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HomeMy WebLinkAbout12-109529534-CFC-EM Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS COURT OF COMMON PLEAS OF TRUSTEE FOR ARGENT SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2004- W11 3 ADA Irvine, CA 92618 : CUMBERLAND COUNTY Plaintiff : V. NO. TERRI DOUTRICH OR OCCUPANTS 701 Belmont Avenue Mechanicsburg, PA. 17055 Defendant(s) CIVIL ACTION - EJECTMENT NOTICE ?a . ?oq5 CivilTerm -p 3 rv -c ZM rn rn-.. ,??' N C q. C__ ADVISO 5: rv =?' --i W 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a ]as demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO . ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 ( D-S *1ta.g5 Pa A1 7Y 0,4,5 oN77 0 pl3o( MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 649 South Avenue, Suite 7 Secane, PA 9018 (610) 328-2887 Attorneys for Plaintiff DEUTSCHE; BANK NATIONAL TRUST COMPANY., AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-WI 1 3 ADA Irvine, CA 92618 Plaintiff V. TERRI DOUTRICH OR OCCUPANTS 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s) : 29534-CFC-EM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. CIVIL ACTION - EJECTMENT 1. Plaintiff, Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-W11, is the owner of premises known as 701 Belmont Avenue, Mechanicsburg, PA 17055, more fully described in the legal description, a true and correct copy is attached hereto, made part hereof and marked as Exhibit I. 2. Plaintiff claims title to the aforesaid property by virtue of a Sheriffs sale held on December 07, 2011, in the execution of a judgment in mortgage foreclosure obtained in the Court of Common Pleas of Cumberland County, Docket No. 2011-1355 where Plaintiff was the successful bidder. 3. The Plaintiff became the owner of the said property by a sheriff's deed recorded on January 27, 2012 in the Office of the Recorder of Cumberland County at Instrument No. 201202813, said Deed being a matter of public record and said recording information provided in lieu of a copy of the Deed, pursuant to Pa.R.C.P. 1019(g). 4. Plaintiff, by virtue of the aforesaid title, is the owner in fee of the said premises, and is entitled to possession thereof. The Defendants Terri Doutrich or Occupants are occupying the said premises without right, and so far as the Plaintiff is informed, without claim of title. WHEREFORE, plaintiff demands judgment for possession of 701 Belmont Avenue, Mechanicsburg, PA 17055. Respectfully Submitted, MARTHA E. VON ROSENSTtEL, P.C. BY: Martha E. Von Rosenstiel, Esquire Jacqueline F. McNally, Esquire Attorneys for Plaintiff VERIFICATION I verify that the statements made in the foregoing documents are true and correct and are matters of public record. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unswom falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENITIEL, P.C. BY: Martha E. Von Rosenstiel, Esquire Jacqueline F. McNally, Esquire Attorneys for Plaintiff l Dated: February 17, 2012 EXHIBIT I ALL that certain tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania., bounded and described in accordance with survey and plan thereof nude by Gerrit J. Bctz, Registered Survt? or, dated January 2, 1970, as follows: BEGINNING at the inters ction of the eastern lute of Behnont Avenue and the southern line of Maple Avenue; thence along the southern line of Maple Avenue North 52 degrees 10 minutes East. one hundred sixty-three and twenty-seven hundredths (163.27) feet to a fence past. a comer; thence along the western litre of Windsor Place South 26 degrees 45 minutes East; one hundred twenty-two and twenty-eight hundroilths (122,28) feet to a, fcmx post; thence along Cots No$. 14, 13, l2, t 1, 10, 9 and 8 on the hereinafter mentioned plan of lots South 52 dcgrm- 10 mutes West, one hundred seventy -four and ninety-three hundredths (174.93) feet to an iron pin on the eastern line of Belmont Avenue; thence along the saute North 21 degrees 30 n inut+es "Nest, one hundred menty°-five and five hundredths (125-05) feet to the paint and place of DEGINN1NG, 701 Belmont Avenue, Mcchanicslaurg, Pennsylvania 17055.. BFING the same premises which TP40THY H, M. DOUTRICH AND TERR1 L. DOC:tMCEI, HIS WIFE by doed dated January 15, 1999 and recorded Member 29, 1999 in the office of the Recorder in and for Cumberland County in Teed Book 2144, Page 10, tented and conveyed to `Perri Doutrich in fee, TAE; MAP PARC-FL.INTLIM"B R: 13240795098 AND BEING the same premises which were sold to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-W11, as Trustee by the Sheriff of CUMBERLAND County on December 07, 2011 in execution of a judgment in mortgage foreclosure entered in the Court of Common Pleas of CUMBERLAND County Docket No. 2011-1355. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Lollar of ?rrmU?r???? ,OFF,: E ?_-. ;, ,-izRlrF 2212 MAR " i AID 8: 3? (3IJMBERLAND (,QUI { ti. PENNSYLVANIA Deutsche Bank National Trust Company vs. Terri L. Doutrich Case Number 2012-1095 SHERIFF'S RETURN OF SERVICE 02/23/2012 07:45 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 23 2012 at 1945 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Terri L. Doutrich, by making known unto himself personally, at 701 Belmont Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. D IS FRY, DEP 02/24/2012 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 701 Belmont Avenue, Mechanicsburg, Pennsylvania 17055, 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 701 Belmont Avenue, Mechanicsburg, Pennsylvania 17055 is only occupied by Terri L. Doutrich. SHERIFF COST: $59.00 February 24, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF tt " i"" is 2H R 12 f (i I' f r Johnson, Duffie, Stewart& Weidn6f' o EWHIS Y LV N I A By: Mark C. Duffle I.D. No. 75906 Attorneys for Defendant 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd ckr jdsw.com DEUTSCH BANK NATIONAL TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TERRI DOUTRICH, Defendant NO. 12-1095 NOTICE TO PLEAD TO: Martha E. Von Rosenstiel, Esquire Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit #7 Secane, PA 19018 YOU ARE HEREBY notified to plead to the within New Matter of Defendant within twenty (20) days. Date: /Y :' JOHNSON, DUFFIE, STEWART & WEIDNER. By: V 41 Mark C. Duffle Attorneys for Defendant :485545 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd&jdsw.com DEUTSCH BANK NATIONAL TRUST COMPANY, Plaintiff V. TERRI DOUTRICH, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-1095 ANSWER TO PLAINTIFF'S CIVIL ACTION - EJECTMENT AND NEW MATTER AND NOW, comes the Defendant, Terri Doutrich, by and through her counsel, Johnson, Duffle, Stewart & Weidner, and files this Answer to Plaintiff's Civil Action - Ejectment and New Matter in support thereof avers as follows: Admitted in part and denied in part. It is admitted that Plaintiff, Deutsch Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass- Through Certificates, Series 2004 - W11, is the legal owner of the premises known as 701 Belmont Avenue, Mechanicsburg, PA 17055, described in Exhibit 1 to Plaintiffs Complaint. It is denied in that Plaintiff is not the equitable owner of the property. 