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HomeMy WebLinkAbout13-5964 Supreme Court of Pennsylvania Court of Common Pleas Fo.- Prothonelary Use Onr1- Civil Cover Sheet Docket No: Cumberland County ., 1 S�C� The information collected on this form is used solely court administration purposes. This form does not supplement or replace the film and service o fpleadings or other papers as required by law or rules of court. S Commencement of Action: E ! x Complaint ❑ Writ of Summons ❑ Petition C ❑ Transfer from Another Jurisdiction ❑ Declaration of Takin Lead Plaintiff's Name: DEUTSCHE BANK NATIONAL Lead Defendant's Name: CINDY HOKE, AS EXECUTRIX OF THE T, TRUST COMPANY AS TRUSTEE, FKA BANKERS ESTATE OF EDITH A. RILAND, DECEASED OR OCCUPANTS I TRUST COMPANY OF CALIFORNIA, N.A., AS O TRUSTEE FOR ASSET BACKED CERTIFICATES, SERIES 1999 -2 N Are money damages requested?: ❑ Yes X No Dollar Amount Requested: within arbitration limits A Check one outside arbitration limits Is this a Class Action Suit? D❑ Yes OX No Is this an MDJA eal? ❑ Yes OX No Name of Plaintiff/Appellant's Attorney: Martha Von Rosenstiel, Esa. ❑ Check here if you are a Self-Represented Tro Se Litigant Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your P:RI 4RY C_4 SE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include 1vass Tart) CONTRACT (do nor hiclude Judgmanrs) CI`'IL APPEALS 0 intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability ❑ Statutory Appeal: Other Product Liability (clogs not include mass tort) ( Employment Dispute: SlandevL,ibel, Defamation Discrimmation C 0 Other. Employment Dispute: Other 0 Zoning Board T 0 Other: - 0 Other: o INIASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY `USCELLANEOUS Toxic Waste Other: El 0 Ejectment 0 Common Late ;/Statutory Arbitration 0 Eminent DomainfCondetumtion 0 Declaration Judgment 0 Ground Rent Mandamus 0 LandlordlTenant Dispute `?on- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY © Mortgage Foreclosure: Commercial El Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal ® Quiet Title 0 Other: 0 Medical Other: 0 Other Professional: — i pdated11V2Q11 Martha E. Von Rosenstiel, P.C. 1 ' ` 32636- CFC -EM -ROT E 3 �'� y Martha E. Von Rosenstiel, Esquire Attorne for Plaintiff 649 South Avenue, Unit #7 )n 1 OCT 1 Secane, PA 19018 LU (610) 328 -2887 ILIMBERLAND COU14TY Attorney I.D. #52634 PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS COURT OF COMMON PLEAS OF TRUSTEE, FKA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR ASSET BACKED CERTIFICATES, SERIES 1999 -2 3415 Vision Drive CUMBERLAND COUNTY Columbus, OH 43219 Plaintiff CINDY HOKE, AS EXECUTRIX OF THE ESTATE OF / EDITH A. RILAND, DECEASED OR OCCUPANTS 115 South Humer Street Enola, PA 17025 Defendant(s) CIVIL ACTION - EJECTMENT NOTICE ADVISO You have been sued in court. If you wish to defend against the claims Le ban demandado a usted en la corte. Si usted quiere defenderse de set forth in the following pages, you must take action within twenty (20) estas demandas expuestas en las paginas siguientes, usted tiene days after this complaint and notice are served, by entering a written veinte (20) dias de plazo al partir de la fecha de la demanda y la appearance personally or by attorney and filing in writing with the court notificacion. Hace falta a sentar una comparencia escrita o en your defenses or objections to the claims set forth against you. You are persona o con un abogado y entregar a la corte en forma escrita sus warned that if you fail to do so the case may proceed without you and a defensas o sus objeciones a las demandas en contra de su persona. judgment may be entered against you by the court without further notice Sea a visado que si usted no se defiende, la