The URL can be used to link to this page

Home My WebLink About06-6982WILLIAM ENCK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. C7G.(o9?Z?P Imo... SHARON L. FEESE, Defendant 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 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 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, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. WILLIAM ENCK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - G g P2 ?-c 1?c.--• SHARON L. FEESE, ; Defendant COMPLAINT AND NOW, comes the Plaintiff, William Enck, by and through his attorney, R. Mark Thomas, Esquire, and files this Complaint in which it is alleged as follows: 1 • William Enck is an adult individual who currently resides at 131 Lee Ann Court, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Sharon L. Feese, is an adult individual who currently resides at 310 Virginia Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 COUNT I - EJECTMENT 3. Paragraphs 1 and 2 are hereby incorporated herein as if set forth at length. 4. On September 6, 2006, after due advertisement according to law and by virtue of a Writ of Execution issued on May 22, 2006, and pursuant to a Sheriff's Sale, the real property located at 310 Virginia Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, was sold by the Sheriff of the County of Cumberland to the Plaintiff, William Enck, in consideration of Eighty-Eight Thousand Dollars ($88,000.00). 5. Prior to the Sheriffs Sale on September 6, 2006, the Defendant, Sharon L. Feese, a single woman, held title to the property in question pursuant to a Deed dated October 7, 1983, and recorded on October 24, 1983, in Deed Book K-30, Page 891. 6. As set forth in Civil Case No. 6377 - 2005, Washington Mutual Bank F.A., filed a foreclosure action against Defendant, Sharon L. Feese, pursuant to a mortgage executed by Sharon L. Feese as mortgagor and Washington Mutual Bank F.A., as mortgagee. 7. Judgment was entered in favor of Washington Mutual Bank F.A., in its foreclosure action. 8. Washington Mutual Bank F.A., proceeded to file a Writ of Execution on May 22, 2006, and pursuant to that Writ, the real property in question was listed for Sheriff s Sale. 9. On September 6, 2006, William Enck, Plaintiff herein, purchased the property at Sheriff's Sale. 10. Plaintiff, William Enck, obtained legal title to the property pursuant to a Deed recorded October 26, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, said Deed being recorded at Book 277, Page 1414. (A copy of this Deed is attached hereto and incorporated herein as Plaintiff s Exhibit "A".) 11. The property in question and known as 310 Virginia Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, is bounded and described as follows: "ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by D. P. Raffensperger Associates, dated January 2, 1979, as follows, to-wit: BEGINNING at a point on the western side of Virginia Road, said point being 80.0 feet south of Delbrook Road; thence along the western side of Virginia Road, south 04°00' east 63.40 feet to an iron pin; thence south 86°00' west, 120.0 feet to an iron pin; thence north 04°00' west, 3.4 feet to an iron pin; thence along Lot No. 16 of hereinafter mentioned Plan, north 24°26'30"east, 68.23 feet to an iron pin; thence along Lot No. 1, North 86°00' east, 87.50 feet to the western side of Virginia Road, the place of beginning. Having thereon erected a 1 %2 story brick and aluminum siding dwelling known as No. 310 Virginia Road. Being Lot No. 2 and the northern 3.4 feet of Lot 3, Block C, Plan No. 2 Del-Brook Manor, recorded in Plan Book 7, page 8, Cumberland County Records. Being known as: 310 Virginia Road (Hampden Township) Mechanicsburg, PA 17055. PROPERTY ID NO.: 10-21-0279-334" 12. Plaintiff, William Enck, is the lawful owner of the property pursuant to the Sheriff's Sale which took place on September 6, 2006. 13. Despite efforts on behalf of the Plaintiff to have the Defendant vacate the property, to date, the Defendant has refused and continues to refuse to vacate the property. WHEREFORE, Plaintiff, William Enck, prays that this Honorable Court will enter judgment in his favor and against the Defendant, Sharon L. Feese, on this action for ejectment and order the Defendant, Sharon L. Feese, to vacate the property. In addition, Plaintiff prays that this Honorable Court will order the Defendant to pay Plaintiff s court costs and legal fees for having to bring this action. Respectfully submitted, R. Mark Thomas, Esquire ID No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 VERIFICATION I, William Enck, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: Y 1C,961 1 J - L 3at3, & Tax Parcel No. 10-21-0279-334 Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $#LQ A.W. (Eiarty-eMt Tkeastand D n , to me in hand paid, do