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HomeMy WebLinkAbout12-6438Martha 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 "L? !-C "f tai TF1L'fOTNGNOTAr i 2312 OCT 15 Aid !!= 49 ,'UM ERLA,'ND COUNTY IEHNSYLVANIA JPMORGAN CHASE BANK, NATIONAL ASSOCIATION 3415 Vision Drive Columbus, OH 43219 Plaintiff V. ARACELIS RIVERA AND TERESA BOWEN OR OCCUPANTS 111 South Washington Street Mechanicsburg, PA 17055 30608-CFC-EM Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 0VLI NO. );-(Jq33 f Defendant(s) : NOTICE ADVISO 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 ban 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 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 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 AGENCIES 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 CIVIL ACTION - EJECTMENT cxu\ 0"".' ? SPA a? ?? S3(alS ??ag19S(o MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff JPMORCAN CHASE BANK, NATIONAL ASSOCIATION 3415 Vision Drive Columbus, OH 43219 V. 30608-CFC-EM : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiff NO. ARACELIS RIVERA AND TERESA BOWEN OR OCCUPANTS 111 South Washington Street Mechanicsburg, PA 17055 Defendant(s) CIVIL ACTION - EJECTMENT 1. Plaintiff, JPMorgan Chase Bank, National Association, is the owner of premises known as 111 South Washington Street, 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 July 11, 2012, in the execution of a judgment in mortgage foreclosure obtained in the Court of Common Pleas of Cumberland County, Docket No. 2011-9249 where Plaintiff was the successful bidder. 3. The Plaintiff became the owner of the said property by a sheriff's deed recorded on August 14, 2012 in the Office of the Recorder of Cumberland County at Instrument No. 201224631, 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(8). 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 Aracelis Rivera and Teresa Bowen or Occupants are occupying the said premises without right, and so far as the Plaintiff is informed, without claim of title. 5. On August 16, 2012, Plaintiff sent a notice to vacate to the Occupants. A true and correct copy is attached hereto, made part hereof and marked as Exhibit II. WHEREFORE, plaintiff demands judgment for possession of 111 South Washington Street, Mechanicsburg, PA 17055. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. B Martha E. Von Ros Vnst 1, j ire Heather Riloff, Esq 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 unworn falsification to authorities. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: ?._ Martha E. Von Rosensti , E uire Heather Riloff, Esquire Attorneys for Plaintiff Dated: October 12, 2012 EXHIBIT I ALL that certain tract of land situate in the Borough of Mechanicsburg, County of Cumberland, State: of Pennsylvania, bounded and described as follows, to wit: ON the West by South Washington Street; on the North and East by an Alley; and on the South by land now or late of Dorothy L. Fishel. HAVING a frontage of 35 foot, more or less, on South Washington Street and extending 135 feet, more or less, in depth. BEING improved with a two story dwelling house known as No. I I I South Washington Street. BEING the same premises which Keith E. Nailor by Deed dated January 22, 2001. and recorded in the Office of the Recorder of Deeds of Cumberland County on January 23, 2001 in Deed Book Volume 238, Page 206, granted and conveyed unto Michael L. Stone. AND BEING the same premises which were sold to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Trustee by the Sheriff of CUMBERLAND County on July 11, 2012 in execution of a judgment in mortgage foreclosure entered in the Court of Common Pleas of CUMBERLAND County Docket No. 2011-9249. MARTHA E. VON ROSENSTIEL, P.C. ATTORNEY AT LAW 649 SOUTH AVENUE, UNIT 7 SECANE, PA 19018 Martha E. Von Rosenstiel, Esquire Phone (610) 328-2887 Heather Riloff, Esquire Fax (610) 328-2649 MICHAEL STONE OR OCCUPANTS 111 South Washington Street Mechanicsburg, PA 17055 NOTICE TO VACATE PROPERTY NOTICE IS HEREBY GIVEN THAT JPMorgan Chase Bank, National Association, or its predecessor in interest, acquired title to the Premises at a foreclosure sale held July 11, 2012 and perfected title by deed recorded on August 14, 2012 at Instrument No. 201224631 in the Office of the Recorder of Cumberland County. The Federal "Protecting Tenants at Foreclosure Act of 2009" ("PTFA") grants certain rights and protections to any occupant of the Premises who is a "bona fide" tenant, as defined by the PTFA. JPMorgan Chase Bank, National Association is informed and believes that no occupant of the Premises is a "bona fide" tenant as defined by the PTFA, which include the giving of at least ninety (90) days Notice to Vacate. TEN (10) DAY NOTICE TO VACATE. If you are a former owner or a person who is not a "bona fide" tenant under the PTFA, JPMorgan Chase Bank, National Association terminates any and all rights to occupancy and instructs you to vacate the Premises no later than ten (1.0) days following delivery of this letter. ALTERNATIVE NINETY (90) DAY NOTICE In the event any occupant of the Premises is a bona fide tenant as defined by 1 TFA, this letter is the NINETY (90) DAY Notice to Vacate as required by PTFA. Thus, all occupants are required within ten (10) days after receipt by you of this Notice EITHER to produce acceptable evidence to this law firm that the occupant is entitled to the protections of the PTFA OR to vacate and surrender possession of the Premises to JPMorgan Chase Bank, National Association, through, its agent, who can be reached at from 9:00 a.m. to 5:00 p.m. on all business days. Failure to supply the acceptable evidence or to vacate within that time will result in an eviction proceeding for possession of the Premises being filed. Please see the next paragraph for instructions on how to supply this evidence. THE EVICTION WILL BE FILED WITHIN TEN (10) DAYS OF YOUR RECEIPT OF THIS LETTER UNLESS THIS FIRM AGREES IN WRITING NOT TO COMMENCE THE EVICTION. BONA FIDE TENANT INFORMATION AS PROVIDED UNDER THE P.T.F.A., YOU MAY HAVE THE RIGHT TO CONTINUE AS A TENANT FOR THE REMAINDER OF YOUR LEASE 1C3y*V>i k?