corte toma ra medidas y for an y money claimed in the complaint or for any other claim or relief puede continuar la demanda en contra suya sin previo aviso o requested by the plaintiff. You may lose money or property or other notificacion. Ademas, la corte puede decidir a favor del rights important to you 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT LLEVE ESTA DEMANDA A UN ABOGADO ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN TELEPHONE THE OFFICE SET FORTH BELOW. THIS PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT . ESTA OFICINA LE PUEDE PROVEER INFORMACION HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR I WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER A UN ABOGADO, LE PODEMOS DAR INFORMACION LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED SOBRE AGENCIES QUE PROVEEN SERVICIO LEGAL A FEE OR NO FEE PERSONAS ELEGIBLE PARA SERVICIO$.A COSTO REDUCIDO O GRATUITO i CUMBERLAND COUNTY BAR ASSOCIATION S 2 LIBERTY AVENUE ` b3. BS I Q� CARLISLE, PA 17013 'C 717- 249 -3166 6 6HL4 S 800- 990 -9108 „ aYwrf<ra. .. usar,..au.;, WUi5`a , . , •.uwri s, .. MARTHA E. VON ROSENSTIEL, P.C. 32636- CFC -EM 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 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS OF COMPANY AS TRUSTEE, FKA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR ASSET BACKED CERTIFICATES, SERIES 1999 -2 34I5 Vision Drive CUMBERLAND COUNTY Columbus, OH 43219 Plaintiff V. NO. CINDY HOK.E, AS EXECUTRIX OF THE ESTATE OF EDITH A. RILAND, DECEASED OR OCCUPANTS 115 South Humer Street Enola, PA 17025 Defendants) CIVIL ACTION - EJECTMENT 1. PIaintiff, Deutsche Bank National Trust Company as Trustee, FKA Bankers Trust Company of California, N.A., as Trustee for Asset Backed Certificates, Series 1999 -2, is the owner of premises known as 115 South Humer Street, Enola, PA 17025, 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 Sheriffs sale held on June 05, 20I3, in the execution of a judgment in mortgage foreclosure obtained in the Court of Common Pleas of Cumberland County, Docket No.:2010 -4506 , where Plaintiff was the successful bidder. 3. The Plaintiff became the owner of the said property by a sheriffs deed recorded on August 27, 2013 in the Office of the Recorder of Cumberland County at Instrument No. 201328465, said Deed being a matter of public record and said recording information provided in lieu of a copy of the Deed, pursuant to Pa.R.C.P. 1019(g). 4. Plaintiff, by virtue of the aforesaid title, is the owner in fee of the said premises, and is entitled to possession thereof. The Defendants Cindy Hoke, as Executrix of the Estate of Edith A. Riland, Deceased or Occupants are occupying the said premises without right, and so far as the Plaintiff is informed, without claim of title. WHEREFORE, plaintiff demands judgment for possession of 115 South Humer Street, Enola, PA 17025. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P.C. BY: C4, Martha E. Von Rosen bEsqui e Heat her Riloff, Esquir Attorneys for Plaintiff VERIFICATION I, A L P A- WIV 6 C , verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 related to unsworn falsification to authorities. Deutsche Bank National Trust Company as Trustee, FKA Bankers Trust Company of California, N.A., as Trustee for Asset Backed Certificates, Series 1999 -2 By: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, its Attorney -in -Fact By: Name: ��I Alma Hm c Title: We PreskWg DATE: Defendant Name: Cindy Hoke, as Executrix of the Estate of Edith A. Riland, Deceased or Occupants Property Address: 115 South Humer Street, Enola PA 17025 >..., we . EXHIBIT I TA' PARCEL NO 0- and 0 - 15.1290-045A All THAT CERTAIN let, tract of land, parcer, piece of ground with the