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HomeMy WebLinkAbout11-5847THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire <-) Identification No. 88209 Park Building Attorneys for Plaintiff rn Co 355 Fifth Avenue, Suite 400 zm Pittsburgh, PA 15222 Phone: (412) 232-0808 r--z: Fax: (412)232-0773 D o CITIZENS BANK OF PENNSYLVANIA 10561 Telegraph Road Glen Allen, VA 23059 Plaintiff, 0 D? COURT OF COMMON PLEAS CUMBERLAND COUNTY V. CARL J. STASYSZYN AND/OR ANY AND ALL CURRENT OCCUPANT(S) 12 Tunbridge Lane Carlisle, PA 17015 Defendants. NO.: (. SV7 0-tvi( NOTICE TO DEFEND cc r- tv cn rn c:> z .n? r7l ?a 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 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 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 (16 car 14 7 9 flk+aeaas? THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC LAUREN BERSCHLER KARL, ESQUIRE Identification No. 88209 Park Building 355 Fifth Avenue, Suite 400 Attorneys for Plaintiff Pittsburgh, PA 15222 412-232-0808 Fax 412-232-0773 ------------------------------------------------------------ CITIZENS BANK OF PENNSYLVANIA 10561 Telegraph Road Glen Allen, VA 23059 Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CARL J. STASYSZYN AND/OR ANY AND ALL CURRENT OCCUPANT(S) 12 Tunbridge Lane Carlisle, PA 17015 Defendants. ----------------------------------------------------- CIVIL ACTION IN EJECTMENT Plaintiff, Citizens Bank of Pennsylvania, by its attorneys, The Law Offices of Lauren Berschler Karl, files the within Complaint in Ejectment and in support thereof represents as follows: Plaintiff, Citizens Bank of Pennsylvania ("Citizens") is a state charted bank regi to conduct business in Pennsylvania with a place of business at 1 Tripps Lane, Riverside, RI 02915. 2. Defendants, Carl J. Stasyszyn and/or Any and All Current Occupant(s), are individuals or entities who may have possession of, or reside at 12 Tunbridge Lane, Carlisle, PA 17015. 3. The subject premises in this action in ejectment is known as 12 Tunbridge Lane, Carlisle, PA 17015, (the "Subject Premises"). The full legal description of the Subject Premises is attached hereto, incorporated herein by reference, and labeled as Exhibit "A." 4. On October 5, 2010, Citizens entered judgment in Mortgage Foreclosure in the case of Citizens Bank of Pennsylvania v. Carl J Stasyszyn in the Court of Common Pleas of Cumberland County, Docket No. 2010-5048. Subsequent to that judgment being entered, on December 8, 2010, Citizens filed its Writ of Execution scheduling the Property for Sheriff's Sale. Citizens became the equitable owner of the subject premises by virtue of the Cumberland County Sheriff's Sale which was conducted on June 1, 2011. 7. On June 24, 2011, the Deed which conveyed legal title to Citizens Bank of Pennsylvania was recorded in the Cumberland County Recorder of Deeds Office in Instrument No. 201117748. A true and correct copy of the Deed is attached hereto as Exhibit "B." 8. Citizens, as legal owner of the subject premises, is entitled to possession thereof. 9. Upon information and belief, the Defendants, Carl J. Stasyszyn and/or Any and All Current Occupant(s) are presently occupying the subject premises without the right to do so and without claim of title. WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, respectfully requests that a judgment for possession of the premises identified fully herein and known as 12 Tunbridge Lane, Carlisle, PA 17015, be entered in its favor and against the named Defendants, Carl J. Stasyszyn and/or Any and All Current Occupant(s), plus an award of the attorneys fees and costs incurred in this action in ejectment and such other relief deemed appropriate by this Honorable Court. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC BY: LJuren Bersc ler Karl, Esquire Attorneys for laintiff, Date: July 21, 2011 Citizens Bank of Pennsylvania VERIFICATION I, 0JV r I 10 Q( , being duly sworn according to law, depos( and say that I am an authorized representative for Citizens Bank of Pennsylvania and that the facts set forth in Citizens' Complaint in Ejectment are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. CITIZENS BANK OF PENNSYLVANIA By: Date: `-7//3 j / EXHIBIT "A" EXHIBIT "A" ALL THAT CERTAIN lot or parcel of ground situate in South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described in accordance with Revised Final Plan-Phase 1 Greenfield Residential Development prepared b) Melham Associates, P.C. dated August 4, 1989, last revised December 17, 1990 and recorded in Cumberland County Plan Book 62, Page 8, as follows, to wit: BEGINNING at a point on the northern right-of-way line of Tunbridge Lane (24.00 feet wide), said point being on the dividing line between Lot No. 103 and Lot No. 104 on the above- referenced plan; thence continuing along the said right-of-way line by a curve to the left having radius of 112.00 feet, the chord bearing of which is North 84 degrees 37 minutes 26 seconds West, an arc distance of 29.92 feet to a point; thence continuing along same South 87 degrees 43 minutes 24 seconds West a distance of 6.23 feet to a point on the dividing line between Lot No. 104 and Lot No. 105 on the above-referenced plan; thence continuing along same North 02 degrees 10 minutes 40 seconds East a distance of 107.77 feet to a point on line of lands now or formerly of Forest Meadow Associates; thence continuing along same South 89 degrees 12 minutes 06 seconds East a distance of 36.01 feet to a point on the dividing line between Lot No. 103 and Lot No. 104 on the above referenced-plan; thence continuing along same South 02 degrees 10 minutes 40 seconds West a