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HomeMy WebLinkAbout04-3455IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., Plaintiff, VS. D. ANDREW RALPH and DONNA MAR/E RALPH A/K/A DONNA M. RALPH, Defendants. TO DEFENDANT CIViL DIVISION NO.: C>q - 3qg3' TYPE OF PLEADING CIVIL ACTION-COMPLAINT IN EJECTMENT FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A. You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF Y FOR BLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 75 North Fairway Drive Vernon Hills, IL 60061 AND THE DEFENDANT IS: 17-B Glenwood Drive Camp Hill, PA 17011 P~LAINTIFF 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 Township (CITY, B~ORO, TOWNSHIP) (WARD) ATTOR~q~OR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., Plaintiff, CIVIL DIVISION NO.: VS. D. ANDREW RALPH and DONNA MARIE RALPH A/K/A DONNA M. RALPH, Defendants. 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 plainti~ 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 INTORMATION 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 1-800-9900108 WASHINGTON MUTUAL BANK, F.A., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO.: - Plaintiff, VS. D. ANDREW RALPH and DONNA MARIE RALPH A/K/A DONNA M. RALPH, Defendants. CIVIL ACTION - COMPLAINT IN EJECTMENT Washington Mutual Bank, F.A., by its attorneys, Grenen & Birsic, P.C., files this Complaint in Ejectment, as follows: 1. Plaintiffis a lending institution duly authorized to conduct business in the Commonwealth of Pennsylvania with a place of business located at 75 North Fairway Drive, Vernon Hills, IL, 60061. 2. The Defendants, D. Andrew Ralph and Donna Marie Ralph a/k/a Donna M. Ralph are individuals whose last known address is 17-B Glennwood Drive, Camp Hill, PA, 17011. 3. On or about June 9, 2004, the real property and improvements thereon commonly known as I7-B Glennwood Drive, Camp Hill, PA, 1701I (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 s~C~d property is marked as Exhibit "A", attached hereto and made a part hereof. 4. At the time of the Sheriff Sale, Defendants were 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 Defendants. 6. On June 24, 2004, counsel for Plaintiff sent written notice to the Defendants to vacate the Premises on or before July 9, 2004. A true and correct copy of said Notices are marked Exhibit "B", attached hereto and made a part hereof. 7. Defendants are unjustly and unlawfully occupying, using and enjoying the Premises without right and to the detriment of Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants for possession of the Premises known as 17-B Glennwood Drive, Camp Hill, PA, 17011, together with such other relief as this Honorable Court may deem necessary. BY: GRENEN & BIRSIC, P.C. 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 tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly line of Glenwood Drive (West), which point is 295.06 feet north of the northwesterly comer of Glenwood Drive (West) and Erford Road (West), and at dividing line between Lots 3X and 4, Block "H" on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 63 degrees 30 minutes West, 115 feet to a point; thence along the easterly line of Lots 23X and 23, North 26 degrees 30 minutes East, 37.5 feet to a point at the dividing line between Lots 4 and 4X, Block "H" on said plan; thence along said dividing line, South 63 degrees 30 minutes East and through the center of a partition wall and beyond, 115 feet to a point on the westerly line of Glenwood Drive (West), aforesaid; thence along same, South 26 degrees 30 minutes West, 37.5 feet to a point, thence place of BEGINNING Exhibit "B" GRENEN & BIRSIC, P.C. ATTORNEY~ AT LAW ONE GATEWAY CENTER NINE WEST PITTSBURGH, P~, 15222 (412) 281-7650 FAX (412) 281-7657 EMAIL KANTHOU~,,GRENENBIRSIC.COM June 24, 2004 VIA CERTIFIED MAIL, RETURN RECEIPT REOUESTED ' AND FIRST CLASS MAIL, POSTAGE PREPAID D. Andrew Ralph or Current Occupant 17-B Glenwood Drive Camp Hill, PA 17011 RE: NOTICE TO VACATE Dear Mr. Ralph or Current Occupant: As you may be aware, this finn represents Washington Mutual Bank in connection