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Home My WebLink About11-6838SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson :. Sheriff Jody S Smith Chief Deputy "9 A 8:. Richard W Stewart 03E1''D C 0 U Solicitor r;1 ,? N S Y 1 1?r" t ? .A. Federal National Mortgage Association Case Number vs. 2011-6838 Donald J. Ezbiansky SHERIFF'S RETURN OF SERVICE 09/07/2011 07:47 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 7, 2011 at 1947 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Donald J. Ezbiansky, by making known unto himself personally, at 20 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. GERALD WOR HINGTO PUTY SHERIFF COST: $43.00 September 08, 2011 SO ANSWERS, 22 RON R ANDERSON, SHERIFF P J1 V IHI, a E t r -.'^ n ry F !-I )) f I-. I- F? G', i J 1 i 9 f I 1• v, .' 'f tLEaND CGUN ),. PL NSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire IDENTIFICATION NO.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Federal National Mortgage Association Plaintiff, VS. Donald Ezbiansky a/k/a Donald J. Ezbiansky or Occupants Defendants Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County CIVIL DIVISION No. 11-6838 Civil PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Federal National Mortgage Association, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendant Donald Ezbiansky a/k/a Donald J. Ezbiansky and in support thereof states as follows: 7. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through six (6) of its Complaint in Ejectment as if set forth herein at length. 8. Admitted. By way of further answer, Plaintiff is entitled to seek possession of the property by virtue of its ownership of the property at issue. A copy of the Sheriff's deed is attached hereto, incorporated herein and marked as Exhibit "A". 9. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. To the extent that a response is required, Defendant was aware MOU of the foreclosure action, aware of the sheriff s sale, and aware that he would need to vacate the property well in advance of the completed sheriff s sale. By failing to take the necessary actions, Defendant is now seeking additional time to vacate the property. Strict proof to the contrary is demanded. 10. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. To the extent that a response is required, Defendant has provided no documentation concerning any alleged purchase of property within the next forty-five (45) days that would permit him to vacate the property. Strict proof is demanded. 11. Denied. The averment contained in paragraph eleven (11) is a conclusion of law to which no response is necessary. To the extent that a response is required, Plaintiff is the owner of the property at issue and is entitle to possession at this time. The fact that Defendant failed to make the necessary preparations to vacate the home, well aware of the foreclosure action and scheduled sheriffs sale, is not the fault of the Plaintiff. Strict proof to the contrary is demanded. 12. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. By way of further answer, there is no letter attached as Exhibit "A" to the copy of the Answer and New Matter provided to Plaintiff s Counsel. 13. Denied. The averment contained in paragraph thirteen (13) is a conclusion of law to which no response is necessary. Strict proof is demanded. WHEREFORE, Plaintiff respectfully requests that the Court grant the relief as requested in Plaintiff s Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: October A 2011 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: October 1 ?, 2011 Atto ey Tor Plaintiff 126 ocust Street H 'sbura, PA 17101 5) 563-7000 EXHIBIT A Phelan Hallinan & Schmieg, LLP Case System Page 1 of 1 Phelan Haliinan & Schmiey,•LLP 1617 7FK Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 Phone: 215-563-7000 Fax: 215-568-7616 Case Summary 08/23/2011 PHS #: 225612 File Received: 12/16/2009 Loan #: 8133419 Follow-Up: Status: AS On Hold: Properly: 20 COLGATE DRIVE County: CUMBERLAND CAMP HILL, PA 17011-7627 FC Defendants: EZBIANSKY, DONALD EZBIANSKY,SHERYL Primary Servicer. IBM LENDER BUSINESS PROCESS SERVICES, INC. (1186) 14523 SW MILLIKAN WAY SUITE 200 BEAVERTON, OR 97005 Report To: LPS DEFAULT