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HomeMy WebLinkAbout13-0932 Nationstar Mortgage, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION–LAW is V. NO. 2013-932 CIVIL =--n M Darryl M- Ryan Z:-0 Any/All Tenants/Occupants EJECTMENT C) 504 Charles Street n Shippensburg, PA 17257 5:c= --jm MOTION FOR EMERGENCY HEARING N> AND NOW,comes Defendant Anderson O. Edey, tenant at 504 Charles Street, by and through his attorneys, Turo Robinson, and moves to schedule an Emergency Hearing: 1. The Plaintiff is Nationstar Mortgage, LLC,who is represented by Richard M. Squire& Associates, LLC, at 115 West Avenue, Suite 104,Jenkintown,PA 19046. 2. The Defendant is Anderson O. Edey and his family, who currently reside at 504 Charles Street, Shippensburg,PA 17257. 3. Plaintiff filed a Complaint for Ejectment on February 20, 2013. 4. Mr. Edey filed an Answer to Plaintiff s Complaint on March 19, 2013 and argued that he is equitable owner in the property pursuant to a Rent Own Agreement dated April 1, 2008. Please see attached Exhibit "A." 5. Shortly after Mr. Edey filed this Answer,Plaintiff instructed a local realtor,Ada George, of Exit Preferred Realty in Chambersburg,to contact Mr. Edey's Legal Counsel,Daniel Puskar,Esquire,regarding Mr. Edey's purchase of the property. 6. Ms. George directed Mr. Puskar to schedule a time for personnel from her office to conduct an interior viewing of Mr. Edey's home so that a market analysis could be conducted on the property. The interior viewing took place on April 11,2013. 7. Ms. George also instructed Mr. Edey to procure pre-approved lending through his bank. Mr. Edey took affirmative steps to procure this lending. 8. The day after the viewing, Ms. George informed Mr. Puskar that they could not conduct a market analysis on the property because Plaintiff had not yet removed the property* from theauction website. Ms. George assured Mr. Puskar that the market analysis would be conducted as soon as the property was removed from the auction website. 9. The following week Ms. George advised that the property had still not been removed by Plaintiff from the auction website and that they could still not conduct the market analysis on the property. 10. On April 24, 2013, Ms. George advised that if Mr. Edey wished to purchase the property he would now have to bid through the auction website and he could only pay with cash. 11. It is not possible for Mr. Edey to bid through the auction website because there is already a bid pending confirmation. WHEREFORE,Mr. Edey respectfully requests that this Honorable Court schedule an Emergency Hearing to determine whether Mr. Edey is the equitable owner in the property pursuant to the Rent to Own Agreement dated April 1, 2008 and to halt any sale of the property pending such hearing. Respectfully submitted, TURO ROBINSON Atto rneys at Law Ll Date Daniel L. Puskar, Esquire Supreme Ct. No. 311444 129 South Pitt Street Carlisle,PA 17013 (717)245-9688 Attorney for Defendant EXHIBIT A Rent to Own Contract Whereas, Anderson Edey (hereafter Renter)desires to possess and have the use of 504 Charles Street,Shippensburg, PA 17257 property owned by Damn Ryan. (hereafter Owner)and described Whereas,the parties have agreed that Renter shall take possession of the property on 0410113008 and have the use of the property until this agreement Is terminated,and Whereas, Renter and Owner intend that ownership of the property shall transfer to Renter upon the full completion of this agreement, Now,therefore,the parties agree as follows: Renter shall pay Owner the sum of$960.00 on 060112008 and the same sum on the 1st day of each month for rental of the property. If payment is late by more than three days,a late fee of$50.00 shall be due immediately from Renter. The parties agree that the purchase price of the property Is$179,000. The parties agree that$950.00 of each month's rent payment shall be applied towards purchase of the property. P The parties agree that ownership of the property shall transfer to Renter upon Renter's completion of 12 payments as described above. The parties agree that If Renter fails to complete the contemplated purchase of the property for any reason,no refunds or credits shall be due to Renter: Renter acknowledges there are no kitchen appliances In said property. Renter shall be responsible for any kitchen appliances.Appliances purchased by Renter will remain with the,Renter. Renter shall maintain the property,at Renter's expense, In clean,goad working order. Any home improvements)shall constitute as"sweat equity"towards the purchase of the said property. Renter shall Indemnify and hold harmless Owner against any and all claims,damages,or actions arising from Renter's possession or use of the property. In witness to their agreement to the terms of this contract,the parties affix their signatures below. 2 � x � wrier, signature&date Renter,signature&date 1dress 110 Fairway Drive Address 239' , s"T GI.2 gZg-ff 5724e4e7' ty,state,ZIP Carlisle, PA 1-70-16 City,state, ZIP f f a6z x,/04,,f 7ZV slephone:(' 7)385-8552„ Telephone: 717-7Z�-03-33 BILL OF SALE Sale Date: 25 April 2014 Sale Amount: $ 1,500-00 Amount Tendered: $ 1,500 Balance Owed: $0.00 Balance Due Date: 25 April 2010 Seiler Full Name: Darryl Ryan Seller Address: 110 Fairway Drive Carlisi , PA 17015 Seller Phone: (71Z)386-8552 Buyer Full Name: Anderson,Edgy Buyer Address: 504 Charles Street Shlppensburna, PA 17257 Buyer Phone: (7. 17}723-0333 ITEM INFORMATION AND DESCRIPTION/WARRANTY IF APPLICABLE Item Sold: Amish built Red Barn Shed Item Description: 12x2;¢ shed- -----------------------------Nothing Follows---------------------------------------------------------- -------------------------------------------------------------------------------------------------------- Item Serial Number: Item Condition: V AS IS Day Warranty (Check which applies) Note to Buyer: Item�Is sold to buyer on this date 25 ARrli 2010 The Items description Is listed above. Buyer agrees to pay seller any balance due on the.item described above by the due date at the top of this document or buy will forfeit all monies and deposits placed on the listed item above. Buyer and seller�agrree to condition of-item as stated above. Buyer SignatureAnderson ^. Buyer Printed Name: �c ev Seller Signature:_ Seller Printed Name:_ Dar an _.. Date: 2S / Nationstar Mortgage, LLC, : Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW Darryl Ryan : NO. 2013-932 CIVIL TERM Any/All Tenants/Occupants : EJECTMENT 504 Charles Street Shippensburg, PA 17257 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Motion For Emergency Hearing on, M. Troy Freedman Esquire, by depositing the same in the United States Mail, first class, on April 29, 2013, from Carlisle, Pennsylvania, addressed as follows: M. Troy Freedman, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 TURO ROBINSON Attorneys at Law Daniel L. Puskar, Esquire Supreme Ct. No. 311444 129 South Pitt Street Carlisle, PA 17013 Attorney for Defendants Nationstar Mortgage, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION—LAW V. NO. 2013-932 CIVIL TAE Darryl