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HomeMy WebLinkAbout09-8917•R PARKER McCAY P.A. By: Christine A. Pinto, Esquire Attorney ID# 205622 Three Greentree Centre 7001 Lincoln Drive, P.O. Box 974 Marlton, NJ 08053 (856) 810-5815 Attorney for Plaintiff, Franklin Mortgage Asset Trust 2009-A Franklin Mortgage Asset Trust 2009-A 101 Hudson Street, 250' Floor Jersey City, NJ 07302 Vs. Plaintiff, Robin Ann Mitchell and Darrel Travis Mitchell 711 Benton Street Shippensburg, PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY . Case No.: 9 - 5;91 am` Defendant(s) CIVIL ACTION (REAL PROPERTY) LEASE OR EJECTMENT NOTICE You have been sued in Court. If you wish to defend against the claims set forth on 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 an attorney and filing in writing with the Court, your defense or objects 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 claims or relief requested by the Plaintiff. You may lose money or personal or other rights important to you. If this land is in possession of anyone not a party, you are directed to notes him that he has been added as a defendant and is required to defend this action. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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 Court Administrator Cumberland County Courthouse 4th Floor Carlisle, PA 17013 (717) 240-6200 "ISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaraccion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte 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 reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas 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 ASOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Court Administrator Cumberland County Courthouse 4th Floor Carlisle, PA 17013 (717) 240-6200 ****************************************************************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ****************************************************************************** 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our office. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. . , PARKER McCAY P.A. By: Christine A. Pinto, Esquire Attorney ID# 205622 Three Greentree Centre 7001 Lincoln Drive, P.O. Box 974 Marlton, NJ 08053 (856) 810-5815 Attorney for Plaintiff, Franklin Mortgage Asset Trust 2009-A Franklin Mortgage Asset Trust 2009-A 101 Hudson Street, 25th Floor Jersey City, NJ 07302 Plaintiff, Vs. Robin Ann Mitchell and Darrel Travis Mitchell 711 Benton Street Shippensburg, PA 17257 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY . Case No.: COMPLAINT IN EJECTMENT 1. Plaintiff, Franklin Mortgage Asset Trust 2009-A is a corporation registered to do business in the Commonwealth of Pennsylvania and having its principal office and place of business at 101 Hudson Street, 25 h Floor, Jersey City, NJ 07302. 2. Defendants are Robin Ann Mitchell and Darrel Travis Mitchell. 3. Plaintiff is the equitable owner of the premises located at 711 Benton Street, Shippensburg, PA 17257 ("the Property"). 4. Plaintiff is the record owner of the Property by virtue of a completed sheriff's sale. Sheriff's Deed was recorded on August 6, 2009 as Instrument No. 200927516. A true and correct copy of the recorded Sheriff's Deed is attached hereto and incorporated herein as Exhibit "A" 5. Plaintiff is entitled to immediate possession of the property. 6. The Defendants, Robin Ann Mitchell and Darrel Travis Mitchell are occupying the Property without right, and so far as the Plaintiff is informed, without claim of title. 7. Plaintiff claims the right to immediate possession of the aforesaid premises to the exclusion of the Defendants. WHEREFORE, Plaintiff respectfully requests this Court enter a Judgment for Possession in its favor and against Defendants, Robin Ann Mitchell and Darrel Travis Mitchell for possession of the aforesaid premises. PARZMY P.A. By: Christine A. Pinto, Esquire I.D. #205622 Date: December 10, 2009 VERIFICATION I, Christine A. Pinto, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiffs behalf. I verify that the facts and statements set forth in the forgoing Complaint in Ejectment are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Name: Christine A. Pinto, Esquire Title: Attorney EXHIBIT A ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200927516 Recorded On 8/612009 At 9:22:50 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 49848 User ID - RAK * Grantor - MITCHELL, ROBIN ANN * Grantee - FRANKLIN MORTGAGE ASSET TRUST * Customer - CUMBERLAND CO SHERIFF * FEES STATE TRANSFER TAX $1,389.15 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 