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Home My WebLink About11-1288IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Fannie Mae Plaintiff, vs. Ryan S. Benson, Tina L. Benson, and Unknown Occupants Defendants. CIVIL DIVISION ?-, Q c -: _ 19,600 11 rn M - =;0 0:1 -a i-n cn? t co TYPE OF PLEADING S IT c-) CIVIL ACTION-COMPLAINT p IN EJECTMENT x -! - TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTORNEY FOR PLAINTIPF- I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 14221 Dallas Parkway, Suite 1000 Dallas, TX 75254 AND THE DEFENDANTS IS: 41 Mill Street Molly Springs?PA,17 5 /' ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Borough of Mount Holly SDrines (CITY, BORO, TOWNSHIP) (WARD) -/? • ?-fit c..?.???GL,? ATTORNEY FOR PLAINTIFF FILED ON BEHALF OF PLAINTIFF: Fannie Mae COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9th Floor Pittsburgh, PA 15222 (412) 281-7650 9 G4 -j co ?A alE+? e a5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Fannie Mae Plaintiff, CIVIL DIVISION NO.. VS. Ryan S. Benson, Tina L. Benson, and Unknown Occupants 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 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Fannie Mae Plaintiff, NO.. VS. Ryan S. Benson, Tina L. Benson, and Unknown Occupants Defendants. CIVIL ACTION - COMPLAINT IN EJECTMENT Fannie Mae, by its attorneys, Grenen & Birsic, P.C., 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 14221 Dallas Parkway, Suite 1000, Dallas, TX 75254. The Defendants, Ryan S. Benson, Tina L. Benson, and Unknown Occupants are individuals whose last known address is 41 Mill Street, Mt. Holly Springs, PA 17065. 3. On or about December 8, 2010, the real property and improvements thereon commonly known as 41 Mill Street, Mt. Holly Springs, PA 17065 (hereinafter "Premises") were sold to Plaintiff pursuant to the Sheriffs Sale in Cumberland County. A true and correct copy of the Cumberland County Sheriff's deed dated January 7, 2011 and recorded in the Recorder office of Cumberland County, Pennsylvania at Instrument Number 201103310 which contains the legal description of the Premises 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 December 14, 2010, counsel for Plaintiff sent written notice to the Defendants to vacate the Premises on or before December 24, 2010. 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 41 Mill Street, Mt. Holly Springs, PA 17065, together with such other relief as this Honorable Court may deem necessary. GRENEN & BIRSIC, P.C. BY: Kristine M. Anthou, Esquire PA ID. #77991 Attorneys for Plaintiff 9`h Floor, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 33 « e.. Tax Parcel No. 23-31-2187-008 Know all Men by these Presents 11111111111111 That I, Ronny R. Anderson, 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 Fannie Mae Writ No. 2010-3443 Civil Term Farmers and Merchants Trust Company of Chambersburg Vs Ryan S. Benson Tina L. Benson ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and limited to as follows: BEGINNING at a railroad iron on the western side of the public road leading fi-om Mt. Holly Springs to Boiling Springs and known as Mill Street, which railroad iron is on the Northern right of way line of the Reading Railroad; thence by the Western side of said public road, North 39 % degrees 00 minutes 00 seconds East, One Hundred Three and Fifty hundredths (103.50) feet to a point; thence by land now or fonnerly of Charles Kollas and wife, North 50 %2 degrees 00 minutes 00 seconds West, One Hundred Fifty (150) feet to a point; thence by same, South 39 %2 degrees 00 minutes 00 seconds West, Two Hundred Thirty (230) feet to an iron pin the Northern right of way line of Reading Railroad; thence by said right of way line in an Easterly direction, One hundred Ninety- five (195) feet to the place of BEGINNING. BEING the premises which Robin L. Glessner, Administratrix of the Estate of Tim Eugene Glessner by Deed dated June 21, 2002 and recorded in the Office of the Recorder of Deeds of Cumberland County on June 28, 2002 in Deed Book Volume 252, Page 1665, granted and conveyed unto Ryan S. Benson and Tina L. Benson, husband and wife, as Tenants by the Entireties. The same having been sold by me to the said grantee on the 8th day of December Anno Domini Two Thousand and Ten (2010) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 22nd of July Anno Domini 2010 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Ten (2010) Number 3443 at the suit of Farmers and Merchants Trust Company of Chambersburg -vs- Ryan S. Benson And Tina L. Benson In Witness Whereof, I have hereunto affixed my signature this Anno Domini Two Thousand and Eleven (2011) Commonwealth of Pennsylvania, ss. County of Cumberland 7th dayof January Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, 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 7 th day of January Anno Domini Two Thousand and Eleven (2011) yy ? ?t ,L 'C?j '/? Prot onot:ary "Ono" , Qw%k FA I hereby certify that the residence And Post Office address