2. Admitted. Admitted. 4. Admitted in part and denied in part. It is admitted that Plaintiff, by virtue of the aforesaid title, is the legal owner of the said premises. The equitable owner of the said premises is L33t Games, Inc. It is further denied that the Defendant, Terri Doutrich, is occupying the premises without right, or claim of title. The equitable owner, L33t Games, Inc., has no objection to her continuing to occupy the premises. WHEREFORE, Defendant requests this honorable Court deny Plaintiffs Action in Ejectment with respect to 701 Belmont Avenue, Mechanicsburg, PA 17055. NEW MATTER The response of averments set forth in paragraphs 1 - 4 are incorporated herein as if set forth fully. 6. On or about March 3, 2012, the Plaintiff accepted an offer to purchase the property from L33t Games, Inc., which is scheduled to close on or before March 30, 2012. 7. By virtue of their having entered into an Agreement of Sale with the Plaintiff, L33t Games, Inc., is the equitable owner of the property located at 701 Belmont Avenue, Mechanicsburg, PA 17055. 8. As equitable owner of the property located at 701 Belmont Avenue, Mechanicsburg, PA 17055, L33t Games, Inc., made the offer which the Plaintiff accepted with the knowledge that Terri Doutrich would be in possession of the property. 9. L33t Games, Inc., has no desire to eject or otherwise forcibly remove Terri Doutrich from the property located at 701 Belmont Avenue, Mechanicsburg, PA 17055. WHEREFORE, Defendant requests this honorable Court to dismiss Plaintiff s Action in Ejectment as it pertains to 701 Belmont Avenue, Mechanicsburg, PA 17055. Respectfully submitted, JOHNSON, DUFFIE, STE WART & WEIDNER By: F. Mark C. D`uffiie CERTIFICATE OF SERVICE AND NOW, this I day of March, 2012, the undersigned does hereby certify that he did this date serve a copy of her Answer to Plaintiffs Civil Action - Ejectment and New Matter upon counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Martha E. Von Rosenstiel, Esq. Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit 47 Secane, PA 19018 JOHNSON, DUFFIE, STEWART & WEIDNER By. - ?f Mark C. Duffle 485442 VERIFICATION I, TERRI DOUTRICH, verify that the statements made in this Answer to Plaintiff's Civil Action - Ejectment and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: , /,, - / C TERRI DOUTRICH :485474 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff e t. T, 2312 APrR -9 P11 2: %52 '9EPLAND COUNT' PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2004- W11 3 ADA Irvine, CA 92618 Plaintiff 29534-CFC-EM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. NO. 12-1095 Civil Term TERRI DOUTRICH OR OCCUPANTS 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s) PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-W11, by and through its attorneys of record, Martha E. Von Rosenstiel, P.C., hereby responds to Defendant's New Matter to Plaintiff's Complaint in Ejectment and in support thereof, avers the following: 5. Paragraph 5 of the Defendant's New Matter is an incorporation Paragraph to which no responsive pleading is required. 6. Admitted that Plaintiff signed such an agreement. Denied that the closing on the property has taken place. 7. Admitted. 8. Neither admitted nor denied. Plaintiff lacks sufficient information to form a belief as to the knowledge, belief or intent of the purchaser of the property. Strict proof, if relevant, is demanded. 9. Neither admitted nor denied. Plaintiff lacks sufficient information to form a belief as to the knowledge, belief or intent of the purchaser of the property. Strict proof, if relevant, is demanded. The Plaintiff is the real and current entitled owner of the Foreclosed Premises located at 701 Belmont Avenue, Mechanicsburg, PA 17055 and is entitled to possession thereof. WHEREFORE, Plaintiff respectfully requests that Defendants' New Matter be stricken with prejudice and that judgment for Possession be entered in favor of the Plaintiff and against the Defendant. Respectfully Submitted, MARTHA E. VON ROSENSTIEL. P.C. BY Martha E. Von Rosenstiel, Esquire Jacqueline F. McNally, Esquire Attorneys for Plaintiff Date: April 5, 2012 VERIFICATION Martha E. Von Rosenstiel hereby states that she is the attorney for the Plaintiff, Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass- Through Certificates, Series 2004-W11, that she is duly authorized to take this Verification on behalf of the Plaintiff; that any factual statements in this Reply to New Matter are matters of public record and verifies that the statements made in the foregoing pleading are true and correct to the best of her information and belief. The undersigned understands that the statements therein are madeXubject to the penalties of 18 Pa.C.S. 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Von Rosenstiel, Esquire Martha E. Von Rosenstiel, P.C. T± T 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR ARGENT CUMBERLAND COUNTY SECURITIES INC., ASSET-BACKED PASS- : THROUGH CERTIFICATES, SERIES 2004- W11 Plaintiff Case No: 12-1095 Civil Term vs. TERRI DOUTRICH OR OCCUPANTS Defendant MOTION FOR SUMMARY JUDGMENT Plaintiff, Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-W11, by and through its undersigned counsel and pursuant to Pa. R.C.P. Rule 1035.1 hereby respectfully requests that this Honorable Court enter an Order for Judgment for Possession in its favor and against the Defendants. In support of this Motion, Plaintiff submits the accompanying Memorandum of Law which is incorporated herein by reference. In addition, Plaintiff relies upon the pleadings filed of record in this matter, and the exhibits appended to its Motion, which establish that there are no genuine issues as to the right of possession. 1. The pleadings are closed and time exists within which to dispose of this motion for Summary Judgment without delaying trial. 