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HomeMy WebLinkAbout15-0140 S-upreme Court-of Pem sylvaaiia aY *r �.• Cour f common Pleas C��zl'V,st1j#'t:�lleet For Protllonot4n.[!Ie 01111. C Do Umberl id/ -'r Count 'l. �, d—et No: r . The information collected on this farm is used solelyfor court administration purposes. This form does not Supplement or replace the 11in and service ofpleadings or other a ers as required bylaw or rules o court. Commencement of Action: ® Complaint . ❑ Writ of Summons ❑ Petition S ❑ Transfer from another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff Name: Lead Defendant's Name:. C FEDERAL NATIONAL MORTGAGE ASSOCIATION VICKI A.EDDY T Dollar Amount Requested within arbitration limits p Are money Damages requested?: ❑ Yes ® No (Check one) outside arbitration limits Is this a Class Action Suit? ❑ Yes NO Is this an MDJ Appeal? ❑ Yes ® NO A Name of Plaintiff/appellant's Attorney:KML LAW GROUP P.C. ❑ Check here if you 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 iwu gments) CIVIL APPEAL ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation $ ❑ Premises Liability ❑ Zoning Board ❑ Product Liability(does not include ❑ Statutory Appeal:Other E mass tort) ❑ Employment dispute: ❑ Slander/Libel Defamation Discrimination C, ❑ Other ❑ Employment Dispute:Other ❑ Other: I 0 MASS TORT ❑ Other ❑ Asbestos ❑ Tobacco ❑ Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort-Implant ❑ Toxic Waste X Ejectment ❑ Common Law/Statutory $ ❑ Other ❑ Eminent Domain/Condemnation Arbitration ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus ❑ Mortgage Foreclosure:Residential ❑ Non-Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial Restraining Order ❑ Dental ❑ Partition ❑ Quo Warranto ❑ Legal ❑ Quiet title ❑ Replevin ❑ Medical ❑ Other Professional: ❑ Other ❑ Other Pa.R.C.P. 205.5 Updated 1/1/2011 KML LAW GROUP P.C. Suite 5000 BNY Mellon Independence Center 701 Market Street Philadelphia,PA 19106 (215)627-1322 Attorneys for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION IN THE COURT OF COMMON PLEAS 1.4221 Dallas Parkway, Suite 1.000 OF CUMBERLAND COUNTY Dallas,TX 75254-2942 Plaintiff CIVIL ACTION-LAW VS. ACTION OF EJECTMENT VICKI A.EDDY and OCCUPANTS Na Y 311 Walton Street Lemoyne,PA 1.7043 Defendants 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 twenty(20)days after the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle,PA 17013 LEGAL SERVICES INC S Irvine Row, Carlisle,PA 17013 717-243-9400 AVISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS,ES ABSOLUTAMENTE NECESSARIO QUE Ic"--i LISTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU 1 ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA,EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES,LA COUTE . PUEDE, SIN NOTIFICARIO,DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION,ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO,LLAME AL"LAWYER REFERENCE SERVICE"(SERVICIO DE REFERENCIA DE ABOGADOS),(215)238-6300. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row, Carlisle, PA 17013 717-243-9400 COMPLAINT IN EJECTMENT 1. Plaintiff is FEDERAL NATIONAL MORTGAGE ASSOCIATION,with an address of 14221 Dallas Parkway, Suite 1000,Dallas, TX 75254-2942. 2. Defendants are VICKI A. EDDY, and OCCUPANTS. 3. Attached hereto as Exhibit A is a true and correct copy of the Deed from the Sheriff of Cumberland County in the possession, custody or control of Plaintiff,which reflects that the Plaintiff is the owner of the property located at 311 Walton Street,Lemoyne, PA 17043. 4. Plaintiff contends that it is entitled to immediate possession of the Property. 5. Upon information and belief,that Defendants,VICKI A.EDDY and OCCUPANTS are occupying the property without right, and so far as the Plaintiff is informed,without claim of title. 6. Attached hereto as Exhibit B is a true and correct copy of letter reflecting that Plaintiff has demanded possession of the Property from the Defendants and OCCUPANTS,who have refused to deliver up possession of the same. WHEREFORE,Plaintiff requests judgment for possession of the Property. By: LAVV GROUP,P.O. Jay E.Kivitz Pa.ID 26769 Michael McKeever Pa.ID 56129 .Lisa Lee Pa.ID 78020 Kristina Murtha Pa.ID 61858 David Fein Pa.ID 82628 Thomas Puleo Pa.ID 2761.5 Salvatore Filippello Pa.ID 313897 Attorneys for Plaintiff VER FIC"ATION L Christopher Wolfe on behalf of Plaintiff corporation within na.ined do hereby verify that the factual allegations set forth in the foregoinig Complaintt are true and correct to thehest of my luaowledge or information acid belief based on corporate sow-ces and information. I understand that false statements therein are nlade stib_ject to the penalties of Is P.S. §49034 relating to unsworri falsification to authorities. Date: 12/3/2014 FEDERAL NATIONAL MORTGAGE