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Home My WebLink About03-5479 FEDERMAN AND PHELAN, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 Attorney for Plaintiff One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Manufacturers & 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 3815 Southwest Temple Salt Lake City, UT 84165 Civil Division v. Cumberland County Term James Mc Naney Or Occupants 38 Bayberry Avenue Mechanicsburg, P A 17055 No.DJ -Sl/?? C,'u~ L '-r~ CIVIL ACTTON' - F..JF.r.TMF.NT - 3020 NO'l'Tr.~ 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 1. 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. 4. 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) . 5. 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. ~~..s~ lrancis S. Hallinan, Esquire Attorney for Plaintiff Premises: 38 BAYBERRY DRIVE. TOWNSHIP OF SILVER SPRlNGS 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 Jess, 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 Parcet #38-22-0144-164 VERIFICATION Francis S. Hallinan, 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: /0/7 h3 / / ~~-,5"'d~ ;!rancis S. Hallir'1a'n, Esquire Attorney for Plaintiff H () -IQ.. ~'l0 ~ ~Crt D w r-- ;J b t F 0) -9 b -t- "') ~ c ~;,,-. ' >.~ ~ ') ~ {;CJ SHERIFF'S RETURN - REGULAR CASE NO: 2003-05479 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS VS MCNANEY JAMES CPL. TIMOTHY REITZ , 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 1330:00 HOURS, on the 24th day of October ,2003 at 38 BAYBERRY AVENUE MECHANICSBURG, PA 17055 by handing to DEBBIE MCNANEY, WIFE 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 So Answers: 18.00 6.90 .00 10.00 .00 34.90 r~ .J"<: ~, R. Thomas Kline ~-~ 10/27/2003 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~ !f- - ~- 7' d fl /. . ~ De]:J ty Sheri "" me this t- day of ~ jlftJ....3 A.D. (kt~n~'~ .. , PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Manufacturers & 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 Plaintiff Civil Division vs. Cumberland County James Mc N aney Debra Mc Naney Defendant( s) No. 03-5479 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:~ ~ ,Sftd}- - ./ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 71982 r--' c::;1 c;::;J er- e> n --\ I ..r;- Q. -\ :J:-n rn r:: -0 fl'. -~JO /.... 1-., -~(> 'T'" :J:-, <,;l~ \~ ):.':>' ~ :P" -- ~ - - c:> c'"' -