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Home My WebLink About01-05425SPEAR 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# 9787243 MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PO BOX 840 BUFFALO, NY 14240-0840 COURT OF COMMON PLEAS CUMBERLAND COUNTY DocxET No. 01 - 5y2S PLAINTIFF, vs. DONALD L. BRACKBILL AND SUSAN I. BRACKBII,L 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 TENANT(S)/OCCUPANT(S) 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 DEFENDANT(S) CNIL ACTION EJECTMENT 21000 NOTICE ~l U~ C, ! 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, PA 17103 (717) 249-3166 NOTICIA LE HAN 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 PARTIlt DE LA FECHA DE LADEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIAESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR 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 SIlVPREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO OSUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO IlVMEDIATAMENTE. SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V.AYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA PUEDECONSEGUIIt ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 MBB-P-369 i CIVIL ACTION EJECTMENT 1. The Plaintiff, MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A, SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY, a corporation, has its principal office located at PO BOX 840, BUFFALO, NY 14240- 0840, and is properly conducting business in the Commonwealth of Pennsylvania. 2. The Defendant(s) are DONALD L. BRACKBILL AND SUSAN L BRACKBII,L and TENANT(S)/OCCUPANT(S) and they reside at 233 PINE ROAD, MT. HOLLY SPRINGS, PA 17065, 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 Sheriffof 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: MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYS'I ONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY vs. DONALD L. BRACKBILL AND SUSAN L BRACKBILL, who were also the previous owners of the property by virtue of a Deed dated AS RECORDED ,and recorded AS RECORDED, in Deed Book AS RECORDED ,Page AS RECORDED, CUMBERLAND County, Pennsylvania. The sheriffs sale was held on: SEPTEMBER 5, 2001 The case number of said Judgment is: 01-1997 CIVIL TERM 5. The Premises was purchased by the Plaintiff at the Sheriffs sale. 6. The Plaintiff acquired valid title to the Premises on the date of and by virtue 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 MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY was recorded with the Cumberland County Department of Records in Deed book AS RECORDED, Page AS RECORDED, on AS RECORDED. 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 MANUFACTURES ~z TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM 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 persons in possession of the Premises are believed to be the Defendant(s) in this action who are 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. BONNIE DAHL, ESQiJIRE Attorney for Plaintiff MBB-P-369 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, information and belief. THE UNDERSIGNED i.JNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: G%l:./v' B NNIE D ,ESQUIRE Attorney for Plaintiff EXHIBIT "A" ': ALL THAT CERTAIN tract and parcel of land situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the Pine Road (L.R.21008) at the line of lands now or formerly of Clarence A. Bricker and Janet K. Bricker; thence along said latter lands and passing through an iron pin 16.23 feet from said beginning point, South 21 degrees 51 minutes 20 seconds East 199.07 feet to an iron pin at lands now or formerly of Lester E. Dum; thence along said latter lands South 68 degrees 22 minutes West 88.37 feet to a concrete monument at lands now or formerly of the-said Lester E. Dum;,thence along said latter lands North 18 degrees 03 minutes West 175.30 feet, passing through an.iron pin 21.51 feet from the end of said line, to a point in said Pine Road; thence in said Pine Road, North 51 degrees 04 minutes East 81.36 feet to a point, the place of BEGINNING. CONTAINING .355 acres and being described according to a survey of Thomas A. Neff, registered Surveyor, dated August 18, 1996, a copy of which is attached hereto. HAVING thereon erected aone-story brick dwelling house. BEING THE SAME PREMISES which Maurice Stewart Wood, Widower, by his attorney in fact Joy W. Barrett by Deed dated June 27, 1991 and recorded June 27, 1991 in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book Vo'ume E35 Page 624, granted and conveyed unto Donald L. Brackbill and Susan I. Brackbill, the mortgagors herein. a ~' ~ ~~C ~- ~ r,,,, ~ 1 ~~ , ~ ~ ~ ~ ~- ~. . ~ `" ~ r,., v ~_ ^ ~ ~ /' C, ~, :~ ~; - rY, ; -~ .`, ;v- .:~ -~ '-; --= ~i~ ;,,~ J rri ~~ ~r3 ~ (~ .~ SHERIFF'S RETURN -REGULAR CASE N0: 2001-05425 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS BRACKBILL DONALD L ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon BRACKBILL DONALD L the DEFENDANT at 2045:00 HOURS, on the 24th day of September, 2001 at 233 PINE ROAD MT HOLLY SPRINGS, PA 17065 SUSAN BRACKBILL, WIFE 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 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 So AnswerQs~ R. Thomas Kline 09/26/2001 SPEAR & vnacnrtnrT Sworn and Subscribed to before By: me this a F / day of .