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Home My WebLink About02-2155PHILIPS CURTIN & DI GIACOMO sY: PHILIP G. CURTIN, ESQUIRE ID~ENTI FICATION NO. 52324 SUITE 300 LAND HOLDING, INC. Plaintiff VS. RODNEY A. ASH AND/OR ANY OTHER OCCUPANT(S) Defendant ATTORNEY FOR PLAINTIFF COMPLAINT IN EJECTMENT CUMBERLAND COUNTY COURT OF COMMON PLEAS DI VISION TERM, No. 0 "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 this complaint and notice are served, by enteri[~g 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 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 AYEWNUE CARLISLE, PA 17013 (800) 990-9108 "AVISO "Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias, de plazo al partir de la feci~a de la demanda y la notificati(~n. Hace falta asentar una comparenc[a escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las dementias en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomare medidas y puede continuer la dementia en contra suya sin previo aviso o notificac~on. Adem~is, ia corte puede decidir a favor del demandante y requiere qua usted cump~a con todas las provisiones de esta demanda. Usted puede partier dlnero o sus propiedades u otros derechos impo~antes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO ~NMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSO. NA O LLAME POR TEL~FONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PDEDE CONSEGUIR ASISTENCIA LEGAL. ASSOCIACION DE LICENDIADOS DE FILADELFIA SERV~CIO DE REFENClA E INFORMAClON LEGAL One Reading Center Fiiadelfia, Pennsylvania 19107 Telefono: (215) 238-1701" 1. The Plaintiff is Land Holding, Inc., a subsidiary of PNC Bank, National Association with its office at Two PNC Plaza, 19th Floor, 620 Liberty Avenue, Pittsburgh, PA 15222. 2. The Defendant is Rodney A. Ash and/or any other Occupant(s), whose present address is believed to be 33 Bayberry Drive, Mechanicsburg, PA 17050. 3. The real estate located at 33 Bayberry Drive, Mechanicsburg, PA 17050 was sold by the Sheriff of Cumberland County at a Sheriff's Sale held on March 6, 2002 in Cumberland County, Pennsylvania after advertising and according to law, under and by virtue of Writ of Execution issued to satisfy a judgment entered in the Court of Common Pleas of Cumberland County as of Civil Action No. 01-4014 at the suit of Countrywide Home Loans, Inc., f/k/a Countrywide Funding Corporation versus Rodney A. Ash. The real estate was sold by Cumberland County Sheriff to PNC Bank, National Association as successful bidder. The said real estate is more fully described in Exhibit "A" attached hereto and made a part hereof. 4. The Sheriff of Cumberland County has executed a deed conveying the said real estate to Land Holding, Inc. Said deed was recorded with the Recorder of Deeds of Cumberland County, Pennsylvania. The recording information is not yet available. Said deed is incorporated herein by reference. 5. Defendant is in possession of the said real estate without right or claim of title. 