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HomeMy WebLinkAbout13-0498 1013J:4~28 p~ ~:~ ~~p~E~~~r~~ c ? ~~~s~'~v~arr°i~t~r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC Bank, National Association CIVIL DIVISION ~? ~~~/ NO. ~~-~~d Plaintiff, vs. William Imhoff, Phyllis Imhoff and/or Tenant/Occupant Defendants. COMPLAINT IN EJECTMENT Code: EJECTMENT Filed on behalf of Plaintiff Counsel of record for this p~'~ Louis P. Vitti, Esquire Supreme Court #01072 Vitti and Vitti and Assoc., P.C. 215 Fourth Avenue Pittsburgh, PA 15222 (412) 281-1725 S ~,~~ ~io~ ~spd a~ ~ aQ3as ~-~~~~g~ COMPLAINT IN EJECTMENT N TI E 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 MAYBE 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 1-800-990-9108 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC Bank, National Association Plaintiff, vs. William Imhoff, Phyllis Imhoff 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, Miamisburg, OH 453412. 2. The Defendant(s) are individuals, sui juris, whose last known address was 1398 Mountain Road, Newburg, PA 17240. 3. On the 1st day of August, 2008, the Plaintiff or its predecessor in title lent to Defendant(s) and/or their predecessor(s) in title, the sum of One Hundred Forty Five Thousand One Hundred Forty Five and 00/100 ($145,145.00) Dollars, and in consideration thereof, the Defendant(s) and/or their predecessor(s) in title, executed a mortgage which was recorded on the 26th day of August, 2008, in the Office of the Recorder of Deeds of Cumberland County at Instrument No. 200828936. 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 December 1, 2009, 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. 10-7442, 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, 2009 and recorded January 14, 2021 in the Recorder's Office of Cuumberland County at Instrument No. 201301444, 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 & I & ASSOCIATES, P.C. By: uis P. Vitti, Esquire Attorney for Plaintiff EXHIBIT "p'• ~.EGAt DESCRiPTrnry All that certain parcel of land situate in the Township of Upper Mlfryin, County of Cumberland, Commonwealth of Pennsylvania, being known and designated as follows: BEGINNING at an existing railroad spike at the Intersection of Chestnut Road Mountain Road (SR-400T) and Swartz Road (T-383), Road (T-500), North 34 degrees 52 minutes 7 seconds West 134,77 eehrto a setwron~ in~ thence along the division line between Loi No. 1 and Lot No.2 on .the hereinafter mentioned Final Plan the following two courses and distances: 1 N p , seconds Eest 232.02 feet, {2) thence South 59 degrees 14 minutes 01 seconds East 114.70 feet to a set railroad spike in the center Jine of Mountain Ro ad3Sdegrees 45 minutes 59 ( R-4007); thence through the centerline of Mountain Road (SR-4007] gnd continuing along the division line between Lot No.1 and Lat No.2, North 33 degrees 39 minutes 32 seconds East 170.00 feet to an existing railroad spike; thence a[ong lands naw or formerly of Mark L. and Theresa M. MYe+'s, South 43 degrees 05 minutes 30 seconds East 313.46 fee# to an existing pose thence with same South 89 degrees 37 minutes 55 seconds Wesf 201,87 fast to an 24 Inch white oak; thence along (ands now ar formerly of Robert T. Brumagln South t39 degrees 48 minutes 34 seconds West 279,43 feet th an existin exestmg BEGtNN1NG, g railroad spike, the place of CONTAINING 2.3386 arses and being !_ot No. 1 on a duly approved Final Subdivision Plan for Paul E McBride as prepared by Eric L. Diffenbaugh, P.L.S,, dated April 7, 2005 and recorded October 2$, 2p051n Cumberland County Plan Book 91, Page 77 Tax ID: 44.06-0041-004 VE~FICATION 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. • r • Louis P. Vitti Dated: January 22, 2013 2013 MAR 20 PJ4 2: 32 C>.ft'lKr, AND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC Bank, National Association ) Plaintiff, )No. 13-498 Civil ) VS. ) William Imhoff, Phyllis Imhoff ) and/or Tenant/Occupant ) Defendants. ) PRAECIPE FOR DFFA�Ti T JrT M ,NT TO: CUMBERLAND COUNTY PROTHONOTARY Please enter judgment for possession and/or ejectment as a result of the Defendants' failure to file an Answer and/or a responsive pleading for the property located at 1398 