with the above-captioned matter. As you may also be aware, Washington Mutual purchased the property at a sale conducted by the Sheriff of Cumberland County on June 9, 2004. Accordingly, Washington Mutual 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, Washington Mutual 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 flee to contact me. Very truly yours, Krisfine M. Anthou 7003 3110 0004 4620 D. Isdelive~yaddressdlffemrd Immiteml? [] Yes If YES, enter defivery address below: [] No 3. sa¥1m Type [] Registere(~ ~ Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes GRENEN & BIRSIC, P.C. ATTORNEY~ AT LAW ONE GATEWAY CENTER NINE WEST PITTSBURGH, P/~ 15222 (412) 281-7650 F,~X (412) 281-7657 EMAIL KANTHOU~,GRENENBIRSIC.COM June 24, 2004 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED' AND FIRST CLASS MAIL. POSTAGE PREPAID Donna Marie Ralph or Current Occupant 17-B Glenwood Drive Camp Hill, PA 17011 RE: NOTICE TO VACATE Dear Ms. Ralph or Current Occupant: As you may be aware, this finn represents Washington Mutual Bank in connection with the above-captioned matter. As you may also be aware, Washington Mutual purchased the property at a sale conducted by the Sheriffof Cumberland County on June 9, 2004. Accordingly, Washington Mutual 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, Washington Mutual 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 7003 3110 0004 4620 9893 l~d~a'y~ddre~llf~a~t~lla'~l'~ I'1 yes If YES, enter delivery addme~ b~ow: i'"l No 7003 3110 0004 4620 9893 VERIFICATION The undersigned, Kathleen S. Calhoun, a 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 her information and belief. Kath~2~ou~n~/~/~'/~~ SHERIFF' S RETURN - REGULAR CASE NO: 2004-03455 P COMMON-WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS P~ALPH D ANDREW ET AL CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT - EJECTMENT P~ALPH D ANDREW DEFENDANT , at at 17-B GLENWOOD DRIVE CANP HILL, PA 17011 DONNA M P~ALPH, WIFE a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 1503:00 HOURS, on the llth day of August by handing to and attested copy of COMPLAINT - EJECTMENT the 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 11.10 Affidavit .00 · Surcharge 10.00 R. Thomas Kline .00 39.10 08/12/2004 BIRSIC By: Deputy Sheriff Sworn and Subscribed to before me this 3/~-~ day of , ~-~P ? A.D. /P~othonotary - REGULAR -~ SHERIFF'S RETURN CASE NO: 2004-03455 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS RALPH D ANDREW ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon RALPH DONNA MARIE AKA DONNA M RALPH the DEFENDANT at 1503:00 HOURS, on the llth day of August , 2004 at 17-B GLENWOOD DRIVE CAMP HILL, PA 17011 DONNA M RALPH a true and attested copy of COMPLAINT by handing to EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service ·00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 3~/~ day of  o7~ ~ A.D. thonotary ' So Answers: R. Thomas Kline 08/12/2004 GRENEN & BIRSIC Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., Plaintiff; VS. D. ANDREW RALPH and DONNA MARIE RALPH A/1OA DONNA M. RALPH, Defendants. CIVIL DIVISION NO.: 04-3455 TYPE OF PLEADING PRAEC1PE FOR DEFAULT JUDGMENT (Ejectment) FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BfRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION Plaintiff, NO.: 04-3455 D. ANDREW RALPH m~d DONNA MARIE RALPH A/K/A DONNA M. RALPH, Defendants. PRAEC1PE FOR DEFAULT JUDGMENT IN EJECTMENT TO: PROTHONOTARY SIR/MADAM: Please enter a defanlt jndgment in the ejectment against Defendants, D. Andrew Ralph and Donna Marie Ralph oYk/a Donna M. Ralph for possession of the premises known as 17-B Glenwood Drive, Camp Hill, PA 1701 l. BY: GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTiFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGI~/ENY SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are 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 Default Judgment were mailed in accordance with Pa. R.C.P. 237.l, as evidenced by the attached copies. Sworn to and subscribed before me this IL-~2~day of -~k~t~D,~ ,2004. Notary Public COMMONWEALTH OF