6. The Plaintiff has demanded possession of the said real estate from the Defendant who has refused and who continues to refuse to deliver possession of the same. WHEREFORE, Plaintiff demands that judgment be entered against the Defendant directing the Defendant to deliver possession of said premises to the Plaintiff and for such other and further relief as is just. PHILIPS, CURTIN & DiGIACOMO BY' ~ PHILIP G CURTIN, ESQUIRE SUITE 300, 1211 CHESTNUT STREET PHILADELPHIA, PA 19107 (215) 563-7700 Attorneys for Plaintiff 7.22 BEING I~OWN AS: 33 ~E~d{Y DRIVE MEC~ANICSBURG, PA 17050 VERIFICATION I, ~l'~efl ~. C~I~/0JV/, being an officer of Land Holding, Inc., and authorized to make this statement, hereby verify that the facts contained in the foregoing Pleadings are true and correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATED: LAND HOLDING, INC. SHERIFF'S RETURN ~ASE NO: 2002-02155 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAND HOLDING INC VS ASH RODNEY A ET AL - REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon ASH RODNEY A the DEFENDANT , at 1345:00 HOURS, at 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 SHELLY ASH (WIFE) on the 8th day of May , 2002 by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.'00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this ~$~ day of ~lLw3 ~ A.D. ~r6thonot ary ' So Answers: R. Thomas Kline 05/09/2002 PHILIPS CURTIN~I~OMO By: ~riff IALL INFORMATION PROM AI'i'ORNEY MUST SE FILLED IN BEFORE SEI~CE CAN SE MADE) PLEASE PREPARE A SEPARATE ORDER FOR SERVICES ,FORM FOR EACH DEFENDANT TO BE SERVED BY THE SHERIFF TO: - ~: R. THOMAS KLINE DATE__ SHERIFF OF CUMBERLAND COUNTY 1 COURTHOUSE SQUARE PROTHONOTARY NO. CARLISLE, PA 17013-3387 A~Y. NAME&AD{~S PHILIP G. CURTIN, ESQUIRE 1231 LANCASTER AVENUE BERWYN, PA 19312-1244 ATTY. ID. i, 52324 TmFPHONE ~( 610 ) 407-9500 SHERIFF COST TOTAL WRIT OF COMPLAINT IN nJE~TMENT OTHER LAND HOLDING, INC. vi. PLAINTIFF III DEFENDANT RODNEY A. ASH AND/OR OCCUPANT SERVE UPON LOCATION (Must Msve V~,lid Adclress or Directions) 17050 SPECIAL INSTRUCTIONS: DIRECTIONS: If Nece$$=ry) FOR SHERIFF USE ONLY PERSON SERVED RELATION/POSITION PLACE OF SERVICE r)ME OF SERVICE :)ATE OF SERVICE ~IUMBER OF ATTEMPTS )EPUTY DEPUTY [.AST DAY FOR SERVICE ~ PLEASE SERVE THE COMPLAINT IN EJECTMENT ON EITHER MR. ASH OR THE OCCUPANT - IF YOU DO SERVE THE OCCUPANT, PLEASE OBTAIN THEIR NAME SO THEY MAY BE ADDED AS AN DEFENDANT. THANK YOU SERVICEWASNOTMADESECAUSE: ForShe~ UleOn~ I';NHEN ANY DEPUTY SHERIFF LEVYS OR ATTACHE~ PROPOinT HE WILL LEAVE THE PROPERTY WITHOUT A WATCHMAN AND IN CUSTODY OF PERSON FOUND IN POSSESSION AFTER NOT FYING :THE PERSON THE PROPERTY IS UN R A I.LEVY THE DEPUTY IS NOT L ABLE N ANY WAY FOR PR T DE SHERIFF O ECTING PROPERTY BEFORE SHER~FP'S SALE PHILIPS, CURTIN & DiGIACOMO By: PHILIP G. CURTIN, ESQUIRE Identification Number: 52324 1231 Lancaster Avenue Philadelphia, PA 19107 (610) 407-9500 LAND HOLDING, INC. VS. RODNEY A. ASH AND/OR ANY OTHER OCCUPANT(S) Attorney for Plaintiff :CI-~BERIdk-'XrD COUNTY :COURT OF COMMON PLEAS :NO. 02-2155 CIVIL TERM PRAECIPE FOR JUDGMENT ENTER JUDGMENT FOR POSSESSION IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT RODNEY A. ASH FOR WANT OF AN ANSWER. A COPY OF THE NOTICE OF INTENTION TO TAKE DEFAULT SERVED UPON DEFENDANT RODNEY A. ASH BY PLAINTIFF LAND HOLDING, INC. ON JUNE 5, 2002 IS ATTACHED HERETO AS EXHIBIT "A". ATTORNEY FOR PLAINTIFF PHILIP G. CURTIN - I.D.#52324 AND NOW,.