Letter of Ejectment

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Latest post 01-24-2014 9:47 AM by Chris8620. 39 replies.
  • 06-29-2012 1:25 PM In reply to

    Re: Letter of Ejectment

    Here's the thread about the utilities-

    http://community.lawye...

  • 06-29-2012 1:35 PM In reply to

    Re: Letter of Ejectment

    MandyCakez:
    The papers have a e-filed stamp on them.

    Also the 90 Day Notice has no date on it.I thought that was kind of strange.

    Does the "e-filed" stamp have a date on it?  Is there a date anywhere in the paperwork you got?

    The thing that could make this a nightmare for you is if they SAY they served you the 90-day notice 70 or even 90 days ago, and now are giving you a 20-day notice to move out.  I tried briefly to search the web for HOW they have to give you the 90 days' notice in Pennsylvania (apparently details like that were left for the states to come up with rules for), but no success.

    Do you know the date of the foreclosure?  Did you receive papers notifying you about the foreclosure?  If so, you should dig those out and re-read them very carefully to see if your 90-day notice to move out is actually in there.

    If they say you have to be out in 20 days, that probably means they already filed an "ejectment" (same as eviction, apparently) action against you.  Ask them, to be sure.  If they did, then electronic tenant-screening searches will already turn up that an eviction action has been filed against you.  At least the eviction hasn't yet been completed, but it'll still be a black mark on your record.

     

  • 06-29-2012 1:46 PM In reply to

    Re: Letter of Ejectment

    Yes,the E-Filed stamp has a date of June 18th on it and also Civil/Family Divison Department of Court Records Allegheny County.

    The only other paper i have received from the bank was when the bought the property i received a "Important Notice Regarding your Occupancy Of the Property"Right under that it states in big bold letters (THIS IS NOT A NOTICE TO VACATE)

    I received notices from the sheriff about the house going up for sheriff sale before it was sold.But my lanlord was in the process of trying to save the home or else i probably would went ahead and moved sooner.

    The date of the foreclosure was Feb,6th 2012.

  • 06-29-2012 2:20 PM In reply to

    Re: Letter of Ejectment

    MandyCakez:
    Yes,the E-Filed stamp has a date of June 18th on it and also Civil/Family Divison Department of Court Records Allegheny County.

    Try to read the documents that have that stamp on them to see what they say about when you're expected to move out.  Unless you're prepared to do legal battle (a costly, frustrating, time-consuming process with an uncertain outcome), I think you should try to move out by that date if you can.

  • 06-29-2012 2:22 PM In reply to

    Re: Letter of Ejectment

    Link didn't show up the 1st time.

    http://community.lawyers.com/forums/p/123743/618284.aspx#618284

  • 06-29-2012 2:36 PM In reply to

    Re: Letter of Ejectment

    I've read through everything and there is no time frame as to when i'm expected to move out.It just says i'm being sued and that i should respond within 20 days.I've been on the phone all afternoon and i can't seem to get a straight answer from anyone.And not to many people seem to familer with the Tenant Foreclosure Law?

  • 06-29-2012 2:51 PM In reply to

    Re: Letter of Ejectment

    karen2222:
    giving you a 20-day notice to move out.

    It's not 20 days to move out.

    It's 20 days to respond to the ejectment complaint.

    MandyCakez:
    Yes,the E-Filed stamp has a date of June 18th

    My educated guess is that the 90 days starts to run on June 18th or on the date you were served.

    You might be able to find your case docket at:

    http://fjdefile.phila.gov/efsfjd/zk_fjd_public_qry_00.zp_main_idx?uid=R69MKtuI!IolqsSYDxam&o=0bfXB3nbUxozKg8

    Then you can determine if the affidavit of service was filed and confirm that the date of service is documented.

    If you can't find it that way you can call the court and ask about it.

    Here's the statute on ejectment:

    http://www.pacode.com/secure/data/231/chapter1000/subchapCtoc.html

    Here's the sample ejectment complaint.

    http://www.tubecityonline.com/almanac/images/090616.pdf

    If yours looks like that and you want to post (word for word) everything it says in the complaint, I'll give you some tips as to format for an answer.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-29-2012 3:21 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,587

    Re: Letter of Ejectment

    Its perhaps fair game to try to baffle you with wads of paperwork. You basically are entitled to the 90 days as per the Federal law and I think it is 90 days after they sned you proper notice now 90 days after new owner is in place --so if notice is defective it may trigger a do over. But you gotta raise it as a defense.   You most likley need to plan to be there in court as well ...

    You still haven't posted the precise claim or reason the owner is making to seek to have you evicted/ejected...that is probably the issue you need to address in your response.

    Ejectment usually is a term applied to a holdover owner---I'm not sure how it applies to a tenant.

    I think you probably need to file a timely response with both plaintiff/lawyer and the court.  Keep it on precise topic.

    I wonder if lender/owner was under impression it was owner occupied ...??



  • 06-29-2012 3:29 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,587

    Re: Letter of Ejectment

    A notice which says it is not a notice to vacate sure does not read like it is the 90 day notice as per the Federal law  . The new package may contain a 90 day notice or its possible 90 day notice was skipped---or its possible that  the notice is defective--a notice w/o a date may not be sufficent to constitute proper notice--beyond me.



  • 06-29-2012 3:34 PM In reply to

    Re: Letter of Ejectment

    Yes,Mine is very similar to that..i will try to scan them and just block out the address.If that doesn't work i will type them in word for word.You guys have been most helpful.Everyone else has just sent me in circles all day.

