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HomeMy WebLinkAbout10-0438 Phelan, Hallinan & Schmieg, LLP , Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 .? `; C? 2010 J t?l Michelle M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq. Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 t1 r ? " Jenine R. Davey, Esq., Id. No. 87077 i . r u, t• ;; r. Lauren R. Tabas, Esq., Id. No. 93337 r ya' 2 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliskos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtensy R. Dunn, Esq., Id. No.206779 Andrew C. Bramblett, Esq., I.D. 208375 One Penn Center A Suburban Station Attorney for Plaintiff Suite 1400 Philadelphia, PA 19103 (215) 563-7000-7000 Citimortgage, Inc., s/b/m To ABN Amro Mortgage Group, Inc. Court of Common Pleas 5280 Corporate Drive, MS1011 Frederick, MD 21703 Civil Division Cumberland County V. No. / Q \ Matthew A. Prazenica _ 7? Or Occupants 702 Highland Avenue Mount Holly Springs, PA 17065 CIVIL ACTION - EJECTMENT *'Ms firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property." 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 (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 and 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 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 about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (888)-990-9108 PHS #: 226944 ` ` °?' f7U y e? 40 l9og d2.? -Z3LS'Oj 1. Plaintiff is Citimortgage, Inc., s/b/m To ABN Amro Mortgage Group, Inc.. 2. Defendant is Matthew A. Prazenica Or Occupants. 3. Plaintiff is the record owner of premises located at 702 Highland Avenue, Mount Holly Springs, PA 17065 , a legal description of which is attached. 4. Plaintiff became the owner of said premises as a result of the foreclosure and judicial sale by the Sheriff of Cumberland County, on December 9, 2009, as evidenced by the Sheriff s deed recorded January 8, 2010 in the Office of the Recorder of Cumberland County in instrument # 201000754. 5. Plaintiff, by virtue of the above, is the record owner of said premises, and is entitled to possession thereof. The defendant is occupying the said premises without right and so far as the plaintiff is informed, without claim of title. 6. Plaintiff has demanded possession of the said premises from the said defendant who has refused to deliver up possession of same. n WHEREFORE, plaintiff seeks to recover possession of said pKelan, Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. mano, Esq. Id. No. 58745 Sheet o. Shah-Jani, Esq., Id. No. 81760 Je ' e R. Davey, Esq., Id. No. 87077 .orauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq. Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff ALL THOSE TWO LOTS OR PARCELS OF LAND situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being Lots Nos. 33 and 34 in a Plan of Lots known as 'Mt. View Addition', the same being of record in the office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 86, and more particularly described as follows: Tract No. 1 BEGINNING at a point on the East side of Highland Ave., said point being the boundary line of Lots 34 and 35 and approximately 150 feet Northerly along said Highland Ave., from the Northeast point of intersection of Highland Ave. and Mt. View Drive; thence Easterly along the line of Lots 34 and 35, One Hundred Fifty Feet to a point; thence Northerly along the line of Lots 34 and 74 to a point on Woodland Ave., a distance of approximately 50 feet; thence Westerly along the South line of Woodland Ave., approximately One Hundred Fifty feet to a point at the intersection of Woodland Ave. and Highland Ave.; thence in a Southerly direction with Highland Ave, approximately 100 feet to the place of BEGINNING. HAVING thereon erected a 6 room brick house with bath and attached garage. AND BEING the same premises which Kenneth W. Hess and Leah E. Hess, his Wife, by Deed dated September 22, 1953 and recorded September 22, 1953, in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book 'J', Volume 15, Page 399, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. Tract No. 2 ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Eastern side of Highland Avenue, which point is a corner of Lot No. 34 on the hereinafter mentioned Plan of Lots; thence in an Eastwardly direction along the line of Lot No. 34, a distance of 150 feet to a point in line of Lot No. 74; thence in a Southerly direction along part of Lot No. 74, a distance of 50 feet to a point in line of land of Lot No. 36; thence in a Westwardly direction along the line of Lot No. 36, a distance of 150 feet to a point in the Eastern side of said Highland Avenue; thence in a northwardly direction along the Eastern side of said Highland Avenue, a distance of 50 feet to a point, the place of BEGINNING. BEING all of Lot No. 35 on that certain Plan of Lots laid out and adopted by M.L. Gulden, said Plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 3, page 86, said Plan of Lots being known as 'Mountain View Addition'. AND BEING the same premises which Ira C. Gleim and Lou E. Gleim, his wife, by Deed dated May 27, 1954 and recorded in the office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book 'U', Volume 15, Page 69, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. Premises 702 Highland Avenue v VERIFICATION I hereby state that I am the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the property on behalf of the Plaintiff by bidding on the property at the sheriff s sale. I am making this verification rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property at sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Da e SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ALED-&FICA ')F PROTHaNIOTARY 2010 FEB -8 All 11: 59 Edward L Schorpp Solicitor Citimortgage Inc vs. Matthew A Prazenica Case Number 2010-438 SHERIFF'S RETURN OF SERVICE 02/03/2010 02:14 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2010 at 1414 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Matthew A. Prazenica, by making known unto himself personally, at Midway Skating Rink, 1561 Holly Pike, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/03/2010 02:14 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 702 Highland Avenue, Mount Holly Springs, PA 17065, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Occupant. Matthew A. Prazenica, current owner is the only occupant at 702 Highland Avenue, Mount Holly Springs, PA 17065. SHERIFF COST: $61.60 February 04, 2010 SO A RS, g??NY'R ANDERSON, SHERIFF By Depu S eriff . -Our yjutu ;yner't. Tel,^.USon inc Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~,~ti~titr of ~'mt~br~~~b ~~ ~~,.~; - ~.~ Off €c~ C ~ '~I~ $ti~RIFF 210 f~t;3 J' _S ~"Cj !~• .1" ~4?: ., r i , r ! ~il~~ t~ ~r.J Citimortgage Inc vs. Matthew A Prazenica Case Number 2010-438 SHERIFF'S RETURN OF SERVICE 04/26/2010 07:39 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on April 29, 2010 at 1518 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: Occupants, of 702 Highland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. The only resident of 702 Highland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065 is defendant Matthew A. Prazenica. 04/29/2010 03:22 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 29, 2010 at 1518 hours, she served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Matthew Prazenica, by making known unto Matthew Prazenica, at 2396 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SO ANSWERS, v~ """` May 04, 2010 RON R ANDERSON, SH FF t __ Michel a Guts , Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY F~~ ~r - ,._~_ ~,~ i ~-- r ~~ - - r`e`v' ti, ~cj Coun'ySuite Shenft. Teleoso8, Inc.