~A~-. ~ , 200~ JUDGMENT FOR POSSESSION IS ENTERED IN FAVOR OF LAND HOLDING, INC. AND AGAINST DEFENDANT RODNEY A. ASH BY DEFAULT FOR WANT OF AN ANSWER AS PER THE ABOVE CERTIFICATION. Proth6no~a~y ~ ~ PHILIPS, CURTIN & DiGIACOMO By: PHILIP G. CURTIN, ESQUIRE Identification Number: 52324 1231 Lancaster Avenue Philadelphia, PA 19107 (610) 407-9500 LAND HOLDING, INC. VS. RODNEY A. ASH AND/OR ANY OTHER OCCUPANT(S) Attorney for Plaintiff :CUMBERLAND COUNTY :COURT OF COMMON PLEAS :NO. 02-2155 CIVIL TERM TO: RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 DATE OF NOTICE: June 5, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (800) 990-9108 PHILIPS, CURTIN & DiGIACOMO PHILIP G. CURTIN, ESQUIRE Attorneys for Plaintiff EXHIBIT "A" PHILIPS, CURTIN & DiGIACOMO By: PHILIP G. CURTIN, ESQUIRE Identification Number: 52324 1231 Lancaster Avenue Philadelphia, PA 19107 (610) 407-9500 LAND HOLDING, INC. VS. RODNEY A. ASH AND/OR ANY OTHER OCCUPANT(S) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA : SS COUNTY OF PHILADELPHIA: Attorney for Plaintiff :CUMBERLAND COUNTy :COURT OF COMMON PLEAS :NO. 02-2155 CIVIL TERM PHILIP G. CURTIN, being duly sworn according to law, deposes and says that Defendant Rodney A. Ash is not in the military or naval service of the United States of America as defined in Section 101(1) of the Soldiers, and Sailors' Civil Relief Act of 1940 and further that: ' Nota] (a) Defendant Rodney A. Ash is over 21 years of age, at 33 Bayberry Drive, Mechanicsburg, PA 17050. PHILIP G. Sworn to and subscribed befor, me this ~l~day of 200A ~ P~ic resides CURTIN, ESQUIRE NOTARIAL SEAL MARY E. CURTIN, Notary Public City of Philadelphia, Phila, Count~ My Commission Expires Sept. 14, 2002 OFFICE CURT LONG To: RODNEY A. ASH 33 BAYBERRY DRIVE MECHANICSBURG, PA 17050 OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CUMBERLAND COUNTY LAND HOLDING, INC. : COURT OF COMMON PLEAS vs. : 02-2155 CIVIL TERM RODNEY A. ASH : No. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. [] Judgment by Default [] Money Judgment [] Judgment in Replevin. [] Judgment for Possession [] Judgment on Award of Arbitration [::] Judgment on Verdict [] Judgment on Court Findings IF YOU HAVE ANY ATTORNEY at this telephone number:._.~( 610 ) CURT LONG Prot;~onotar}, QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: PHILIP G. CURTIN ct...., a,,o,..~,. ~v~,,.~ Esquire 407-9500 QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff Vo DO IT OUTDOORS, 1NC. T/A DIO Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : DOCKET NO. 03-2155 CIVIL NOTICE OF DEFAULT To: Do It Outdoors, Inc. T/A DIO Date ofNotice: ~.IV} ~ IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO AN ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff DO IT OUTDOORS, 1NC. T/A DIO Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : DOCKET NO. 03-2155 CIVIL CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing, NOTICE OF DEFAULT, has been duly served upon the following parties of record by depositing the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania on this r~(~ day of ~TLLfL~ ,2003 and to the addresses listed below: Christopher L. Harrington, Esquire Countess Gilbert Andrews, PC - Attorney for Defendant 29 North Duke Street York, PA 17401-1282 Do It Outdoors, Inc. 3111 Farm Trail Road York, PA 17402 Ashleigh 1~. Trousdale