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Home My WebLink About04-5259GOLIIBECK McCAFFERTY & McKEEVER -L-Y: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D.#16132 SUITE 5000 MELLON INDEPENDENCE CENTER 701 Market Street PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF M&T BANK PO Box 840 Buffalo, NY 14240-0840 VS. NAOMIBURGETT and OCCUPANTS 23-30 Main Street Walnut Bottom, PA 17226 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Plaintiff Defendants CIVIL ACTION - LAW ACTION OF EJECTMENT Term No. OLI -Sa25Q l_ wI c-TfawI CIVIL ACTION: EJECTMENT 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 the Complaint and notice arc 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 claim in the Complaint of 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. LEGAL SERVICES INC 8 Irvine Row, Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA COUTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTED DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SO ABOGADO, REGISTRE CON LA COUTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBIECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RATAN DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. 238-6300. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) LEGAL SERVICES INC 8 Irvine Row, Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 COMPLAINT IN EJECTMENT Plaintiff is M&T BANK, PO Box 840, Buffalo, NY 14240-0840. 2. Defendants are NAOMI BURGETT, and OCCUPANTS. 3. Plaintiff is the equitable owner of premises 23-30 Main Street, Walnut Bottom, PA 17226 a legal description of which is attached hereto. 4. Plaintiff became the equitable owner of said premises as a result of deed in lieu of foreclosure dated March 18, 2004. 5. Plaintiff, by virtue of the above, is the equitable owner of said premises, and is entitled to possession thereof. The Defendants, NAOMI BURGETT and OCCUPANTS, are 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 Defendants, who have refused to deliver up possession of the same. WHEREFORE, Plaintiff requests judgment for possession of the premises. . . Goldbeck, r., Esq. J eph A VERIFICATION I, Joseph A. Goldbeck, Jr. as the Attorney of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: Jos h AG!Vdk, Jr. v #9423872 - NAOMI BURGETT BERNSTEIN LAW FIRM ?a•? cZ- rasu'If < D D THIS INDENTURE MADE as of the day of mare-. h M RVTNI C. MCCOMMON, Grantor, M &. T BANK, Grantee, BETWEEN' and WITNESSETH, PAGE 03 ,200/ That the said Grantor, by and through, Harvey H. McCommon, his attorney-in-fact, as evidenced by the Durable Power of Attorney dated October 25, 2001, a copy of which is attached hereto, in consideration of ONE AND N 01104 (S 1.00).DOLLAR and in lieu of foreclosure, paid to the grantor by the grantee does grant, bargain, sell and convey unto the said Grantee, its successors and assigns, forever: ALL those certain two tracts of land situate in the Village of Jacksonville, South' Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: 'TRACT NO, i On the North by Tract No. 2 below; on the East by property formerly of Donald F. Keitcr, late of Earl Beecher; on the South by the center line of the Walnut Bottom Road; on the West by property formerly of Harry Brannon et ux, later of Lamar Glass, having a frontage of 120 feet, more or less, along the Walnut Bottom Road and extending at an oven width in depth, 134 feet, more or less, to Tract No, 2 below. Being improved with a two-family dwelling house and a large garage. TRACT NO. On the North by land formerly of Charles G, Meals et ux, later of Mark E, Cockley, on the East by land formerly of Glenn R- Stouffer et ux, later of Eats Beecher, on the South by Tract No. 1 above; and j on the West by land now or formerly of Herman Comerer et ux. Being 110 feet, more or less, by 110 feet, more or less. Being the same premises which Norman F. Hemminger and Bessie A. Hemoringcx, his wife, by their hood dated October 26, 1968 and recorded in the Office of the Cumberland County Recorder of Deeds, in Deed Book Volume Z-n at page 329 granted and conveyed unto Mervin C. McCommon. CA00005"4VO61 u6aM4 ?.,,.or2004 08:32 4124568135 13ERNSTEIN LAW FIRM PAGE 04 THIS CONVEYANCE IS IN LIEU OF FORECLOSURE AND IS EXEMPT FROM TRANSFER TAXES. Tax Parcel No. 41-31-2230.046 26 & 30 East Main Street, Wi daot Bottom, PA 17266 TO HAV$ AND TO HOLD the same to and for the use of said Omntee, its successors and assigns, forever, and the grantors for themselves, their heirs and assigns, hereby covenant and agree that Grantors quit claim die property hereby conveyed. NOTICE - THIS DOCUMENT MAY NOTIDOES NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL, AND RIGHT OF SUPPORT IINDERN1ATFI THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVEMAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND, 118 THAT CONNECTION, DAMAGE MAY RESULT' TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF TATS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED, TRANSFERRED,, EXCEPTED OR RESERVED BY THIS,INSTRUMENM (This notice Is set forth In the manner provided In Section I of the Act of Judy 17,1957, P.L. 984, as amended, and is not intended as notice of unrecorded instruments, if any.) NOTICE- THE UNDERSIGNED, AS.E'VIDENCED