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Home My WebLink About05-1586 GOLDBECK McCAFFERTY & McKEEVER By: 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 SUCCESSOR BY MERGER WITH ALL FIRST BANK 1100 Wehrle Drive 2nd Floor WiIliamsville, NY 14221 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CNIL ACTION - LAW Plaintiff ACTION OF EJECTMENT vs. SCOTT A. MEHRING and OCCUPANTS 1433 Simpson Ferry Road New Cumberland, P A 17070 Term No. o 5" - I sYtJ> Co, Ii ,( Defendants CIVIL ACTION: EJECTMENT NOTICE Vou have been sued ill court. If you wish to defend against the claims set forth in the following pages, you nllLSt take action within twenty (20) days after the 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. Yau are warned that if you fail to do so the case may proceed without you and a judgment may be entered ~inst you by the Court without further notice for allY money cmim in the Complaint of for any other claim or reJiefrequested by the Plaintiff. You may lose moJ1,ey 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!NC SIrvine Row, Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 A.Y..li..Q LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERE$ENTADAS, ES ABSOLUT AMENTE NECESSARIa QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE SER SERV100 CON ESTA DEMANDA Y A VISa. PARA DEFENDERSE ES NECESSARIO QUE USTED, OSV ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTa DE VISTA DE USTED Y CUALQUlER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A OEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SfN SU PARTICIPACIQN. ENTONCES, LA COUTE PUEDE, SIN NOT1FlCARJO, DEClDIR A FAVOR DEL OEMANDANTE Y REQVERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEOA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORT ANTES. LLEVE ESTA DEMANDA A UN ABOGAOO IMMEDlATEAMENTE. SI NO CONOCE A UN ABOGADQ, LLAME AL "LAWYER REFERENCE SERVICE" (SERVIC10 DE REFERENC1A DE ABOGADOS), (215) 23S-6300. LEGAL SERVICES INC Slrvine Row, Carlisle, PA 17013 717~243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, PA 17013 COMPLAINT IN EJECTMENT 1. Plaintiff is M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK, 1100 Wehrle Drive, 2nd Floor, WiIliamsville, NY 14221. 2. Defendants are SCOTT A. MEHRING, and OCCUPANTS. 3. Plaintiff is the equitable owner of premises 1433 Simpson Ferry Road, New Cumberland, P A 17070 a legal description of which is attached hereto. 4. Plaintiff became the equitable owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County on March 02, 2005. 5. Plaintiff, by virtue ofthe above, is the equitable owner of said premises, and is entitled to possession thereof. The Defendants, SCOTT A. MEHRING and OCCUPANTS, are occupying the said premises without right, and so far as the Plaintiff is informed, without claim oftitle. 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. 1 i it! . . 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 unsworn falsification to authorities. Date: .3 -1-S-CG #0009424052 - SCOTT A. MEHRING \\.. ~, \ " ~ "-LVI ".LV ';-'1 " . . SCHEDULE "A" Name: Mehring, Scott A. ALL THAT CERTAIN piece or parcel of land in the Borough of the New Cumberland, County of CUmberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Simpson Ferry Road (60 feet wide) at the dividing line beeween Lots NOB. 13 and 14 on the hereinafeer mentioned plan of lots; thence in a Northerly direction along the said dividing line 105 feet to Lot No. IS on ---said plan;- -thence - in -a- westerlydirec:tion "along-said Loe-No .- -15, -70 feet to the Easterly line of Barbara Street; thence in a southerly direction along the easterly line of Barbara Street, 90 feet to a point; thence in a southeasterly direction along a curve to the left having a radius of 15 feet, a distance of 23.56 feet to the northerly line of Simpson Perry Road; thence in an easterly direction along the northerly line of Simpson Ferry Road, 55 feet to the place of BEGINNING. Being the same premises conveyed to Scott A. Mehring by Deed recorded 10/07/93 in Liber 36-0 of Deeds at page 670. Property Address: 1433 Simpson Ferry Road New cumberland, PA Assessment Number: 26-24-0809-105 .