Mountain Road,Newburg, PA 17240. AVITT'I'A3k1T1T11I&ASSOC TES, P.C. , Esquire Attorney for Plaintiff a� W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC Bank, National Association ) Plaintiff, )No. 13-498 Civil ) vs. ) William Imhoff, Phyllis Imhoff ) and/or Tenant/occupant ) Defendants. ) CERTIFI ATION OF MAiT � I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on February 25, 2013, giving ten (10) day notice that judgment would be entered should no action be taken. VITT& I&ASS TES, P.C. B Louis P. Vitti, Esquire Attorney for Plaintiff SWORN to and subscribed befo me this 18th day March, 2013 otary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY;PENNSYLVANIA CIVIL DIVISION PNC Bank,NstiaW Association ) PlaintK } Vs. ) William Imhoff Phyllis Imhoff and/or ) Tenaat/Occnpant } Defendants. } E"OR.TA,NT NOTICE TO: Williem Imhoff, PhysM Imhoff and/or Ten&WOccpant 1398 Mouataia Road Newburg,PA 17240 Date of Notice: February 25,2013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO TIE CLAIMS SETT FORTH AGAINST YOU. UNLESS YOU ACT WITIiQd TEN(10) DAYS FROM THE DATE OF TATS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU WY LOSE YOUR PROPERTY OR OTHER IlOORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HERE 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 BE WORD STREET CAIiTJSE,PA 17013 1-500-990-9108 (717)249-3166 _ ASS 4 BY. Louis P.Vito,Esquire Atta mcy for Plaintiff 215 Fourth Avenue Pittsburgh,PA-15222 **THIS FIRM IS A DEBT COLLECTOR.ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECMVED A DISCHARGE IN BANKRUPTCY,TEE CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLFC:T A DIIXT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Y w y IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY,PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY, BEFORE me,the undersigned authority,personally appeared Louis P.Vitti,Esquire, who,being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S)is/are not presently in the active military service of the United States of America and not members of the Army of the United States,United States Navy,the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy;nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. V- 6is P. Vitti, Esquire SWORN to and subscribed before me this 18th day of March 2013. Notary Publi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC Bank,National Association Plaintiff, VS. William Imhoff, Phyllis Imhoff and/or Tenant/Occupant )292, WoufACLIVO ?A Defendants. 1)(4r> PRAECIPE FOR WRIT OF POSSESSION TO: CUMBERLAND COUNTY PROTHONOTARY Please issue a Writ of Possession in the above-captioned case for the property situate in the Township of Crescent County of Allegheny and commonwealth of Pennsylvania address being 1398 Mountain Road, Newburg, PA 17240. VITTI &VITTI & ASSOCIATES, P.C. 'o P. Vitti, Esquire woo Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC Bank, National Association )No. 13-498 Civil Plaintiff, vs. William Imhoff, Phyllis Imhoff and/or Tenant/Occupant Defendants. AFFIDAVIT 1, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendants, William Imhoff and Phyllis Imhoff, are the owners of the real property on which the Plaintiff seeks to execute. That the Defendant's last known address is 1398 Mountain Road, Newburg, PA 17240. js P.4Vitti, Esquire SWORN to and subscribed before me this 18th of day March 2013. Notary Public EXHIBIT"'A" LEGAL DESCRIPTION All that certain parcil of land situate in the Township of Upper Win, County Of Cumberland,Commonwealth of Pennsylvania,being known and designated as follows: BEGINNING at an existing railroad spike at the Intersection of Chestnut Road (Tt383), Mountain Road(SR-4007)and Swartz Road(7-500);thence along and through Swartz Road(T-500),North 34 degrees 52 minutes 17 seconds West 134.77 feet to a set Iron pin; thence along the division line between Lot No.I and Lot No-2 on the hereinafter mentioned Final Plan the fohowing two courses and distances,(1)North 30 degrees 45 minutes 59 seconds East 232.02 feat,(2)thence South 59 degrees 14 minutes 01 seconds East 014.70 feet to a sat railroad spike in the center fine of Mountain Road(SR-4007);thence through the canterilne of Mountain