of the Within Grantee is 14221 Dallas Parkway Suite 1000 Dallas, TX 75254 Richard W. Stewart Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201103310 Recorded On 1/27/2011 At 8:44:46 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 81145 User ED - MSW * Grantor - BENSON, RYAN S * Grantee - FANNIE MAE * Customer - GRENEN & BIRSIC * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 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 CARLISLE AREA SCHOOL $0.00 DISTRICT MT. HOLLY SPRINGS $0.00 BOROUGH TOTAL PAID $63.00 * 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 D ?D S 01 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. niuiNi0024ii4 ?uh NOTICE TO VACATE PROPERTY TO: Tina L. Benson Or current resident 41 Mill Street Mount Holly Springs, PA 17065 NOTICE IS HEREBY GIVEN THAT Fannie Mae ("FNMA"), or its predecessor in interest, purchased the property located at 41 Mill Street, Mount Holly Springs, PA 17065 (the "Premises") at a foreclosure sale held in accordance with Pennsylvania Rules of Civil Procedure 3129.1 et seq. and pursuant to the power of sale contained in a mortgage recorded on November 30, 2005 at Book 1932, Page 2755 in the Official Records of Cumberland County, and that title to the Premises is duly perfected in FNMA. NOTICE IS FURTHER GIVEN THAT: Within ten (10) days after service on you of this Notice, if you are the Mortgagor(s) of the Mortgage described above, or any person who is not a legitimate tenant or subtenant; or, 4. Within ninety (90) days after service on you of this Notice, in the event you are a bona fide tenant or a subtenant of the Mortgagor(s) of the Mortgage described above, or a bona fide tenant or a subtenant of a successor in interest to said Mortgagor(s): You are required to vacate and surrender possession of the Premises, or the portion in which you reside, to FNMA through Joseph Fidler, Esquire of Grenen & Birsic, PC, its attorneys, who can be reached at 412-281-7650 from 8:00 a.m. to 5:00 p.m., on all business days, unless you provide evidence to the undersigned law firm that you are a bona fide tenant pursuant to Section 702(a)(2)(A) of the federal "Protecting Tenants at Foreclosure Act of 2009" ("PTFA") or are protected by Section 703 of the PTFA. Please see Page 2 Addendum of this Notice for instructions on how to deliver this evidence. If within the applicable period as set forth above, EITHER if you fail to surrender possession OR if you fail to provide evidence you are a bona fide tenant pursuant to Section 702(a)(2)(A) of the PTFA or are protected by Section 703 of the PTFA, FNMA will commence eviction proceedings against you to recover possession of the Premises and for damages caused by your unlawful detention of the Premises. For contact information, please see attached Page 2 Addendum. This Notice is given pursuant to the provisions of the PTFA. Dated: t l ` GRENEN & SIC, PC for Fannie Mae PAGE 2 ADDENDUM TENANT INFORMATION IF YOU ARE A TENANT of the prior owner, you must provide the following documents: • A copy of your lease • A return phone number and the time best to reach you • The receipt for the last six (6) payments made to the landlord for the residence By mail, fax, or in person to: Joseph A. Fidler, Esquire Grenen & Birsic, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 412-281-7650 ?i NOTICE TO VACATE PROPERTY TO: Ryan S. Benson or current resident 41 Mill Street Mount Holly Springs, PA 17065 NOTICE IS HEREBY GIVEN THAT Fannie Mae ("FNMA"), or its predecessor in interest, purchased the property located at 41 Mill Street, Mount Holly Springs, PA 17065 (the "Premises") at a foreclosure sale held in accordance with Pennsylvania Rules of Civil Procedure 3129.1 et seq. and pursuant to the power of sale contained in a mortgage recorded on November 30, 2005 at Book 1932, Page 2755 in the Official Records of Cumberland County, and that title to the Premises is duly perfected in FNMA. NOTICE IS FURTHER GIVEN THAT: 1. Within ten (10) days after service on you of this Notice, if you are the Mortgagor(s) of the Mortgage described above, or any person who is not a legitimate tenant or subtenant; or, Within ninety (90) days after service on you of this Notice, in the event you are a bona fide tenant or a subtenant of the Mortgagor(s) of the Mortgage described above, or a bona fide tenant or a subtenant of a successor in interest to said Mortgagor(s): You are required to vacate and surrender possession of the Premises, or the portion in which you reside, to FNMA through Joseph Fidler, Esquire of Grenen & Birsic, PC, its attorneys, who can be reached at 412-281-7650 from 8:00 a.m. to 5:00 p.m., on all business days, unless you provide evidence to the undersigned law firm that you are a bona fide tenant pursuant to Section 702(a)(2)(A) of the federal "Protecting Tenants at Foreclosure Act of 2009" ("PTFA") or are protected by Section 703 of the PTFA. Please see Page 2 Addendum of this Notice for instructions on how to deliver this evidence. If within the applicable period