PENNSYLVANIA Notadal Seal Paffida A. Townsend, Nd~ary Pub~ Ci~ Of Pittsburgh, Allegheny Coflnty My Commission Expires June 2, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., Plaintiff, VS. D. ANDREW RALPH and DONNA MARIE RALPH A/K/A DONNA M. RALPH, Defendants. ) CIVIL DIVISION ) ) NO.: 04-3455 ) ) ) ) ) ) ) TO: D. Andrew Ralph 17-B Glenwood Drive Camp Hill, PA 17011 DATE OF NOTICE: September 1, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLYOR BYATTORNEYAND 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, 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 ABOUTAGENCIES 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 GRENEN & BIRSIC, P.C. By: FIRST CLASS MAIL, POSTAGE PREPAID Krigt~e M. Anthou, Esquire Pa. I.D. #77991 Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., Plaintiff, VS. D. ANDREW RALPH and DONNA MARIE RALPH A/K/A DONNA M. RALPH, Defendants. ) CIVIL DIVISION ) ) NO.: 04-3455 ) ) ) ) ) ) ) TO: Donna Marie Ralph a/k/a Donna M. Ralph 17~B Glenwood Drive Camp Hill, PA 17011 DATE OF NOTICE: September 1, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BYATTORNEYAND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINSTYOU. UNLESS YOUACT 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, 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 GRENEN & BIRSIC, P.C. By: CLASS MAIL, POSTAGE PREPAID Kfistine M. Anthou, Esquire Pa. I.D. # 77991 Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (41~) 381.7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., Plaintiff, VS. D. ANDREW RALPH and DONNA MARIE RALPH A/K/A DONNA M. RALPH, Defendants. CWIL DIVISION NO.: 04-3455 ISSUE NUMBER: TYPE OF PLEADING: Praecipe for Writ of Possession CODE- FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine A. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION Plaintiff, NO.: 04-3455 VS. D. ANDREW RALPH and DONNA MARIE RALPH A/K/A DONNA M. RALPH, Defendants. PRAECIPE FOR WRIT OF POSSESSION TO: PROTHONOTARY Kindly issue a Writ of Possession in the above-captioned matter for the premises known as 17-B Glenwood Drive, located in the City of Camp Hill, County of Cumberland, Pennsylvania and more particularly described in PlaintiWs Complaint in Ejectment filed in the instant proceeding. BY: GRENEN & BIRSIC, P.C. tho~, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF WASHINGTON MUTUAL BANK, F.A. VS. D. ANDREW RALPH AND DOh~qA MARIE RALPH A/K/A DOB~qA M. RALPH CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3455 CIVIL Term No. Term Costs Att'y, $ 134.60 PI' ff (s) $ Prothy. $ 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: Washinton Mutual Bank, F.A. Plaintiff(s) being: (Premises as follows): 17-B Glenwtxx:l Drive Ca~ Hill, PA 17011 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date September 30, 2004 (SEAL) Curtis R. Long Prothonotary, Common Pleas Cour~ of Cumberland County, Pennsylvania Deputy By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and _ · to Sworn and subscribed to before me this day of Prothonotary So Answers, By Sheriff Deputy o 9 By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and , to WRIT OF POSSESSION RETURNED STAYED THIS Sheriff's Return Docketing 18.00 Surcharge 30.00 Prothon. 1.00 Poundage 1.43 Milage 22.20 DATE AS PER ATTORNEY, PROPERTY VACANT Advance Costs: 150.00 Sheriff's Costs 72.65 77.37 Refunded to Arty on 10/19/~4 Sworn and subscribed to before me this day of (~ e.'~EL,~ l-- Prothonotary WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) 1N THE COURT OF COMMON PLEAS OF WASHINGTON MUTUAL BANK, F.A. vS. D. ANDREW RALPH AND DOB~qA MARIE RALPH A/K/A DOblqA M. RALPH CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3455 CIVIL Term No. Term Costs Att'y. $ 134.60 Pl'ff (s) $ ~ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Ct~berland 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: Washinton Mutual Bank, F.A. being: (Premises as follows): 17-B Glenwood Drive Camp Hill, PA 17011 Plaintiff(s) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date September 30, 2004 (SEAL) C'urt~ R. BonO Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy