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HomeMy WebLinkAbout13-7116 Supreme Co , ennsylvania Con ; Com,mo leas For Prothonotary Use Only. C 1 J r 11 _ t Docket No: Cu nand` County y' 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: S � Complaint E3 Writ of Summons l� Petition Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T U.S. Bank National Association Kurt Vogelsong and Any/All Tenants /Occupants I Are money damages requested? Yes Q No Dollar Amount Requested: ®within arbitration limits (check one) IM outside arbitration limits N Is this a Class Action Suit? Yes EM No Is this an MDJAppeal? 13 Yes E No A Name of Plaintiff /Appellant's Attorney: Kevin P. Diskin, Esquire l] Check here if you have no attorney (are a Self- Represented [Pro Sel 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 include Judgments) CIVIL APPEALS Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution ll Debt Collection: Credit Card Board of Assessment ® Motor Vehicle 0 Debt Collection: Other Board of Elections Nuisance 171 Dept. of Transportation l3 Premises Liability d Statutory Appeal: Other S Product Liability (does not include E mass tort) Employment Dispute: rl Slander/Libel /Defamation Discrimination C © Other: ® Employment Dispute: Other E3 Zoning Board , Other: I ® Other: O MASS TORT © Asbestos N El Tobacco Q Toxic Tort - DES [ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste xJ Ejectment [3 Common Law /Statutory Arbitration B ® Other: ® Eminent Domain/Condemnation ®Declaratory Judgment l] Ground Rent ® Mandamus Landlord/Tenant Dispute ® Non- Domestic Relations © Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY © Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental ® Partition © Replevin ® Legal ® Quiet Title l3 Other: Medical ® Other: Other Professional: Updated 1/112011 Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire "�� 0 ID. Nos. 04267 / 86727 / 313264 WtC) One Jenkintown Station j 115 West Avenue, Suite 104 Jenkintown, PA 19046 -G Telephone: 215 - 886 -8790 Fax: 215 - 886 -8791 U.S. Bank, National Association, successor trustee IN THE COURT OF COMMON PLEAS to Bank of America, N.A., as successor to LaSalle Bank, N.A. as Trustee for the Merrill lynch First CUMBERLAND COUNTY, PENNSYLVANIA Franklin Mortgage Loan Trust, Mortgage Loan Asset- Backed Certificates, Series 2007 -3, PLAINTIFF, V. CIVIL ACTION Kurt Vogelsong Any /All Tenants /Occupants EJECTMENT 36 King Drive Carlisle, PA 17013 -9083 DEFENDANTS. COMPLAINT - CIVIL ACTION NOTICE TO DEFEND NOTICE DOCUMENT13LC I n � -75p�a 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 suya sin previo aviso o 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 LLEVE ESTA DEMANDA A UN ABOGADO CANNOT AFFORD ONE, GO TO OR TELEPHONE THE INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO OFFICE SET FORTH BELOW TO FIND OUT WHERE TIENE EL DINERO SUFICIENTE DE PAGAR TAL YOU CAN GET LEGAL HELP. SERVICIO VAYA EN PERSONA O 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 Carlisle, PA 17013 717 - 249 -3166 and 800 - 990 -9108 DOCUMENT13LC Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 86727 / 313264 One Jenkintown Station 115 West Avenue, Suite 104 Jenkintown, PA 19046 Telephone: 215 - 886 -8790 Fax: 215- 886 -8791 U.S. Bank, National Association, successor trustee IN THE COURT OF COMMON PLEAS to Bank of America, N.A., as successor to LaSalle Bank, N.A. as Trustee for the Merrill lynch First CUMBERLAND COUNTY, PENNSYLVANIA Franklin Mortgage Loan Trust, Mortgage Loan Asset - Backed Certificates, Series 2007 -3, NO: PLAINTIFF, V. CIVIL ACTION Kurt Vogelsong Any /All Tenants /Occupants EJECTMENT 36 King Drive Carlisle, PA 17013 -9083 DEFENDANTS. COMPLAINT DOCUMENT13LC 1. Plaintiff, U.S. Bank, National Association, successor trustee to Bank of America, N.A., as successor to LaSalle Bank, N.A. as Trustee for the Merrill lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset - Backed Certificates, Series 2007 -3 (hereinafter "U.S. Bank, National Association, successor trustee to Bank of America, N.A., as successor to LaSalle Bank, N.A. as Trustee for the Merrill lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset - Backed Certificates, Series 2007 -3 "), is a corporation, partnership, limited partnership, limited liability company, federal savings bank, federal credit union, or national banking association under and pursuant to the National Banking Act (13 Stat. 99, 12 U.S.C. ' 1 et seq.) with an address at 1800 Tapo Canyon Road, Simi Valley, CA 93063. 