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HomeMy WebLinkAbout14-6075 Supreme Cu__. stn -yIvealnnd Cou o leas ForProdwnotmy Use only: n ., Docket No: County The information collected on this form-is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. " Commencement of Action: �9 Complaint 0 Writ of Summons ❑ Petition ' ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: Dollar Amount Requested: ❑within arbitration limits I. ' Are money damages requested? ❑Yes ❑ No (check one) ❑outside arbitration limits N; Is this a Class.Action Suit? ❑Yes ONo Is this an MDJAppeal? ❑ Yes )3,,-No .44 j Name of Plaintiff/Appellant's Attorney: ❑ 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 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 ^y ❑Nuisance 8 Dept.of Transportation ❑ Premises Liability Statutory Appeal:Other aS ❑ Product Liability(does not include ..,,. mass ton) [3Employment Dispute: [3Slander/Libel/Defamation Discrimination C :. ❑ ❑Employment Dispute:Other El Zoning Board Other. © Other: :'1'h' ❑ Other- MASS therMASS TORT °-� ❑ Asbestos ` ❑ Tobacco ❑ Toxic Tort-DES '' ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ectment ❑ �; j [I Common Law/Statutory Arbitration Oth ❑Eminent Domain/Condemnation ❑ Declaratory Judgment © Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto [3 Dental ❑ Partition ©Replevin ❑ Legal ❑ Quiet Title ©Other. ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/1011 etn rtt r,Z T h i "� ynz _ .'Ll 4 (iJE t'a_Yra l'YD COU , r n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE SERVICING LLC, CIVIL ACTIO/N - LAW Plaintiff, No. vs. COMPLAINT IN EJECTMENT AND DENNIS WESTON, TRESPASS Defendants. Filed on Behalf of Plaintiff, Green Tree Servicing LLC CERTIFICATE OF LOCATION: HEREBY CERTIFY THAT THE Counsel of Record for this Party: LOCATION OF THE MANUFACTURED HOME IS: DANIEL C. LAWSON, ESQUIRE PA I.D. No. 38562 316 WALNUT LANE CARLISLE, PA 17013 SCOTT MILLHOUSE, ESQUIRE PA I.D. No. 33228 � ~ _MEYER, DARRAGH, BUCKLER, Daniel C. Lawson, Esquire BEBENEK & ECK, P.L.L.C. Firm No. 198 U.S. Steel Tower, Suite 4850 600 Grant Street Pittsburgh, PA 153219-6194 Telephone No.: (412) 261-6600 Fax No.: (412) 471-2754 dlawsonCD-mdbbe.com smillhousea-mdbbe.com CUVj Pa {P1 155317.1) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE SERVICING LLC, CIVIL ACTION - LAW Plaintiff, No. vs. DENNIS WESTON, Defendant. NOTICE TO DEFEND 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 twenty (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 any 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PLEASE SERVE ALL PAPERS ON: DANIEL C. LAWSON, ESQUIRE MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. U.S. Steel Tower, Suite 4850 600 Grant Street Pittsburgh, PA 15219 (P 1155317.1) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE SERVICING LLC, CIVIL ACTION - LAW Plaintiff, No. vs. DENNIS WESTON, Defendant. COMPLAINT IN EJECTMENT AND TRESPASS AND NOW, comes Plaintiff, Green Tree Servicing LLC ("Green Tree"), by and through its attorneys, Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C., and files the within Complaint in Ejectment and Trespass, averring as follows: COUNT I — EJECTMENT 1. Plaintiff, Green Tree, is the owner of the manufactured home located at 316 Walnut Lane, Carlisle, PA 17013. 2. Plaintiff, Green Tree, acquired ownership on July 9, 2014 by way of a Notice of Surrender of Secured Property. A true and correct copy is attached as Exhibit "All 3. It is averred and believed that Defendant, Dennis Weston, is in possession of the foregoing described manufactured home without title, color of title, or benefit of a lease from Plaintiff. 4. Defendant, Dennis Weston, is wrongfully and unlawfully in possession of the manufactured home. {P1155317.1) 5. Defendant, Dennis Weston, has no right of possession to said manufactured home 6. By reason of the aforesaid Notice of Surrender of Secured Property, Plaintiff, Green Tree, holds paramount title to the premises, but Defendant, Dennis Weston, continues 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, Green Tree, and Defendants, Dennis Weston, either written or oral, express or implied. 8. Because there is no landlord/tenant relationship, this is an action in ejectment, not eviction. There is no requirement to give the Defendant, Dennis Weston, a notice to quit or vacate the premises. 