2. Plaintiff claims title to the subject premises located at 701 Belmont Avenue, Mechanicsburg, PA 17055 by virtue of a Sheriff's Sale held on December 7, 2011 in execution of a judgment in mortgage foreclosure entered in the Court of Common Pleas of Cumberland County in Docket No. 2011-1355. 3. Plaintiff's title was perfected by the recording of a Sheriff's Deed Poll on January 27, 2012 in the Office of the Recorder of Cumberland County at Instrument No. 201202813. A true and correct copy is attached hereto, made part hereof and marked as Exhibit A. 4. Under controlling Pennsylvania law, the recording of the Sheriff's Deed Poll renders moot any and all arguments which the Defendants raised or may raise as to the foreclosure action above referenced, and this Honorable Court must look strictly at where title is now vested in its determination of the substantive issues under this Motion for Summary Judgment. See Federal National Mortgage Association v. Anthony Citiano, 2003 Pa. Super. 381, 834 A.2d 645 (2003). 5. This Action in Ejectment. was commenced by the filing of a Complaint on February 21, 2012. A true and correct copy is attached hereto and made part hereof as Exhibit B. 6. On or about March 9, 2012, Defendant filed Answer and New Matter. A true and correct copy is attached hereto, made part hereof and marked as Exhibit C. 7. Plaintiff filed Reply to New Matter on or about April 6, 2012. A true and correct copy of Plaintiff's Reply to New Matter is attached hereto, made part hereof and marked as Exhibit D. 8. Defendant's Answer and New Matter assert that the property has been sold; that settlement was to occur on March 30, 2012 and that the new owner does not object to the continued occupancy of the Defendant. 9. Defendant's Answer and New Matter fail to raise any genuine issue of material fact or defense to the Plaintiff's Complaint in Ejectment. 10. Plaintiff has established its superior title to the Subject Premises occupied by the Defendant prior to the commencement of the instant ejectment action. 11. . As of the date of this Motion for Summary Judgment, plaintiff's title is superior to all other titles and no facts have been raised that attack this superior title. 12. The pleadings in this matter show that there is no genuine issue of material fact to be tried. 13. Plaintiff is entitled to judgment as a matter of law. WHEREFORE, the Plaintiff respectfully requests that the Honorable Court grant judgment in favor of the Plaintiff and against Defendant for possession of the premises located at 701 Belmont Avenue, Mechanicsburg, PA 17055. Respectfully submitted, Martha E. Von Rosenstiel, Esquire Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 VERIFICATION Verification on behalf of Plaintiff and verifies that the statements made in the foregoing pleading in Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-W 1 I v. Terri Doutrich or Occupants relating to the property located at 701 Belmont Avenue, Mechanicsburg PA 17055 are true and correct to the best of his/her information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. i Craig Reuter Vice President C q? ?C hereby states that he/she is the Vice President for the Plaintiff, is duly authorized to make this Date: Martha E. Von Rosenstiel, Esquire Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR ARGENT CUMBERLAND COUNTY SECURITIES INC., ASSET-BACKED PASS- : THROUGH CERTIFICATES, SERIES 2004- W11 Plaintiff : Case No: 12-1095 Civil Term vs. TERRI DOUTRICH OR OCCUPANTS Defendant(s) BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1. FACTS This is an ejectment action in which Plaintiff seeks possession of property located at 701 Belmont Avenue, Mechanicsburg, PA 17055 (hereinafter "Subject Premises"). Plaintiff's ownership of the Subject Premises was derived from a judicial sheriff's held on December 7, 2011 in execution of a judgment in mortgage foreclosure issued in the Court of Common Pleas of Cumberland County in Docket No. 2011-1355. Plaintiff's title is evidenced by a sheriff's deed recorded on January 27, 2012 in the Office of the Recorder of Cumberland County at Instrument No. 201202813. A true and correct copy is attached hereto, made part hereof and marked as Exhibit A. Despite Plaintiff's title, the Defendant remains in possession of the Subject Premises. Under controlling Pennsylvania law, the recording of the Sheriff's Deed Poll renders moot any and all arguments which the Defendants raised or may raise as to the foreclosure action above referenced, and this Honorable Court must look strictly at where title is now vested in its determination of the substantive issues under this Motion for Summary Judgment. See Federal National Mortgage Association v. Anthony Citiano, 2003 Pa. Super. 381, 834 A.2d 645 (2003). On February 21, 2012 the Plaintiff filed the instant Action in Ejectment against Terri Doutrich or Occupants seeking possession of the Subject Premises. A true and correct copy is attached hereto, made part hereof and marked as Exhibit B. On or about March 9, 2012, Defendant filed an Answer and New Matter. A true and correct copy is attached hereto, made part hereof and marked as Exhibit C. On or about April 6, 2012, Plaintiff filed a Reply to Defendant's New Matter. A true and correct copy is attached hereto, made part hereof and marked as Exhibit D. The pleadings are now closed and this matter is ripe for judgment. Plaintiff submits that Defendant's pleadings do not raise a genuine issue of material fact. Plaintiff is the owner of the premises occupied by Defendant, Plaintiff is out of possession and has the immediate right to possession based on its title. Defendant's Answer and New Matter reference a sale of the property, the existence of an equitable owner and the fact that the equitable owner will accept Defendant's occupancy. However, :Defendant's New Matter asserts no facts that challenge Plaintiff's superior title to the premises. Plaintiff is entitled to judgment for possession as a matter of law. H. ARGUMENT WHERE NO GENUINE ISSUES OF MATERIAL FACT EXIST AND PLAINTIFF IS ENTITLED TO JUDGMENT AS A MATTER OF LAW, SUMMARY JUDGMENT SHOULD BE GRANTED The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no genuine issue of material fact is raised. Specifically, Pa. R.C.P. Rule 1035(2)(a), as amended, provides in pertinent part: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law. (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action ...which could be established by additional discovery or expert report, or (2) if, after the completion of discovery relevant to the motion ...an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. Pa. R.C.P. Rule 1035.2; Pennsylvania State University v. University Orthopedics, Ltd., 706 A.2d 863 (Pa. Super 1998); American States v. Maryland Casualty, 427 Pa. Super. 