Ryan Any/All Tenants/Occupants : EJECTMENT ' c 504 Charles Street ' , *= Shippensburg, PA 17257 a y ORDER OF COURT AND NOW, this day of l *4 , 2013, upon considerafian o` the . attached Motion, it is hereby directed that the parties and their respective counsel appear•krfmc 1 Aw✓ ✓x'Sb - --- - - on the- ! day of-��� > 2013, at r-• 10 4-M., for a�rre� d�0y t t . tt N ✓C e 7Z? '4"C�� a v Ar A f l lopov^lg I A00 6 FOR THE COURT, rr By The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 1.7013 (717) 249-3166 0 Richard M. Squire & Associates, LLC Attorneys for Plaintiff c� By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquires I.D. Nos. 04267/ 85165 / 313264 C-0 One Jenkintown Station 115 West Avenue, Suite 104 Jenkintown, PA 19046 . ° Telephone: 215-886-8790 c Fax: 215-886-8791 Nationstar Mortgage, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA V. NO: 13-932-Civil Darryl Ryan CIVIL ACTION Any/All Tenants/Occupants, DEFENDANTS. EJECTMENT i PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff,Nationstar Mortgage, LLC, by and through undersigned counsel, M. Troy Freedman, Esquire, hereby moves this Honorable Court for summary judgment. In support thereof, Plaintiff avers as follows: 1. The real property located at 504 Charles Street, Shippensburg, PA 17257-2118 (hereinafter referred to "Property") was previously subject to a mortgage foreclosure proceeding (hereinafter referred to as "Foreclosure Proceeding"). See Affidavit of M. Troy Freedman, Esquire, attached hereto as Exhibit "A" and made a part hereof, at 117. 2. The Foreclosure.Proceeding was predicated upon a default under the terms of a Mortgage recorded against the Property. See id. 3. The Foreclosure Proceeding concluded with the Sheriff's Sale of the Property that was held on November 7, 2012. See id. Plaintiff purchased the Property at that sale and the Sheriff's Deed conveying title to the Property to Plaintiff has been recorded. See id., at 4 s 918. A true and correct copy of the recorded Sheriff's Deed is attached hereto as Exhibit "B" and made a part hereof 4. Plaintiff has absolute legal title to the Property by virtue of recordation of the Sheriff's Deed. 5. Anderson Eddy (hereinafter referred to as "Defendant") has failed and/or refused to dispossess and vacate the Property, see Affidavit of Realtor/Broker(attached hereto as Exhibit"C" and made a part hereof), at 914, despite demand for the same, which has forced Plaintiff to initiate this ejectment proceeding as well as incur additional attorneys' fees and court costs. See Ex. "A," at 915. 6. Plaintiff filed or caused to be filed its Complaint in Ejectment on February 20, 2013. A true and correct time-stamped copy of Plaintiffs Complaint (without exhibits) is attached hereto as Exhibit"D" and made a part hereof. Defendant filed or caused to be filed an Answer on March 19, 2013. 7. Defendant's pleading is essentially a dilatory filing designed solely to delay Plaintiff's legal and rightful possession of the Property. A true and correct copy of Defendant's pleading is attached hereto as Exhibit"E." 8. Defendant's pleading is devoid of any factual averments which would justify refusal to dispossess and vacate the Property; and, importantly, Defendant does not assert any legal grounds for remaining in the Property. 9. Defendant's Answer alleges that he "entered into a Rent to Own Agreement with Darryl Ryan". See, e.g., Ex. "E,"at 1 ¶2. A true and correct copy of that agreement is attached hereto as Exhibit"F." 10. Neither Aurora Loan Services, LLC nor Plaintiff is a signatory or party to the aforesaid Rent to Own Agreement (see generally, Ex. "17"); and Plaintiff bears no obligations under such agreement. 11. Defendant has no interest (legal, equitable, leasehold, or otherwise) in the Property, and has remained on the Property without any permission. 12. There are no genuine issues of material facts and Plaintiff is entitled to judgment as a matter of law. 13. Pursuant to 42 Pa. C.S. §2503(7)', Plaintiff is also entitled to an award of its attorneys' fees incurred in connection with this matter, as Defendant's failure and/or refusal to dispossess and vacate the Property, in which he has no right to be, constitutes conduct that is per se dilatory, obdurate, vexatious, in bad faith, and without justification. In fact, four(4) Courts of Common Pleas have awarded monetary sanctions under such circumstances. True and correct copies of Orders issued by the Philadelphia County Court of Common Pleas, Centre County Court of Common Pleas, Lackawanna County Court of Common Pleas, and Monroe County Court.of Common Pleas are collectively attached hereto as Exhibit"G" and made a part hereof. 13. The undersigned's time in connection with this Motion(in tenths of an hour) and Complaint is as follows: a. Preparation of Mot. Summ. J., Verification, Cert. of Service, and proposed Order' 1.8 hrs. b. Preparation of Brief/Memorandum of Law 1.9 hrs. 1 42 Pa.C.P.§2503 states(in pertinent part): The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter: * a (7)Any participant who is awarded counsel fees as a sanction against another participant for dilatory,obdurate or vexatious conduct during the pendency of a matter. Subtotal 3.7 hrs. x $205 = $ 758.50 c. Preparation of Compl. 450.002 Total $1,208.50 See Ex. "A," at 15. 14. The foregoing sum excludes attorneys' fees incurred by Plaintiff in connection with Defendant's Motion for Emergency Hearing (which was denied) and the court appearance on 5-10-13 associated therewith. The foregoing sum will increase in the event the within Motion is contested, a hearing in connection with this Motion is held, and/or further legal services and/or litigation is required by the undersigned law firm. 15. This matter is assigned to the Honorable Albert H. Masland. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue an Order in the form attached granting Plaintiff immediate possession of the real property situated at 504 Charles Street, Shippensburg, PA 17257-2118; directing that Defendant and all other occupants vacate and dispossess such property, and remove all personal items therefrom forthwith, or be ejected forthwith after issuance of a Writ of Possession; ordering that any personal items left in or remaining in the real property situated at 504 Charles Street, Shippensburg, PA 17257-2118 be deemed abandoned; and directing the entry of a monetary judgment against Defendant, Anderson Eddy, in favor of Plaintiff in the amount of$1,208.50. 2 See Ex."D,"at¶19. Respectfully submitted, RICHARD M. SQUIRE & ASSOCIATES,LLC By: ichard M. S ir", Esq. (PA LD.# 04267) +/ M. Tre �edman, Esq. (PA I.D.