9. Notwithstanding the aforesaid, Defendant, Dennis Weston, has willfully remained in possession of the property. WHEREFORE, Plaintiff, Green Tree Servicing LLC, respectfully requests that this Honorable Court enter a judgment in ejectment declaring Plaintiff to be the lawful and rightful owner of the property in question, and that Plaintiff be entered judgment in its favor for possession, as well as damages in an amount not in excess of the arbitration limits of this Court, plus attorney's fees and costs, and any other award this Court deems just. {P 1155317.1} COUNT II — TRESPASS 10. Plaintiff, Green Tree, incorporates paragraphs 1 through 9 by reference as if contained more fully herein. 11. Defendant, Dennis Weston, never informed Plaintiff, Green Tree, of their intention to enter Plaintiff's land and deprive Plaintiff of use of Plaintiff's land. 12. Upon information and belief, Defendant, Dennis Weston, did so knowing he had no right or title to the property. 13. Defendant continued use of Plaintiff's property for Defendant's own use is improper. 14. Plaintiff, Green Tree, has been deprived of the value of its real property and has received no rents or profits for Defendant's use. 15. Defendant's reckless and improper actions in entering Plaintiff's property and refusing to leave after proper notice of Plaintiff's complete right to possession is willful and justifies an award of punitive damages. WHEREFORE, Plaintiff, Green Tree Servicing LLC, requests that judgment be entered in its favor and against the Defendant, Dennis Weston, in an amount not in excess of the arbitration limits of this Court with an award of punitive damages, costs, expenses, attorney's fees, and such other relief this Honorable Court deems appropriate. {P1155317.1} Respectfully submitted, MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. t By: �JIRE SCOTT MILLHOUSE, ESQUIRE Attorneys for Plaintiff, Green Tree Servicing LLC {P1155317.1} EXHIBIT "A" {P1155317.1) NOTICE OF SURRENDER OF SECURED PROPERTY Date of Notice: JULY 1, 2014 To: Herbert Weston 936 Rockledge Drive Carlisle, PA 17013 Retail Installment Contract or Manufactured Home Promissory Note and Security agreement dated: November 15, 1999 ("Security Agreement') Account number: 51722182-6 Secured Property: 1984, 1400, Redman Homes Inc., 12214543 ("Secured Property") 9-9 n/�4,16- /1'� - .tZeBV�– I, Herbert Weston of axle; Car it sle, PA 17013, do hereby surrender to you voluntarily after default the above named Secured Property. I also waive the right to any and all default notices to which I might otherwise be legally or contractually entitled. I agree that you may sell, transfer, or assign the Secured Property on such terms as you deem advantageous, through public or private disposition. I understand that I will be released from owing Green Tree Servicing LLC or its affiliate ("Green Tree") a deficiency balance. Furthermore, upon vacating the Secured Property, I agree to remove my personal possessions from the secured property and agree that any personal possessions remaining in the home when Green Tree takes possession may be considered abandoned by me. h�G�ei �s��•� ���� ©«�o�� Dated this�_day of , G0& Signature: Gj Signature: g ature: Address: �� �.�1�.� tt ddress: Phone: Phone: (Please provide address and phone number where you may be contacted for next 90 days.) This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. Notice of surrender of Sec Prop-SCRA(UCSe), 10/08/2012 APP-053 ATTORNEY'S VERIFICATION I, DANIEL C. LAWSON, ESQUIRE, Attorney for Plaintiff, GREEN TREE SERVICING LLC, verify that the statements made in the herein COMPLAINT IN EJECTMENT AND TRESPASS are true and correct to the best of my information and belief. This verification is made pursuant to Pa. R.C.P. 1024(c). A verification from the Plaintiff could not be obtained within the time allowed for filing the pleading. As soon as reasonably possible, a verification from Plaintiff will be filed with this Court. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. §§ 4904 and 4909 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Date: 1 L LAWSON, ESQUIRE {P1155317.1) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ornCE.OF THE $'SRI F FiLED- r. i " THE PROTHON ; R ts 2'014 OCT 24 PM 3.3 L CUMBERLAND COUNTY PENNSYLVANIA Green Tree Servicing LLC vs. Case Number Dennis Weston 2014-6075 SHERIFF'S RETURN OF SERVICE 10/17/2014 04:08 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint in Ejectment by handing a true copy to a person representing themselves to be Chrisy Mae Weston, Wife, who accepted as "Adult Person in Charge" for Dennis Weston at 316 Walnut Lane, Middlesex Township, Carlisle, PA 17013 n/k/a 6 Walnut Lane, Carlisle, PA 17013. LIAM CLINE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, October 21, 2014 RONR ANDERSON, SHERIFF (c) CountySu to Sheriff, Teihosoft, 121c.