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Home My WebLink About06-5509MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ATTORNEY ID NO.: 77274 Woodland Falls Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff, JP Morgan Chase Bank as Trustee for Equity COURT OF COMMON PLEAS One ABS, Inc., Mortgage Pass Through CUMBERLAND COUNTY Certificates, Series 2005-2 450 West 33rd Street New York, NY 10001, Vs. Plaintiff, Diane Kostick, and Known/Unknown Occupants 405 9th Street New Cumberland, PA 17070, Defendants. Case No.: olo - J J o 7 (2; u L (C-7itz-?V, CIVIL ACTION COMPLAINT IN EJECTMENT {00121326} NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. {00121326} MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ATTORNEY ID NO.: 77274 Woodland Falls Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff, JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage Pass Through Certificates, Series 2005-2 450 West 33rd Street COURT OF COMMON PLEAS CUMBERLAND COUNTY New York, NY 10001, Plaintiff, Case No.: Vs. Diane Kostick, and Known/Unknown Occupants 405 9th Street New Cumberland, PA 17070, Defendants. CIVIL ACTION (REAL PROPERTY) LEASE OR EJECTMENT You have been sued in Court. If you wish to defend against the claims set forth on 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 an attorney and filing in writing with the Court, your defense or objects 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 claims or relief requested by the Plaintiff. You may lose money or personal 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 {001213261 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ATTORNEY ID NO.: 77274 Woodland Falls Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff, JP Morgan Chase Bank as Trustee for Equity COURT OF COMMON PLEAS One ABS, Inc., Mortgage Pass Through CUMBERLAND COUNTY Certificates, Series 2005-2 450 West 33rd Street New York, NY 10001, Plaintiff, Case No.: C IL - J??o oac-a? Vs. Diane Kostick, and Known/Unknown Occupants 405 9th Street New Cumberland, PA 17070, Defendants. COMPLAINT IN EJECTMENT Plaintiff, JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage Pass Through Certificates, Series 2005-2 (herein referred to as "Plaintiff') is a bank, conducting business under the laws of the Commonwealth of Pennsylvania and brings this Ejectment action against Diane Kostick and Known/Unknown Occupants (hereinafter referred to collectively as "Defendants") 2. Defendants are the individuals occupying 405 9th Street, New Cumberland, PA 17070 (hereinafter referred to as "Premises") more fully described in the legal description attached as Exhibit "A". 3. Plaintiff is the record owner of the Premises where Defendants reside, having filed a Complaint in Mortgage Foreclosure proceeded to judgment in that action and acquired Title to {00121326} the Premises by a Sheriff Sale, which took place on September 06, 2006 in favor of Plaintiff. Please see a copy of the filed Writ of Execution attached hereto as Exhibit "B". 4. The Defendants have no valid legal right to possession and Title to the Premises. 5. Plaintiff claims the right to possession of the Premises to the exclusion of the Defendants. WHEREFORE, Plaintiff requests that this Court enter a Judgment for Possession against the defendants, Diane Kostick and Known/Unknown Occupants. Milstead & Associ LLC , By: Pina S. Wertzbe e , Esqu #77274 {00121326} VERIFICATION I, Pina S. Wertzberger, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf. I verify that the facts and statements set forth in the forgoing Complaint in Ejectment are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Name: mn S. Wert erger, Esquire Title: Attorney 100121326} ALL THAT CERTAIN TRACT OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE BOROUGH OF NEW CUMBERLAND, CU14RERLAND COUNTY, PENNSYLVANIA BOUNDED AND DESCRIBED ACCORDING TO A SURVEY AND PLAN THEREOF MADE BY GERRIT J. BETZ, R.S., DATED APRIL 5, 1974 AS FOLLOWS, TO WIT: BEGINNING AT A DRILL HOLE IN THE NORTHERN LINE OF NINTH STREET (50 FEET WIDE) AT THE CORNER OF LAND, NOW OR FORMERLY OF CARL E. GOSS, BEING HOUSE NO. 407, SAID POINT BEING MEASURED 300.48 FEET IN AN EASTERLY DIRECTION FROM THE NORTHEASTERN CORNER OF THE INTERSECTION OF NINTH STREET AND BRANDT AVENUE; THENCE EXTENDING FROM SAID POINT OF BEGINNING AND THROUGH THE CENTER LINE OF PARTITION WALL BETWEEN HOUSES NOS. 405 AND 407 NINTH STREET, NORTH 27 DEGREES 30 MINUTES WEST A DISTANCE OF 100.00 FEET TO HUB ON THE SOUTH SIDE OF AN ALLEY (10 FEET WIDE) ; THENCE ALONG SAID ALLEY; FORTH 62 DEGREES 30 MINUTES EAST THE DISTANCE OF 22.0 FEET TO A HUB AT THE CORNER OF LANDS, NOW OR FORMERLY,. OF ANDREW JOSEPH MAHALXO; THENCE ALONG LANDS, NOW OR FORMERLY OF ANDREW JOSEPH MAHALKO SOUTH 27 DEGREES 30 MINUTES EAST THE DISTANCE OF 100.0 FEET TO A HUB ON 'THE SAID SIDE OF NINTH STREET; THENCE ALONG THE SAID SIDE OF NINTH STREET; THENCE ALONG THE SAID SIDE OF NINTH STREET SOUTH 62 DEGREES 30 MINUTES WEST THE DISTANCE OF 22.0 FEET TO A POINT, THE PLACE OF BEGINNING. UNDER AND SUBJECT, NEVERTHELESS TO EASEMENTS, RESTRICTIONS, RESERVATIONS, CONDITIONS, AND RIGHTS OF WAYS OF RECORD OR VISIBLE UPON INSPECTION OF PREMISES. BEING KNOWN AS 405 9th Street, New Cumberland, PA 17070 PARCEL ID NO: 26-24-0811-200A IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling (00095838) I, 00-& In the Court of Common Pleas of Cumberland County, PA JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2 Plaintiff Vs. Diane Kostick Defendant(s) Praecipe For Writ of Execution (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above captioned matter, 3. and index this writ against the Defendant(s) as follows: Diane Kostick 4. Real property involved: March 30, 2006 CIVIL ACTION NO.: 06-1065 Civil Term 405 9th Street New Cumberland, PA 17070 AMOUNT DUE INTEREST From 3/31/06 to Date of Sale at $16.21 per diem TOTAL (Costs to be added) 0 r.g p IT, 14 c.n G..3 < $98,615.87 {00495838} 77 Ln W --r ? CID SHERIFF'S RETURN - REGULAR CASE NO: 2006-05509 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS KOSTICK DIANE ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon KOSTICK DIANE the DEFENDANT at 1600:00 HOURS, on the 4th day of October , 2006 at 405 9TH STREET NEW CUMBERLAND, PA 17070 by handing to GARY ANDERSON, FIANCE a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.08 Affidavit .00 T Surcharge 10.00 R. Thomas Kline .00 42.08 10/06/2006 MILSTEAD & ASSOCIATES Sworn and Subscibed to ByA )jjVt before me this day Deputy She f of A.D. _.0 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05509 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS KOSTICK DIANE ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon OCCUPANT the DEFENDANT , at 1600:00 HOURS, on the 4th day of October , 2006 at 405 9TH STREET NEW CUMBERLAND, PA 17070 by handing to GARY ANDERSON a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 %: Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00? 10/06/2006 Il/wt(f MILSTEAD & ASSOCIATES Sworn and Subscibed to( ( By: before me this day Deputy She f of A. D. Curtis R. Long Prothonotary office of the i3rotbonotarp Cuntberlana QCauntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor QI, S So? CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573