# 85165) Craig eeimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rs uireks`quirelaw.com tfreedmangsquirelaw.com coppenheimer(2squirelaw.com Date: J Attorneys for Plaintiff Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267/ 85165 /313264 One Jenkintown Station 115 West Avenue, Suite 104 Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Nationstar Mortgage, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND.COUNTY, PLAINTIFF, PENNSYLVANIA V. NO: 13-932-Civil Darryl Ryan CIVIL ACTION Any/All Tenants/Occupants, DEFENDANTS. EJECTMENT CERTIFICATE OF SERVICE I, M. Troy Freedman, Esquire, hereby certify that, on this date, I served or caused to be served a true and correct copy of the foregoing Plaintiffs Motion for Summary Judgment, Brief/Memorandum of Law in Support thereof, Verification, PRAECIPE FOR LISTING CASE FOR ARGUMENT,and proposed form of Order upon the following person via regular mail, postage prepaid: Daniel L. Puskar, Esquire . Turo Robinson, Esqs. 129 South Pitt Street Carlisle, PA 17103 RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. S ire, Esq. (PA I.D.# 04267) 4. Troy eedman, Esq. (PA I.D.# 85165) Craig 6ppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown,PA 19046 215-886-8790; 215-886-8791 (fax) rsquiregsquirelaw.com tfreedmanksg uirelaw.com coppenheimergsquirelaw.com Attorneys for Plaintiff Date: � 7��X-1 Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267/ 85165 /313264 One Jenkintown Station 115 West Avenue, Suite 104 Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Nationstar Mortgage, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA V. NO: 13-932-Civil Darryl Ryan CIVIL ACTION Any/All Tenants/Occupants, DEFENDANTS. EJECTMENT ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW,this the day of , 2013, upon consideration of Plaintiff's Motion for Summary Judgment, and upon consideration of any response thereto, and good causing showing; it is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiff's Motion for Summary Judgment is granted and that Plaintiff is entitled to immediate possession of the real property situated at 504 Charles Street, Shippensburg, PA 17257-2118; and it is; and it is FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant, Anderson Eddy, and all other occupants of the real property situated at 504 Charles Street, Shippensburg, PA 17257-2118, shall vacate and dispossess such property, and remove all personal items therefrom, forthwith or be ejected after issuance of a Writ of Possession; and it is FURTHER ORDERED, ADJUDGED, AND DECREED that any/all personal items left in or remaining in the property situated at 504 Charles Street, Shippensburg,PA 17257-2118 after voluntary dispossession thereof shall be deemed abandoned; and it is FURTHER ORDERED, ADJUDGED, AND DECREED that the Prothonotary is directed to issue forthwith a Writ of Possession upon receipt of a Praecipe for same from Plaintiff; and it is FURTHER ORDERED, ADJUDGED,AND DECREED that a monetary judgment is entered in favor of Plaintiff and against Defendant,Anderson Eddy, in the amount of$1,208.50 pursuant to 42 Pa. C.S. §2503(7). BY THE COURT: J. cc: M. Troy Freedman, Esquire Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Tel. (215) 886-8790 Fax (2.15) 886-8791 Email tfreedman@squirelaw.com Daniel L. Puskar, Esquire Turo Robinson, Esqs. 129 South Pitt Street Carlisle, PA 17103 Tel. (717) 245-9688 i Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D.Nos. 04267/ 85165 /313264 One Jenkintown Station 115 West Avenue, Suite 104 Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Nationstar Mortgage, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA V. NO: 13-932-Civil Darryl Ryan CIVIL ACTION Any/All Tenants/Occupants, DEFENDANTS. EJECTMENT VERIFICATION M. Troy Freedman, Esquire hereby verifies that he is one (1) of the attorneys for Plaintiff in the above-captioned matter; that he has knowledge of the facts set forth in the within Motion for Summary Judgment; and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: g [Sign re] a Exhl" bit Nationstar Mortgage, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA. V. NO: 13-932-Civil Darryl Ryan CIVIL ACTION Any/All Tenants/Occupants, DEFENDANTS. EJECTMENT AFFIDAVIT OF M. TROY FREEDMAN, ESQUIRE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF MONTGOMERY I, M. Troy Freedman, Esquire ("Affiant"), upon my oath, state and depose as follows: 1. I am an attorney duly licensed to practice law before the Pennsylvania Supreme Court in good standing. 2. I am the managing attorney for Richard M. Squire and Associates, LLC, attorneys for Plaintiff in the above-captioned ejectment proceeding. 3. I prepared the within Motion for Summary Judgment, Certificate of Service, proposed form of Order, and Memorandum of Law(or Brief). 4. The hourly rate for the aforementioned services is $205.00, which is actually lower than attorneys of my experience, expertise, and skillset in the suburban Philadelphia region. y 5. My time spent in connection with the foregoing (in tenths of an hour) is as follows: a. Preparation of Mot. Summ. J., Verification, Cert. of Service, and proposed Order 1.8 hrs. b. Preparation of Brief/Memorandum of Law 1.9 hrs. Subtotal 3.7 hrs. x $205 = $ 758.50 c.. Preparation of Compl. 450.004 Total $1,208.50 6. The foregoing services are/were reasonable and necessary. 7. Aurora Loan Services, LLC previously filed a mortgage foreclosure proceeding against Darryl J. and Victoria S. Ryan(hereinafter referred to as "Foreclosure Proceeding"). The Foreclosure Proceeding was predicated upon a default under the terms of a Mortgage recorded against the property located at 504 Charles Street, Shippensburg, PA 17257-2118 (hereinafter referred to "Property"). The Foreclosure Proceeding concluded with the Sheriff's Sale of the Property that was held on November 7, 2012, at which Plaintiff, legal successor to Aurora Loan Services, LLC, purchased the Property. 8. This ejectment proceeding is predicated upon a Sheriff s Deed conveying the Property to Plaintiff, which Deed has been prepared, executed, and recorded at the Cumberland County Recorder of Deeds' Office. 9. Under Pennsylvania law, Plaintiff is the complete legal owner of the Property by virtue of the Sheriff's Deed. M. oy Freedman, Esquire, Affiant 4 See Ex."D,"at¶19. Dated: s� Sworn to and subsqjribed before me this day of g ;2013. Notary Public COMMONWEALTH OF PENNSYLVANIA (Seal) Notarial Seal Kate M.Greebel,Notary Public City of Philadelphia,Philadelphia County My Commission Expires Jan.12,2014 Member,Pennsylvania Association of Notaries r [Exhibit "B" ` 002VOT Tax Parcel No, 32-34-2413-186 Ql That I,Ronny R.Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of$ 1.00(One Dollar) to me in hand paid; do hereby grant and convey to Nationstar Mortgage,LLC Writ No.2011-9329 Civil Term Aurora Loan Services,LLC Vs Darryl J.Ryan Victoria S.Ryan ALL THE FOLLOWING described real estate lying and being situate in the Borough of Shippensburg, Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEING Lots 3 and 4, Block'C', on plan oflots known as Hallwood Heights, recorded in Cumberland County, Pennsylvania,Plan Book No. 3-113. SUBJECT to all conditions,restrictions, and reservations of record. TITLE TO SAID PREMISES VESTED IN Darryl J.Ryan and Victoria S.Ryan,h/w,by Deed from Brett Rininger and Sara I.Rininger, dated 10/26/1999, recorded 10/28/1999 in Book 210, Page 596. PREMISES BEING: 504 CHARLES STREET, SI11PPENSBURG, PA 17257-2118 PARCEL NO. 32-34-2413-186 a w The same having been sold by me to the said grantee on the 7th day of November Anno Domini Two Thousand and Twelve (2012) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the I"of June Anno Domini 2012 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Eleven (2011)Number 9329 at the suit of Aurora Loan Services,LLC vs Darryl J.Ryan and Victoria S.Ryan m In Witness Whereof,I have hereunto affixed my signature this 20 th day of December Anno Domini Two Thousand and Twelve(2012) Ro . 