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HomeMy WebLinkAbout14-4150 Supreme Court of Pennsylvania low Cou` oCom�myon:Pleas ivil Cover SI►&t. For Prothonotary Use Only: CU BE t ANDI County 01 F k1 ! Docket No: O D The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint ❑Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T FEDERAL NATIONAL MORTGAGE LEE E.VANASDLEN or Occupants I ASSOCIATION O Name of Plaintiff/Appellant's Attorney:Phelan Hallinan,LLP N ❑Check here if you have no attorney are a Self-Represented Pro Se Litigant) A Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? : ❑Yes No (Check one) ❑ outside arbitration limits Is this a Class Action Suit? ❑Yes TMO Is this an MDJ Appeal? ❑Yes 6�tio 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 CIVIL APPEALS ❑Intentional Judgments) Administrative Agencies ❑Malicious Prosecution ❑Buyer Plaintiff ❑ Board of Assessment ❑ Motor Vehicle ❑Debt Collection: Credit Card ❑ Board of Elections ❑Nuisance ❑Debt Collection: Other ❑ Dept.of Transportation ❑Premises Liability ❑ Statutory Appeal: Other ❑Product Liability(does not include mass tort) ❑ Slander/Libel/Defamation ❑Employment Dispute: S ❑ Other: Discrimination ❑Zoning Board E ❑Employment Dispute: Other ❑Other: C T I MASS TORT O ❑Asbestos ❑Other: N ❑ Tobacco ❑Toxic Tort-DES B ❑Toxic Tort-Implant ❑ Toxic Waste RE4L PROPERTY MISCELLANEOUS ❑Other: l�jectment ❑ Common Law/Statutory Arbitration ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations PROFESSIONAL LIABLITY ❑Mortgage Foreclosure Residential Restraining Order ❑ Dental ❑Mortgage Foreclosure Commercial ❑Quo Warranto ❑Legal ❑Partition ❑Replevin ❑ Medical ❑Quiet Title ❑ Other: ❑ Other Professional: ❑Other: Pa.R.C.P. 205.5 Updated 1/1/2011 Phelan Hallinan,LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, uite 1400 F One Penn Center Plaza ita- { � � Philadelphia, PA 19103 J ,C 215-563-7000 0U 7 48 9: � f'BeR , g FEDERAL NATIONAL MORTGAGE Court of Common P1efi�MMs y�D cou/j F ASSOCIATION IN tr, P.O. Box 650043 Civil Division Dallas, TX 75265 Plaintiff CUMBERLAND County V. I q� qlso (i/ t LEE E. VANASDLEN or Occupants No. 130 OLD GAP ROAD CARLISLE, PA 17013-8637 Defendant CIVIL ACTION—EJECTMENT "This firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property." NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for and other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. You should take this paper to your lawyer at once. If you 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. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Cumberland County Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 PH# 949158 } 113 7Sj Q c � 1. Plaintiff is FEDERAL NATIONAL MORTGAGE ASSOCIATION. 2. Defendant is LEE E. VANASDLEN or Occupants. 3. Attached hereto as Exhibit A is a true and correct copy of the Recorder of Deeds Index Display in the possession, custody or control of Plaintiff, which reflects that a Sheriffs deed was recorded on 07/10/2014 in the Office of the Recorder of CUMBERLAND County as Instrument No. 201414936 and that Plaintiff is the owner of property located at 130 OLD GAP ROAD, CARLISLE, PA 17013-8637 (hereinafter the "Property"). The deed is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 4. Attached hereto as Exhibit B is a description of the Property. 5. Plaintiff contends that it is entitled to immediate possession of the Property. 6. Upon information and belief, the Defendants, LEE E. VANASDLEN and OCCUPANTS, are occupying the Property without right, and so far as the Plaintiff is informed, without claim of title. 7. Attached hereto as Exhibit C is a true and correct copy of a letter reflecting that Plaintiff has demanded possession of the Property from the Defendants and OCCUPANTS, who upon information and belief have refused to deliver up possession of the same. WHEREFORE, Plaintiff seeks to recover possession of the Premises. e-z- / Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP EXHIBIT "A" PH# 949158 ' LANDEX Document Data Page 1 of 1 Instrument#: 201414936 Book: Recorded Date: JUL 10, 2014 Page: 08:24:38 AM Total Pages: 5 Instrument Type: DEED-SHERIFFS Parcel Numbers: 29070471023 County: CUMBERLAND Municipality: NORTH MIDDLETON TOWNSHIP Recording Status: VERIFIED Notes: 130 OLD GAP RD LOTS 18 & 19 PL BK 5 PG 14 GRANTOR GRANTEE VANASDLEN,LEE E FEDERAL NATIONAL MTG ASSOC VANASDLEN,SARA E http://www.landex.com/webstore/jsp/cart/DocumentSearchResults.jsp?LastName=VANA... 7/11/2014 i EXHIBIT "B" PH# 949158 LEGAL DESCRIPTION TRACT NO. 1 ALL THOSE TWO CERTAIN lots of land situate in the township of North Middleton, County of Cumberland, Commonwealth of Pennsylvania,being known and numbered as Lots Nos. 18 and 19 on the Plan of Kruger Heights,which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 5,page 14, and being more particularly bounded and described as follows: BEGINNING at a spike and cap in the center of the public road leading from Carlisle to Waggoner's Gap at the dividing line between Lots Nos. 17 and 18 on the hereinbefore