SOLUTIONS (825) Investor. ***** FNMA ***** (2) Referred By: LPS DESKTOP (52) Mort. Type: CONVENTIONAL Court Term: Complaint Docket 10-432 CIVIL TERM Freddie Mac #: Fannie Mae 1696941017 FHA/VA Seller #: Writ Sale #: Report To #: PMI #: Township: LOWER ALLEN Client Billed: 06/01/2011 Bill Amount: $0.00 Closed: PMI Name: http://icis/CaseSystem/aftersale/afterSaleView jsf 8/23/2011 Know all Men by these Presents YII?11?111 Tax Parcel No. 13-23-0547-538 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 Federal National Mortgage Association Writ No. 2010.432 Civil Term First. Horizon Home Loans, A Division of First Tennessee Bank National Association Vs Donald Ezbiansky a/k/a Donald J. Ezbiansky Sheryl Ezbiansky a/k/a Sherryl L. Ezbiansky ALL the following described real estate situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the northwest comer of Colgate Drive and Citadel Drive; thence westwardly along the northern side of Citadel Drive 15.3 feet to a point, thence continuing westwardly along the northern side of Citadel Drive by an are curving to the left, having a radius of 705 feet, 74.7 feet to a point at the southeast corner of Lot No. 44 on Part of Plan No. 2, Cedar Cliff Manor recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 14; thence northwardly along the eastern line of Lot No. 44 aforesaid, 130.27 feet to a point; thence eastwardly on a line parallel with the dividing line between Lots No. 45 and 46 on Part of Plan No. 2, Cedar Cliff Manor recorded in the Office of the Recorder of Deeds aforesaid in Plan Book 7, Page 14, 104.87 feet to a point at the western side of Colgate Drive; thence southwardly along the western side of Colgate Drive by an arc curving to the left, having a radius of 325 feet, 22.28 feet, more or less, to a point, thence continuing southwardly along the western side of Colgate Drive 92.72 feet to a point, the place of BEGINNING. BEING the southem„part of Lot No. 45 on the Plan of Lots known as "Part of Plan No. 2, "Cedar Cliff Manor" which plan was approved by the Commissioners of Lower Allen Township on January 12, 1955, and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 14. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. TITLE TO SAID PREMISES IS VESTED IN Donald J. Ezbiansky and Sheryl L. Ezbiansky, h/w, by Deed from Claudia B. Hume, single person, dated 09/13/2004, recorded 09/17/2004 in Book 265, Page 1394. PREMISES BEING: 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627 PARCEL NO. 13-23-0547-538 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 2nd of February Anno Domini 2011 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Ten (2010) Number 432 at the suit of First Horizon Home Loans, A Division of First Tennessee Bank National Association -vs- Donald Ezbiansky a/k/a Donald. J. Ezbiansky and Sheryl Ezbiansky a/k/a Sherryl L. Ezbiansky In Witness Whereof, I have hereunto affixed my signature this 18th day of July Anno Domini Two Thousand and Eleven (2011) RoQ 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 18 tb day of July Anno Domini Two Thousand and Eleven (2011) Prothonotary, Cumberland ounty, Carlisiy PA W Commission Expires the FkA Monday of ImL 201+ I hereby certify that the residence And Post Office address of the M i t e t,l r Within Grantee is to U0 • '"•• P.O. Box 650043 •,,? Dallas, TX 75265 ?a,,i?1 `,.!?Y .7 Richard W. Stewart :. x' =x`?•; ..._a^•C ?`? Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201121371 Recorded On 8/2/2011 At 10:03:13 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 90970 User ID - KW * Grantor - EZBIANSKY, DONALD J * Grantee - FEDERALNATIONAL MTG ASSOC * Customer - SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $13.00 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 WEST SHORE SCHOOL $0.00 DISTRICT LOWER ALLEN TOWNSHIP $0.00 TOTAL PAID $63.50 * Total Pages - 6 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 II AD t?ao * - Information denoted by an asterisk may change daring the verification process and may not be reflected on this page. 002C8Z III IIIIIIIIIIINIIIIIIIIIIII PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, ESQUIRE Identification No.: 91656 One Penn Center at Suburban Station 