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 20th day of December Anno Domini Two Thousand and Twelve (2012) 4it}lISiit+j, ` Pr thonotar .. . :�, V. „'. • CI Prothonotary,Cumberland County,Car►fsk,PA .', My Commission Expires the First Mo `'�:W�•.`• .'._, w MdaY of J>n.2014 fir..:},,t1:1.•;; •:s y., .. R I hereby certify that the residence And Post Office address of the r 9 �: ��� Within Grantee is ti t►tt'' 350 Highland Drive Lewisville,TX 75067 Richard W. Stewart Solicitor 0 m a REV-i$3!tx(oa-m) RECORDER'S USE ONLY REALTY TRANSFER TAX State Tax Paid ` 0 -- COMMONWEALTH OF PENNSYLVANIA STATEMENT OF VALUE Number ���,��) � 0 DEPARTNI TIT OF REVENUE Page Number BUREAU OF INDIVIDUAL TAXES DEPT.280603 HARRISBURG,PA 17128-0603 See Reverse for Instructions Date Retarded Complete each section and file in duplicate with Recorders of Leeds when(t)the full valociconsidemtion is not set forth in the deed,(2)when the /decd isQWithout/Consideration,or by gift,or(3)s tax exemptions is claimed A statement of value is not required if the transfer is wholly exempt from tax based on:(1)family relationship or(2)public utility easement.if more space is needed,attach additional sheet(s). A. CORRESPONDENT—All inquires may be directed to the following person:_ _— r Name Telephone Number Phelan Haliinan,LLP Area Code 215-563-7000 Street Address City State gig Code 1617 3FK Boulevard,Suite 1400 Philadelphia PA 19103 One Penn Center Plaza B. TRANSFER DATA C. Date of Acceptance of Document Grantor(s)/Lessor(s) Grantee($)Usscc(s) R.Thomas IGinq SherilT,Sheriff NATIONSPAR MORTGAGE,LLC Street Address Street Address I Courthouse Square 350 HIGHLAND DRIVE City State Zip Code City Stott: Zip Code Carlisle PA 17013 LMSVILLE TX 75067 D. REAL ESTATE LOCATION Street Address City,Township,Borough 504 CHARLES STREET,SHIPPENSBURG,PA BOROUGH OF SHIPPENSBURG 17257-2118 County School District Tax Parcel Number CUMBERLAND SHIPPENSBURG AREA 32-34-2413-186 E. VALUATION DATA—WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION? ❑ Y N I.Actual Cash Consideration 2.Other Consideration 3.Total Consideration 51,088.28(winning bid + -0- =$1,0881$ 4.County Assessed Value 5.Common Level Ratio Factor 6.Fair Market Value S163,700.00 x 1.00 =S163,700.00 F. EXEMPTION DATA 1 a.Amount of Exemption Claimed Percentage of Grantor's Interest in Real Estate ib,Percentage ofGrantor's interest in Real Estate Ib. 100% 100% 1 100% Check Appropriate Box Below for Exemption Claimed. ❑ Will or intestate succession (Name of Decedent) Estate File Number ❑ Transfer to a Trust.(Attach complete copy bftrustagreement identifying all beneficiaries.) ❑ Transfer from a trust Date of trattsfer into the trust If ttu<rt was amended attach a copy of original and amended trust. ❑ Transfer between principal and agent/straw party.(Attach complete copy of agency/straw party agreement.) ❑ Transfer to the Commotweaith,the United States and Instrumentalities by gift,dedication,condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation,attach copy of resolution,) Transfer from mortgagor to a holder of a mortgage it default. (Attach copy of inortgage:and note/assignment) ❑ Corrective confirmatory deed.(Attach complete copy of the prior deed being corrected or confirmed.) ❑ Statutory corporate consolidation,merge,or division(Attach copy of articles) [] "Otl ter(Please explain exemption claimed,if other than listed above. Under Penalties of law,I declare that I have examined this Statement,including accompanying information,and to the best of my knowledge and belief,it is true,correct and complete. Signature of Correspondent r ttnpomible th Dote Seth A.Fischer FAILURE TO COMPLETE THIS FORM PROPERLY Olt ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. a e .....--.,.-...,..,.s.-..,-.w:.n..+.w+.wrr..:.,>,-:„n-:...mow,. -i.a.s++tla.�!•3ty'.es�>..a-•.rarer,..:}t+t.=•.r.,3...,.,,:c....-.:.r,...... ...... ., - i P BERT.P...ZIEGLEl RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE - CARLISLE, PA 17013 r - 717-240-6370 - - Instrument Number-201301450 Recorded On 1/14/2013 At 2:30:55 PM *Total Pages-5 *Instrument Type-DEED-SHERIFF'S Invoice Number-12681'7 User ED-BMM *Grantor-RYAN,DARRYL J *Grantee-NATIONSTAR MORTGAGE LLC *Customer-CUMBERLAND COUNTY SHERIFF *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 SHIPPENSBURG AREA SCHOOL $0.00 DISTRICT SHIPPENSBURG BOROUGH $0.00 TOTAL PAID $63.00 I Certify this to be recorded in Cumberland County PA w° o RECORDER O D EDS �rso *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. III002VOT Ililllll�llll Exhibit "C" Nationstar Mortgage,LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA V. NO: 13-932-Civil Darryl Ryan CIVIL ACTION Any/All Tenants/Occupants, DEFENDANTS. EJECTMENT AFFIDAVIT OF REALTORBROKER COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF FRANKLIN Personally appeared before me,the undersigned authority, Jeffrey L. George (hereinafter referred to as"Affiant"),who,being first duly sworn according to law, deposes and says: 1. Affiant is a realtor duly licensed in the Commonwealth of Pennsylvania 2. Affidavit is employed as a realtor by A I. f and has been so employed forte year(s). 3. Affiant has been engaged by Plaintiff or Plaintiffs loan servicer in the above- captioned matter to market the real property situated at 504 Charles Street, m v f Shippensburg,PA 17257-2118("Property")which Plaintiff purchased at and owns as a result of a sheriff s sale. 4. Affiant has visited the Property and has confirmed that an individual named Anderson Eddy is still occupying the Property,preventing Affiant from showing the Property to potential purchasers. Dated:r5 2 `13 Affiant Sworn to and subscribed before me this d�W% day of �LQ� ,2013. Notary 6utric (Seal) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL WILLIAM EDWARD KOPP Nolsry Public CHAMBERSIlUR0 BORD.,FRANKUN COUNTY My Commission Expires Apt IS,2017 a e o Exhibit "D" Supreme Co : ;e nsylvania Cou : CO O 1 leas For Prothonotary Use Only: Docket No: ST cG fia County 11<<� The information collected on this form is used solely for court administration purposes, This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: Complaint ® Writ of Summons 13 Petition 'S Transfer from Another Jurisdiction in Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: .T Nationstar Mortgage, LLC Darryl Ryan and Any/All Tenants/Occupants 1 Are money damages requested? 