2. Defendants are Kurt Vogelsong, an adult individual, and Any /All Tenants /Occupants, residing at 36 King Drive, Carlisle, PA 17013 -9083. 3. At all times material hereto, plaintiff was, and still is, the owner in fee simple of the real estate situated at 36 King Drive, Carlisle, PA 17013 -9083 ( "Property "). 4. Plaintiff was conveyed fee simple ownership of the Property by virtue of the Sheriff's Deed, which also contains the legal description of the Property, has been delivered and dully recorded in the Recorder of Deeds' Office. A true and correct copy of the Sheriff's Deed is attached hereto, made part hereof and marked has Exhibit "A." S. At all times material hereto, Defendants have unjustifiably withheld and continue to unjustifiably withhold possession of the Property from Plaintiff. 6. No landlord- tenant relationship exists between Plaintiff and Defendant and no such relationship was created as a result of the mortgage foreclosure. DOCUMENT13LC 7. 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. 8. Defendants are occupying the Property illegally. 9. As the legal owner of the Property, Plaintiff is entitled to immediate possession and immediate enjoyment thereof. DOCUMENT13LC WHEREFORE, plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against defendants, Kurt Vogelsong, 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: Ri . and M. Squire, Esq. (PA I.D.# 04267) Kevin P. Diskin, Esq. (PA I.D. # 86727) 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 kdiskin@squirelaw.com coppenheimer@squirelaw.com Attorneys for Plaintiff Dated: DOCUMENT13LC Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 86727 / 313264 One Jenkintown Station 115 West Avenue, Suite 104 Jenkintown, PA 19046 Telephone: 215 - 886 -8790 Fax: 215- 886 -8791 U.S. Bank, National Association, successor trustee IN THE COURT OF COMMON PLEAS to Bank of America, N.A., as successor to LaSalle Bank, N.A. as Trustee for the Merrill lynch First CUMBERLAND COUNTY, PENNSYLVANIA Franklin Mortgage Loan Trust, Mortgage Loan Asset - Backed Certificates, Series 2007 -3, NO: PLAINTIFF, V. CIVIL ACTION Kurt Vogelsong Any /All Tenants /Occupants EJECTMENT 36 King Drive Carlisle, PA 17013 -9083 DEFENDANTS. VERIFICATION DOCUMENT13LC J , hereby states that he /she is employed as Vice President - Document Control of U.S. Bank, National Association, successor trustee to Bank of America, N.A., as successor to LaSalle Bank, N.A. as Trustee for the Merrill lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset - Backed Certificates, Series 2007 -3, the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Ejectment are true and correct to the best of my information and belief. 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: DATE: 11 'a �' Title: der File #: Name: Kurt Vogelsong Any /All Tenants /Occupants 36 King Drive Carlisle, PA 17013 -9083 DOCUMENT13LC Exhibit "A" DOCUMENT13LC I 111 1 VG Tax Parcel No. 38 -05- 0435 -001 Know all Men by these Presents 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 U.S. Bank, National Association, Successor Trustee to Bank of America, N.A., as Successor to LaSalle Bank, N.A. as Trustee for The Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset - Backed Certificates, Series 2007 -3 2012 -167 Civil Term U.S. Bank, National Association, Successor Trustee to Bank of America, N.A., as Successor to LaSalle Bank, N.A. as Trustee for The Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset - Backed Certificates, Series 2007 -3 Vs Tina M. Vogelsong Kurt W. Vogelsong Jerry A. Vogelsong ALL THAT certain lot of land located in Silver Spring Township, Cumberland County, Pennsylvania, known as Parcel "C" in a Final Subdivision Plan for King Drive Corp., as prepared by Walker Associates (Drawing No. F, Book 85 -3), and as more particularly described as follows, to wit: BEGINNING at an iron pin on line of lands now or formerly of Helen Vogelsong, at the dividing line between Parcel B and Parcel C as described on the hereinabove mentioned Subdivision Plan; thence along said dividing line, South 70 degrees 38 minutes 60 seconds West, a distance of 895.24 feet to an iron pin; thence South 20 degrees 21 minutes 30 seconds East, a distance of 229.70 feet to an iron pin on the Northerly right -of -way line of an existing gravel lane (25 feet wide); thence along said Northerly right -of -way line of the gravel lane (erroneously referred to as "land" in prior deed), South 74 degrees 21 minutes 50 seconds West, a distance of 586.61 feet to a railroad spike at lands now or formerly of H.D. and Minnie E. Vogelsong; thence South 79 degrees 23 minutes 20 seconds East, a distance of 39.72 feet to a p.k. nail; thence North 84 degrees 15 minutes, 50 seconds East, a distance of 43.24 feet to an iron pin on the Southerly right -of -way line of the gravel lane; thence along same, North 74 degrees, 21 minutes 50 seconds East, a distance of 510.27 feet to an iron pin; thence South 01 degrees 00 minutes 00 seconds East a distance of 443.78 feet to a fence post; thence 84 degrees 09 minutes 00 seconds East, a distance of 867.31 feet to an iron pin at a fence post on line of lands now or formerly of Ronald E. Ryan; thence along same and lands now or formerly of Helen Vogelsong, North 07 degrees 19 minutes 30 seconds West, a distance 898.20 feet to an iron pin, the point and place of BEGINNING. Containing 15.77 acres, more or less. UNDER AND SUBJECT to a 30 feet wide drainage easement. UNDER AND SUBJECT to all acts of assembly, county and township ordinances, rights of public utility and public service companies, existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto. Property being known as: 36 King Drive, Carlisle, Pennsylvania 17015. BEING the same premises which DOUGLAS J. VOGELSONG, UNMARRIED PERSOON; TINA M. VOGELSONG, UNMARRIED PERSON; KURT W. VOGELSONG, ALSO KNOWN AS KURT D. VOGELSONG, UNMARRIED PERSON AND JERRY A. VOGELSONG, UNMARRIED PERSON, by deed dated March 22, 2007 and recorded April 2, 2007 in the office of the Recorder in and for Cumberland County in Deed Book 279, Page 1926, granted and conveyed to Tina M. Vogelsong, Kurt W. Vogelsong and Jerry A. Vogelsong in fee. TAX MAP PARCEL NUMBER: 38 -05- 0435 -001 The same having been sold by me to the said grantee on the 4th day of September Anno Domini Two Thousand and Thirteen (2013) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 30th of August Anno Domini 2012 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Twelve (2012) Number 167 at the suit of U.S. Bank, National Association, Successor Trustee to Bank of America, N.A., as Successor to LaSalle Bank, N.A. as Trustee for The Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset - Backed Certificates, Series 2007 -3 —vs- Tina M. Vogelsong, Kurt W. Vogelsong and Jerry A. Vogelsong In Witness Whereof, I have hereunto affixed my signature this 27th day of September Anno Domini Two Thousand and Thirteen (2013) o R. 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 2 7 th day Of September Anno Domini Two Thousand and Thirteen (2013) thon otary,Qla�� 17 Prothonotary, Cumberland County, Ca • P 1014 My Commission Expires the First Monday ]an I hereby certify that the residence `serf +U; ;tii�' And Post Office address of the Within Grantee is 1800 Tapo Canyon Road Simi Valley, CA 93063 Richard W. Stewart Solicitor REV -183 EX (04 -10) RECORDER'S USE ONLY IV pennsylvania REALTY TRANSFER TAX State Tax Paid DEPARTMENT OF REVENUE STATEMENT OF VALUE - emit Bureau of Individual Taxes Papa N„mhwr �� y PO Box 280603 See reverse for instructions. 7 Harrisburg, PA 17128 -0603 Date Recorded Complete each section and file in duplicate with Recorder of Deeds when (1) the full value /consideration is not set forth in the deed, (2) the deed is without consideration or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on family relationship or public utility easement. If more space is needed, attach addit sheets. A. CORRESPONDENT - Ali inquires may be directed to the following person: Name Telephone Number McCabe, Weisberg and Conway, P.C. 215- 790 -1010 Mailing Address City State Zip Code 123 S. Broad Street Suite 1400. Phi _ _ PA 19109 B. TRANSFER DATA C. Date of Acceptance of D Grantor(s) /Lessor(s) Grantee(s) /Lessee(s) U.S. Bank, National Association, Successor Trustee to Sheriff of Cumberland Bank of America, N.A. as Successor to LaSalle Bank, N.A. as Trustee for The Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset - Backed Certificates, Series 20 -3 Mailing Address Mailing Address 1 Courthouse Square, Third Floor 1800 Tapo Canyon Road City State Zip Code City State Zip Code Carlisle PA 17013 Simi Valley CA 93063 D. REAL ESTATE LOCATION Street Address City, Township, Borough 36 King Drive Silver Spring Township County School District I Tax Parcel Number Cumberland Cumberland Valley School District 1 38 -05- 0 435 - 001 E. VALUAT DATA - WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION? ❑ Y ❑ N 1. Actual Cash Consideration 2. Other consideration 3. Total Consideration $1.00 +0.00 = $1.00 4. County Assessed Value 5. Common Level Ratio Factor 6. Fair Market Value $350,700.00 x 0.97 = $340_,179.00 _ F. EXEMPTION DATA 1a. Amount of Exemption Claimed 1b. Percentage of Grantor's Interest in Real Estate 1c. Percentage of Grantor's Interest Conveyed 100 100% 100% Check Appropriate Box Below for Exemption Claimed. C] Will or intestate succession. (Name of Decedent) (Estate File Number) E] Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ❑ Transfer from a trust. Date of transfer into the trust If trust was amended attach a copy of original amended trust. p Transfer between principal and agent/straw parry. (Attach complete copy of agency /straw parry agreement.) p Transfers to the commonwealth, the U.S. and instrumentalities by gift, dedication, condemnation or in lieu of con- demnation. (If condemnation or in lieu of condemnation, attach a copy of resolution.) Transfer from mortgage to a holder of a mortgage in default. (Attach copy of mortgage and note /assignment.) E] Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.) E] Statutory corporate consolidation, merger, or division. (Attach copy of article.) ❑ Other (Please explain exemption claimed.) Property was sold at Sheriff sale on September 4 2013 to U.S. Bank, National Association Successor Trustee to Bank of America N.A. as Successor to LaSalle Bank, N.A. as Trustee for The Merrill Lynch First Franklin Mortgage Loan Trust Mortgage Loan Asset- Backed Certificates, Series 2007 -3 as holder of a mortgage in default, and, thus, tax exempt. Under penalties of law, I declare that 1 have examined this statement, including accompanying information, and to the best of my knowledge and belief, it is true, correct and complete. Signature of a pondent or ponsible Party Date FAILUR TO C PLE THIS FORM PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY OtESULT IN THE RECORD 'S REFUSAL TO RECORD THE DEED. ROB ERT P. ZIEGL RECORDER OF DEEDS CUMBERLAND COUNTY''`'.: 1 COURTHOUSE SQUARE CARLISLE, PA 17013 1W , 717 - 240 -6370 - Instrument Number - 201333634 Recorded On 10/14/2013 At 11:06:24 AM * Total Pages - 5 • Instrument Type - DEED - SHERIFF'S Invoice Number - 149214 User ID - SW • Grantor - VOGELSONG, TINA M • Grantee - MORTGAGE LOAN ASSET - BACKED CERT SERIES 2207 -3 • 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 $15.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CUMBERLAND VALLEY SCHOOL $0.00 DISTRICT SILVER SPRING TOWNSHIP $0.00 TOTAL PAID $68.00 I Certify this to be recorded in Cumberland County PA c� c4 auMes RECORDER O D EDS r�so * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0032VG I I II I I III�II I II I III III SHERIFF'S OFFICE OF CUMBERLAND COUNTY TY Ronny R Anderson { • Sheriff l�? j,�,� �a;� � tii`a` 041+tr ai Cir�raP ett,,, DEC „ �t Jody S Smith ` ' i ` PM :. _ Chief Deputy �t 1D Richard W Stewart Solicitor OFF_( , 4. U.S. Bank National Assocation vs. Case Number Kurt W. Vogelsong 2013-7116 SHERIFF'S RETURN OF SERVICE 12/04/2013 02:27 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Ejectment by"personally” handing a true copy to a person representing themselves to be the Defendant, to wit: Kurt W. Vogelsong at 36 King Drive, Silver Spring Township, Carlisle, PA 17015. DEN S FRY, D- -U 12/05/2013 Sheriff Ronny R Anderson, 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 Served"at 36 King Drive, Silver Spring Township, Carlisle, PA 17015. Defendant Kurt Vogelsong was served this Complaint in Ejectment. SHERIFF COST: $50.78 SO ANSWERS, December 05, 2013 RONR ANDERSON, SHERIFF u,,ty u 0 horrf e >>o`•. +•c.