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Home My WebLink About14-1604 � For Prothonotary Use Only: wprem a Court. f Pennsylvania 15� 1' Coififi , P leas 4 A ll St`s j. h Docket No. , Cumb hand 4 n ity 14-1664 Term The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and set-vice ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiffs Name: Wells Fargo Bank, N.A. Lead Defendant's Name: Kelly A. Johnson T j U Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: 11 within arbitration limits (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: McCabe, Weisberg and Conway, P.C. L ❑ Check here if you have no attorney (a Self - Represented JPro 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 include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance 1 ❑ Department of Transportation ❑ Premises Liability (does not include ❑ Statutory Appeal: Other S mass tort) E ❑ Slander/Libel/Defamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other i O ❑ Other € N MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant B ❑ Toxic Waste REAL PROPERTY MISCELLANEOUS ® Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Disput ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto E ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: I Updated 1/1/2011 McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 C r.-) -- MARC S. WEISBERG, ESQUIRE - ID # 17616 -� i f EDWARD D. CONWAY, ESQUIRE - ID # 34687 *+ MARGARET GAIRO, ESQUIRE - ID # 34419 U,r r' ' CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 -< CD JOSEPH I. FOLEY, ESQUIRE - ID #314675 -- n JENNIFER WUNDER, ESQUIRE - ID #315954 123 South Broad Street, Suite 1400 Z Philadelphia, Pennsylvania 19109 ' 215 790 -1010 Wells Fargo Bank, N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Number: 14- l loo 7 0 Kelly A. Johnson, Michael D. Johnson and Occupants COMPLAINT IN EJECTMENT NOTICE AVISO You have been sued in court. If you wish to defend against the Le ban demandado a usted en la corte. Si usted quiere defenderse claims set forth in the following pages, you must take action de estas demandas ex- puestas en las paginas siguientes, usted within twenty (20) days after this complaint and notice are tiene veinte (20) dias de plazo al partir de la fecha de la demanda served, by entering a written appearance personally or by y la notificacion. Hace falta asentar una comparencia escrita o attorney and filing in writing with the court your defenses or en persona o con un abogado y entregar a la corte en forma objections to the claims set forth against you. You are warned escrita sus defensas o sus objeciones a las demandas en contra de that if you fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende, la corte judgment may be entered against you by the court without further tomara medidas y puede continuar la demanda en contra suya sin notice for any money claimed in the complaint or for any other previo aviso o notificacion. Ademas, la corte puede decidir a claim or relief requested by the plaintiff. You may lose money favor del demandante y requiere que usted cumpla con todas las or property or other rights important to you. provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LLEVE ESTA DEMANDA A UN ABOGADO LAWYER AT ONCE. IF YOU DO NOT HAVE A INMEDIATAMENTE. SI NO TIENE ABOGADO O LAWYER OR CANNOT AFFORD ONE, GO TO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR OR TELEPHONE THE OFFICE SET FORTH TAL SERVICO, VAYA EN PERSONA O LLAME BELOW TO FIND OUT WHERE YOU CAN GET POR TELEFONO A LA OFICINA CUYA HELP. DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Cumberland County Bar Association 32 South Bedford Street 32 South Bedford Street Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 S (800) 990 -9108 (800) 990 -9108 $10 -75 PC�N C� 0 11 0 $a,5 303 18 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 JOSEPH I. FOLEY, ESQUIRE - ID #314675 JENNIFER WUNDER, ESQUIRE - ID #315954 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 Wells Fargo Bank, N.A. CUMBERLAND COUNTY 3476 Stateview Boulevard COURT OF COMMON PLEAS Fort Mill, South Carolina 29715 VS. Number: Kelly A. Johnson, Michael D. Johnson and Occupants 211 S Enola Drive Enola, Pennsylvania 17025 -2808 COMPLAINT IN EJECTMENT 1. Plaintiff is the owner of the premises known as 211 S Enola Drive, Enola, Pennsylvania 17025 -2808, by virtue of a Sheriffs Deed executed and delivered to Plaintiff on the 16th day of December, 2013 and recorded in Lancaster County on the 23rd day of January, 2014 as Instrument Number 201401756. The legal description of which is set forth in the Sheriffs Deed which is attached hereto as Exhibit "A." 2. Plaintiff acquired title by reason of a Sheriffs Sale conducted by the Sheriff of Cumberland County on December 4, 2013, by reason of Writ of Execution issued out of Cumberland County Court of Common Pleas, Number 13 -628 Civil at the suit of Wells Fargo Bank, N.A. vs Kelly A. Johnson and Michael D. Johnson. 3. Defendants Kelly A. Johnson, Michael D. Johnson and Occupants are in possession of the foregoing described premises without title, color of title, or benefit of a lease from Plaintiff. 4. Defendants are wrongfully and unlawfully in possession of the premises. 5. Defendants have no rights of possession to said premises. 6. By reason of the aforesaid Sheriff's sale, Plaintiff holds paramount title to the premises but Defendants continue to unlawfully and willfully retain possession and keep Plaintiff out of possession thereof and refuse to vacate and deliver up the said premises to Plaintiff. 7. No landlord tenant relationship exists between Plaintiff and Defendants, either written or oral, express or implied, and no such relationship was created as a result of the mortgage foreclosure. 8. Because there is no landlord tenant relationship - this is an action in ejectment, not eviction - there is no requirement to give Defendants a notice to quit or vacate the premises. Further, the commencement of an action in foreclosure culminating in a sheriffs sale, followed by the filing of a complaint in ejectment should have put Defendants on notice that Plaintiff intends to recover full interest, title, and possession of the premises. 