170, 180, 628 A.2d 880, 885 (1993); Dublin by Dublin v. Shuster, 410 Pa. Super. 1, 5, 598 A.2d 1296, 1298 (1991); Godlewski v. Pars Mfg. Co., 408 Pa.SuperiorCt. 425, 597 A.2d 106 (1991); Carringer v. Tam, 402 Pa.Super. 197, 586 A.2d 928 (1990). The Rule has been revised to permit this Honorable Court to grant this Motion for Summary Judgment under two concepts: (1) the absence of a dispute as to any material fact and (2) the absence of evidence sufficient to permit a jury to find a fact essential to the cause of action or defense. The burden of demonstrating that there is no genuine issue of material fact rests on the moving party. Duck v. Chrysler Motors Corporation, et al., 433 Pa. Super. 47, 639 A.2d 1204 (1994); Marks v. Tasman, 527 Pa. 132, 589 A.2d (1991). In order to demonstrate entitlement to a summary judgment, the moving party must meet a burden of proof, described in Laventhol & Horwath v. Dependable Insurance Associates, Inc., 396 Pa. Super. 553, 579 A.2d 388, 390 (1990), as follows: Summary judgment may properly be entered only if the pleadings, depositions, answers to interrogatories and admission on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Pa. R.C.P. 1035(b). The moving party has the burden of persuading the court that no genuine issues exist as to the material facts. Summary judgment maybe entered only where the case is free from doubt [citations omitted]. In passing upon a motion for summary judgment, moreover, the court must examine the record in the light most favorable to the non- moving party. Any doubt must be resolved against the moving party. "When the moving party makes out a case for summary judgment, the adverse party may not claim that the averments of his pleadings alone are sufficient to raise a genuine issue of fact so as to defeat the motion." The adverse party must set forth specific facts showing there is a genuine issue for trial. Phaff v. Gerner, 541 Pa. 146, 303 A.2d 826 (1973). The pleadings, exhibits and affidavits of the Plaintiff in the instant case establish conclusively that there are no genuine issues of material fact and that the Plaintiff is entitled to judgment as a matter of law. Once such a showing is made, summary judgment is appropriate if an adverse party is unable to come forward with probative evidence. "When the moving party makes out a case for summary judgment, the adverse party may not claim that the averments of his pleading alone are sufficient to raise a genuine issue of fact so as to defeat the motion." The adverse party must set forth specific facts showing there is a genuine issue for trial. Phaff v. Gerner, 541 Pa. 146, 303 A.2d 826 (1973); Pape v. Smith, 227 Pa. S. 80, 323 A.2d 856 (1974); Amabile v. Auto Kleen Car Wash, 249 Pa. S. 240, 376 A.2d 247 (1977); Fiffich v. GAF Corp., 412 Pa.Super. 261, 603 A.2d 208, 210 (1992). The pleadings, exhibits and affidavits of the Plaintiff in the instant case establish conclusively that there are no genuine issues of material fact and that Plaintiff is entitled to judgment as a matter of law. B. PLAINTIFF IS ENTITLED TO SUMMARY JUDGMENT AS A MATTER OF LAW. There is only one basic issue in an ejectment action - that of the right of possession. Vlachos v. Witherow, 188 A.2d 174, 383 Pa. 174 (1955); Grossman v. Hill, 122 A.2d 69, 384 Pa. 590 (1956); Brennan v. Shore Bros, 110 A.2d 401, 380 Pa. 283 (1955); Henry v. Huff, 22 A. 1046, 143 Pa. 548 (1891); Doman v. Brogan, 592 A.2d 104, 108 (Pa. Super. Ct. 1991). The Plaintiff has the obligation to prove its right to immediate exclusive possession, and that the Defendants are in possession. Sautter v. Rowland, 131 A. 733, 285 Pa. 212 (1926); Rotunno v. Joseph, 53 A.2d 825, 161 Pa.Super. 57 (1947). The Plaintiff hereunder has proven that it holds prima facie good title. Perkiomen R. Co. v. Kremer, 67 A. 913, 218 Pa. 641 (1907); Howell v. Mellon, 32 A. 450, 169 Pa. 138 (1895); Hallman v. Turns, supra. Once the Plaintiff has established, through prima facie evidence, that such title exists, the burden of going forward with the evidence shifts to the Defendant. The right to possession of a premises is presumed in favor of the person in whom the title is found or conceded. The Answering Defendant hereunder has not raised a single shred of evidence to challenge the Plaintiff's title claim. Case law has long held that such alleged defenses to an Ejectment action do not give rise to a viable defense. Healer v. Hosack, 47 A. 847, 197 Pa. 631 (1901); Moore v. Miller, 23 A. 601, 147 Pa. 378 (1892); Ireland v. Ba aley, 12 A. 321, 118 Pa. 148 (1888); Logan v. Quigley, 11 A. 92 (1887). The Answering Defendant had the opportunity to file a Petition to Set Aside the Sheriff's Sale before the Sheriff's Deed Poll was recorded. She elected not to do so. She is precluded from asserting rights she has since waived under and in accordance with Citiano herein above cited. Motion for Summary Judgment is appropriate under two scenarios: (1) in the absence of a dispute as to any material fact [emphasis added]; and (2) in the absence of evidence sufficient to permit a jury to find a fact essential to the cause of action or defense. It is clear from a review of the Answer containing New Matter that the Answering Defendant has no defense to the material allegations of this case. CONCLUSION WHEREFORE, the Plaintiff respectfully requests that the Honorable Court grant judgment in favor of the Plaintiff and against Defendant for possession of the premises located at 701 Belmont Avenue, Mechanicsburg, PA 17055. Respectfully Submitted, MARTHA E. VON ROSENSTIEL P.C. / Martha E. Von Rosenstiel, Esquire PA Attorney ID No. 52634 Attorney for Plaintiff 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Date: April 9, 2012 a??3 ?_A 1111111111111 Tax Parcel No. 13-240795-088 Know all Men by these Presents 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 Duetsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset Backed Pass-Through Certiciates, Series 2004-W11. 