~~tiQ.;~ aocs! A.D. rothonotary SHERIFF'S RETURN - REGULAR CASE N0: 2001-05425 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS BRACKBILL DONALD L ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon BRACKBILL SUSAN I the DEFENDANT at 2045:00 HOURS, on the 24th day of September, 2001 at 233 PINE ROAD MT HOLLY SPRINGS, PA 17065 SUSAN BRACKBILL 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 Service Affidavit Surcharge 6.00 .00 .00 10.00 So Answers: '~rs~~ R. Thomas Kline 09/26/2001 SPEAR & Sworn and Subscribed to before By: me tnhis ag`~ day of uyi+ (~ ~iOQ~y," ~., f rothonotary SPEAR AND HOFFMAN, P.A. ~ ~ ~~ BY: BONNIE DAHL, ESQUIItE ATTORNEY LD. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HII,L, NEW JERSEY 08034 (856)-755-1560 ATTORNEY FOR PLAINTIFF LOAN# 9787243 MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. Ql -.S't/~.S l:.t~+,l, !~/~-a+~ PO BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, vs. DONALD L. BRACKBILL AND SUSAN I. BRACKBILL 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 TENANT(S)/OCCUPANT(S) 233 PINE ROAD MT. HOLLY SPRINGS, PA 17065 DEFENDANT(S) ~'~ ~ ~~ '~ ~~ ~'~a~[s~Irtsy ~~~~~f, € w~ ~ era ~~ harts ~dYd 2S~e s~a1 ~f sai~S gat ~a~~:saa, Pa. Yh9e ~ .___ 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 FAIL TO DO 50 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, PA 17103 (717) 249-3166 NOTICIA LE HAN 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 APARIENCLSESCRITA O EN PERSONA O POR ABOGADO Y ARCHNAR EN LA CORTE ENFORNIA 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 ONOTIFICACIONYPOR CUALQUIER QUEJA O ALNIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DIIVERO 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, V.AYA 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 MBB-P-369 CIVIL ACTION EJECTMENT The Plaintiff, MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN IIVTEREST TO FARMERS TRUST COMPANY, a corporation, has its principal office located at PO BOX 840, BUFFALO, NY 14240- 0840, and is properly conducting business in the Commonwealth of Pennsylvania. 2. The Defendant(s) are DONALD L. BRACKBILL AND SUSAN L BRACKBILL and TENANT(S)/OCCUPANT(S) and they reside at 233 PINE ROAD, MT. HOLLY SPRINGS, PA 17065, 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: MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYS"1 ONE FINANCIAL BANK, N.A., SUCCESSOR IN IlV"I'EREST TO FARMERS TRUST COMPANY vs. DONALD L. BRACKBILL AND SUSAN I. BRACKBILL, who were also the previous owners ofthe property by virtue of a Deed dated AS RECORDED ,and recorded AS RECORDED, in Deed Book AS RECORDED ,Page AS RECORDED, CUMBERLAND County, Pennsylvania. The sheriffs sale was held on: SEPTEMBER 5, 2001 The case number of said Judgment is: 01-1997 CNII, TERM 5. The Premises was purchased by the Plaintiff at the Sheriffs sale. 6. The Plaintiff acquired valid title to the Premises on the date of andby virtue of said Sheriff's sale, and is still the real ocdner of said Premises and is entitled to immediate possession of the Premises. The Deed in favor of MANUFACTURES & TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY was recorded with the Cumberland County Department of Records in Deed book AS RECORDED, Page AS RECORDED, on AS RECORDED. 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 4.: of MANUFACTURES ~c TRADERS TRUST COMPANY SUCCESSOR BY MERGER FROM 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 persons in possession of the Premises are believed to be the Defendant(s) in this action who are 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. BONNIE DAHL, ESQUIRE Attorney for Plaintiff MBB-P-369 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 laiowledge, information 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 FALSIFICATION TO AUTHORITIES. DATE: l ~~~ B NNIE D ,ESQUIRE Attorney for Plaintiff EXHIBIT "A" ALL THAT CERTAIN tract and parcel of land situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, more particulazly bounded and described as follows, to wit: BEGINNING at a point in the Pine Road (L.R.21008) at the line of lands now or formerly of Clarence A. Bricker and Janet K. Bricker; thence along said latter lands and passing through an iron pin 16.23 feet from said beginning point, South 21 degrees 51 minutes 20 seconds East 199.07 feet to an iron pin at lands now or formerly of Lester E. Dum; thence along said latter lands South 68 degrees 22 minutes West 88.37 feet to a concrete monument at lands now or formerly of the said Lester E. Dum;,thence along said latter lands North 18 degrees 03 minutes West 175.30 feet, passing through an.iron pin 21.51 feet from the end of said line, to a point in said Pine Road; thence in said Pine Road, North 51 degrees 04 minutes East 81.36 feet to a point, the place of BEGINNING. CONTAINING .355 acres and being described according to a survey of Thomas A. Neff, registered Surveyor, dated August 18, 1996, a copy of which is attached hereto. HAVING thereon erected aone-story brick dwelling house. BEING THE SAME PREMISES which Maurice Stewart Wood, Widower, by his attorney in fact Joy W. Barrett by Deed dated June 27, 1991 and recorded June 27, 1991 in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book Vo:ume E35 Page 624, granted and conveyed unto Donald L. Brackbill and Susan I. Brackbill, the mortgagors herein. ~. i _stcWat«4u"1~~iHS~3~x.x ,., e~xn.rsaaa~a~;.~. raY;rn, ,.~~~~~~ _..~~r: <,.--h~eiF ~. - ~~~~~~ ~(~~~ -.. ~ -' r= ;•,~ :~• ~; ; 81 d~S Li rt i Pi. 9'#i~i ' ~'!C7 _ '-