9. Notwithstanding the aforesaid, Defendants have willfully remained in possession of Plaintiff's property and refuse, and still refuse to vacate the premises and continue to occupy the same. WHEREFORE, Plaintiff demands a judgment be entered in its favor for possession of the property. McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence . M abe, Esquire [ ] Marc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Christine L. Graham, Esquire [ ] Joseph I. Foley, Esquire [J Jennifer Wunder, Esquire VERIFICATION I, the undersigned, hereby verify that I am the attorney for the Plaintiff in this action, and that I am familiar with the matters set forth in the within action, that I am authorized to make this verification, and that the forgoing facts are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsifications to authorities. MCCABE, EISBERG & CONWAY, P.C. BY: [ ] Terrence VMAabe, Esquire [ ] Marc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Christine L. Graham, Esquire [ ] Joseph L Foley, Esquire [7p] Jennifer Wunder, Esquire Wells Fargo Bank, N.A. v. Kelly A. Johnson, Michael D. Johnson and Occupants 1-754,01 _ 00 404 Know all Men by these Presents Tax Parcel No 09 -15- 1291 -205 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 Wells Fargo Bank, N.A. 2013 -628 Civil Term Wells Fargo Bank, N.A. Vs Kelly A. Johnson and Michael D. Johnson I ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described according to a Map showing property of Thomas L. Schert, prepared by Gerrit J. Betz Associates, Inc., dated April 5, 1976 as follows: BEGINNING at a point in the center line of South Enola Drive at the distance of 116.40 feet measured northwardly from the center line of Covert Street; thence extending along the center line first above mentioned, north 04 degrees, 20 minutes west, 16 feet to a point; thence extending south 81 degrees 45 minutes 07 seconds west, passing through and beyond a partition wall between this and premises to the north 249.20 feet to a hub in line of land now or formerly of Ronald E. and Gayle V. Berner; thence extending along said land south 06 degrees 29 minutes east, 16 feet to a hub; thence extending along land now or formerly of Clinton Orris, north 83 degrees 45 minutes east, 243.60 feet to the first mentioned point and place of BEGINNING. BEING commonly known and generally referred to as No. 211 South Enola Drive, Enola, Pennsylvania. BEING the same premises which DAVID BAILEY AND SUSAN A. BAILEY, HUSBAND AND WIFE by deed dated January 25, 2008 and recorded January 29, 2008 in the office of the Recorder in and for Cumberland County in Deed Instrument #200802855 granted and conveyed to Michael D. Johnson and Kelly A. Johnson, Husband and Wife, in fee. THIS conveyance is made subject to Easements, Restrictions, Covenants and Conditions of 1 record, including matters shown on recorded plats. TAX MAP PARCEL NUMBER: 09 -15 -1291 -205 Exhibit A The same having been sold by me to the said grantee on the 4th day of December 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 16th of August Anno I Domini 2013 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Thirteen (2013) Number 628 at the suit of Wells Fargo Bank, N.A. —vs- Kelly A. Johnson and Michael D. Johnson i 1 i 1 J In Witness Whereof, I have hereunto affixed my signature this 16th day of December Anno Domini Two Thousand and Thirteen (2013) Ro y R. Anderson, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common l 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 I i 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 16` day I of December Anno Domini Two Thousand and Thirteen (2013) of o of Prothonotary, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2014 I hereby certify that the residence � ; ,.� . ; .• ; f 4 , : ,� �, And Post Office address of the `;�'';••••• - -t`; ,.: Within Grantee is ``j' •. c'A' 3476 Stateview Boulevard Fort Mill, SC 29715 Richard W. Stewart J'rw �a •Y•' ••• ? �^�� • Solicitor �l�tff.ftt.f,�t'•'• TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE - CARLISLE, PA 17013 717 -240 -6370 Instrument Number - 201401756 Recorded On 1/23/2014 At 10:30:04 AM * Total Pages - 5 • Instrument Type - DEED - SHERIFF'S Invoice Number - 155212 User ID - KW • Grantor - JOHNSON, MICHAEL D • Grantee - WELLS FARGO BK N A * Customer - SHERIFF * FEES i 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 EAST PENNSBORO SCHOOL $0.00 DISTI�ICT EAST PENNSBORO TOWNSHIP $0.00 TOTAL PAID $68.00 I Certify this to be recorded in Cumberland County PA f� 0 RECORDER OF DEEDS + - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0OU04 Illll {IIINIIIIIIIIIIIIII Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE 'OF CUMBERLAND COUNTY — ..�_ � — T\�� pROT}��O |_/�/.l m b. "PA —2 I L' : \J U��R'��O COUNTY ''~� � nJbN PENNSY�....|� . Welis Fargo Bank N.A. Kelly A Johnson (et al.) vs. Case Number 2014-1604 SHERIFF'S RETURN OF SERVICE 03/24/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and i 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 211 S. Enola Drive, East Pennsboro, Eno/a, PA 17025. Residerice is vacant. 03/24/2014 Ronny R Anderson, Sheriff, being duly sworn according to |mw, states he made diligent search and inquiry for the within named Defendant to wit: Kelly AJohnson, but,was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Ejectment as "Not Found" at 211 S. Enola Drive, East Pennsboro, Encdo, PA 17025'2D08. Address iovacant. 03/24/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Detendant to wit: Michael D. Johnson, but was unable to Iocate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Ejectment as "Not Found" at 211 G. Enola Drive, East Pennuboro, Eno|a, PA 17025. Residence is vacant. SHERIFF COST: $A1.Q5 SO ANSWERS, March 25, 2014 RONNYR ANDERSON, SHERIFF