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Federal National Mortgage Association Plaintiff, vs. Donald Ezbiansky a/k/a Donald J. Ezbiansky or Occupants Defendants Attorney for Plaintiff Court of Common Pleas Cumberland County Civil Division No. 11-6838 Civil CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via first class mail to the persons listed below on the date indicated: Michael S. Travis, Esquire 3904 Trindle Road Camp Hill, PA 17011 Occupants 20 Colgate Drive Camp Hill, PA 17011 Date: October 17, 2011 F PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Federal National Mortgage Association P.O. Box 650043 Dallas, TX 75265 VS. Donald Ezbiansky a/k/a Donald J. Ezbiansky Or Occupants 20 Colgate Drive Camp Hill, PA 17011-7627 E"1 a'u'-Cis; It i ,,-11 OCT 27 A ! 1: ra s , ?- N J i LV!'li C I d ik Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 11-6838-CIVIL MOTION FOR SUMMARY JUDGMENT Plaintiff, Federal National Mortgage Association (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, respectfully requests that this Honorable Court enter an Order granting summary judgment in the above-captioned matter as follows: 1. As the successful bidder at the June 1, 2011 Sheriffs Sale, Plaintiff became the owner of the premises located at 20 Colgate Drive, Camp Hill, PA 17011-7627. The Sheriff s Deed to Plaintiff was recorded on August 2, 2011 at Instrument No. 201121371, which is recorded in the Office of the Recorder of Cumberland County. A true and correct copy of the Deed is attached hereto, made part hereof, and marked as Exhibit A. ., 2. Plaintiff notified the occupants to vacate the premises but, to date, they have remained in the property without any right or title. A true and correct copy of Plaintiffs notice to vacate is attached hereto, made part hereof, and marked as Exhibit B. 3. Because the occupants have refused to vacate the property on their own, Plaintiff filed an ejectment action on August 31, 2011. A true and correct copy of the Complaint is attached hereto, made part hereof, and marked as Exhibit C. 4. Defendant filed an Answer with New Matter to the Plaintiff s Complaint, wherein no defense has been raised. A true and correct copy of the Defendant's Answer with New Matter is attached hereto, made part hereof, and marked as Exhibit D. 5. Plaintiff filed its Reply to Defendant's New Matter. A true and correct copy of Plaintiff's Reply to Defendant's New Matter is attached hereto, made part hereof, and marked as Exhibit E. 6. Plaintiff respectfully submits that it has established its right to immediate, exclusive possession of the premises, and there are no material issues of fact in this case for a fact-finder. WHEREFORE, Plaintiff respectfully requests that judgment for possession be entered as prayed for in the Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP EXHIBIT A 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 Federal National Mortgage Association Writ No. 2010-432 Civil Term First Horizon Home Loans, A Division of First Tennessee Bank National Association Vs Donald Ezbiansky a/k/a Donald J. Ezbiansky Sheryl Ezbiansky a/k/a Sherryl L. Ezbiansky ALL the following described real estate situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the northwest corner of Colgate Drive and Citadel Drive; thence westwardly along the northern side of Citadel Drive 15.3 feet to a point; thence continuing westwardly along the northern side of Citadel Drive by an arc curving to the left, having a radius of 705 feet, 74.7 feet to a point at the southeast comer of Lot No. 44 on Part of Plan No. 2, Cedar Cliff Manor recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 14; thence northwardly along the eastern line of Lot No. 44 aforesaid, 130.27 feet to a point; thence eastwardly on a line parallel with the dividing line between Lots No. 45 and 46 on Part of Plan No. 2, Cedar Cliff Manor recorded in the Office of the Recorder of Deeds aforesaid in Plan Book 7, Page 14, 104.87 feet to a point at the western side of Colgate Drive; thence southwardly along the western side of Colgate Drive by an arc curving to the left, having a radius of 325 feet, 22.28 feet, more or less, to a point, thence continuing southwardly along the western side of Colgate Drive 92.72 feet to a point, the place of BEGINNING. BEING the southern part of Lot No. 45 on the Plan of Lots known as "Part of Plan No. 2, "Cedar Cliff Manor" which plan was approved by the Commissioners of Lower Allen Township on January 12, 1955, and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 14. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. TITLE TO SAID PREMISES IS VESTED IN Donald J. Ezbiansky and Sheryl L. Ezbiansky, h/w, by Deed from Claudia B. Hume, single person, dated 09/13/2004, recorded 09/17/2004 in Book 265, Page 1394. PREMISES BEING: 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627 PARCEL NO. 13-23-0547-538 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 2nd of February Anno Domini 2011 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Ten (2010) Number 432 at the suit of First Horizon Home Loans, A Division of First Tennessee Bank National Association -vs- Donald Ezbiansky a/k/a Donald J. Ezbiansky and Sheryl Ezbiansky a/k/a Sherryl L. Ezbiansky In Witness Whereof, I have hereunto affixed my signature this 18th Anno Domini Two Thousand and Eleven (2011) 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 da 18th y of July Anno Domini Two Thousand and Eleven (2011) _;JCl•3 ?C...1? Prothonotary, Cumt?erland ounty, Cadlsk, PA My Commission Expires the rst Mm* of Im. 2014 I hereby certify that the residence And Post Office address of the Within Grantee is P.O. Box 650043 Dallas, TX 75265 .Richard W. Stewart Solicitor day of T,., .. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201121371 Recorded On 8/2/2011 At 10:03:13 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 90970 User ID - KW * Grantor - EZBLANSKY, DONALD J * Grantee - FEDERALWATIONAL MTG ASSOC * Customer - SHERIFF * FEES STATE WRIT TAR $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $13.00 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 PEST SHORE SCHOOL $0.00 DISTRICT LOWER ALLEN TOWNSHIP $0.00 TOTAL PAID $63.50 * Total Pages - 6 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 O/DZDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002C8Z EXHIBIT B ? r,PHELAN HALLINAN SCHMIEG 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX #: 215-563-4491 Email: VIOLETA.PATORI@fedphe.com August 24, 2011 DONALD EZBIANSKY aWa DONALD J. EZBIANSKY or Occupants 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 RE: 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 Dear Occupant: We represent Federal National Mortgage Association which became owner of the above premises as a result of foreclosure and judicial sale by the Sheriff of the County of CUMBERLAND on 06/01/2011. You are now in possession of the premises without authority or permission of our client and you must vacate immediately. Unless you immediately vacate the premises and make them available for possession, court action will be taken against you at once. Very truly yours, Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Melissa J. Scheiner, Esquire EXHIBIT C Phelan Halliran & Schmieg, LLP By: 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. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff C. rnw ?r c.a rah 7y C-) D C -- X n Cn . ? Federal National Mortgage Association Court of Common Pleas P.O. Box 650043 Dallas, TX 75265 Civil Division V. DONALD EZBIANSKY CUMBERLAND County a/k/a DONALD J. EZBIANSKY or Occupants 20 COLGATE DRIVE No. CAMP HILL, PA 17011-7627 IVIL ACTION - EJECTMENT "*This 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 t liar:.lbis compkint and notico.are;wrved, by entering a written, appearance personally or by attorney and filing in writing with the court your 4weng or owectlQ to the claitms set forth against you. Youam warned that if you fail to do so the case may proceed without you and a ju'dgmmt may beentcr*i,t &-nst you.by-the court without Amber notice for any money claimed in the complaint or for and other claim or relief requested by the plttWf'f. You rriuy 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 maybe 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 PHS # 274022 Plaintiff is Federal National Mortgage Association. 