2011-1355 Civil Term Deutsche Bank National Trust Company Vs Terri L. Doutrich Atty: Terrance McCabe ALL that certain tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with survey and plan thereof made by Gerrit J. Betz, Registered Surveyor, dated January 2, 1970, as follows: BEGINNING at the intersection of the eastern line of Belmont Avenue and the southern line of Maple Avenue; thence along the southern line of Maple Avenue North 52 degrees 10 minutes East, one hundred sixty-thrce and twenty-seven hundredths (163.27) feet to a fence post, a comer, thence along the western line of Windsor Place South 26 degrees 45 minutes East, one hundred twenty-two and twenty-eight hundredths (122.28) feet to a fence post; thence along Lots Nos. 14, 13, 12, 11, 10, 9 and 8 on the hereinafter mentioned plan of lots South 52 degrees 10 minutes West, one hundred seventy -four and ninety-three hundredths (174.93) feet to an iron pin on the eastern line of Belmont Avenue; thence along the same North 21 degrees 30 minutes West, one hundred twenty-five and five hundredths (125.05) feet to the point and place of BEGINNING. 701 Belmont Avenue, Mechanicsburg, Pennsylvania 17055. BEING the same premises which TIMOTHY H. M. DOUTRICH AND TERRI L. DOUTRICH, HIS WIFE by deed dated January 15, 1999 and recorded December 29, 1999 in the office of the Recorder in and for Cumberland County in Deed Book 214, Page 10, granted and conveyed to Terri Doutrich in fee. TAX MAP PARCEL NUMBER: 13240795088 The same having been sold by me to the said grantee on the 7th day of December, 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 22nd of July Anno Domini 2011 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Eleven (2011) Number 1355 at the suit of Deutsche Bank National Trust Company, as Trustee for Argent Securities inc., Asset-Backed Pass Through Certificate, Series 2004-W11 v Terri Doutrich. In Witness Whereof, I have hereunto affixed my signature this 17th day of January Anno Domini Two Thousand and Twelve (2012) 406R. 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 17th day of January Anno Domini Two Thousand and 00 A ? '• ?Qu ? ??,.I i M y? -S? •. (? YYYY?hhhh4 S ??1:. F+ . N, .? . • . '^'' `fib - `? % NO Prothonotary,l my Comroyaon (2012) Amd County, Cassia, PA "* R4 dal' Of*L W14 I hereby certify that the residence And Post Office address of the Within Grantee is 3 ADA Irvine, CA 92618 Solicitor REV-183 EX (04-10) ,? pennsylvania cePARTMdAr OF REVENUE Bureau of Individual Taxes PO Box 284603 Harrisbura. PA 17128-0603 REALTY TRANSFER TAX STATEMENT OF VALUE See reverse for instructions. City Philadelphia Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set loan to the oeea, (q the deed is without consideration or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on family relationship or public utility easement. If more space is needed, attach additional sheets. A. CORRESPONDENT - Ail inquires may be directed_ to the following person: Name Telephone Number McCabe, Weisberg and Conway, P.? 215-790-1010 Mailing Address 123 S. Broad Street, Suite 2080 B. TRANSFER DATA Grantor(s)lLessogs) Sheriff of Cumberland Mailing Address 1 Courthouse Square, Third Floor City State Zip Cod Carlisle PA 117013 RECORDER'S USE ONLY Slate Zip Code PA , 19109 C. Date of Acceptance of Document Grantee(s)/Lessee(s) Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-w11 - Mailing Address - 3 ADA e City State Zip Code Irvine CA 92618 D. REAL ESTATE LOCATION - - -- Street Address --- City, Township, Borough 701 Belmont Avenue Lower Allen Township - County School District I Tax Parcel Number West Shore Cumberland 13-240795-088 E. VALUATION DATA - WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION? ? Y ? N - 1. Actual Cash Consideration 2. Other consideration 3. Total Consideration +0,00 _ $"5:e6 4. County Assessed Value 5. Common Level Ratio Factor 6. Fair Markel Value 00 118 900 $118,900.00 x 1.00 --- -- - --- . . - --- F. EXEMPTION DATA - 1 a. Amount of Exemption Claimed 1 b. Percentage of Grantor's Interest in Real Estate 1 c- Percentage of Grantor's Interest Conveyed 100% 1000/0 100% Check Appropriate Box Below for Exemption Claimed. m Will or intestate succession. (Estate File Number) (Name of Decedent) Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) Transfer from a trust. Date of transfer into the trust If trust was amended attach a copy of original amended trust. p Transfer between principal and agentistraw party. (Attach complete copy of agency/straw party agreement.) Transfers to the commonwealth, the U.S. and instrumentalities by gift, dedication, condemnation or in lieu of con- demnation. (If condemnation or in lieu of condemnation, attach a copy of resolution.) Transfer from mortgage to a holder of a mortgage in default. (Attach copy of mortgage and notelassignment.) p Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.) E3 Statutory corporate consolidation, merger, or division. (Attach copy of article.) Other (Please explain exemption claimed.) Property was solo at Sheriff sale on perember 7. 2011 to Deutsche Bank National Trust Company, as Trustee for Ardent Securities InC Asset-Backed Pass-Through Certificates Series 2004-W11 as holler of a Under penalties of law, I declare it I hay xammed this statement, Including accompanying information, and to the best of my knowledge and 2-11', it is e, correct and complete. Signature of Correspondent or Respo le Party Date FAILURE TO COMPLET T iS O P PERLY O QUESTED DOCUMENTATION MA ESULT IN THE RECORDER'S REFUS 0 RECORD THE DEED. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201202813 Recorded On 1/27/2012 At 2:20:38 PM * Instrument Type - DEED-SHERIFF'S Invoice Number - 100%1 User ID - SW * Grantor - DOUTRICH, TERRI L * Grantee - DEUTSCHE BANK NATIONAL TR CO * Customer - CUMBERLAND COUNTY SHERIFF * FSES 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 WEST SHORE SCHOOL $0.00 DISTRICT LOWER ALLEN TOWNSHIP $0.00 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 of . q ? s ° RECORDER O D 2ODS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. I Supreme Court of Pennsylvania Court of Common Pleas for ProihonaiarPt'seontr: Civil Cover Sheet Zq`5?4CF-c- Docker No: Cumberland County to _ l pq5 oiVil7i-itst The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the frlin and set-vice of leadin s or other a ers as rc zaired hr laze or rules o court. S Commencement of Action: E x Complaint ? Writ of Summons c Petition ? Transfer from Another Jurisdiction o Declaration of Taking C' Lead Plaintiff s Name: DEUTSCHE 13ANK NATIONAL Lead Defendant's Name: TERRI DOUTRICH OR OCCUPANTS T TRUST COMPANY, AS TRUSTEE FOR ARGENT j SECURITIES INC., ASSET-BACKED PASS- 0 THROUGH CERTIFICATES, SERIES 2004-W1 I N Are money damages requested? : ? Yes X No Dollar Amount Requested: within arbitration li rnits A Check one) outside arbitration limits Is this a Class Action Suit? De Yes OX No Is this an MDJA eal? c Yes ?X No