ASSOCIATIO Printed Nair,„/ Christopher Wolfe T tle/Departinent: Asset Recovery_Manairer CoInpally: Fannie Mae FILE4: 137625E,I REO ID#: P14OD9V PROPERTY: 311 Walton Street Lemoyne PA 171043 DEFENDANT: EDDY, VICKI A. EXHIBIT "A" SHERIFF'S DEED FILE#: 137625EJ PROPERTY: 311 Walton Street Lemoyne PA 17043 . i aggt7 , OOGOUQ Tax Parcel No. 12-22-0822-211 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 Federal National Mortgage Association 2013-7557 Civil Term JPMorgan Chase Bank, National Association Vs Vicki A. Eddy ALL THAT CERTAIN lot orparcel of land situate in the Borough of Lemoyne formerly of Lower Allen Township,County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the northwesterly line of Walton Street, 1110.15 feet West. from the westerly comer of Walton and Third Streets,at comer of lands now or formerly of Morris Miller;thence in a northwesterly direction along the line of said last mentioned lands,50 feet to a stake on line of lands now or formerly of Heisley;thence in a southwesterly direction along the line of said last mentioned lands,39.85 feet to a point on the northeastern line of 1.7.8 foot alley;thence southeastwardly by the.line of said . alley, 50 feet to Walton Street;thence northeastwardly along Walton Street,39.85 feet to a point,the place of beginning. HAVING THEREON ERECTED a single one story frame dwelling house and numbered as 311 Walton Street,Lemoyne,PA. PARCEL NO. 12-22-0822-211 IMPROVEMENTS consist of a single one story frame dwelling house MUNICIPALITY Borough of Lemoyne BEING PREMISES: 311 Walton Street,Lemoyne,PA 17043 SOLD as the property of Vicki A.Eddy TAX PARCEL# 12-22-0822-211 BEING the same premises which John L. Strebig and Sharon L. Strebig,his wife by deed dated 10/412002 and recorded 10/8/2002 in Cumberland County in Deed Book Volume 253 at Page 4775 granted and conveyed unto Kevin M. Eddy and Vicki A.Eddy,his wife and the said Kevin M. Eddy departed this life on 3/14/2009,vesting title solely in Vicki A.Eddy The same having been sold by me to the said grantee on the 1st day of October Anno Domini Two Thousand and Fourteen(2014)after due advertisement according to law,under and by Virtue of a Writ of Execution issued on the 1st of April Anno Domini 2014 out of the Court of Common Pleas of Cumberland County,Pennsylvania, as of Civil Term,Two Thousand and Thirteen (2013)Number 7557 at the suit of JPMorgan Chase.Bank,National Association—vs-Vicki A.Eddy In Witness Whereof,I have hereunto affixed my signature this 8"' day of Octo er Anno Domini Two Thousand and Fourteen (2014 Ronny 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 81l' day of October Anno Domini Two Thousand and Fourteen(2014) Pro o> Prothonotary,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018 I hereby certify that the residence And Post Office address of the Within Granfee is 14221 Dallas Parkway Suite 1000 Dallas,TX 75254 Richard W. Stewart Solicitor TAMMY SHEARER RECORDER OF DEEDS ' CUMBERLAND COUNTY 1 COURTHOUSE SQUARE - - CARLISLE, PA 17013 = 717-240-63705.= ;,._; Instrument Number-201424917 Recorded On 10/30/2014 At 9:49:04 AM *Total Pages-5 *Instrument Type-DEED-SHERIFFS Invoice Number-171314 User ID-KW *Grantor-EDDY,VICKI A *Grantee-FEDERAL NATIONAL MTG ASSOC *Customer-SHERIFF *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $35.50 JUSTICE. DO NOT DETACH RECORDING FEES — $13.50 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 WEST SHORE SCHOOL $0.00 DISTRICT LEMOYNE BOROUGH $0.00 TOTAL PAID $81.00 I Certify this to be recorded in Cumberland County PA Ay Cp CUI{�e� 0 RECORDER OF DEEDS two *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOGOUQ III I�IIIII I I IIIIIN IIIII III " EXHIBIT "B" NOTICE TO VACATE KML LAW GROUP, P.C. Sum 5000 BNY INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA,PA 19106 21.5-627-1322 W% W.VA1LLAWCROUP.COM p November 21, 2014 NOTICE TO VACATE PROPERTY TO: VICKI A. EDDY and all Occupant(s) 311 Walton Street Lemoyne, PA 17043 KML File#: 137625EJ This Notice is given pursuant to the Protecting Tenants at Foreclosure Act of 2009 ("PTFA"). FEDERAL NATIONAL MORTGAGE ASSOCIATION,purchased the property located at 311 Walton Street Lemoyne,PA 17043 (the"Property") at a foreclosure sale held on Wednesday, October 01, 2014, and that a Sheriff's Deed to FEDERAL NATIONAL MORTGAGE ASSOCIATION was recorded on October 30,2014. Any and all occupants of the Property are required to vacate and surrender possession of the Property, or the portion of the Property in which they reside,to Owner. You are required to vacate: 1. Within ten (10) days after service on you of this Notice, if you were the mortgagor and/or previous owner of the Property or any person who is not a bona fide tenant or subtenant; or 2. Within ninety (90)days after service on you of this Notice or after