    Thanks again!

  • 06-29-2012 3:47 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,587

    Re: Letter of Ejectment

    PA is rather tenant friendly ---and a notice which is not correct in all details might get tossed by court if one objects to a known defect.

    Locally as a LL seeking to evict  ---I've had a judge sit and measure size of print --needs to be big enough --and make sure I attacted required notice for legal aid and Spanish vesrions as per local court rules   ---and the most mundane of tenant issues like missing screens (a code issue ) forced me to delay (tenant had destroyed screens but judge made me provide new screens before allowing case to proceed..)



  • 06-29-2012 5:30 PM In reply to

    Re: Letter of Ejectment

    Here are the documents...i blacked out names...and my address...i know they are public record though.

    http://s273.photobucke...

    I apologize for them not being in order...they uploaded backwards and then i realized i forgot document 4..so that's the last one...all are numbered though.

    Thanks again for all your help!

  • 06-29-2012 5:31 PM In reply to

    Re: Letter of Ejectment

    See if this will post the link again....


    http://s273.photobucke...

  • 06-29-2012 5:43 PM In reply to

    Re: Letter of Ejectment

    Drew:

    A notice which says it is not a notice to vacate sure does not read like it is the 90 day notice as per the Federal law  . The new package may contain a 90 day notice or its possible 90 day notice was skipped---or its possible that  the notice is defective--a notice w/o a date may not be sufficent to constitute proper notice--beyond me.

    The 1st notice i received said it was not a notice to vacate...i received that one back on Feb 17th.

    The notice i received yesterday (June 29th) has the 90 Notice.

  • 06-29-2012 7:06 PM In reply to

    Re: Letter of Ejectment

    MandyCakez:

    Here are the documents...i blacked out names...and my address...i know they are public record though.

    http://s273.photobucke...

    I apologize for them not being in order...they uploaded backwards and then i realized i forgot document 4..so that's the last one...all are numbered though.

    Thanks again for all your help!

    First, my disclaimer:

    I am not a lawyer. I don't give legal advice, I just make helpful comments. I guarantee nothing. If you decide to act on my comments without the advice of an attorney you do so at your own risk.

    I'll give you some resources on how to write it. Once you understand the how, you can put something together to file with the court.

    First thing to understand is that, in an Answer, you only admit or deny allegations, you don't explain why you are admitting or denying, unless you are admitting in part and denying in part. In other words, an Answer is not the place to state your case, defense, evidence, or any other extraneous matters (like all the bad things the plaintiff did in the past).

    The following website has a good explanation of the steps in a lawsuit and explains how to genrally construct an answer.

    http://www.northwestregisteredagent.com/lawsuit-answer.html

    Here are two actual answers that have been filed in PA courts:

    http://howappealing.law.com/RoskovAnswer.pdf

    http://www.mnsd.net/lawsuit/MNSD%20Complaint%20Answers.pdf

    Your answer is not going to be as complicated as those nor will it have all the elements that those have.

    Basically you are going to address just the 3 pages of the complaint, numbered 5, 4, and 3 on photobucket.

    I would set up the top of your first page in the same format as the complaint, showing the plaintiff, defendant, the court and the case number.

    Center the title and call it something like Answer to Civil Action Ejectment With Affirmative Defenses. You don't likely have any new matters or counterclaims.

    First paragraph:

    • Comes now the Defendant, ______________, in propria persona, and files the following Answer to Civil Action Ejectment, averring as follows:

    Then for each numbered allegations you list your numbered responses. You need not repeat the allegations. Only indicate whether you admit or deny, etc.

    For allegatons based on information provided by the plaintiff I suggest using the following phrase:

    • Admits, to best of knowledge and belief.

    That phrase likely applies to allegations 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.

    Here's where it gets interesting.

    • 13. Admits in part, denies in part. Defendant admits to being the person occupying the Premises without claim to title but denies occupying the premises without right.
    • 14. Denies.

    Next center the title: Affirmative Defenses.

    • Comes now the defendant _________________, in propria persona, to present the following Affirmative Defenses:
    • 1. Plaintiff fails to state a claim upon which relief can be granted.
    • 2. An action for ejection is premature as Defendant has a right to remain a tenant for 90 days under US law and received notice of same from Plaintiff on June 28, 2012.

    Final paragraph:

    • Wherefore, Defendant asks the Court to dismiss the Civil Action Ejectment and award Defendant any filing and service fees and any other relief that the Court deems proper.

    Set up your signature like the other samples.

    After which you will need to attache a Certificate of Service similar to the last page of this sample:

    http://howappealing.law.com/RoskovAnswer.pdf

    File it with the court (get your copies date stamped) and mail a copy to the attorney (return receipt).

    If there's a fee for the filing, pay it. You really don't have a choice although you can ask for a fee waiver applicaiton and see how that goes.

    Make sure you continue to pay your rent on time to the attorney by check (also return receipt). Otherwise you are likely to just get evicted in a hurry for non-payment.

    Once you have filed your answer the Discovery period starts.  During Discovery, each party will filed a series of requests with the opposing party known as interrogatories (asking the opposing party to answer questions), production (asking for documents to be produced) and admissions (asking the opposing party to admit or deny questions). The party must then respond to the Discovery in a given time period.

    It may take a few weeks for the lawyer to get started on this but you can expect to get more confusing paperwork at some point.

    When you get it, come back to this thread to discuss.

     

     

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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