0 Yes. IM No Dollar Amount Requested: El within arbitration limits IM (check one) outside arbitration limits Is this a Class Action Suit? ®Yes ED No Is this an MDJAppeal? E3 Yes IM No A Name of Plaintiff/Appellant's Attorney: M.Troy Freedman, Esquire Check here if you have no attorney(are a Self-Represented [Pro Se]Litigant) Nature of the Case; Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not inchide Judgments) CIVIL APPEALS ®Intentional 0 Buyer Plaintiff Administrative Agencies ® Malicious Prosecution 0 Debt Collection: Credit Card Board of Assessment Motor Vehicle U Debt Collection:Other Board of Elections [3 Nuisance • � Premises Liability � Dept.of Transportation Statutory Appeal:Other S: ®Product Liability(does not include mass tort) 0 Employment Dispute: Discrimination Slander/Libel/Defamation j 13 Other: 0 Employment Dispute:Other 0 Zoning Board ) ' ' Other: i 12 Other: . MASS TORT Asbestos 1 E] Tobacco 1 . Tonic Toil-DES Toxic Tort-Implant REAL,PROPERTY MISCELLANEOUS Toxic Waste Other: Ejectment 13 Common Law/Statutory Arbitration B ®Eminent Domain/Condemnation [3 Declaratory Judgment E3 Ground Rent 0 Mandamus Landlord/Tenant Dispute ®Non-Domestic Relations PROFESSIONAL LIABLITY Mortgage Foreclosure:Residential Restraining Order [ Mortgage Foreclosure:Commercial El Quo Warranto ® Dental Partition Replevin ® Legal [3 Quiet Title ©Other: Medical Other: Other Professional: 4 Updated 11112011 Richard M. Squire&Associates,LLC Attorneys for Plaintiff By: Richard M.Squire, Esquire M.Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267/85165/313264 1:_M One Jenkintown Station n rn �T�'r- 00 'ti rri 115 West Avenue,Suite 104 Jenkintown, PA 19046 ' Telephone: 215-886-8790 Fax:215-886-8791 Nationstar Mortgage, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, I J V. N0: � - 9 3 a l�Ul 1 Darryl Ryan Any/All Tenants/Occupants CIVIL ACTION 504 Charles Street Shippensburg, PA 17257-2118 EJECTMENT DEFENDANTS. COMPLAINT-CIVIL ACTION NOTICE TO DEFEND NOTICE 1 DOCUMENT8LC NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, Le han demandado a usted en la corte. Si usted you must take action within twenty(20) days after quiere defenderse de estas demandas expuestas en this complaint and notice are served, by entering a las paginas siguientes, usted tiene veinte (20) dias written appearance personally or by attorney and de plazo al partir de la fecha de la demanda y la filing in writing with the court your defenses or notificacion. Hace falta asentar una comparencia objections to the claims set forth against you. You escrita o en persona o con un abogado y entregar a are warned that if you fail to do so the case may la corte en forma escrita sus defensas o sus proceed without you and a judgment may be objecciones a las demandas en contra de su entered against you by the court without further persona. Sea avisado que si usted no se defiende, la notice for any money claimed in the complaint or corte tomara medidas y puede continuar la for any other claim of relief requested by the demanda en contra su a sin y previo aviso 0 plaintiff. You may lose money or property or other notificacion. Ademas,la corte puede decidir a favor rights important to you. del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE LLEVE ESTA DEMANDA A UN ABOGADO OFFICE SET FORTH BELOW TO FIND OUT WHERE INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO YOU CAN GET LEGAL HELP. TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue i I Carlisle,PA 17013 j A 717-249-3166 and 800-990-9108 1 I 1 1 d DOCUMENT81-C 4 Richard M.Squire&Associates, LLC Attorneys for Plaintiff By: Richard M.Squire, Esquire M.Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267/85165/313264 One Jenkintown Station 115 West Avenue,Suite 104 Jenkintown, PA 19046 Telephone:215-886-8790 Fax: 215-886-8791 Nationstar Mortgage, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. NO: Darryl Ryan Any/All Tenants/Occupants CIVIL ACTION 504 Charles Street Shippensburg, PA 17257-2118 EJECTMENT DEFENDANTS. COMPLAINT 1. Plaintiff, Nationstar Mortgage, LLC(hereinafter"Nationstar Mortgage, LLC'), is a limited i. liability company with an address of 350 Highland Drive, Lewisville,TX 75067. ! DOCUMENTUC 4 a 2. Defendants are Darryl Ryan,an adult individual,and any/all tenants/occupants residing at 504 Charles Street,Shippensburg, PA 17257-2118. 3. At all times material hereto, plaintiff was,and still is,the owner in fee simple of the real estate situated at 504 Charles Street,Shippensburg, PA 17257-2118("Property"). 4. The legal description of the Property is set forth in the Sheriff's Deed,a true and correct of which is attached hereto as Exhibit"A"and made a part hereof. 5. The abstract of title to the Property upon which Plaintiff relies is the attached Sheriff's Deed which Deed has been prepared, executed, and recorded. COUNT I:EJECTMENT 6. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth herein. 7. At all times material hereto, Defendants have unjustifiably withheld and continue to unjustifiably withhold possession of the Property from Plaintiff. 8. Despite the granting to Plaintiff of a Sheriff's Deed, Defendants have unjustifiably refused to vacate the Property and continue to unjustifiably withhold possession thereof from Plaintiff. 9. Defendants are occupying the Property illegally. 10. Defendants have been previously provided with separate written notice of their rights and obligations under and pursuant to the Protecting Tenants at Foreclosure Act of 2009 (P.L. 111-22) i s DOCUMENTUC j m m via (X} simultaneous regular mail, postage prepaid and certified mail, return receipt requested. ( ) posting. ( } personal service by State Constable/Officer 11. After being provided with the aforesaid notice under and pursuant to the Protecting Tenants at Foreclosure Act of 2009(P.L. 111-22), (Xj there was no contact from Defendants. ( ) Defendants have confirmed that they are not, individually or collectively, parties or signatories to any lease or sublease with respect to the Property. ( ) it has been confirmed that Defendants are not bona fide tenants under and pursuant to the Protecting Tenants at Foreclosure Act of 2009(P.L. 111-22). 12. Plaintiff has complied with the Protecting Tenants at Foreclosure Act of 2009 (P.L. 111- 22)at all material times hereto and in all respect to the extent it is applicable. 13. As the legal owner of the Property,Plaintiff is entitled to immediate possession and immediate enjoyment thereof. WHEREFORE, plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendants, Darryl Ryan,and any/all tenants/occupants found in possession of the Property for immediate possession of the Property,for immediate ejectment of Defendants; for an award of Plaintiff's attorneys'fees; and for such other relief as this Court deems just and proper. COUNT II:ATTORNEYS' FEES DOCUMENT81-C 14. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth herein. 15. Plaintiff is advised by its counsel that 42 Pa. C.P. §2503 states (in pertinent part): The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter: (7)Any participant who is awarded counsel fees as a sanction against another participant for dilatory, obdurate or vexatious conduct during the pendency of a matter. 