Name of Plaintiff/Appellant's Attorney: Martha Von Rosenstiel, Esa. tj Check here if you are a Self Re resented Pro Se Litigant Nature. of the Case: Plaice an "X", to the left of the ONE case category that most accurately describes yo1w PRLVf4RYCA.SE. If you are making more than one type of clain3? chect the one that you consider most important. TORT (do nor inchide -s T ori) © lntelltional © malicious Prosecution ? Motor Vehicle 'Nuisance Premises Liability ? Product Liability rocs rot irchide nrass rort1 Slandar: Libel:' Dcfaznation Other: CONTRACT {do not inc:rde Judgments) Buyer Plaintiff © Debt Collection: Credit Card Debt Collection: Other Employment Dispute: Disc inuutation [I Employnlelit Dispute: Oilier Other: CIVIL kPPEALS Adnnini:strative Agencies © Board of Assessment Board of Elections Dept. of Transportation © Statutory Appeal: Other ? Zonina Board © Other: B REAL PROPERTY Ejectment Eminent Doinaurcoudezmiation ? Ground Rent ? Landlord"Tetnant Dispute ? Mortgage Foreclostue: Residential ? Mortgage Foreclosure: Commercial Partition 0 Quiet Title Other: X11SCELi ANEOL-S Con-mion Law"Stanitory Arbitration Declaratory Jiidgznent -mall,daillus on-Dorllestic Relations © Restraining Order Quo Warranto © Reple nl ? Other: t:'zrrir. reA 1:'1;'1 frll GX.-Vx -V) Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 2004- W11 3 ADA Irvine, CA 92618 G. TERRI DOUTRICH OR OCCUPANTS 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s) 29534-CFC-EM Attorney for Plaintiff COURT OF C©MMON PLEAS OF Plaintiff CUMBERLANAD COUNTY /0q. 1695; Iri I TeJc- ?c NO. r CIVIL ACTION - EJECTMENT -1 C NOTICE ADVIS40 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificaeion. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO . ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. S1 USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-W11 3 ADA Irvine, CA 92618 V. Plaintiff : TERRI DOUTRICH OR OCCUPANTS 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s) 29534-CFC-EM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. CIVIL ACTION - EJECTMENT 1. Plaintiff, Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-W11, is the owner of premises known as 701 Belmont Avenue, Mechanicsburg, PA 17055, more fully described in the legal description, a true and correct copy is attached hereto, made part hereof and marked as Exhibit 1. 2. Plaintiff claims title to the aforesaid property by virtue of a Sheriffs sale held on December 07, 2011, in the execution of a judgment in mortgage foreclosure obtained in the Court of Common Pleas of Cumberland County, Docket No. 2411-1355 where Plaintiff was the successful bidder. 3. The Plaintiff became the owner of the said property by a sheriff's deed recorded on January 27, 2012 in the Office of the Recorder of Cumberland County at Instrument No. 201202813, said Deed being a matter of public record and said recording information provided in lieu of a copy of the Deed, pursuant to Pa.R.C.P. 1019(g). 4. Plaintiff, by virtue of the aforesaid title, is the owner in fee of the said premises, and is entitled to possession thereof The Defendants Terri Doutrich or Occupants are occupying the said premises without right, and so far as the Plaintiff is informed, without clai. in of title. WHEREFORE, plaintiff demands judgment for possession of 701 Belmont Avenue, Mechanicsburg, PA 17055. Respectfully Submitted, MARTHA E. VON ROShNSTtEL, P.C. BY: Martha E. Von Ro senstiel, Esquire Jacqueline F. McNally, Esquire Attorneys for Plaintiff VERIFICATION I verify that the statements made in the foregoing documents are true and correct and are matters of public record. I understand that false statements herein are made subject to penalties of 18 Pa C. S, Section 4904 relating to unswom falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: Martha E. Von Rosenstiel, Esquire Jacqueline F. McNally, Esquire Attorneys for Plaintiff Dated: February 17, 2012 EXHIBIT I ALL that certain tract or parcel of land situatc in I owcr Allen Township, Cumberland Cacxnty, Pennsylvania, bcaunded and described in accordance with survey and plate thereof rMde by Gerrit J. 13ctr, Rcgistcred Surveyor, dated January 2, 1970, as follows: BEGINNING at the ints uxtion of the eastern lute of Belmont Avenue and the southern Line of Maple Averme; thence along the southern line of Maple Avenue North 52 degrees 10 mirautes Fast, one ,htmdred sixty-three and twenty seven hundredths (163,27) feet to a fence post. acomer, thence along The Western line of Windsor Place South 26 degrees 4a minutes East, one hundred tWer:ty-two and t- wenty-eight hundredths (122.28) feet to a fence post; thcrive along Lots Vos. 14, 13, 12, it. 10, 9 and 8 on the hereinafter mentioned plan of lots South 52 degrees 10 minutes Vkst, one hundred seventy .four and ninety-three hundredths (171.93) feet to an iron pin. on the eastern line of Belmont Avenue; thence along the same North 21 degrees 30 minutes West, one hund:'ed twenty-five and five hundredt?ns (125.05) feet to the point and pittcc of REGIN1'411' G, 701 Belmont. Avcrttc:, Mechanicsburg, Pennsylvania 1:7055. BF,ING the same Prctnires which'FlMC)1'"y 11. M. DOi.l'TR.IC II AND TERRI L. I7K)x.f MK-H, 1115 W I1,E by deed dated Januans l5, 1999 and recorded December 29, 1999 in the officie of the Recorder in and far' Cumberland County in Deed Book 214, Page 10, granted and convey,cd to 'Perri Doutrich in fez. TAX MAP PARCFl,'NIvlMRFR: 13240795098 AND BEING the same premises which were sold to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2004-Wl1, as Trustee by the Sheriff taf CUMBERLAND County on December 07,201,1 in execution of a judgment in mortgage foreclosure entered in the Court of Common Pleas of CUMBERLAND County Docket No. 2011-1355. 5 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 med(cr,jdsw.com DEUTSCH BANK NATIONAL TRUST COMPANY, Plaintiff V, TERRI DOUTRICH, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-1095 NOTICE TO PLEAD TO: Martha E. Von Rosenstiel, Esquire Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit #7 Secane, PA 19018 YOU ARE HEREBY notified to plead to the within. New Matter of Defendant within twenty (20) days. Date: :485545 JOHNSON, DUFFIE, STEWART & WEIDNER By: ?._ L Mark C. Duffle Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd(d?jdsw.com DEUTSCH BANK NATIONAL TRUST COMPANY, Plaintiff V. TERRI DOUTRICH, Defendant Attorneys for Defendant IN THE COURT OF COMX40N. PLEAS OF CUMBERLAND COUNTY-, PERNISYLVANIA NO. 12-1095 ANSWER TO PLAINTIFF'S CIVIL ACTION - EJECTMENT AND NEW MATTER AND NOW, comes the Defendant, Terri Doutrich, by and through her counsel, Johnson, Duffle, Stewart & Weidner, and files this Answer to Plaintiff's Civil Action - Ej ectment and New Matter in support thereof avers as follows: Admitted in part and denied in part. It is admitted that Plaintiff, ]Deutsch Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass- Through Certificates, Series 2004 - W1 1, is the legal owner of the premises known as 701 Belmont Avenue, Mechanicsburg, PA 17055, described in Exhibit I to Plaintiff's Complaint. It is denied in that Plaintiff is not the equitable owner of the property. 