2. Defendant is DONALD EZBIANSKY a/k/a DONALD J. EZBIANSKY or Occupants. A true and correct copy of Record of Deeds Index Display is in the possession, custody or control of Plaintiff which reflects that a Sheriffs deed was recorded 08/02/2011 in the Office of the Recorder of CUMBERLAND County in Instrument No. 201121371, and further reflects Plaintiff's ownership of the property at 20 COLGATE DRIVE, CAMP HILL, PA 17011-7627 (hereinafter the "Premises") is attached hereto, made part hereof, and marked as Exhibit "A". 4. Plaintiff', by virtue of the above, contends that it is the record owner of the Premises, and is entitled to possession thereof. Plaintiff is informed that the defendant is occupying the Premises without right and without claim of title. The legal description of the Premises is attached hereto, made part hereof, and marked as Exhibit "B", A true and correct copy of Plaintiffs letter demanding possession of the Premises from the Defendants, who have refused to deliver possession of same, is attached hereto, made part hereof, and marked as Exhibit "C". WHEREFORE, Plaintiff seeks to recover possession of the Premises. 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. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912----- Attorney for Plaintiff EXHIBIT "A" LANDEX Document Data Instrument #: 201121371 Book: Recorded Date: AUG 2, 2011 Page: 10:03:13 AM Total Pages: 6 Instrument Type: DEED-SHERIFF'S Parcel Numbers: 13230547538 County: CUMBERLAND Municipality: LOWER ALLEN TOWNSHIP Recording Status: VERIFIED Notes: 20 COLGATE DR PO LOT 45 PL BK7 PG 14 GRANTOR GRANTEE EZBIANSKY,DONALD J AKA FEDERAL NATIONAL MTG ASSOC EZBIANSKY,DONALD AKA EZBIANSKY,SHERYL AKA EZBIANSKY,SHERRYL L AKA Page 1 of 1 http://www.landex.comlwebstore/jsp/cartIDocumentSearchResults jsp?LastName=EZBIA... 8/24/2011 EXHIBIT "B" Legal Description ALL the following described real estate situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the northwest corner of Colgate Drive and Citadel Drive; thence westwardly along the northern side of Citadel Drive 15.3 feet to a point; thence continuing westwardly along the northern side of Citadel Drive by an arc curving to the left, having a radius of 705 feet, 74.7 feet to a point at the southeast corner of Lot No. 44 on Part of Plan No. 2, Cedar Cliff Manor recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 14; thence northwardly along the eastern line of Lot No. 44 aforesaid, 130.27 feet to a point; thence eastwardly on a line parallel with the dividing line between Lots No. 45 and 46 on Part of Plan No. 2, Cedar Cliff Manor recorded in the Office of the Recorder of Deeds aforesaid in Plan Book 7, Page 14, 104.87 feet to a point at the western side of Colgate Drive; thence southwardly along the western side of Colgate Drive by an arc curving to the left, having a radius of 325 feet, 22.28 feet, more or less, to a point, thence continuing southwardly along the western side of Colgate Drive 92.72 feet to a point, the place of BEGINNING. BEING the southern part of Lot No. 45 on the Plan of Lots known as 'Part of Plan No. 2, 'Cedar Cliff Manor' which Plan was approved by the Commissioners of Lower Allen Township on January 12, 1955, and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 14. HAVING THEREON erected a brick ranch house known as 20 Colgate Drive. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. BEING THE SAME PREMISES WHICH Ronald E. Witmer and Sharon L. Witmer, by deed dated February 6, 1998, and recorded March 2, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 172, Page 799, granted and conveyed unto Claudia B. Hume, Grantor herein. Premises: 20 Colgate Drive EXHIBIT "C" } [I 1^,A1 1\) 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX #: 215-563-4491 Email: VIOLETA.PATORI@fedphe.com August 24, 2011 DONALD EZBIANSKY a/k/a DONALD J. EZBIANSKY or Occupants 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 RE: 20 COLGATE DRIVE CAMP HILL, PA 17011-7627 Dear Occupant: We represent Federal National Mortgage Association which became owner of the above premises as a result of foreclosure and judicial sale by the Sheriff of the County of CUMBERLAND on 06/01/2011. You are now in possession of the premises without authority or permission of our client and you must vacate immediately. Unless you immediately vacate the premises and make them available for possession, court action will be taken against you at once. Very truly yours, hh n,Jb ;an & Schmieg, LLP Ur4ri4FT, Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire. Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Allison F. Wells, Esquire William E. Miller, Esquire ?.- Melissa J. Scheiner, Esq VERIFICATION am employed by the Plaintiff corporation as an Asset Recovery Manager and do hereby verify that the factual allegations set forth in the foregoing Complaint are true and correct to the best of my knowledge or information and belief based on corporate sources of information. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S, 4904 relating to unsworn falsification to authorities. Dater Printed Name; l k? Title/Department:!^?'l- Company PHS # 274022 Return to: Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attn: Eviction Department v11 cou C31 EXHIBIT D Michael S. Travis ID No. 77399 3904 Trindle Road Camp HIII, PA 17011 717-731-9502 mst@mtravislaw Attorney for Defendant Federal National Mortgage Association ) In the Court of Common Pleas P.O. Box 650043 ) Civil Division 'Dallas, TX 75265 ) Cumberland County Plaintiff ) VS. ) No. 11-6838 Donald Ezbiansky ) ) a/k/a Donald J. Ezbiansky or Occupants ) 20 Colgate Drive ) In Ejectment Camp Hill, PA 17011-7627 ) Defendant ) Answer to mli in E' m t -1i a -1 Li _ 7154 L / c .; 7 m zM r" x,o -V t? r- ,rrl C .0 c) -? r c7 NOW COMES the Defendant, Donald J. Ezbiansky, by and through the office of the below counsel, and answers the Complaint in Ejectment as follows: 1. Denied. Strict proof of ownership of the mortgage and right to be plaintiff is demanded at the time of trial. 2. Admitted. 3. Denied. The document speaks for itself. Strict proof of ownership of the real property at issue and right to bring an ejectment action is demanded at the time of trial. 4. Admitted in part, denied in part. It is denied that Plaintiff is the owner of the property at issue. Strict proof of ownership of the Premises is demanded at the time of trial. It Is admitted that Defendant occupies the premises and that he received notice of its sale by Sheriff. Defendant only continues occupancy as he requires additional time to vacate the premises. 5. Denied. Strict proof of the legal description of the real estate at issue is demanded at trial, if relevant. Federal National Mortgage Association P.O. Box 650043 Dallas, TX 75265 Plaintiff vs. Donald Ezbiansky a/k/a Donald J. Ezbiansky or Occupants 20 Colgate Drive Camp Hill, PA 17011-7627 Defendant In the Court of Common Pleas Civil Division Cumberland County No. 11-6838 In Ejectment CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: Melissa Scheiner, Esquire Phelan Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff Michael S. Travis 3904 Trindle Road Camp Hill, PA 17011 Attorney for Defendant EXHIBIT E PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire IDENTIFICATION NO.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Federal National Mortgage Association Plaintiff, VS. Donald Ezbiansky a/k/a Donald J. Ezbiansky or Occupants Defendants Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County CIVIL DIVISION No. 11-6838 Civil PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Federal National Mortgage Association, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendant Donald Ezbiansky a/k/a Donald J. Ezbiansky and in support thereof states as follows: 7. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through six (6) of its Complaint in Ejectment as if set forth herein at length. 8. Admitted. By way of further answer, Plaintiff' is entitled to seek possession of the property by virtue of its ownership of the property at issue. A copy of the Sheriffs deed is attached hereto, incorporated herein and marked as Exhibit 'W'. 9. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. To the extent that a response is required, Defendant was aware MOU of the foreclosure action, aware of the sheriffs sale, and aware that he would need to vacate the property well in advance of the completed sheriffs sale. By failing to take the necessary actions, Defendant is now seeking additional time to vacate the property. Strict proof to the contrary is demanded. 10. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. To the extent that a response is required, Defendant has provided no documentation concerning any alleged purchase of property within the next forty-five (45) days that would permit him to vacate the property. Strict proof is demanded. 11. Denied. The averment contained in paragraph eleven (11) is a conclusion of law to which no response is necessary. To the extent that a response is required, Plaintiff is the owner of the property at issue and is entitle to possession at this time. The fact that Defendant failed to make the necessary preparations to vacate the home, well aware of the foreclosure action and scheduled sheriff's sale, is not the fault of the Plaintiff Strict proof to the contrary is demanded. 12. Denied. Plaintiff' is without information or knowledge sufficient to form a belief as to the truth of the within averment. By way of further answer, there is no letter attached as Exhibit "A" to the copy of the Answer and New Matter provided to Plaintiff s Counsel. 13. Denied. The averment contained in paragraph thirteen (13) is a conclusion of law to which no response is necessary. Strict proof is demanded. WHEREFORE, Plaintiff respectfully requests that the Court grant the relief as requested in Plaintiff's Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: October 1 %2011 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: October 116 2011 Atto ey for Plaintiff 126 cust Street H 'sburg, PA 17101 5) 563-7000 EXHIBIT A Phelan Hallinan & Schmieg, LLP Case System Page I of 1 Phelan Hallinan 4 Schmle9,•LLP 1617 JFK Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 Phone: 215-563-7000 Fax: 215-568-7616 Case Summary 08123/2011 PHS 225612 File Received: 12/16/2009 Loan 8133419 Follow-Up: Status: AS On Hold: Property: 20 COLGATE DRIVE County: CUMBERLAND CAMP HILL, PA 17011-7627 FC Defendants: EZBIANSKY, DONALD EZBIANSKY, SHERYL Primary Servicer. IBM LENDER BUSINESS PROCESS SERVICES, INC. (1186) 14523 SW MILLIKAN WAY SUITE 200 BEAVERTON, OR 97005 Report To: LPS DEFAULT SOLUTIONS (825) Investor: ***** FNMA ***** (2) Referred By: LPS DESKTOP (52) Mort. Type: CONVENTIONAL Court Term: Complaint Docket 10.432 CIVIL TERM Freddie Mac: Fannie Mae #: 1696941017 Client Bitted: 06/01/2011 FHA/VA Bill Amount: $0.00 Seiler Closed: Writ Sale Report To #:• PMI PMI Hare: Township: LOWER ALLEN http://icis/C=System/aftersale/afterSWeView jsf 8/23/2011 Know all Men by these Presents Tax Parcel No. 13-23-0547-538 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 Federal National Mortgage Association Writ No. 2010.432 Civil Term First Horizon Home Loans, A Division of First Tennessee Bank National Association Vs Donald Ezbiansky aWa Donald J. Ezbiansky Sheryl Ezbiansky aWa SherryI L. Ezbiansky i ALL the following described real estate situate in the Township of Lower Aden, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the northwest corner of Colgate Drive and Citadel Drive; thence westwardly along the northern side of Citadel Drive 15.3 feet to a point,, thence continuing westwardly along the northern side of Citadel Drive by an are curving to the left, having a radius of 705 feet, 74.7 feet to a point at the southeast corner of Lot No. 44 on Part of Plan No. 2, Cedar Cliff Manor recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 14; thence northwardiy along the eastern line of Lot No. 44 aforesaid, 13027 feet to a point; thence outwardly on a line parallel wish the dividing line between Lots No. 45 and 46 on Part of Plan No. 2, Cedar Cliff Manor recorded in the Office of the Recorder of Deeds aforesaid in Plan Book 7, Page 14, 104.87 feet to a point at the western side of Colgate Drive; thence southwardly along the western side of Colgate Drive by an are curving to the lei% having a radius of 325 feet, 22.28 feet, more or less, to a point, thence continuing southwardly along the western side of Colgate Drive 92.72 feet to a point, the place of BEGINNING. BEING the southern-part of Lot No, 45 on the Plan of Lots known as'Part of Plan No. 2, "Cedar Cliff Manor" which plan was approved by the Commissioners