16. Plaintiff is advised by its counsel that, pursuant to 42 Pa. C.S.Sec.2503(7), Plaintiff is entitled to an award of its attorneys'fees incurred in connection with this matter,as Defendants'conduct in refusing to dispossess and vacate the Property in accordance with Plaintiff's request for same is dilatory, obdurate,and/or vexatious. 17. Plaintiff is advised by its counsel that, pursuant to 42 Pa.C.S.Sec.2503(7), Plaintiff is entitled to an award of its attorneys'fees incurred in connection with this matter,as Defendants'conduct in remaining in the Property, in which they have no right to be, is dilatory,obdurate,and/or vexatious. 18. Plaintiff is advised by its counsel that, pursuant to 42 Pa.C.S.Sec. 2503(7), Plaintiff is entitled to an award of its attorneys'fees incurred in connection with this matter,as Defendants' conduct in forcing Plaintiff to institute this ejectment proceeding is dilatory, obdurate,and/or vexatious. 19. Plaintiff has incurred$450.00 in attorneys'fees as of this date. DOCUMENT&C m e ' i WHEREFORE, plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against defendants, Darryl Ryan,and any/all tenants/occupants found in possession of the Property for immediate possession thereof,for immediate ejectment of Defendants,for an award of Plaintiff's attorneys' fees, and for such other relief that this Court deems just and proper. Respectfully submitted, RICHARD M.SQUIRE&ASSOCIATES, LLC By: Richard M.Squire, Esq. (PA I.D.#04267) tA.T`r'oy Freedman, Esq. (PA LD.#85165) Craig Oppenheimer, Esq. (PA I.D.#313264) 115 West Avenue,Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire @squirelaw.com tfreedinan@squirelaw.com sguirelaw.com coppenlieime.r@squirelaw.com squirelaw.com Attorneys for Plaintiff Dated: + � ' i DOCUMENTUC e m 0 1 e I i Richard M.Squire&Associates, LLC Attorneys for Plaintiff i By: Richard M.Squire, Esquire i M.Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267/85165/313264 One Jenkintown Station i 115 West Avenue,Suite 104 Jenkintown, PA 19046 , Telephone:215-886-8790 Fax:215-886-8791 Nationstar Mortgage, LLC, IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY,PENNSYLVANIA V. NO: Darryl Ryan Any/All Tenants/Occupants CIVIL ACTION 504 Charles Street Shippensburg, PA 17257-2118 EJECTMENT DEFENDANTS. VERIFICATION i hereby statesthat he/she is of Nationstar Mortgage, LLC, Plaintiff in this matter and Is authorized to make this Verificati . The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my knowledge,information or belief. DOCUMENT&C e I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: �GIVY�P.v�Soti►�Spi1 DATE: 2.1%% I Title: gecic� File#: Name: Darryl Ryan Any/All Tenants/Occupants 504 Charles Street Shippensburg, PA 17257-2118 I DOCUMENTSLC e a Exhibit " F " Nationstar Mortgage, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION—LAW V. NO.2013-932 CIVIL TERM Darryl Ryan Any/All Tenants/Occupants : EJECTMENT 504 Charles Street c:: <. Shippensburg,PA 17257 �+ 4u ANSWER TO PLAINTIFF'S COMPLAINT ' ;,; �.. to 6 The Defendant,Anderson 0. Edey,tenant at 504 Charles Street,by and throups attorneys,Turo Robinson,hereby responds to Plaintiffs Complaint for Ejectment an C4 following: 1. Admitted. 2. Admitted. By way of further answer, Defendant(hereinafter"Mr. Edey")and his family are sole tenants at the property located at 504 Charles Street, Shippensburg, PA 17257 and have resided on this property since 2008. Mr. Edey previously entered into a Rent to Own Agreement with Darryl Ryan(hereinafter "the Owner")for the property dated April 1, 2008. Please see attached Exhibit"A". 3. Mr. Edey is without sufficient knowledge or information to form a belief about the truth of the allegation. 4. Mr. Edey is without sufficient knowledge or information to form a belief about the truth of the allegation. 5. Admitted. COUNT I: EJECTMENT 6. No response required. e a I i 7. Denied. By way of further answer, Mr.Edey is equitable owner in the property pursuant to the Rent to Own Agreement dated April 1,2008,and therefore,has a right to possess the property. 8. Denied. By way of further answer, Mr. Edey is equitable owner in the property pursuant to the Rent to Own Agreement dated April 1, 2008, and therefore,has a right to possess the property. 9. Denied. By way of further answer, Mr. Edey is equitable owner in the property pursuant to the Rent to Own Agreement dated April 1, 2008,and therefore,has a right to possess the property. 10. Mr. Edey is without sufficient knowledge or information to form a belief about the truth of the allegation. 11. Mr. Edey is without sufficient knowledge or information to form a belief about the truth of the allegation. 12. This averment is'a conclusion of law to which no response is required. 13. Denied. By way of further answer, Mr. Edey is equitable owner in the property pursuant to the Rent to Own Agreement dated April 1, 2008,and therefore,has a right to possess the property. WHEREFORE,Defendant respectfully requests that this Honorable Court find in favor of Defendant and against Plaintiff and deny the relief requested. COUNT II: ATTORNEYS' FEES 14. No response required. 15. This averment is a conclusion of law to which no response is required. 16. Denied. By way of further answer, Mr. Edey did not sign any documents with Plaintiff indicating that he would be held responsible for attorneys' fees. In addition, Mr. Edey is not acting unreasonably under the circumstances because he believes he has a right to possess the property pursuant to the Rent to Own Agreement dated April 1, 2008. 17. Denied. By way of further answer,Mr. Edey did not sign any documents with Plaintiff indicating that he would be held responsible for attorneys'fees. In addition, Mr. Edey is not acting unreasonably under the circumstances because he believes he has a right to possess the property pursuant to the Rent to Own Agreement dated April 1, 2008. 18, Denied. By way of further answer, Mr. Edey did not sign any documents with Plaintiff indicating that he would be held responsible for attorneys'fees. In addition, Mr. Edey is not acting unreasonably under the circumstances because he believes he has a right to possess the property pursuant to the Rent to Own Agreement dated April 1, 2008. 