Road(SR4007)and continuing along the division line between Lot No.1 and Lot No.2,North 33 degrees 39 minutes 32 seconds East 170.00 feet to an existing railroad spike',thence along lands now or formerly of Mark L.and—INeress M, Myers,South 43 degrees 05 minutes 30 seconds East 313.46 feet to an existing pose thence with same South 89 degrees 37 minutes 55 seconds Wast 20I.27 feet to an existing 24 inch white oak;thence along lands now or fortnerly of Robert T.Brumagin South 89 degrees 46 minutes 34 seconds West 279,43 feet to an existing railroad spike,the place of BEGINNING, CONTAINING 2.9389 acres and being Lot No. I on a duly approved Final Subdivision'Plain for Paul E McBride as prepared by Eric L.DIffenbaugh,P.L.S.,dated April 7,2005 and recorded October 26, 2005 In Cumberland County Plan Bcok 91, Page 77. Tan ID: 44-06-0041-004 lot,' WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) INTI ;1, ('0t"RT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA PN(' i'),\,NK, NATION,AI, ASSOCIATION vs. No. 13-498 Civil Term WILLIAM 1\11]OFF, III IYUSS IJMFIOFF and/or IT'NANT11OCCUPANT 1308 '1101-111tlin Road PA 17240 Costs 22S.,75 Plaint;"I-,) Pro"I oi-r% S 2.25 C',OV1 '()\,AVFAI,TI I OF ]IFNNSYLVANIA: ('OU\ 1 ) 01' CUM. 11F'RI-AND: To the -ri'T0f C1,11111),-"Illd ('01111tV, P,,nnsylvania t 1) ] o s,,itisk- the n judoment for possession in the above matter you are directed to deliver posse w the f'011owiffl'o described property to: (Plaintiff(s)) PNC PIANK, NATIONAL ASSOCIATION heir— **I ',: 111,10UNTAIN ROAD, NEWBURG, PA 17240** **Y— I`NCI OSED PROPERTY DESCRIPTION" I ) satkl'\ III costs ,Igaillst the defendant(s)you are directed to levy upon any properi,\ ot'dic defendant (s) and sell his/her(or their) interest therein. Buell,David D. Prothonotary, Common Pleas Court of Cumberland Couoty, PA No 13-494 Civil Term 1 N TI I E COURT OF COMMON PLEAS OF Ct'�IBERLAND COUNTY,PENNSYLVANIA PNC BANK-NATIONAL ASSOCIATION vs. WILLIAM IMIIOFF, PIIYLISS IMHOFF and/orTENANT/OCCUPANT WRIT OF POSSESSION P.i 2.C.P. 3160-3165 ETC. Costs $ 228.75 51 $ 1'rotity $ 2.25 Plaintif (s) attorney name and address: Louis P. wr-rl, ESQUIRE V I"1 TI &, VIT I.1 k, ASSOCIATES, P.C. I-'OUR'lI1 JIITTSBUR(i!1. I'," 1 5'22 (412) 281-172 Attorney for Plaintiff(s) Where papers may be served �v virtue ol`this writ, on the day of I caused the within named to have possession of the premises described with the appul--., Cc2ti, ai7d So Answers, Slvor,i ,.r,-i atil7scribed to bcfore me this Dav W. —---rt— Sheriff By i'rothont>! Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r Sheriff }-I L F - �°-i #� Jody S Smith Chief Deputy 2 1'3 M Y 20 PM 2i n-5 Richard W Stewart ° Solicitor C MBERLAIM Ci � �' PENNSYLVANIA PNC Bank, National Association vs. Case Number William Imhoff(et al.) 2013-498 SHERIFF'S RETURN OF SERVICE 03/26/2013 07:54 PM- Deputy Valerie Weary, being duly sworn according to law, served the requested Writ of Possession by"personally"handing a true and attested copy to a person representing themselves to be the Defendant,to wit:William Imhoff at 1398 Mountain Road, Upper Mifflin Township, Newburg, PA 17240, Cumberland County, and informed Defendant of contents of same. 03/26/2013 07:54 PM-Valerie Weary, Deputy Sheriff,who being duly sworn according to law, states that on March 26, 2013 at 1945 hours, she served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Phyllis Imhoff, by making known unto William Imhoff, adult in charge and spouse of defendant, at 1398 Mountain Road, Newburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/26/2013 07:54 PM-Valerie Weary, Deputy Sheriff,.who being duly sworn according to law, states that on March 26, 2013 at 1945 hours, she served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant,to wit: Tenant/Occupant, by making known unto William Imhoff, adult in charge, at 1398 Mountain Road, Newburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/15/2013 By virtue of this writ, Sheriff Ronny Anderson caused the within named Plaintiff to have possession of the premises described as 1398 Mountain Road, Newburg, PA 17240. SHERIFF COST: $125.77 SO ANSWERS, May 17, 2013 RONNY R ANDERSON, SHERIFF (a)CountySuite Sheriff,Toleosoff,Inc.