HomeMy WebLinkAbout03-1244FEDERMAN AND PHELAN, LLP
By: Frank Federman, Esquire
Identification No. 12248
One Penn Center Plaza
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
Attorney for Plaintiff
Manufacturers & Traders Trust Company One M&T Plaza,
Buffalo, NY 14203-2399, Trustee For Securitization
Series 1998-3 Agreement Dated September 1, 1998 :
3815 Southwest Temple
Salt Lake City, UT 84165 :
Vo
James Mc Naney
Or Occupants
38 Bayberry Avenue
Mechanicsburg, PA 17055
Court of Common Pleas
Civil Division
Cumberland County
Term
-
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Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be
used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not
reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only
enforcement of a lien against property.
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 (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 and
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
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Plaintiff is Manufacturers & Traders Trust Company One M&T Plaza, Buffalo, NY
14203-2399, Trustee For Securitization Series 1998-3 Agreement Dated September 1,
1998.
2. Defendant is James Mc Naney and Or Occupants.
3. Plaintiff is the owner of premises located at 38 Bayberry Avenue, Mechanicsburg, PA
17055, a legal description of which is attached.
Plaintiff became owner of said premises by a Deed from the Sheriff of Cumberland
County, which Deed was lodged and settlement made with the Sheriff (Abstract of
Title).
Plaintiff, by virtue of the above, is the owner of said premises, and is entitled to
possession thereof. The defendant is occupying the said premises without right and so far
as the plaintiff is informed, without claim of title.
6. Plaintiff has demanded possession of the said premises from the said defendant who
has refused to deliver up possession of same.
WHEREFORE, plaintiff seeks to recover possession of said premises.
FEDERM~, ESQUIRE
Attorney for Plaintiff
Premises:
38 BAYBERRY DRIVE, TOWNSHIP OF SILVER SPRINGS
CUMBERLAND COUNTY
PENNSYLVANIA
Based upon the examination of evidence in the appropriate public records, Company certifies that
the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title
hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is
assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or
omissions in a sum not to exceed Two Thousand Dollars.
DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of Silver Spring, in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the right of way line of Bayberry Drive at the dividing line between Lots
No. 215 and 214 as shown on the aforementioned Subdivision Plan; thence along same South 89
degrees 25 minutes 42 seconds West, a distance of 137.00 feet to a point at the dividing line
between Lots No. 214, 215, and 52 of Mulberry Crossing, Section One; thence along the dividing
line between Lots No. 214 and 52, North 5 degrees 59 minutes 42 seconds West, a distance of
58.98 feet to a point at the dividing line between Lots No. 214, 52 and 213; thence along the
dividing line between Lots No. 214 and 213, North 78 degrees 34 minutes 54 seconds East, a
distance of 137.00 feet to a point on the right of way line of Bayberry Drive; thence along the right
of way line Berry Drive by a curve to the right having a radius of 449.00 feet, an arc distance of
85.00 feet with a chord bearing South 01 degrees 04 minutes 33 seconds West, a chord distance of
445.21 feet to a point and place of Beginning.
BEING Lot No. 214 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section
Three, Wynnewood West Development Company and containing 9,923 sq. ft., more or less, as
prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office
of Cumberland County, Pennsylvania, in Plan Book 49, Page 111.
Tax Parcel #38-22-0144-164
VERIFICATION
Frank Federman, Esquire hereby states that he is the Attorney for the Plaintiff in
this matter, that Plaintiff is outside the jurisdiction of the court and/or the
verification could not be obtained within the time allowed for the filing of the
pleading, that he is authorized to take this Verification, pursuant to Pa. R.C.P.
1024 (c) and that the statements made in the foregoing Civil Action in Ejectment
are true and correct to the best of his knowledge, information and belief.
Furthermore, it is counsel's intention to substitute a verification from Plaintiff as
soon as it is received by counsel.
The undersigned understands that this statement is made subject to the penalties
of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities.
Date:
~rank Federman, Esquire
Attorney for Plaintiff
SHERIFF'S RETURN
CASE NO: 2003-01244 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS & TRADERS TRUST
VS
MCNANEY JAMES
REGULAR
SHAWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
MCNANEY JAMES the
DEFENDANT
at 38 BAYBERRY AVENUE
, at 1749:00 HOURS, on the 31st day of March , 2003
MECHANICSBURG, PA 17055
by handing to
DEBBIE MCNANEY, WIPE
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
Service
Affidavit
Surcharge
18 00
6 9O
00
10 00
00
34 90
Sworn and Subscribed to before
me this /~ ~ day of
/ ~rothonotary ~ /
So Answers:
R. Thomas Kline
04/01/2003
FEDERMAN & PHELAN
J ~Dep%t'y Sheriff
FEDERMAN AND PHELAN
By: Frank Federman, Esquire
Atty. I.D. No. 12248
Ch~e Penn Center Plaza, Suite 1400
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
Manufacturers and Traders Trust
Company, One M&T Plaza, Buffalo,
NY 14203-2399, Trustee for
Securitization Series 1998-3 Agreement
dated September 1, 1998
Court of Common Pleas
James McNaney or occupants
Civil Division
Cumberland County
No. 03'1244 Civil Term
PRAECIPE TO WITHDRAW COMPLAINT
TO THE PROTHONOTARY:
Plaintiff hereby withdraws the complaint in Ejectment in connection with the above
matter.
D~e /
ff~ank Federma~, Esquire
Attorney for Plaintiff