of Lower Allen Township on January 12, 1955, and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 14, UNDER AND SUBJECT; NEVERTHELESS, to aft-rights of way, easements, restrictions and/or conditions of record. i TITLE TO SAID PREMISES IS VESTED IN Donald J. Ezbiansky and Sheryl L, Ezbiansky, h/w, by Deed from Claudia B. Hume, single person, dated 09/13/2004, recorded 09/17/2004 in Book 265, Page 1394. PREMISES BEING: 20 C;OLGATE DRIVE, CAMP 11IILL, PA 17011-7627 PARCEL NO. 13-23-0547-538 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 2nd of February Anno Domini 2011 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Ten (2010) Number 432 at the suit of First Horizon Home Loans, A Division of First Tennessee Bank National Association -vs- Donald Ezbiansky Wa Donald J. Ezbiansky and Sheryl Ezbiansky a/k/a Sherryl L. Ezbiansky is In Witness Whereof, I have hereunto affixed my signature this 18th day of J u 1 y Anno Domini Two Thousand and Eleven (2011) R. Anderson, Sheriff Commonwealth of Pennsylvania, ss. V 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 da 18th y of July Anno Domini Two Thousand and Eleven (2011) 1?'Id?1111 ?? i -Pro j . Pr0lboneugr, Cumbeeland OWAY, C014 PA I hereby certify that the residence And Post Office address of the Within Grantee is P.O. Box 650043 Dallas, TX 75265 f Richard W. Stewart Solicitor i ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 . 717-240-6370 Instrument Number - 201121371 Recorded On 8=011 At 10:03:13 AM * Instrument Type - DEED-SRERIFF'S Invoice Number - 90970 User ID - KW * Grsntor - EMIANSKY, DONALD J * Grantee -.FEDERAL,NA-TION,AL MTG ASSOC * Customer - SHERIFF *FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING; FEES - $13.00 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING; $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 WEST SHORE SCHOOL $0.00 DISTRICT LOWER ALLEN TOWNSHIP $0.00 TOTAL PAID $63.50 "Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded is Cumberland County PA RECORDER of DI * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. I(IIIIfIIIINI?I?? ?Ifl PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, ESQUIRE Identification No.: 91656 One Penn Center at Suburban Station 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Federal National Mortgage Association Plaintiff, VS. Donald Ezbiansky a/k/a Donald J. Ezbiansky or Occupants Defendants Attorney for Plaintiff Court of Common Pleas Cumberland County Civil Division No. 11-6838 Civil CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via fast class mail to the persons listed below on the date indicated: Michael S. Travis, Esquire 3904 Trindle Road Camp Hill, PA 17011 Occupants 20 Colgate Drive Camp Hill, PA 17011 Date: October 17 2011 PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Federal National Mortgage Association P.O. Box 650043 Dallas, TX 75265 VS. Donald Ezbiansky a/k/a Donald J. Ezbiansky Or Occupants 20 Colgate Drive Camp Hill, PA 17011-7627 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 11-6838-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Motion for Summary Judgment, attached exhibits and Praecipe for Argument were served by regular mail on Defendant at the address and on the date listed below: Michael S. Travis, Esquire 3904 Trindle Road Camp Hill, PA 17011 I DATE: j ?o BY d'oseph P?Schalk, Esquire Attorney or Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT n rr (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: I OCT 21 A 1 E : N ;UMBER d?I i J t4?gJas Please list the within matter for the next Argument Court. Federal National Mortgage Association P.O. Box 650043 Dallas, TX 75265 VS. Donald Ezbiansky a/k/a Donald J. Ezbiansky Or Occupants 20 Colgate Drive Camp Hill, PA 17011-7627 2 Court of Common Pleas Civil Division Cumberland County No. 11-6838-CIVIL State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment Identify counsel who will argue case: (a) for plaintiff: Joseph P. Schalk, Esquire Address: 126 Locust Street Harrisburg, PA 17101 (b) for defendant: Michael S. Travis, Esquire Address: 3904 Trindle Road Camp Hill, PA 17011 3. 4. I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: December 16, 2011 Date: October 25, 2011