BY THE SIGNATURE(S) TO TINS NOTICE AND THE ACCEPTANCE AND RECORDING OF THIS DEED, (IS, ARE) FULLY COGNIZANT OF THE FACT THAT THE UNDERSIGNED MAY NOT BE OBTAINING THE RIGHT OF PROTECTION AGAINST SUBSIDENCE, AS TO THE PROPERTY HEREIN CONVEYED, RESULTING FROM COAL MINING OPERATIONS AND THAT THE PURCHASED PROPERTY, HEREIN CONY .VFD, MAY BE PROTECTED FROM DAMAGE DUE TO MINE SUBSIDENCE BY A PRIVATE CONTRACT Wrl"H TIIE OWNERS OF THE ECONOMIC INTEREST IN THE COAL. THIS NOTICE I$ INSERTED HEREIN TO COMPLY WITH THE BITUMINOUS MINE SUBSIDENCE AND LAND CONSERVATION ACT OF 1966, as amended 198{d;. Oct. 10, P.L. 874, No. 156 §1. MS 3; r C"DO05664VO01 2!242004 10/16/2004 08:32 4124568135 the hand and seal of the Grantor. WITNESS: STATE OF ) SS: COUNTY OF ) BERNSTEIN LAW FIRM PAGE 05 Mervin C. McCommon by Harvey H. McCommon, Attorney In fart On this, the , day of .i r? , 200 , before me, the undersigned afEcet, a Notary Public, personally appeared Harvey H. McCommoa, known to we (or satisfactorily proven) to be the person whose name is subscribed to the within Deed and acknowledged that he executed the same for the purposes therein contained. NOTARY PUBLI MY COMMISSION EXPIRES: IN WITNESS WHEREOF, I hereunto set my band and official seal. roraw.?+iwi. iriMRM0 ft4G 11V%A 00G, Loomm"111010111M CAli1W it10.CUMWt1Vp ?.a?iiV gWANb;WO YTIFICATE OF ESMENCE I, S'7-cif ?(d? do hereby certify that the Grantee's principal post office address is: 1100 Wehrle Drive, Williamsville, NY 14221. WITNESS my hand this l? day of O?[?'? Cat 12 REORDER PLEASE RETURN TO: Rernotelo Law Firm, P.C. Saito 2200 Gulf Tower Pittaburgb, PA. IS219 ATTN: Foreclosure Department cA900056"VOo1 2/AH2W4 ? 'E9 ?R ? R' ? g?? r GOLDBECK McCAFFERTY & MCKEEVER BY: MICHAEL T. MCKEEVER, ESQ. ATTORNEY I.D. #56129 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 FOR PLAINTIFF M&T BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff vs. NAOMIBURGETT AND OCCUPANTS 23-30 Main Street Walnut Bottom, PA 17226 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF EJECTMENT No. 2004-5259 PRAECIPE TO CORRECT PROPERTY ADDRESS Kindly correct the docket to reflect the correct property address of 26 & 30 East Main Street Walnut Bottom, PA 17226. Respectfully submitted, GOLDBECK, McCAFFERTY & MCKEEVER By:Li Michael T. McKeever, squire Attorney for Plaintiff r? ?> ' ?.... C 7 f '..? ?', ' 1?. I ` ?1 t ' ?j.: l +.1 ? a. ? ~ ? Y CASE NO: 2004-05259 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS BURGETT NAOMI BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT CASSELL ROGER the DEFENDANT , at 1658:00 HOURS, on the 5th day of November-, 2004 at 26 EAST MAIN STREET WALNUT BOTTOM, PA 17266 ROGER CASSELL was served upon by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His 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 this n -j4'- day of w..t j_ Lpt 4 A. D. P othonotary So Answers: 7 R. Thomas Kline 11/08/2004 GOLDBECK MCC FERTY MCKEEVER By : y4; Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-05259 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS BURGETT NAOMI BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon WILSON DAWN the DEFENDANT , at 1658:00 HOURS, on the 5th day of November , 2004 at 26 E MAIN STREET WALNUT BOTTOM, PA 17266 T T T.TTT T.T T T C1 rVK7 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 nn 1 V . V V Sworn and Subscribed to before me this JL day of Iy?o .? u G? U cl A. D. rothonotary So Answers: R.( Thomas Kline 11/08/2004 GOLDBECK MCCAFFERTY MCKEEVER By: 4;?4A Deputy Sheriff SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05259 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T BANK VS BURGETT NAOMI 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 but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , NOT FOUND , as to the within named DEFENDANT , BURGETT NAOMI 26 AND 30 EAST MAIN STREET WALNUT BOTTOM, PA 17266 DEFENDANT DOES NOT LIVE AT EITHER 26 OR 30 EAST MAIN STREET WALNUT BOTTOM. Sheriff's Costs: Docketing 18.00 Service 20.72 Not Found 5.00 Surcharge 10.00 .00 53.72 So answers: R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 11/08/2004 Sworn and subscribed to before me this A(, t, day of ?l tee c? 4100 It A.D. n 1 Protdzototary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05259 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T BANK VS BURGETT NAOMI 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 OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT the within named DEFENDANT , OCCUPANT 30 EAST MAIN STREET NOT FOUND , as to WALNUT BOTTOM, PA 17266 30 EAST MAIN STREET WALNUT BOTTOM, PA IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers: . R. Thomas Kline Sheriff of Cumberland County GOLDBECK MCCAFFERTY MCKEEVER 11/08/2004 Sworn and subscribed to before me this / L day of Ip?p A. D. Proth n tart' GOLDBECK WCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-825-6319 Attorney for Plaintiff M&T BANK PO Box 840 Buffalo, NY 14240-0840 Plaintiff VS. NAOMI BURGETT and OCCUPANTS 26-30 E. MAIN ST of County No. 04-5259 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above case Discontinued and Ended upon payment of your costs only. IN THE COURT OF COMMON PLEAS JOSEPH A. GOLDBECK, JR., ESQUIRE f ff ? ? ""t v