distance of 109.82 feet to a point on the northern right-of- way line of Tunbridge Lane, the point and place of BEGINNING. BEING Lot No. 104 as shown on the above-referenced plan. UNDER AND SUBJECT to Declaration of Covenants, Conditions and Restrictions Applicable to Building Lots in "Greenfield" Phase One, Section 2 dated December 24, 1990 and record in Cumberland County Miscellaneous Book 391, page 1034, as amended in Miscellaneous Book 435, page 1147. ALSO UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the premises would reveal. BEING COMMONLY KNOWN AS: 12 Tunbridge Lane, Carlisle, PA 17015 PARCEL NO. 40-24-0748-036 EXHIBIT `B" Know all Men by these Presents 042AZ1 Tax Parcel No. 40-24-0748-036 That 1, 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 Citizens Bank of Pennsylvania Writ No. 2010-5048 Civil Term Citizens Bank of Pennsylvania Vs Carl Stasyszyn ALL THAT CERTAIN lot or parcel of ground situate in South Middleton Township. Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described in accordance with Revised Final Plan-Phase 1 Greenfield Residential Development prepared by Metham Associates, P.C. dated August 4. 1989, last revised December 17, 1990 and recorded in Cumberland County Plan Book 52, Page 8, as follows. to wit: BEGINNNG at a point on the northern right-of-way line of Tunbridge Lane (24.00 feet wide), said point being on the dividing line between Lot No. 103 and Lot No. 104 on the above-referenced plan; thence continuing along the said right-of-way line by a curve to the left having a radius of 112.00 feet, the chord bearing of which is North 84 degrees 37 minutes 26 seconds West, an arc distance of 29.92 feet to a point; thence continuing along same South 87 degrees 43 minutes 24 seconds West a distance of 6.23 feet to a point on the dividing line between Lot No. 104 and Lot No. 105 on the above-referenced plan; thence continuing along same North 02 degrees 10 minutes 40 seconds East a distance of 107.77 feet to point on line of lands now or formerly of Forest Meadow Associates; thence continuing along same South 89 degrees 12 minutes 06 seconds East a distance of 36.01 feet to a point on the dividing line benveen Lot No. 103 and Lot No. 104 on the above referenced-plan; thence continuing along same South 02 degrees 10 minutes 40 seconds West a distance of 109.82 feet to a point on the northern right-of-way line of Tunbridge Lane, the point and place of BEGMNNG. BEING Lot No. 104 as shown on the above-referenced plan. UNDER AND SUBJECT to Declaration of Covenants, Conditions and Restrictions Applicable to Building Lots in "Greenfield" Phase One, Section 2 dated December 24, 1990 and record in Cumberland County Miscellaneous Book 391, page 1034, as amended in Miscellaneous Book 435, page 1147, ALSO UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the premises would reveal. BEING the same premises which Greenfield Court Limited Partnership, a Pennsylvania limited liability partnership, record owner and Marbain, Inc., a Pennsylvania business corporation. equitable owner, by Deed date March 11, 1993, and recorded with the Cumberland County Recorder of Deeds on March 12. 1993, in Book E36, page 205, granted and conveyed unto Carl J. Stasyszyn. BEING COMMONLY KNOWN AS: 12 Tunbridge Lane, Carlisle, PA 17015 PARCEL NO. 40-24-0748-036 The same having been sold by me to the said grantee on the 1st day of June Anno Domini Two Thousand and Eleven (2011) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 8th of December An-no Domini 2010 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Ten (2010) Number 5048 at the suit of Citizens Sank of Pennsylvania -vs- Carl Stasyszyn V. In Witness Whereof, I have hereunto affixed my sib ature this 6 t h day of ? u n o Anno Domini Two Thousand and Eleven (2011) konny-R. Anderson, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland 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 6th day of June Anno Domini Two Thousand and Eleven (2011) to Prothonotary,¢?,? , iro I hereby certify that the residence And Post Office address of the Within Grantee is 10 Tripps Lane Riverside, RI 02911-5 Richard W. Stewart Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201117748 Recorded On 6/24/2011 At 9:32:14 AM x Instrument Type - DEED-SHERIFF'S Invoice Number - 88897 User ID - ES x Grantor - STASYSZYN, CARL * Grantee - CITIZENS BANK OF PENNSYLVANIA t Customer - SHERIFF * 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 SOUTH MIDDLETON SCHOOL $0.00 DISTRICT SOUTH MIDDLETON TOWNSHIP $0.00 TOTAL PAID $63.00 x 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 g coped S' o Q D EDS RECORDER O tr.?o * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1012,621 o?uW SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Citizens Bank of Pennsylvania vs. Carl J. Stasyszyn f(Wz-8 PM r3 MN S Y L';'I', Case Number 2011-5847 SHERIFF'S RETURN OF SERVICE 08/02/2011 06:35 PM Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 2, 2011 at 1835 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Betty Jumper current occupant of 12 Tunbridge Lane, Carlisle, Pennsylvania 17015 by making known unto Carl J. Stasyszyn, adult in charge at 12 Tunbridge Lane, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. -,,? V.Jab? GERALD WORTHINGT , DEPUTY 08/02/2011 06:35 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 2, 2011 at 1835 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Carl J. Stasyszyn, by making known unto himself personally, at 12 Tunbridge Lane, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. GERALD WORTHING , DEPUTY SHERIFF COST: $50.00 August 03, 2011 SO ANSWERS, 6? RON R ANDERSON, SHERIFF