hereby grant and convey to WiMam En?k REAL ESTATE SALE NO. 64 Writ No. 2005-6377 Civil Term Washington Mutual Bank, FA Vs Sharon L. Fosse Atty: Mark J. Udren DESCRIPTION ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by D.P. Raffensperger Associates, dated January 2, 1979,.as follows, to wit: BEGINNING at a point on the western side of Virginia Road, said point being 80.0 feet south. of Delbrook Road; thence along the western side of Virginia Road, south 04000' east 63.40 feet to an iron pin; thense south, NOW, west, 120.0 feet to an iron pin; thence north 04°00' west, 3.4 feet to an iron pin; thence along Lot No. 16 of hereinafter mentioned Plan, north 24°26'30" east, 68.23 feet to an iron pin; thence along Lot No. 1, North 86000' east, 87.50 feet to the western side of Virginia Road, the place of beginning. Having thereon erected a 1 U2 story brick and ahnninum .siding. dwelling known as No. 310 Virginia Road. Being Lot No. 2 and the northern 3.4 feet of Lot 3, Block C,; Plan No. 2 Del-Brook Manor, recorded in plan Book 7, page 8, Cumberland County Records. Being known as: 310 Virginia Road (Hampden Township) Mechanicsburg, PA 17055 PROPERTY ID NO.: 10-21-0279-334 Title to said premises is vested in Sharon L. Feese, a single woman by deed from Paul W. Ruese, Jr. and Elaine T. Ruese, his wife, dated 10/7/83 recorded 10/24/83 in Deed Book K-30, page 891. la <.a n '• C r.' 1 crs ' ' r+ r• -t W at -~? eoac 277 FaEUA 41 rte. eeii??77 ?.:W tV ? w a+1,R.+ 1'V N O ., .t '? • • Se tem er ?o The same having been sold by me to the said grantee on the 6t day of Domini Two Thousand and S, UM after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 22.24 day of UX-LAnno Domini 2006 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as w..l.i.ote?1lVIYtYt1 of Civil Term, Two Thousand and Fke aN51 Number 6- 777 at the suit of Ban FA against Sharon L FFeese. $oox 277 PACE i5 in Witness Whereof, I have hereunto affixed my signature thisZkth day of Qct2 Anno Domini Two Thousand and Six (2006) A.omas ine, Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, 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 2 6 today of Oct Anno Domini Two Thousand and Six (2006) Vit •? ,?. Ut? And Post Office address of the Within Grantee is 131 Lee MAQUrt EnoL. PA 17025 A Solicifor I Certify this to be recorded in Cumberland County PA ;Recorder of Deeds bock 277 PAGEj.4j,•6 1 setciss a float coMM0kW MYN t 1mvANU mm au or ow"JA 'Am 0 "*Mug*, PA 1710060 Conmplmtle Wch 66COA a and fist in dupiieat is without teniidir IN i vji I I i a..m . Iltrrlt ifleelr. i b6vjapsanntNed this Statesnem, Mdsrdh* accempm y1 mg Umteffoldl s+. and to Ilse lags! of 016610011 edV °? a solrvsr.r - 7A? MUM TO COMPLl1R TN1S ?*W "(WKLY OR ATTACH APPLICABLE DMWWAVM0AX"L?MMfff To "em THI No. s AST! ENT OF v iu an I - rul lust P= Gnu 1Cj LCC. ttrIf' t U'T one cburtnouse 59ua'LC Cariisier rA h,V 1.7 LOCATION 310 Virginia Hoag 10-21-6279-334 2. Clmedc Appr"w1ale sort seteu? for Ersorrsptwo Claimed ' ? wm or intestate succession ? Transfer to Industrial Development Agency- a neplete copy of trust agne hoot id.nNfyihhg all beneficiaries.) LJ Transfer to a frost. (Attach ? Transfer between prindpel and agent. (Attach complete coPY of agency/straw party agreement.) ? Transfers to the Cormeonweahh, the United Stales and lnstrumentapNa by gift, dediootion, condemnalio* or in Neu of condemswHon. (If condoonhation or. In Neu of condemnation, attach copy of resolution.) ? Transfer from mortgagor to a holder of o mortgage in defouh. Mortgage Book Number . Page Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ? Statutory aorpord" coroadation, merger or division. (Attach copy of articles.) ? Ott (per explain exemption claimed, if other than Noted above.) eA. Ri bAvem for InBtrucHo? - - v h a( deraNon is n A set forth in the dead, (2) when the deed of is D" when (11 do ful cloh of Vann.h net required 0 the transfer is wholly exempt from tax lion Is e{ahrmed. A USE -1 3a-5Olp3 1(l,1111t m Inc lu y, ? °wnnnp °°`°"y" (Hatlmden 'DownshiP) J c,. NJ *`'CI.:) C7 C c? p rn Crl ? ,? i. r a , '_ L W Ll BSI C SHERIFF'S RETURN - REGULAR CASE NO: 2006-06982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ENCK WILLIAM VS FEESE SHARON L 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 FEESE SHARON L the DEFENDANT , at 1950:00 HOURS, on the 8th day of December-, 2006 at 310 VIRGINIA ROAD MECHANICSBURG, PA 17055 SHARON FEESE 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 11.44 Postage .39 Surcharge 10.00 00 39.83 ?1z ??a 7 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/12/2006 R MARK THOMAS By: Deputy Sheriff A. D. Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb QCountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor -L 29,2 , 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 9 Fax (717) 240-6573