2. Admitted. Admitted. 4. Admitted in part and denied in part. It is admitted that Plaintiff, by virtue of the aforesaid title, is the legal owner of the said premises. The equitable owner of the said premises is L33t Games, Inc. It is further denied that the Defendant, Terri Doutrich, is occupying the premises without right, or claim of title. The equitable owner, L33t Games, Inc., has no objection to her continuing to occupy the premises. WHEREFORE, Defendant requests this honorable Court deny Plaintiff s Action in Ejectment with respect to 701 Belmont Avenue, Mechanicsburg, PA 17055, NEW MATTER 5. The response of averments set forth in paragraphs 1 - 4 are incorporated herein as if set forth fully. 6. On or about March 3, 2012, the Plaintiff accepted an offer to purchase the property from L' )3t Games, Inc., which is scheduled to close on or before March 30, 2012. 7. By virtue of their having entered into an Agreement of Sale with the Plaintiff, L33t Games, Inc., is the equitable owner of the property located at 701 Belmont Avenue, Mechanicsburg, PA 17055. 8. As equitable owner of the property- located at 701 Belmont Avenue, Mechanicsburg, PA 17055, L33t Games, Inc., made the offer which the Plaintiff accepted with the knowledge that Terri Doutrich would be in possession of the property. 9. L33t Games, Inc., has no desire to eject or otherwise forcibly remove Terri Doutrich from the property located at 701 Belmont Avenue, Mechanicsburg, PA 17055. WHEREFORE, Defendant requests this honorable Court to dismiss Plaintiff's Action in Ejectment as it pertains to 701 Belmont Avenue, Mechanicsburg, PA 17055. Respectfully submitted, JOHNSON, DUTFIE, STEWART & WEIDNER By.? Mark C. uffie CERTIFICATE OF SERVICE AND NOW, this f 1, day of March, 2012, the undersigned does hereby certify that he did this date serve a copy of her Answer to Plaintiff s Civil Action - Ejectment and New Matter upon counsel of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Martha E. Von Rosenstiel, Esq. Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit #7 Secane, PA 19018 JOHNSON, DUFFIE, STEWART & WEIDNER By. L'f Mark C. Duffie 485442 VERIFICATION i, TERRI DOUTRICH, verify that the statements made in this Answer to Plaintiff's Civil Action - Ejectment and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Date: i fv TERRI DOUTRICH :485474 ro MARTHA E. VON ROSENSTIEL, P.C. 29534-CFC-EM Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No, 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS COURT OF COMMON PLEAS OF TRUSTEE FOR ARGENT SECURITIES INC., ASSET- CUMBERLAND COUNTY BACKED PASS-THROUGH CERTIFICATES, SERIES 2004- Wi l 3 ADA Irvine, CA 92618 Plaintiff V. NO. 12-1095 Civil Term TERRI DOUTRICH OR OCCUPANTS 701 Belmont Avenue Mechanicsburg, PA 17055 Defendant(s) PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-W11, by and through its attorneys of record, Martha E. Von Rosenstiel, P.C., hereby responds to Defendant's New Matter to Plaintiff's Complaint in Ejectment and in support thereof, avers the following: 5. Paragraph 5 of the Defendant's New Matter is an incorporation Paragraph to which no responsive pleading is required. 6. Admitted that Plaintiff signed such an agreement. Denied that the closing on the property has taken place. 7. Admitted. 8. Neither admitted nor denied. Plaintiff lacks sufficient information to form a belief as to the knowledge, belief or intent of the purchaser of the property. Strict proof, if relevant, is demanded. 9. Neither admitted nor denied. Plaintiff lacks sufficient information to form a belief as to the knowledge, belief or intent of the purchaser of the property. Strict proof, if relevant, is demanded. The Plaintiff is the real and current entitled owner of the Foreclosed Premises located at 701 Belmont Avenue, Mechanicsburg, PA 17055 and is entitled to possession thereof. WHEREFORE, Plaintiff respectfully requests that Defendants' New Matter be stricken with prejudice and that judgment for Possession be entered in favor of the Plaintiff and against the Defendant. Respectfully Submitted, r: MARTHA E. VON ROSENSTPL, P.C. f ? - ------------ 12L BY' Martha E. Von Rosenstiel, Esquire Jacqueline F. McNally, Esquire Attorneys for Plaintiff Date: April 5, 2012 VERIFICATION Martha E. Von Rosenstiel hereby states that she is the attorney for the Plaintiff, Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc., Asset-Backed Pass- Through Certificates, Series 2004-WI 1, that she is duly authorized to take this Verification on behalf of the Plaintiff; that any factual statements in this Reply to New Matter are matters of public record and verifies that the statements made in the foregoing pleading are true and correct to the best of her information and belief. ,/?ubj ect to the penalties The undersigned understands that the statements therein are made of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authority Martha E. Von Rosenstiel z Dated: r MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Jacqueline F. McNally, Esquire / No. 201332 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff 29534-CFC-EM DEUTSCHE BANK NATIONAL TRUST COMPANY, AS COURT OF COMMON PLEAS OF TRUSTEE FOR ARGENT SECURITIES INC., ASSET- CUMBERLAND COUNTY BACKED PASS-THROUGH CERTIFICATES, SERIES 2004- W11 Plaintiff V. NO. 12-1095 Civil Term TERRI DOUTRICH OR OCCUPANTS Defendant(s) CERTIFICATION OF SERVICE Martha E. Von Rosenstiel, Esquire hereby certifies that she is the attorney for the plaintiff herein, and that service of the Plaintiff's Reply to New Matter in the above matter was made upon attorney for the Defendant as follows: Mark C. Duffle, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 by regular first class mail, postage prepaid, deposited with the United States Postal Service on March 14, 2012. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENS'TIEL, P.C. BY: Martha E. Von Rosenstiel, Esquire Jacqueline F. McNally, Esquire Attorneys for Plaintiff Dated: April 5, 2012 Martha E. Von Rosenstiel, Esquire Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR ARGENT CUMBERLAND COUNTY SECURITIES INC., ASSET-BACKED PASS- : THROUGH CERTIFICATES, SERIES 2004- W11 PLAINTIFF : CASE NO: 12-1095 Civil Term vs. TERRI DOUTRICH OR OCCUPANTS DEFENDANT CERTIFICATION OF SERVICE Martha E Von Rosenstiel, Esquire hereby certifies that she is the attorney for the Plaintiff herein, and that service of the Motion for Summary Judgment, brief in support thereof, attached exhibits and proposed order in the above matter was made upon attorney for the Defendant: Mark C. Duffle, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 by regular first class mail, postage prepaid, deposited with the United States Postal Service on April li, 2012. This verification is made subject to the penalties of 18 Pa.C.S. §404 relating to unsworn falsification to authorities. Martba'E. Von Rosenstiel Attorney for Plaintiff Dated: April'(l, 2012 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR ARGENT CUMBERLAND COUNTY SECURITIES INC., ASSET-BACKED PASS-: THROUGH CERTIFICATES, SERIES 2004- W11 Plaintiff : Case No: 12-1095 Civil Term vs. TERRI DOUTRICH OR OCCUPANTS Defendant ORDER AND NOW, to wit, this day of , 2012, upon consideration of Plaintiff's Motion for Summary Judgment and any response thereto (if any), it is hereby: ORDERED and DECREED that judgment is entered in favor of the Plaintiff and against the Defendant for possession of the property located at 701 Belmont Avenue, Mechanicsburg, PA 17055. BY THE COURT: J. s Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle 1. D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ill? PiY I $ PM ?: rt PEP'1NSYLVANI/ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2004- W11, Plaintiff V. TERRI DOUTRICH OR OCCUPANTS Defendant ANSWER TO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-1095 CIVIL TERM PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Defendant, Terri Doutrich, by and through her attorneys Johnson, Duffie, Stewart & Weidner, and answers Plaintifft's Motion for Summary Judgment and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. The averments set forth in paragraph 4 are a legal conclusion to which no responsive pleading is required. To the extent or responsive pleading is required the same is denied. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. The averments set forth in paragraph 9 are a legal conclusion to which no responsive pleading is required. To the extent or responsive pleading is required the same is denied. 10. The averments set forth in paragraph 10 are a legal conclusion to which no responsive pleading is required. To the extent or responsive pleading is required the same is denied. 11. The averments set forth in paragraph 11 are a legal conclusion to which no responsive pleading is required. To the extent or responsive pleading is required the same is denied. 12. The averments set forth in paragraph 12 are a legal conclusion to which no responsive pleading is required. To the extent or responsive pleading is required the same is denied. 13. The averments set forth in paragraph 13 are a legal conclusion to which no responsive pleading is required. To the extent or responsive pleading is required the same is denied. WHEREFORE, the Defendant, respectfully requests this Honorable Court deny Plaintiff's Motion for Summary Judgment. Respectfully Submitted, Mark C. Duffie :496461 CERTIFICATE OF SERVICE AND NOW, this it day of May, 2012, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answer to Plaintiff's Motion upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Martha E. Von Rosenstiel, P.C. Attorney at Law 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19050 JOHNSON, DUFFIE, STIR A T & WEIDNER By: Mark C. CA/AL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) ------- ------------------------------------------------------------------------------------------------------------- CAPTION OF CASE 4'° " (entirle caption must be stated in full) c?7 r" r Deutsche Bank National Trust Company k 0 CD - vs. -.ems Terri Doutrich or Occupants -,`- - ' 12-1095 Civil yr No. T ,; 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Martha E. Von Rosenstiel, Esquire (Name and Address) 649 South Avenue, Unit 7, Secane, PA 19018 (b) for defendants: Mark C. Duffie, Esquire (Name and Address) 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 3. 1 will notify all parties in writing within two days that this case has been listed for .argument. j 4. Argument Court Date: Signature kky4-ci,- E, Print your name Date: May 24, 2012 ?. Attorney ford crjk? INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 41q.-75 PD A` W 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ;S?a3q C ADMINISTRATOR (not the Prothonotary) after the case is relisted. p ?aT5$?O 'Ahnson, Duffle, Stewart & Weidner By: Mark C. Duffle I. D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS- THROUGH CERTIFICATES, SERIES 2004- W11, Plaintiff V. TERRI -DOUTRICH OR OCCUPANTS Defendant ., THE pROTHONO Ai 241-2 JUL 18 AM 10' V 0 CU p LAND COUNTV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER NO. 12-1095 CIVIL TERM AND NOW, this IF*. day of July, 2012, upon review of Defendant's Consent to Entry of Summary Judgment, Plaintiff's Summary Judgment is hereby granted. BY THE COU T: Thoma A. V J. common pleaS 3udge Distribution Schedule: :Counsel for Defendant: Mark C. Duffie, Esquire, 301 Market Street, P. O. Box 109, Lemoyne, PA 17043-0109 Counsel for Plaintiff: Martha E. Von Rosenstiel, P.C., Attorney at Law, 649 South Avenue, Unit 7, P.O. Box 307, Secane, PA 19050 ee6 majed -7/Y//? AV& :505084 29534- CPG -EM (disc & ends) Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire/ Attorney I.D. # 52634 Heather Riloff, Esquire/ Attorney I.D. #309906 649 South Avenue, Unit 6 Secane, PA 19018 610 328-2887 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ARGENT SECURITIES INC., ASSET-BACKED PASS-: THROUGH CERTIFICATES, SERIES 2004- W11 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 12-1095 CIVIL TERM PLAINTIFF VS. TERRI DOUTRICH OR OCCUPANTS DEFENDANTS i c., ~ R..~ ~ ~w m~ G ~' ~=- zf ~' r~-~ ca ~ ~ ,,,~cca ~ cs -v ~ -s; x {~ z~ ~~ ~ ~~. ~% PRAECIPE TO MARK CASE DISCONTINUED AND ENDED TO THE PROTHONOTARY Kindly mark this action discontinued and ended without prejudice. Respectfully Submitted, ; MA A E. VON ROSENSTIEL, P C. ,'` ,~BY: f Martha E. Von Rosenstiel, Esquire Heather Riloff, Esquire Attorneys for Plaintiff Dated: August 09, 2012 ,`"