-X OR NINETY (90) DAYS FROM THE DATE YOU ARE GIVEN NO'T'ICE TO VACATE, WHICHEVER IS LONGER. IN EITHER CASE, THE NEW OWNER UNDER CERTAIN CIRCUMSTANCES CAN ONLY TERMINATE YOUR TENANCY AND EVICT YOU IF THE OWNER HAD GIVEN YOU NINETY (90) DAYS' NOTICE TO VACATE. YOU ARE PROTECTED BY THE P.T.F.A. IF: • The new owner became the Owner on or after May 20, 2009; • You were a tenant in the foreclosed Property at the time the new owner took title; • You are NOT the child, spouse, or parent of the former owner; • The lease or tenancy was the result of an arms-length transaction; and • Your rent is not substantially less than fair market rtent, or the unit's rent is reduced or subsidized due to a Federal, State or local subsidy. IF YOU BELIEVE YOU QUALIFY AS A BONA FIDE TENANT UNDER PTFA of the prior owner, you must provide the following documents: • A copy of your lease • If your lease is oral, proof of rent payment, a written explanation of the terms of the agreement under which you occupy the property including without limitation, the date you entered into the agreement, the names of all parties who entered into the agreement, the term of the agreement, the amount of monthly rent, the utilities paid by the landlord (if any), the amount of the security deposit (if any) • Description of any assistance received under the Department of Housing and Urban Development's Section 8 Housing Program; • A list of any conditions at the Property that require repair • A return phone number and the best time to reach you • The receipt for the last six (6) payments made to the landlord for the residence (or the length of time you have resided in the property, if less than six (6) months) by mail, fax, or in person to: Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit 6 Secane, PA 19018 Fax: 610-328-2649 For any questions, please call 610-328-2887 ext 27 IMPORTANT NOTICE TO S, EE.VICEMEMBERS AND THEIR DEPENDENTS: If you are or recently were on active duty or active service, or a dependent of such a servicemember, you may be eligible for benefits and protections under the federal Servicemenbers Relief Act (SCRA). This includes protection from foreclosure or eviction. You also may be eligible for benefits and protections under state law. SCRA and state military benefits and protections also may be available if you are the dependent of an eligible servicemenber. Eligible service can include: 1. Active duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; 2. Active service with the National Guard; 3. Active service as a commissioned officer of the National Oceanic and Atmospheric Administration; 4. Active service as a commissioned officer of the Public Health Service; or 5. Service with the forces of a nation with which the United States is allied in a war or military action. 6. Service with the National Guard or a state militia under a state call to duty; or 7. Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause. For more information on SCRA, please call the Law Office of Martha E. Von Esquire at 610-328-2887, Extension 27 Martha E. Von Rosenstiel Attorney for Plaintiff Date: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I' jL~~}-Qj*;: {~ :.Jj~ f ~~ ~~tQTf~Q}'~ali~~t~t' $heflff ~~~~`t~, pi ~1t~f~Grr/~rt6 Jody S Smith ~Q~~ ~O~ _9 ~M $. ~5 t~> Chief Deputy ~,.~ -- ~ ~: :~. Richard WStewart -" CUMBEj~~.A~tp COUN ~ ~ solicitor ~~~' E~~-~~~~~~~'F~ PENNSYL~ANjA JP Morgan Chase Bank, NA Case Number vs. 2012-6438 Aracelis Rivera (et al.) SHERIFF'S RETURN OF SERVICE 10/17/2012 11:45 AM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 17, 2012 at 1145 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Lindsay Bowen, Current Occupant and Daughter of Teresa Bowen, by making known unto Lindsay Bowen, at 111 S. Washington Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. UTSHALL, DEPUTY 10/17/2012 11:45 AM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 17, 2012 at 1145 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Greg Bowen, Current Occupant and Husband of Teresa Bowen, by making known unto Lindsay Bowen, at 111 S. Washington Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. S L ,DEPUTY 10/17/2012 11:45 AM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 17, 2012 at 1145 hours, he served a true copy of the within Complaint in Ejectment, upon the within named defendant, to wit: Teresa Bowen, by making known unto herself personally, at 111 S. Washington Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the TSHALL, DEPUTY 10/31/2012 05:36 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Ejectment by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Aracelis Rivera at 111 S. Washington Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. SHERIFF COST: $96.00 November 07, 2012 n~~ .~ J SON KINSLER, DEPUTY SO ANSWERS, ~~ RON R ANDERSON, SHERIFF (,c} CountySuite Shsrff, 1'elwsott, Irc.