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Home My WebLink About13-0402~ ~ ~ ; ~ -;. ~~ 7 ~.'; q't , ~G` " 11' ti ,- ~~~~ ~4 P~ J. ~ ~~~ e~,~'~~ ~ ~~~ ~ EH~S Y~ ~'~~~~~ r `~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Bank National Association Plaintiff, vs. Christopher Barr and/or Tenant/Occupant Defendants. CIVIL DIVISION NO. ~~~ ~~~ ~~~ COMPLAINT IN EJECTMENT Code: EJECTMENT Filed on behalf of Plaintiff Counsel of record for this p~-ry. Louis P. Vitti, Esquire Supreme Court #01072 Vitti. and Vitti and Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 S' a~ a~ 30~, ~ A~'1 !2 i# ~~ ~/ COMPLAINT IN EJECTMENT 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 TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND 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 SHOULD 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9107 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND PENNSYLVANIA CIVIL DIVISION PNC Bank, National Association ) )No. Plaintiff ) vs. ) Christopher Barr and/or Tenant/Occupant ) Defendants. ) COMPLAINT IN EJECTMENT AND NOW, comes the above-captioned Plaintiff, by and through its counsel, Louis P. Vitti & Associates, P.C. and Louis P. Vitti, Esquire, who files this Complaint in Ejectment as follows: 1. The Plaintiff is a corporation having a principal place of business located at 3232 Newmark Drive, Miamisbsurg, OH 45342. 2. The Defendant(s) are individuals, sui juris, whose last known address was 859 Mandy lane, Camp Hill, PA l 7011. 3. On the 27th Day of April, 2007 ,the Plaintiff or its predecessor in title lent to Defendant(s) and/or their predecessor(s) in title, the sum of Two Hundred One Thousand Four Hundred Eight Dollars and 00/100 ($201,408.00) Dollars, and in consideration thereof, the Defendant(s) and/or their predecessor(s) in title, executed a mortgage which was recorded on the 1st day of May, 2007, in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book Volume 1990, page 2273. 4. The premises secured by the mortgage (hereinafter "the Property")are described in the document that is attached hereto, made a part hereof, and called Exhibit "A". 5. The mortgage provides that, in the event of default, the holder thereof has the rights, inter alia, to take possession of the Property and to foreclose the mortgage. 6. Since February 1, 2012, the mortgage has been in default by reason of the failure of the mortgagor(s) to make appropriate payments. 7. An action in mortgage foreclosure was instituted in the Court of Common Pleas of Cumberland County at No. 12-4139, and ultimately a sheriffs sale of the Property -- at which Plaintiff or its predecessor in title was the successful bidder -- occurred on December 5, 2012. 8. By deed dated December 31, 2012, and recorded January 14, 2013 in the Recorder's Office of Cumberland County at Instrument No. 201301433, the sheriff conveyed the property to Plaintiff PNC Bank, National Association. 9. Plaintiff, PNC Bank, National Association has the right to immediate possession of the Property. 10. Defendant(s) and/or all other occupants continue to occupy the Property. 11. Any alleged claim of Defendant(s) to possession of the Property is as or through the owner(s)/mortgagor(s) described in Paragraph 3 hereof. WHEREFORE, Plaintiff prays Your Honorable Court enter Judgment in favor of the Plaintiff, PNC Bank, National Association, for sole possession of the Property and vesting the title of said premises in the Plaintiff. Respectfully submitted, VITTI TTI & ASSO A ES, P.C. ~~~~~~ By: _ ouis P. Vitti, Esquire Attorney for Plaintiff ~~aB~~s •~~„ LEGAL ®ES~PtffPTION ~Y)~LIBIT ,~~„ ' ALL THAT CI~RTAIN piece ar parcd~oi land with the improvements thereon ereciBd situate, Eying and being in Hampden TownsihiD. Cumberland County, Pennsylvania, more particularly bountled and described as faliativs: BEGINNING -at n point on the werterly-right-of-way Iiae.of Mandy Laae, a fitly- (56) loot wide tight-ot way, which said point of beginning is located at the intersection of the westerly right-ai way line of Mandy Lane and the dividing line between .Lots Nos. 19S and f59 on toe Plan of Lots known ac Couptrywide, Section (A); from said point of bciDg alone fhc westerly line of Mandy Lent, SDUt6 zero (00) degrees fifty-nine (59) minutes forty- six (4U') seconds Wtst, s dtclance of eighty-five and.na oDe-hundr~atths (85.00) feet to n point an the dividing fine between Lots Nos. 157 and 158 oa the aforesaid plea of lots; thence, from said point along the dividing Rae between Lots Nos. I57 and 15B, South seventy-Dine (79) degrees twenty (ZO) minutes fifty-seven (57} seconds West, a distance of two hundred fifty tiro and three ono,huedredltis (2$Z.Q3) feet to a point on the easterly bank of the Condugulne! Creek; thence, fromaak! point along the easterly bank 4f the Condo; uinet Creek, North seven (07) degrees eight (08) minutes West, a d'tstanct,af.ninety and nn one-hundredths (90.D0) feet to a point on the dividing line between Lota Nos. 158 a~ 259; thence, fram said paint atone the dividing tine between Lots Nas. 158 and 159, North ciglity (80) degrees forty~ix (46) minutes forty-fonr (44) aceands Fast, a distance of two bnndred slsty-fhree and icvorrty-five one-hundredths (2b3.75) feet to a point, the paint and plecraf'YiBGiNNING. BEING Lot Na. 158 an the Plan of Cots:known as Countryside Section (A}, prepared by Charles ti1'. Junkies, Regtttered Surveyor, dated December 4,1973 and recorded in the Offue of the Recorder ofDeeds of Cumberland County on April i1, 1974, In Plan Book 25,T'sge 5. BGfNG TFIG SAMfi premises which $randan C. Baker and 3essica 13. Baker, h.naband and wife, 6g Dead bearing date the 27th day of April, 2807, and abaut to.be herowith recorded in the Off'iceof the fiemrder of Deeds in .and fvr the County of Cumberland, PeDnsylvanie, granted and~conveyed unto Christopher A. Barr. UfiDER AND SIIB,YEIC't' TO conditions and restrictions which now appear of Nord. PARC&I, #20.1.9-1598-?..ri6 VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint in Ejectment are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. ~u~ P. Vitti Dated: January 22, 2013