buildings and Improvements thereon erected, situate in the Village of East Enola ber , East Pennsboro Township, Cumberland County, PennsyivinIA, bounded and described as foEows, Deeds for Cu to wit; THE MADE u BEGINNING BEING Lots 21 and 12, Seaton G, In the Plan of West Enola, which plan Is recorded in the Off of the Recorder of Cumberland County in plan Book 2, Page 70 ALL THAT CERTAIN Ion or piece of land of West Encla, EaSt Pennsboro Township, Camtterta County, Penns located On the welt side of Somerset Street, plan ly BEGINNING at a point, which point is 185 feet measured in a northerly directs n from the northwest carrier o described u follows, to wit: Westmoreland Rand; t henc e , in a f ool ll dkection along tot No. 11, Seetion G on the bere,nafter mentioned Plan. paint on the easterly lint distance of 240feet to a ne of a 15 foot alley, thence in a northerly direction along said alley 50 feet to a along the fine Of lot No. U. Section G on said plan 194 feet to a point on She westerly fine of Somerset point; thence in an easterly dir ection along Somerset Street, a feet to a paint, the place Street; thence in a southerly direction husband and wife by deed of BEGINNING BEING the sa Premises which Edith Shank Riland and William F. Ritand, d dated 7Ji 1/3561 and same Premises recorded 7 / 1 5/1961, in book 620, page 315, granted and conveyed to William E. Rltand'and Edith A. Rfland, husband and wife, grantors herein. ALSO BEING the sane premises which William E. Riland and Edith A. Itiland formerly Edith A. Shank, husb s si and recorded 7 /1511951, in and and wifq, by deed dated granto herein. book G20, page 31a, granted and conveyed to Wdaam I- f1dand and Edith A. Niand, husband and wife, g(an BEING Lot No. 13, Section G 00 the plan of West Errata. IMPROVEMENTS consist of a residential d Welling. MUNICIPALITY EAST PENN500RO TOWNSHIP BEING PREMISES.1t5 South Hunter Street, Enela PA 17025 BEGINNING at a point an the westerly fine of Hume( Street on the line dtvWhg tots MOS. 10and 11, Section G, on the hereinafter mentioned Plan of tots: thence in a southerly direction ntlo Hunter Street 100 feet to a point; thence M a westerly direction along Bne divld' Dots 12 and 13, Section G. on the here]nafter mentioned Plan of Lost,140 feet o a Ol foot wide al feet toe paint; thence along the line dividing Lots Nos. 10 and lion saki Plan, 140 feet to Nos �Y thence along the eastern l ne of said alley 100 SOLD as the propErty of CINDY HORE. AS EXECUTRIX Of THE ESTATE OF EDITH A. MLANp, DECEASED TAX PARCEL No. 0 9.15- 1290 -D45 and 09•is -1294 045A AND BEING the same premises which were sold to DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, FKA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR ASSET BACKED CERTIFICATES, SERIES 1999 -2, as Trustee by the Sheriff of CUMBERLAND County on June 05, 2013 in execution of a judgment in mortgage foreclosure entered in the Court of Common PIeas of CUMBERLAND County Docket No. 2010 -4506. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith # '' Chief Deputy , Richard W Stewart t asp Solicitor 0 U OF T� S4 ERr€ Deutsch Bank National Trust Co. Case Number vs Cindy Hoke 2013-5964 SHERIFF'S RETURN OF SERVICE 10/14/2013 04:50 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Ejectment as"Not Found"at 115 S. Humer Street, East Pennsboro Township, Enola, PA 17025. Residence is vacant. 10/14/2013 04:50 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Cindy Hoke, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Ejectment as"Not Found"at 115 S. Humer Street, East Pennsboro Township, Enola, PA 17025. Residence is vacant. SHERIFF COST: $65.95 SO ANSWERS, / October 17, 2013 RbNW R ANDERSON, SHERIFF tc}iyounTJSu�G:;fiurt;,?eiroscft.! ,,.