your bona fide lease expires (whichever is later), if you were a bona fide tenant or a subtenant of the mortgagor and/or prior owner of the Premises, or a bona fide tenant or subtenant of a successor in interest to the previous mortgagor and/or prior owner To avail yourself of the protections of the PTFA, you must provide evidence to this office within ten (10)days after service on you of this Notice that you are either a bona fide tenant pursuant to a lease OR you are a Section 8 low income housing tenant.Please review and provide the information which is listed on the next page. -If you fail to surrender possession of the Property and do not notify our office that you are entitled to the added protections under the PTFA, we will commence ejectment proceedings against you on behalf of Owner when we are permitted to do so. You are'required to vacate and surrender possession of the Property, or the portion of the Property in which you reside,to FEDERAL NATIONAL MORTGAGE ASSOCIATION through Centru 21 Piscioneri Realty, it's agent,who can be reached at 717-737-2121 Brad.Boyer@century2l.com] during normal business hours,unless you provide evidence to this office that you are a bona fide tenant pursuant to Section 702(a)(2)(A) of the federal"Protecting Tenants at Foreclosure Act of 2009"("PTFA") or are protected by Section 703 of the PTFA. Please see page 2,the Addendum to this Notice, for instructions on how to deliver this evidence. If within the applicable period asset forth above, EITHER you fail to surrender possession OR if you fail to provide evidence that you are a bona fide tenant pursuant to Section 703 (a)(2)(A) of the PTEA.or are protected under Section 703 of the PTFA,FEDERAL NATIONAL MORTGAGE ASSOCIATION will commence ejectment proceedings against you to recover possession of the Premises. Fannie Mae previously delivered its "Knowing Your Options"document to you. Fannie Mae has either not received a response from you or has not received information that you are entitled to additional protections under the Protecting Tenants at Foreclosure Act of 2009. If you did not receive Fannie Mae's "Knowing Your Options"document or you believe you are entitled to additional protections under state or federal law,please contact this office immediately. If you are a Servicemember or a Dependent under the Servicemembers Civil Relief Act (SCRA),you may be entitled to additional protections. Please provide us with proof that you are a Servicemember or a Dependent immediately, so that your eligibility for additional rights may be determined (see attached for additional information for SCRA protections). KML LAW GROUP,P.C. Jay Kivitz,Esquire ikivit7-@lu-nllaw%zroup.com 215-825-6350 (Direct Phone)267-773-4500(Fax) PLEASE PROVIDE THE FOLLOWING INFORMATION IF YOU ARE A BONA FIDE TENANT of the prior owner,you must provide the following documents within ten (10) days: • A copy of your lease or rental agreement • A telephone number and the best time to reach you or email address • Proof that you have paid your rent for the previous six(6)payments. This information can be sent via email to the following persons: Law Firm Contact: Attn: Valerie Merritt/Barbaranne Groark KML LAW GROUP,P.C. Suite 5000,BNY Mellon Independence Center 701 Market Street Philadelphia,PA 19106 evictionsnkmllawgroup.com Real Estate Broker for Owner: Centru 21 Piscioneri Realty For further information,please call KML Law at 215-825-6350 PARA ASISTENCIA EN ESPANOL LLAME AL (215) 825-6344. Attachment to Notice to Vacate 1.37625EJ IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS: PROTECTIONS UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT If you are a servicemember on"active duty"or"active service,"or a dependent of such a servicemember, you may be entitled to certain legal rights and protections, including protection from eviction,pursuant to the Servicemembers Civil Relief Act(50 USC App. §§ 501-596),as amended, (the"SCRA")and,possibly, certain related state statutes. Eligible service can include: 1. active duty (as defined in section 101(d)(1)of title 10,United States Code)with the Army,Navy, Air Force,Marine Corps,or Coast Guard; 2. active service with the National Guard; 3. active service as a commissioned officer of the National Oceanic and Atmospheric Administration; 4. active service as a commissioned officer of the Public Health Service; or 5. service with the forces of a nation with which the United States is allied in the prosecution of a war or military action. Eligible service also includes any period during which a servicemember is absent from duty on account of sickness, wounds,leave,or other lawful cause. If you are such a servicemember, or a dependent of a servicemember,please contact our office at 215-825- 6350 to discuss your status under the SCRA.