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Home My WebLink About01-05422t SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY LD. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856)-755-1560 ATTORNEY FOR PLAINTIFF LOAN# 9788704 MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY P.O. BOX 840 BUFFALO, NY 14240-0840 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. O I -S'y(z,~ ~~ v ~ C,~~Y+'~, PLAINTIFF, vs. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 19013 TENANT(S)/OCCUPANT(S) 820 GOBIN ST. CARLISLE, PA 17013 DEFENDANT(S) CIVIL ACTION EJECTMENT 21000 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 FAII. TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAIIVT 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, PA 17103 (717) 249-3166 NOTICIA LE HAT" DEMANDADO A USTED EN LA CORTE. SI USTED QUIEREDEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LADEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCLAESCRITA O EN PERSONA O POR ABOGADO Y ARCHNAR EN LA CORTE ENFORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRAUSTED SINPREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALNIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO OSUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA PUEDECONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717)249-3166 MBG-P-326 CN1L ACTION EJECTMENT 1. The Plaintiff, MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSORBY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY, a corporation, has its principal office located atP.O. BOX 840, BUFFALO, NY 14240- 0840, and is properly conducting business in the Commonwealth of Pennsylvania. 2. The Defendant(s) are DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM and TENANT(S)/OCCiJPANT(S) and they reside at 820 GOBIN ST., CARLISLE, PA 17013, which is, hereinafter, referred to as "the Premises". 3. The EJECTMENT is to take place at the Premises. A true and correct copy of the legal description describing the location of the Premises is attached hereto and incorporated herein by reference, and marked as Exhibit "A". 4. The Premises was sold at Sheriff's sale by the Sheriff of Cumberland County, Pennsylvania, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment In Mortgage Foreclosure entered in the Court of Common Pleas of Cumberland County, Pennsylvania, at the suit of: MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A, SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY vs. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM, who were also the previous owners of the property by virtue of a Deed dated DECEMBER 7, 1987, and recorded DECEMBER 7, 1987, in Deed Book B 33, Page 1006, CUMBERLAND County, Pennsylvania. The sheriffs sale was held on: SEPTEMBER 5, 2001 The case number of said Judgment is: 01-1728 CIVIL TERM 5. The Premises was purchased by the Plaintiff at the Sheriff s sale. 6. The Plaintiff acquired valid title to the Premises on the date of and by virhre of said Sheriff's sale, and is still the real owner of said Premises and is entitled to immediate possession of the Premises. The Deed in favor of MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY was recorded with the Cumberland County Department of Records in Deed book ,Page , on . Said Deed is a matter of State public record and therefore, is hereby incorporated by reference herein as if fully set forth at length (OR) The Deed in favor of MANUFACTURERS & TRADERS TRUST i ~?. - j COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY, has not been recorded as settlement has not yet been made with the Sheriff and/or the Sheriff has not yet returned the Deed to Plaintiff for recording. 7. The perso~rs in possession of the Premises are believed to be the Defendant(s) in this action who aze occupying the Premises without right and without claim to title. WHEREFORE, the Plaintiff demands judgment for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. SPEAR & HOFFMAN, P.A. BY: ~i9i~~2 BONNIE DAHL, ESQUIRE Attorney for Plaintiff MBG-P-326 VERIFICATION The undersigned, BONNIE DAHL, ESQUIRE, being duly sworn according to law, deposes and says that she is the attorney for Plaintiff and that she is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint in EJECTMENT are true and correct to the best of her knowledge, infonnation and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICA:'ION TO AUTHORITIES. DATE: '"6 ONNIE DAHL, ESQUIRE Attorney for Plaintiff EXHIBIT "A" ALI~ that certain tract of land with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described pursuant as follows: BEGINNING at a point on the Northern Line of Gobin Street, which point is westwardly 315.79 feet from the Eastern boundary line of land Hamilton Development; thence along the Northern line of Gobin Stree by a curve to the left, having a radius of 403.62 feet in the center line of said street, Westwardly 80 feet to a point on line of land now or formerly of Reisinger Brothers, Inc.; thence by the latter land, North 20 degrees 47 minutes West, 122.65 (erroneously referred in Deed as 122.56) feet to a point on line of land of Carlisle Fair Association; thence by the latter land, North 70 degrees 41 minutes East, 87.43 feet to line of land now or formerly of Robert E. Wall and wife; thence by said Wall land, South 17 degrees 16 minutes 14 seconds East, 127.43 feet to the Place of BEGINNING. BEING THE SAME PREMISES which John A. Karagiannis and Analia S. Karagiannis, husband and wife by Deed dated December 7, 1987 and recorded December 7, 1987 in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book Volume B33, Page 1006, granted and conveyed unto Douglas S. Graham and N:argot B. Graham, husband and wife, the mortgagors herein. ^~ 1/~' .( V °~ ~ ~ ~ 'c^ O C nr C7 'Ti ~ ~'L {'• i l~ ~I ~„ L' _: (-~ ,L> C 1 C7 "~ ~7 '.r.3 :J tD ~~ -~, 1 `: r ~- ~ `~~ l" '. L ~J~~ z' ..J -G I .~ ~~ ._ . . SHERIFF'S RETURN - NOT FOUND -~! "~. CASE NO: 2001-05422 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS GRAHAM DOUGLAS S ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT GRAHAM DOUGLAS S but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , NOT FOUND as to the within named DEFENDANT GRAHAM DOUGLAS S PROPERTY AT 820 GOBIN STREET IS UNOCCUPIED BUT HAS PERSONAL PROPERTY INSIDE. Sheriff's Costs: So answers• ~~ ~~-- Docketing 18.00 ~~" Service 16.25 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 44.25 SPEAR & HOFFMAN 10/23/2001 Sworn and subscribed to before me this 30 ~ day of ~~- ao-~J A.D. (,? ~, o ee ~ 1 NyP,a~ Pro notary ~ M ~ CASE NO: 2001-05422 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS GRAHAM DOUGLAS S ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT GRAHAM MARGOT B the DEFENDANT at 1025:00 HOURS, on the 17th day of October 2001 at 622 SOUTH HANOVER ST CARLISLE, PA 17013 by handing to MARGOT GRAHAM 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me //t''~~his 3~.Wi day of l~ c.~[u,, ~-Psp ~ A . D . P honotary So Answers: ~~~-~~ R. Thomas Kline 10/23/2001 SPEAR & HOFFMAN By . ~RQ~c~ •!:~ ~~ , Deputy Sheriff ~ was served upon SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIILE ATTORNEY LD. NO. 79294 1020 KINGS HIGHWAY, SUITE 210 CHERRY HII.L, NJ 08034 (856)755-1560 ATTORNEYS FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A, SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. ~ a;Cjb 1 - 6 s~-I ~. 2. P DOUGLAS S. GRAHAM AND MARGOTB.GRAHAM DEFENDANT PRAECIPE TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE COMPLAINT IN EJECTMENT TO THE PROTHONOTARY: Kindly settle, discontinue and end without prejudice the above captioned complaint in Ejectment. SPEAR AND HOFFMAN, P.A. BONNIE DAHL, ESQUII2E Attorneys for Plaintiff (" r , .. _`ij y ~ _ t~ t C'' - . I~n^(~J)~~(~ '/r/