19. Mr. Edey is without sufficient knowledge or information to form a belief about the truth of the allegation. WHEREFORE, Defendant respectfully requests that this Honorable Court find in favor of Defendant and against Plaintiff and deny the relief requested. Respectfully submitted, TURO ROBINSON Attorneys at Law r , 0) — � Date Daniel L. Puskar,Esquire Supreme Ct.No. 311444 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant a Nationstar Mortgage, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION—LAW V. NO. 2013-932 CIVIL TERM Darryl Ryan Any/All Tenants/Occupants : EJECTMENT 504 Charles Street Shippensburg, PA 17257 CERTIFICATE OF SERVICE I hereby certify that on this day I served a true and correct copy of the foregoing Answer on Plaintiffs Counsel, M. Troy Freedman, Esquire, by depositing same in the United States Mail, first class, postage pre-paid, from Carlisle, Pennsylvania, addressed as follows: M. Troy Freedman,Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 TURO ROBINSON Attorneys at Law Date Daniel L. Puskar,Esquire Supreme Ct.No. 311444 129 South Pitt Street Carlisle,PA 17013 (717) 245-9688 Attorney for Defendant a o v VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date Anderson 0. Hey m e 4 Ex,N � N 11 F Rent to Oven Contract Whereas, Anderson Edev (hereafter Renter)desires to possess and have the use of 504 Charles Street,Shippensburg, PA 1257 property owned by Darryl Ryan (hereafter Owner)and described Whereas, the parties have agreed that Renter shall take possession of the property on 0410112008 and have the use of the property until this agreement Is terminated,and Whereas, Renter and Owner Intend that ownership of the property shall transfer to Renter upon the full completion of this agreement, Now,therefore,the parties agree as follows: Renter shall pay Owner the sum of$960.00 on 04101/2008 and the same sum on the 1 st day of each month for rental of the property. If payment Is late by riiore than three days,a late fee of$50.00 shall be due immediately from Renter. The parties agree that the purchase price of the property is$179,000. The parties agree that$950.00 of each month's rent payment shall be applied towards purchase of the property. The parties agree that ownership of the property shall transfer to Renter upon Renter's completion of 12 payments as described above. The parties agree that If Renter falls to complete the contemplated purchase of the property for any reason,no refunds or credits shall be due to Renter. Renter acknowledges there are no kitchen appliances in said property. Renter shall be responsible for any kitchen appliances.Appliances purchased by Renter will remain with then Renter. Renter shall maintain the property,at Renter's expense, In clean,good working order. Any home improvement(s)shall constitute as"sweat equity"towards the purchase of the said property. Renter shall indemnify and hold harmless Owner against any and all claims,damages, or actions arising from Renter's possession or use of the property. In witness to their agreement to the terms of this contract,the parties affix their signatures below: lool Owner,signature&date Renter,signature&date Address 110 Fairway Drive Address X38' iS'S'3" 04 - Sr '_ City, state,Zip Carlisle PA 17015 city,state, Zip ,A,4 ./7 1:r7 Telephone: (717)386.8552 Telephone:_ 717:7 72%6,333 i BILL OF SALE Sate Date: .25 April 2010 Sale Amount: $ 1, 00.00 8 Amount Tendered: $ 1,5Q0 g Balance Owed: $ 0.00 Balance Due Date: 25 April 201Q i r Seiler Full Name: - DarjjI Mn Seller Address: 110 Fairway Drive Carlisle, PA 17015 Seller Phone: 17)3B6-8552 Buyer Full Name: Anderson Edgy. Buyer Address: 504 Charles Street Ship-RgnsbuM PA 17257 Buyer Phone: (717)729-0332 ITEM INFORMATION AND DESCRIPTION/'WARRANTY IF APPLICABLE Item Sold: Amish built Red Barn Shed Item Description: 12 s .......,......................Nothing Follows- -----------_..----_.------------------------------ Item Serial Number: Item Condition: xx AS IS Day Warranty (Check which applies) Note to Buyer: Item,Is sold to buyer on this date ZApril 20 10 , The items description Is listed above. Buyer agrees to pay seller any balance due on the.1tem described above by the due date at the top of this document or buy will forfeit all monies and deposits placed on the listed item above. Buyer and seller agree to condition of.ltem as stated above. Buyer Signature: 4 Buyer Printed Name: Anderson Seller Signature: Seller Printed Name: 7Darry an Date: �` 1 Exhibit �G � _77 Richard M, Squire&Associates,LLC Attorneys for Plaintiff By: Richard M. Squire,Esquire M.Troy Freedman,Esquire Christina C. Viola, Esquire ID.Nos. 04267/85165 308909 One Jenkintown Station 115 West Avenue, Suite 104 Jenkintown, PA 19046 L! Telephone-215-886-8790 Fax: 215-886-8791 FCDB SNPWL REO, LLC, IN THE COURT OF COMMON PLEAS CENTRE COUNTY, PENNSYLVANIA PLAINTIFF, V. NO: 2011-195 Colleen E. Felton,Derek Felton and CIVIL ACTION Any/All Tenants/Occupants 442 Orlando Avenue EJECTMENT State College, PA 16803, DEFENDANTS. ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW,this the 4" day of 7� 2011, upon consideration of Plaintiff s Motion for Summary Judgment, and upon consideration of any response thereto, and aood causing showing; it is hereby ORDERED,ADJUDGED, AND DECREED that Plaintiff s Motion for Summary Judgment is granted and that judgment is entered in favor of Plaintiff; and it is FURTHER ORDERED,ADJUDGED, AND DECREED and that the Prothonotary is directed to issue forthwith a Writ of Possession upon receipt of a Praecipe for same from Plaintiff, and it is FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff is entitled to immediate possession of the real property situated at 442 Orlando Ave, State College, PA 16803; and it is FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants Colleen E. Felton, Derek Felton and all other occupants of the real property situated at 442 Orlando Ave, State College, PA 16803,be ejected forthwith; and it is FURTHER ORDERED, ADJUDGED, AND DECREED that a monetary judgment is entered in favor of Plaintiff and against Defendants Colleen E. Felton,Derek Felton and all other occupants in the amount of$1,208.50 pursuant to 42 Pa. C.S. §250')(7). BY/17E COURT: J. m IF LED y 22 Y-ZR 2011 .04r59 .pm rMl Afthstrejon - E. THOMPSON . DEUTSCHE BANK NATIONAL TRUST IN THE COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR OF PHILADELPHIA COUNTY, ti ,I_MERIQUEST MORTGAGE PEZ!?NSYLVANIA 1 SERCURITIES,INC., QUEST TRUST 2003 `r X2,ASSET-BACKED CERTIFICATES, CIVIL ACTION NO'::3589 F ` SERIES 2003-X2 August Terra 2009 4650 Relent Blvd Itvi1g,TX 7 063 ACTION IN EJECTMENT PLAINTIFF, V. ANN VASSALLO and OCCUPANTS) - ., , ,. --- - -- ., Woouall. ,Road. .. :_ Philadelphia,Pa 19118 DEFENDANT(S) ORDER GR-ANTi E\IG PLAINTIF'F'S MOTION FOR SUll�Y.IUDGAIENT :_AXD_XPW,�his;the daKof�_ 2011 jigch_Q sideration .. of Plaintiff's Motion for;S=. =a-y:Jud t d:upon:eoxisideration of any response..tliereto; :. . andgo.odcausingshowing;°itishereby ORDERED,ADJUDGED,AND,DECREED that Plaintiff's Motion for Sutiirnary. Judgment is granted and that judgment is entered in favor of Plaintiff, and it is FURTHER ORDERED,ADRUDGED,AND DECREED and that the Prothonotary is directed to issue forthwith a Writ of Possession upon receipt,of a Praecipe for same from Plaintiff; and it is FURTHER ORDERED,ADJUDGED,AND DECREED-that Plaintiff is entitled to , immediate possession of the real property situated at 35 Woodale Road,Philadelphia,Pa 19118; and it is DOCKETED Deutsche Bank National-ORDER MAY 13 2011 ©.F�►GREW f 09080358900023 CIVII.A�Jl�fit�ISTPA ION Case ID: 09080389 . Control No.: 11033296 COPSES SENT PURSUANT TO Pa.R.C.P. 236(b) G. BA/X'T ER 15/5t 0 l e a FURTFi�R ORDERED,ADJUDGED,AND DECREED that Defendant,Ann Vassal-lo :.:•.; and all other occupants of the real property situated at 35 V7oodale Road,Philadelphia,Pa 191 i 8, t be ejected fojdhww•ith;and it is `^ FURTHER ER ORDERED,ADJUDGED,AND DECREED diet a monetary judo n ft is entered-in.favor;of Plaintiff and aggais2st Defendant Ann,Vassallo and all occupants L the amount of$755.56 pursuant to 42 Pa."C.S. §25033(7). -.