as set forth above, EITHER if you fail to surrender possession OR if you fail to provide evidence you are a bona fide tenant pursuant to Section 702(a)(2)(A) of the PTFA or are protected by Section 703 of the PTFA, FNMA will commence eviction proceedings against you to recover possession of the Premises and for damages caused by your unlawful detention of the Premises. For contact information, please see attached Page 2 Addendum. Phis Notice is given pursuant to the provisions of the PTFA. Dated: /?Z L GRENEN &AIRS1C, P a err for Fannie Mae PAGE 2 ADDENDUM TENANT INFORMATION IF YOU ARE A TENANT of the prior owner, you must provide the following documents: • A copy of your lease • A return phone number and the time best to reach you • The receipt for the last six (6) payments made to the landlord for the residence By mail, fax, or in person to: Joseph A. Fidler, Esquire Grenen & Birsic, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 412-281-7650 ¦ Complete items 1, 2, and 3. Also complete" item 4 N Restricted DOWery hs desired. Ill Print your nqrne ai5d address on the reversel . so that we can return the card to you. ¦ Attach this card to the back of the mailpiecef or on the front N space permits.- 1. Article Addressed to: r0: MRyan S. Benson Or current resident 41 Mill Street Mount Holly Springs, PA 17065 a signawre . i D Agent x l ?s4Addrossee ? B. Received fbyPrinted Name) C:. Date of Delivery D. Is delivery eddrees dift rs born item 1? c3 yes If YEB, enter delivery address below,, lb(3 Cei/1Nd Msp M Exprss~ Ma p pagomw D Paw RocW for.Merotrend" O Insured Mali 13 C.O.D. 4. RaattlOted DetlverYt (Extra Fe1111 0 Yes ` 2. Article Number 71110 1060 0000 1139 6685 (Swmw from aavice PS Form 3811, February 2004 Domestic Retum Recell)t , -*1s4o t UNITED STATES POSTAL • Sender: Please PM ( 1 --- - • -- - GRENEN 8 BIRsfc ONE GATEWAY CENTER NINE WEST PITTSBURGH. PA 18222 I10111111101f IIII1Is I0 0 11111111110 11111 10 11)111111 /0 0 0U1I111' low WWV%1--.91M ¦ Complete Items 1, 2, and 3. Also complete 'A. Sout-A item 4 It Restricted Delivery Is desired. . .? S tA s L) Add - 1 ¦ Print your name and address on the reverse " -A 6 4 re see -- so that we can retum the card to you. r Attach this card to the back of the mailPIeCe,- 8. gecokvd by f Printed Nw" C. Date of or on the front N space permits. rs m C] Y es ntfio Item t7 dereddeesdlfle . =y t. Article Addressed to nter delkwy address below. YtNo TO: Tina L. Benson z Or current resident 41 Mill Street Mount Holly Springs, PA 17065 3• Syrice lYPe! CerY M Me# a Ewm Mail , C] Registered Cf Retum Receipt for Mwahandles ? Insured Mail C} C.O.D. 4. ResoictW DeMwry! Mkba F* C3 Yea i 2. Article Number 7 010 1060 0000 1139 6692 (nanshr hom aervke rebeA Ps Form 3811, February 2004 Domestlo Retum Receipt 102506-024A-IMO UNITED STATES POSTAL S Z w "s 17 CEC • Sender: Please , address;I s bax GRENEN & BIRSIC CENTER PITi'SBURGH,rPA 15NINEWEST i,,rlLfrLr,irlr?f?tr?fri„rILI,L?L1„rirllhrr??rli,i?,il VERIFICATION I, Kristine M. Anthou, Esquire, attorney for Fannie Mae, verify that due to the unavailability of a representative of Fannie Mae, I am authorized to execute this verification on Fannie Mae's behalf. I further verify that the facts set forth in Plaintiffs Complaint in Ejectment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 2-01 kristine M. Anthou, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY FiLE--t-r'IFFICE Ronny RAnderson E{r';; )!.j iAY Sheriff Jody S Smith F u" 9? 9: no i Chief Deputy Richard W Stewart E?'." N° 'S, Y ! Vt..°{A Solicitor Fannie Mae I Case Number vs. 2011-1288 Ryan S. Benson (et al.) SHERIFF'S RETURN OF SERVICE 02/08/2011 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: Tina L. Benson, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Tina L. Benson. Request for service at 41 Mill Street, Mount Holly Springs, Pennsylvania 17065 is vacant. Tina L. Benson currently resides at 423 Chestnut Street, Mount Holly Springs, Pennsylvania 17065. 02/08/2011 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: Ryan S. Benson, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Ejectment as not found as to the defendant Ryan S Benson. Request for service at 41 Mill Street, Mount Holly Springs, Pennsylvania 17065 is vacant. Ryan S. Benson currently resides at 503 N. Walnut Street, Mount Holly Springs, Pennsylvania 17065. 02/08/2011 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 41 Mill Street, Mount Holly Springs, Pennsylvania 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. Request for service at 41 Mill Street, Mount Holly Springs, Pennsylvania 17065 is vacant. SHERIFF COST: $81.30 February 08, 2011 :t0 ANSWERS, d RON R ANDERSON, SHERIFF David -D. Buelr Prothonotary Office of the Prothonotary Cum6er[andfCounty, Pennsylvania ORDER OF TERMINATION OF COURT CASES ?�yrkS. Sohonage, ESQ, Solicitor CIVIL TERM AND NOW THIS 28T" DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT,. DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • Phone 717 240-6195 • rTao 717 240-6573