCKENZIE, Defendant. PRAECIPE FOR WRIT OF POSSESSION TO: PROTHONOTARY Kindly issue a Writ of Possession in the above-captioned matter for the premises known as 606 Sandbank Road located in the township of South Middleton County of Cumberland, Pennsylvania and more particularly described in Plaintiff's Complaint in Ejectment filed in the instant proceeding. BY: GRENEN & BIRSIC, P.C. Kristine M. Faust, Esqmre Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 ~£ IMC Mortgage Company WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Brian G. McKenzie No. 01-272 Civil Term No. Term Costs Att'y. $ Pl'ff (s) $ Prothy. $ 101.22 1.00 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: IMP Mor~gag~ Comr~ny being:(Premises as follows): 606 Sandbank Road Mount Holly Springs, PA 17065 Plaintiff (s) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- nt (s) and sell his/her (or their) interest therein. March 13, 2001 (SEAL) __ Curtis R. Lonq Prothonotary, Common Pleas Court of Cumberland County. Pennsylvania Deputy By virtue of this writ, on the l~¢~l~'~ch da) t~l' April 2001 I caused the within named D,Ic I~ortgage Compan~ have possessio~ of the premises described with ihe ~R'4kn~g~ 606 Sandbank Road Mt. Ho_ [/~L__Spring~,~P_~_170~6~5~ .................... Sheriff's Costs: 33.34 Refund: 116.66 subscribed to before me this Prothono?ry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, VS. BRIAN G. MCKENZIE Defendant. CIVIL DIVISION NO.: 01- ~"l ~ TYPE OF PLEADING CIVIL ACTION. COMPLAINT IN EJECTMENT TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SEJt~CE ATTORN.EY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: o~/~/,~Z~/~ CERTIFICATE OF LOCATION 1 HEREBY CERTIFY THAT THE LOCATION OF T~E REAL F-STATE A~FECrm ~Y THIS LIEN IS (CITY, BORO~ ~) A~EY/FOR FIZ'AINTIFF FILED ON BEHALF OF PLAINTIFF: IMC Mortgage Company COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-5197 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO.: IMC MORTGAGE COMPANY Plaintiff, VS. BRIAN G. MCKENZIE 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 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. Lawyer Referral Service Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintiff, VS. BRIAN G. MCKENZIE Defendant. CIVIL DIVISION NO.: CIVIL ACTION - COMPLAINT IN EIECTMENT IMC Mortgage Company, by its attorneys, Grenen & Birsic, P.C., and files this Complaint in Ejectment, as follows: 1. Plaintiff is a lending institution duly authorized to conduct business in the Commonwealth of Pennsylvania with a place of business located at 4501 Erskine Road, Suite 50, Cincinnati, OH 45242. 2. The Defendant, Brian McKenzie is an individual whose last known address is 606 Sandbank Road, Mount Holly Springs, PA 17065. 3. On or about December 6, 2000, the real property and improvements thereon commonly know as 606 Sandbank Road, Mount Holly Springs, PA 17065 (hereinafter "Premises") were sold to Plaintiff pursuant to the Sheriff's 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 SheriffSale, 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 December 22, 2000, counsel for Plaintiff sent written notice to the Defendant to vacate the Premises on or before January 6, 2001. A true and correct copy of said Notices are marked Exhibit "B", attached hereto and made a part hereof. 7. Defendant is occupying, using and enjoying the Premises without right and to Plaintiffs knowledge without claim of title. 8. Defendant is unjustly and unlawfully obtained possession of the Premises to the detriment of Plaintiff. WHEREFORE, Plaintiffdemands judgment against Defendant for possession of the Premises known as 606 Sandbank Road, Mount Holly Springs, PA 17065, together with such other relief as this Honorable Court may deem necessary. BY: ORENEN & BIRSIC, P.C. Kris~ae M. Faust, Esquire PA ID. #77991 Attorneys for Plaintiff Nine West, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 EXHIBIT A ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, per compass survey of 1955: BEGINNING at a point in the Public Road leading from Mount Holly Springs to Mountain View, said point being approximately 17.5 feet East of the center line extended of a farm land leading Northwardly from said road; thence by land now or formerly of John E. Maurice, et al., and parallel with said farm lane, North 5 degrees West 185 feet, more or less, to an iron pin; thence by the same, South 82 degrees 50 minutes East 100 feet to an iron pin; thence by the same, South 5 degrees East 185 feet, more or less, to a point in the aforesaid road ;thence in said road, North 82 degrees 50 minutes West 100 feet to the place of BEGINNING. THE above described premises has thereon erected a dwelling house known and numbered 606 Sand Bank Road. TRACT #2 ALL that certain triangular tract of land situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the public road leading from Mount Holly Springs to Mountain View; thence by land of Tract #1 herein, North 5 degrees West 190 feet, more or less, to a point; thence by land now or formerly of Robert G. Hair and wife, South 82 degrees 50 minutes East 39.7 feet to an iron pin; thence by land now or formerly of John E. Maurice et ux, South 7 degrees 10 minutes West 187 feet, more or less, to the Place of Beginning. BEING the same promises which Tax Claim Bureau of the County of Cumberland, Pennsylvania, by Deed dated November 24, 1999 and recorded in the Office of the Recorder of Deeds of Cumberland County on December 3, 1999 in Deed Book 212, Page 586, granted and conveyed unto Brian G. McKenzie. 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 grenbirstSmdi.net December 22, 2000 VIA CERTIFIED MAIL, RETURN RECEIPT REOUESTED AND FIRST CLASS MAIL, POSTAGE PREPAID Brian G. McKenzie or Current Occupant 606 Sandbank Road Mount Holly Springs, PA 17065 RE: NOTICE TO VACATE Dear Mr. McKenzie or Current Occupant: As you may be aware, this firm represents IMC Mortgage Company in connection with the above-captioned matter. As you may also be aware, IMC purchased the property at a sale conducted by the Sheriffof Cumberland County on December 6, 2000. Accordingly, IMC 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 fi:om the date of this letter. If you fail to vacate the premises on or before that date, IMC will institute formal legal action to have you removed fi:om the premises. I trust that such will not be necessary. If you have any questions, please feel free to contact me. u.s..OS'rAL SE.v~c~ CERTIFICATE OF MAILING Affix O,q.~ ~3teway Ceeter. Nme we~. - ~ ~ ~' PittsO~r~h P,~ 152~2 PS Form 3817 Mar. 1989 VERIFICATION The undersigned, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint are tree and correct to his information and belief. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IMC MORTGAGE COMPANY Plaintift; VS. BRIAN G. MCKENZIE, Defendant. CIVIL DIVISION NO.: 01-272-CIVIL TERM TYPE OF PLEADING PRAECIPE FOR DEFAULT JUDGMENT (Ejectment) FILED ON BEHALF OF PLAINTIFF: IMC Mortgage Company. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650