- . _.......: :_... . ...: :....:BY TFiE..COURT i Case TD: 09080389 Control No.: 1.1.033296 e , r, Deutsche Sank National Trust Company,as IN THE COURT OF COMMON PLEAS Trustee in trust for the benefit of the Certificateholders for Arneriquest Mortgage LACKAWANNA COUNTY,PENNSYLVANIA Securities Inc.Asset Backed Pass-Through Certificates,Series 2005-R1, NO: 10-CV-8401 PLAINTIFF, V. CIVIL ACTION Lorraine Goeringer C— CJ and Occupants -- '� EJECTMENT DEFENDANTS. _ z4' N - CD ORDER GRANTING PLAI TIFF'S MOTION FOR SUMMARY JUDGMENT /'fn AND NOW,this the day of / " �.20 on consideration of Plaintiffs Motion for Summary Judgment,and upon consideration of any response thereto,and good causing showing;it Is hereby i ORDERED,ADJUDGED,AND DECREED that Plaintiff's Motion for Summary Judgment is granted and that judgr-neat is entered in favor of Plaintiff;and It Is f FURTHER ORDERED,ADJUDGED,AND DECREED and that the Prothonotary is directed to issue forthwith a Writ of Possession upon receipt of a Praecipe for same from Plaintiff;and it is i FURTHER ORDERED,ADJUDGED,AND DECREED that Plaintiff is entitled to immediate possession of the real property situated at 263 Carbondale Road,Clarks Summit, PA 18411;and it Is e e FURTHER ORDERED,ADJUDGED,AND DECREED that Defendants, Lorraine Goeringer,and all other occupants of the real property situated at 263 Carbondale Road,Clarks Summit, PA 18411,be ejected forthwith;and it is FURTHER ORDERED,ADJUDGED,AND DECREED that a monetary judgment Is entered In favor of Plaintiff and against Defendant, Lorraine Goeringer,in the amount of$758.50 pursuant to 42 Pa.C.S. §2503(7). BY THE COURT: J. e cc: Written notice of the entry of the foregoing Order has been provided to each party pursuant to Pa.R.Civ.P. 236(a)(2) by mailing time-stamped copies to' Attorney for Plaintiff: M. Troy Freedman, Esq. 115 West Ave., Suite 104 Jenkintown, PA 19046 Attorney for Defendant: Paul J. LaBelle,Esq. Paul J. LaBelle&Associates,LLC 116 North Washington Ave., Suite 2-H Scranton,PA 18503 e e r Aurora Loan Services,LLC, IN THE COURT OF COMMON PLEAS MONROE COUNTY, PENNSYLVANIA PLAINTIFF, NO: 6514 CV 12 V CIVIL ACTION Leila Nassi and Any/All Tenants/Occupants, EJECTMENT DEFENDANTS. ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY J DGINIENT a AND NOW,this the day 20,' ,upon consideration of Plaintiff's Motion for Summary Judgment, and upo&c-€nsideration of any response thereto, and good causing showing;it is hereby ORDERED,ADJUDGED,AND DECREED that Plaintiff's Motion for Summary Judgment is granted and that Plaintiff is entitled to immediate possession of the real property situated at 2008F Meadow Lake Road, Saylorsburg, PA 18353; and it is; and it is FURTHER ORDERED,ADJUDGED, AND DECREED that Defendant(s),Leila Nassi, t Janise Fenner, and all other occupants of the real property situated at 2008F Meadow Lake Roast, Sa lorsbur ,PA 18353 shall vacate and dispossess such roe ` y g p property,rty, and remove all personal items therefrom, forthwith or be ejected after issuance of a Writ of Possession; and it is - 6 FURTHER ORDERED,ADJUDGED, AND DECREED that any/all personal items left in or remaining in the property situated at 2008F Meadow Lake Road, Saylorsburg, PA 18353 after voluntary dispossession thereof shall be deemed abandoned; and it is FURTHER ORDERED, ADJUDGED, AND DECREED that the Prothonotary is directed to issue forthwith a Writ of Possession upon receipt of a Praecipe for same from Plaintiff,and it is FURTHER ORDERED, ADJUDGED, AND DECREED that a monetary judgment is entered in favor of Plaintiff and against Janise Fenner in the amount of$1,208.50 pursuant to 42 Pa. C.S. §2503(7). BY THE COURT: . Y r"f j a i M. Troy Freedman,Esquire Richard M. Squire&Associates,LLC One Jenkintown Station, Suite 104 Ci_ 77 115 West Avenue Jenkintown, PA 19046 Tel. (215) 886-8790 - Fax (215) 886-8791 Email tfreedman a,squirelaw.com y � LAW OFFT l'o ; 24 NorthSevonth Street j StToucLsbur& Penniylvatiia 1.8360 j TELEPHONE (570)476.6830 FAX (5. 70) 476-6974 a Email., clwslaw@ptd.net f WWW skut'nilClaw.coj-i AdIA PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter forge r),ext Argument Court.) + ---------------------------------------------------------------------------------------------------------------°rri Co �. C1 CAPTION OF CASE f �` -r3 (entire caption must be stated in fuio y Nationstar Mortgage, LLC C � VS. C:) Darryl Ryan and Any/All Tenants/Occupants < ' ' ± © No. 13-932 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Craig Oppenheimer, Esquire or local counsel (Name and Address) 115 West Avenue, Suite 104, Jenkintown, PA 19046 (b) for defendants: Daniel L. Puskar, Esquire (Name and Address) 129 South Pitt Street, Carlisle, PA 17103 3. 1 will notify all 'parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signatur Print your name Plaintiff Date: 5-29-13 Attorney for 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. 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 ADMINISTRATOR(not the Prothonotary)after the case is relisted. �/Q7si erg e7z l Richard M. Squire &Associates,LLC Attorneys for Plaintiff By: Richard M. Squire,Esquire M. Troy Freedman,Esquire Craig Oppenheimer,Esquire I.D.Nos. 04267/85165 /313264 One Jenkintown Station 115 West Avenue, Suite 104 Jenkintown,PA 19046 Telephone: 215-886-8790 Fax:215-886-8791 Nationstar Mortgage, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA `+ C- V. NO: 13-932-Civil =M Darryl Ryan CIVIL ACTION r-[, CD Any/All Tenants/Occupants, - -n DEFENDANTS. EJECTMENT CONSENT ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW,this the�da � y of �1 G—t It ,2013,upon consideration of Plaintiff s Motion for Summary Judgment,and upon consideration of any response thereto, and good causing showing;it is hereby ORDERED,ADJUDGED,AND DECREED that Plaintiffs Motion for Summary Judgment is granted and that Plaintiff is entitled to immediate possession of the real property situated at 504 Charles Street, Shippensburg,PA 17257-2118;and it is; and it is FURTHER ORDERED,ADJUDGED, AND DECREED that Defendant,Anderson Eddy,and all other occupants of the real property situated at 504 Charles Street, Shippensburg, PA 17257-2118,shall vacate and dispossess such property, and remove all personal items therefrom, forthwith or be ejected after issuance of a Writ of Possession; and it is FURTHER ORDERED,ADJUDGED,AND DECREED that any/all personal items left in or remaining in the property situated at 504 Charles Street, Shippensburg,PA 17257-2118 after voluntary dispossession thereof shall be deemed abandoned;and it is FURTHER ORDERED,ADJUDGED,AND DECREED that the Prothonotary is directed to issue forthwith a Writ of Possession upon receipt of a Praecipe for same from Plaintiff. BY THE COURT: J. For the Plaintiff roy Freedman,Esquire chard M. Squire &Associates,LLC 0 J'. T. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown,PA 19046 Tel. (215) 886-8790 Fax(215) 886-8791 Email tfreedmanQsquirelaw.corn For the Defendant,Anderson Eddy: Daniel L. Puskar,Esquire Tura Robinson,Esgs. 129 South Pitt Street Carlisle,PA. 17103 Tel. (717)245-9688 L ft4�i3 LL