SHIPPENSBURG AREA $694.58 SCHOOL DISTRICT SHIPPENSBURG BOROUGH $694.57 TOTAL PAID $2,827.80 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF DEEDS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. WORIP 111111111111111111 Tax Parcel No. 32-33-1871-014 3qqal RC-M Know all Men by these Presents 00OR97 That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar), to me in hand paid, do hereby grant and convey to Franklin Mortgage Asset Trust 2009-A Real Estate Sale No. 59 Writ No. 2009-181 Civil Term Tribeca Lending Corporation VS Robin Ann Mitchell Attorney Marc S. Weisberg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, being Lot Nos. 26 and 27 of Block "I" of Plan of Hallwood Heights as recorded in the Office of the Recorder of Deeds, in and for said County in Plan Book No.5, Page 60. THIS property is conveyed subject to restrictions recited on the recorded plan and subject to an easement to erect and maintain telephone and electric poles and lines and to install water and gas lines on the rear thereof. "SUBJECT to all restrictions of Hallwood Heights, to be used for residential purposes only." TRACT NO. 2: ALL THAT CERTAIN small tract of land situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, being the Westerly ten (10) feet of Lot No. 28 in Block "I" of the Plan of Hallwood Heights as recorded in the Office of the Recorder of Deeds in Plan Book No. 3, said tract bounded and described as follows: BEGINNING at a point in the Southern curbline of Brenton Street at corner of land now or formerly of the Grantor herein (Lot No. 27); thence by Grantor's land, South 43 degrees 45 minutes East, 150 feet to a point at other land now or formerly of Frank E Hollar, Jr.; thence by Hollar Land, North 46 degrees 15 minutes East, 10 feet to corner of land now or formerly of Campbell; thence by Campbell land, North 43 degrees 45 minutes West, 150 feet to a point in the Southern curbline of Brenton Street; thence by the Southern curbline of Brenton Street, South 46 degrees 15 minutes West, 10 feet to the place of beginning. THIS property is conveyed subject to restrictions recited on the recorded plan and subject to an easement to erect and maintain telephone and electric poles and lines and to install water and gas lines on the rear thereof. Being known as: 711 Brenton Street, Shippensburg, Pennsylvania 17257. BEING the same premises which ROBIN ANN MITCHELL AND JAY LIGHTFOOT, COEXECUTORS OF THE LAST WILL AND TESTAMENT OF THELMA L. MARTIN by deed dated September 1, 2006 and recorded September 5, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 276, Page 2463, granted and conveyed to Robin Ann Mitchell in fee. TAX MAP PARCEL NUMBER: 32-33-1871-014 Y The same having been sold by me to the said grantee on the 10th day of June, Anno Domini Two Thousand and Nine (2009) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 24`h of February Anno Domini 2009 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Nine (2009) Number 181 at the suit of Tribeca Lending Corporation -vs- Robin Ann Mitchell. In Witness Wereof, I have hereunto affixed my signature this 30th day of july Anno Domini Two Thousand and Nine (2009) R. Thomas Kline ien 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 .-M day of jury Anno Domini Two Thousand and Nine (2009) athonotary NOTARIAL EAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 I hereby certify that the residence And Post Office address of the Within Grantee is 101 Hudson Street, 25`h Floor Jers , Ci , N 'ohci or t J^J !f ? t ?Fi Y y? 1030 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-O FCC Sheriff ()F THE FF0TH,0,,NJ()TARY ???w?tr o,???rtnLrh{ Jody S Smith r+#2010 JAN _7 PM 2= 42 Chief Deputy Edward L Schorpp CUM, 1?j?, Solicitor r ` } ' ` "? '? PEN'P Franklin Mortgage Asset Trust 2009-A vs. Robin Ann Mitchell Case Number 2009-8917 SHERIFF'S RETURN OF SERVICE 01/05/2010 08:00 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2010 at 2000 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Robin Ann Mitchell, by making known unto Darrel Travis Mitchell, Husband of defendant at 711 Brenton Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/05/2010 08:00 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2010 at 2000 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Darrel Travis Mitchell, by making known unto himself personally, at 711 Brenton Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr personally the said true and correct copy of the same. SHERIFF COST: $62.00 January 06, 2010 SO AN WERS R NY R ANDERSON, SHERIFF By Depu qSerff ci CouniySuite Sheriff, I eleosoft. Inc.