mentioned Plan of Lots; thence along said dividing line between Lots Nos. 17 and 18 south fifty-nine(59)degrees thirty-two (32)minutes west, a distance of two hundred(200)feet to an iron pin in line of other land of Kruger Dairy Farms;thence along said other land of Kruger Dairy Farms north thirty(30)degrees twenty- eight(28)minutes west,a distance of one hundred twenty(120) feet to an iron pin on the dividing line between Lots Nos. 19 and 20 on the hereinbefore mentioned Plan of Lots;thence along said dividing line between Lots Nos. 19 and 20, as aforesaid, north fifty-nine (59)degrees thirty two (32) minutes east, a distance of two hundred(200) feet to a spike and cap in the center of Waggoner's Gap Road;thence along the center line of said Road south thirty(30)degrees twenty-eight(28) minutes east, a distance of one hundred twenty(120)feet to a spike and cap in the center of said road,the place of BEGINNING. TRACT NO. 2 ALL THAT CERTAIN piece or parcel of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point at the Southwest corner of other land conveyed by the land now or formerly of Kruger Dairy Farms to the land now or formerly of Harold E. Boldosser also known as Mary J. Boldosser at line of land of Robert D. Howard et ux;thence along said land of Howard South 59 degrees 32 minutes West;a distance of 123 feet,more or less,to a point in the right of way line of Pennsylvania Rout 74; thence along said right of way line North 15 degrees 28 minutes West, a distance of 127 feet,more or less;thence along the same North 74 degrees 32 minutes East,a distance of 10 feet to a point;thence along other land of the Grantor North 59 degrees 32 minutes East, a distance of 79 feet,more or less,to a point in line of land of the land now or formerly of Harold E. Boldosser and Mary J. Boldosser;thence along said land now or formerly of Harold E. Boldosser and Mary J. Boldosser, South 30 degrees 28 minutes East, a distance of 120 feet to a point,the place of BEGINNING. CONTAINING 12,530 square feet,more or less TITLE TO SAID PREMISES IS VESTED IN Lee E. Vanasdlen and Sara E. Vanasdlen,h/w, by Deed from Harold E. Boldosser and Mary Jane Boldosser, aka, Mary J. Boldosser,h/w, dated 08/30/2004, recorded 08/30/2004 in Book 264, Page 4718. PREMISES BEING: 130 OLD GAP ROAD, CARLISLE,PA 17013-8637 PARCEL NO. 29-07-0471-023 EXHIBIT "C" PH# 949158 PNLLAN Representing Loden in Pennsylvania 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-563-4491 Email: VIOLETA.PATORI@fedphe.com July 11, 2014 LEE E. VANASDLEN or Occupants 130 OLD GAP ROAD CARLISLE, PA 17013-8637 RE: 130 OLD GAP ROAD CARLISLE,PA 17013-8637 Dear Occupant: We represent FEDERAL NATIONAL MORTGAGE ASSOCIATION which became owner of the above premises as a result of foreclosure and judicial sale by the Sheriff of the County of CUMBERLAND on 06/04/2014. You are now in possession of the premises without authority or permission of our client and you must vacate immediately. Unless you immediately vacate the premises and make them available for possession, court action will be taken against you at once. Very truly yours, Phelan Hallinan,am LLP A H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP PH# 949158 A VVIR :1°1C;ATIONN Christopher Wolfe am employed by the Plaintiff corporation as an Asset. Recovery Manager and Bio hereby verify that the factual allegations set forth in the foregoing Complaint are true and. correct. to the hest of my knowledge or information and belief based on corporate sources of information. I understand that false statements therein are inade subject to the penalties of 18 Pa C.S. 4904 relating to unsworn falsification to authorities. Date: 7/11/2014 _ Printed Name; Christopher ^fe .._, `t'itC Gpartment; Asset Recovery Manac;er C,onapany _ Fannie Mae P.14 # 94915 81 REO 4 P 1406QC Return.to: Phelan Hallinan; I.,I✓P One Penn. Center, Suite 1440 1.61.7 JFK Boulevard Philadelphia, PA 1910 Attn: Eviction Department M.-I 4 949158 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R AndersonI` OL Eta -OFF !t, Sheriff GF EHE PROTHONO EARA JodySSmith Chief Deputy 2014 AUG 22 PM J. >=Q Richard W Stewart CUMBERLAND Solicitor OFFICE i) TOESt4=sir= PENNS ND COUNTY LVANIA Federal National Mortgage Assocation vs. Lee E. Vanasdlen Case Number 2014-4150 SHERIFF'S RETURN OF SERVICE 07/25/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lee E. Vanasdlen, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Ejectment as "Not Found" at 130 Old Gap Road, North Middleton Township, Carlisle, PA 17013. Deputies were advised by neighbors that the residence is vacant. 08/07/2014 03:47 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint in Ejectment by handing a true copy to a person representing themselves to be Keith Vanasdlen, Son, who accepted as "Adult Person in Charge" for Lee E. Vanasdlen at 1816 Sterretts Gap Avenue, North Middleton, Carlisle, PA 17013. RISTOP R S R;;-", DEPUTY SHERIFF COST: $41.56 SO ANSWERS, August 12, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff: Teleosoft, Inc.