~' .' -'- :t:._ \" ~CD1t-A. yY\eh\\05 )~ 3 ~ CV, m ?SO II ~e (If'CJ v.Q)Q~ '13 A:J V;:- - <;"' 50 jl...) {j.l -eA q 0'\ ':!\ ~ '^ 0 \0 ~ "B (\> C>Q ~ Cl ~ ~. r o (,- e ,..., ~ C"> 01 -~ 7.... ?-:J :'.) JO"" o -n -< ::C,.., nlp =-8(3 ~) L t,~t ~.J C'~-d '~~C) ~~~ n-, ~~ ~~ C? .r- 1'-' SHERIFF'S RETURN - REGULAR CASE NO: 2005-01586 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS MEHRING SCOTT A ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon MEHRING SCOTT A t e DEFENDANT at 1419:00 HOURS, on the 7th day of A ril , 2005 at 1433 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070 by handing to SCOTT MEHRING a true and attested copy of COMPLAINT - EJECTMENT together ith and at the same time directing His attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.58 .00 10.00 .00 40.58 So Answers: 1/g~~~ R. Thomas Kline 04/08/2005 GOLDBECK MCCAFFERTY MCKEEVER Sworn and Subscribed to before By, me this /1 day of ~ ';<00.)--- A.D. ~hO~ ~ . GOLDBECK McCAFFERTY & McKEEVER BY: 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 SUCCESSOR BY MERGER WITH ALL FIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 Plaintiff vs. SCOTT A. MEHRING and OCCUPANTS 1433 Simpson Ferry Road New Cumberland, P A 17070 Defendants IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF EJECTMENT Term No. 05-1586 PRAECIPE FOR JUDGMENT IN EJECTMENT Kindly enter Judgment in Ejectment in favor of the Plaintiff, M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK and against the Defendants SCOTT A. MEHRING and OCCUPANTS for failure to file an Answer in the above action within (20) days of service. I HEREBY CERTIFY THAT ACCORDING TO rule 237.1, written 10 day notice of Plaintiffs intention to file a Praecipe for Entry of Default Judgment was mailed to Defendants, a true and correct copy of which is attached hereto. I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK, 1100 Wehrle Drive, 2nd Floor, Williamsville, NY 14221 and that the name(s) and last known address(es) of the Defendants is/are SCOTT A. MEHRING and OCCUPANTS 1433 Simpson Ferry Road, New Cumberland, PA 17070. GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY 1.0. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAUNTWF M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF EJECTMENT vs. SCOTT A. MEHRING and OCCUPANTS 1433 Simpson Ferry Road New Cumberland, P A 17070 Term No. 05-1586 Defendants DATE OF THIS NOTICE: April 28, 2005 TO: OCCUPANTS 1433 Simpson Ferry Road New Cumberland, P A 17070 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGIITS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. W YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. W YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERV1CES INe 8 Irvine Row Carlis!e,PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avc[lue Carl1slt,PA 11013 fJIt~ GOLDBECK M,CAFFERTY & M,KEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEYI.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF EJECTMENT vs. Term No. 05-1586 SCOIT A. MEHRING and OCCUPANTS 1433 Simpson Ferry Road New Cumberland, P A 17070 Defendants DATE OF THIS NOTICE: April 28, 2005 TO: SCOIT A. MEHRING 1433 Simpson Ferry Road New Cumberland, P A 17070 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AITORNEY AND FILE IN WRITING WITH TIlE COURT YOUR DEFENSES OR OBJECTIONS TO TIlE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM TIlE DATE OF THIS NOTICE, A ruDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIlER IMPORTANT RIGHTS. YOU SHOULD TAKE TIIIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES TNC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlis!e,PA 17013 ?"~ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A Goldbeck, Jr., Esq. Attorney for Plaintiff 4 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, SCOTT A. MEHRING, is about unknown years of age, that Defendant's last known residence is 1433 Simpson Ferry Road New Cumberland, PA 17070, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. ,..- \\ \ \ p'" Date: :) \~ 0 ~ t ~ ~ -"l.. ,...., -:0 = 0 ~;::) -T\ \l 0 cf' -' ::r. :t-n 0 ~ rns:~. f - 90 ~~,.( -o~: r - ~~x~), >-.J ~ '" y.l .- ~ ..() ~ r <,~ ~~~ t ...c::. - ';,rn tr -.:J: E C;? ~ ," ~ ',.0 --L. v' ,...(. .. 'C.P. 109 - P Praecipe for Writ of Possession (ACTION OF EJECTMENT) THE COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK 1100 Webr]e Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY Plaintiff 05-1586 vs. SCOTT A. MEHRlNG and OCCUPANTS 1433 Simpson Ferry Road New Cumberland,PA 17070 Defendants PRAECIPE FOR WRIT POSSESSION TO THE PROTHONOTARY: Issue the Writ of Possession in the above matter, for possession of (describe property) SEE ATTACHED LEGAL DESCRlPTION GOLD cCAFFERTY & BY: Jos h A. Goldbeck, JT. Attome for Plaintiff Ejectment Quiet Title A. 5 ~ ]]6 (Rev. 10/76) -~--~------- -------------~-- -~--------- 't::J .....\11 v..v " J; ......,. SCHBIltJLl!l "A" Name: Mehring, Scott A. ALL THAT CERTAIN piece or parcel of land in the Borough of the New CumberlanQ, County of CUmberland and Commonwealth of Pennsylvania, more particularly bounded and deScribed as follows, to wit: BEGINNING at a. point on the Northerly line of Simpson Ferry Road (60 feet wide) at the dividing line between Lots NaB. 13 and 14 on the hereinafter mentioned plan of lots; thence in a Northerly direction along the said dividing line 105 feet to Lot No. 15 on -'saidplan,.- 'thence'in"a" westerly 'direction 'a;longsaid Lot'''No;'1S; "70'" . feet to the Easterly line of Barbara Street; thence ina southerly direction along the easterly line of Barbara Street, 90 feet to a point; thence in a southeasterly direction along a curve to the left havidg a radius of 15 feet, a distance of 23;56 feet to the northerly line of Simpson Ferry Road; thence in an easterly direction along the northerly line of Simpson Ferry Road, 55 feet to the pl~ceof BEGINNING. Being the same premises conveyed to Scott A. Mehring by Deed recorded 10/07/93 in Liber 36-0 of Deeds at page 670. Property Address: 1433 Simpson Ferry Road New Cumberland, ~A '" Assessment Number: 26-24-0809-105 'Y rr~i ~ .... . le:'~'\ ~, <5eo-H-A. rr\ehfl05 )~ 3~ CV, m ?SOn fe ~lJ V-Q)Q~ :!'l. '1:' .. .e ~e l l,,';~." "I n '."!': ~ ? ~ -f- P ~ ~ "-- ~ b 7l ~ tn. 1: -- ~ C> ..() V) 0 <It - - ~ \) D C "l V) 0 ;U t; )..J ""0 'V (> "" C) ~ \) , ...0 -D I , p~ V) "-J .t::.. f? - ~ ()v -....J ::: ~ - '4-::() VI ~ VI - - - 0- 0- If ~ l r-:> c;:::I 0 ~;; -n - ::::! ~~~ ~'J -/ .,---' -"-. N c:) ~:~. ~~~ ,,) ^.~;'! :1.1 =-< (.,o) .. - WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) M&T BlINK SUCCESs::JR BY MERGER WITH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-1586 CIVIL Term No. Term Costs Att'y. $ 120.08 PJ'ff (s) $ Prothy. $ 1.00 ALL FIRST BlINK SCO'IT A. MEHRING AND OCCUPANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of r.llMRFRT ,AN!) County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: M&T BlINK SUCCESs:lR BY MERGER WITH ALL FIRST BlINK Plaintiff (s) being: (Premises as follows): 1433 SIMPs:lN FERRY ROAD NEW CUMBERLAND, PA 17070 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. CURTIS R. LONG Prothonotary, Common Pleas Court of Cumberland County. Pennsylvania Date MAY 12. 2005 (SEAL) :-<::: :i1!25gj8 c.., OU1 '"".....H8;J>~ :~!I~~ ~ ~ '" I Olr' 07': '" ~ 1-'''''''''' "gtj 0 <...c::: ~ i:3~~ o~-" "'?~~9~8 i ~ ~ ~ 5' ~ I~ ~~~~ till>' en '0 ~c.., c. ~~ :0 !! ~ :0 8 IBy Virt: of this writ, on the I caused the within named have possession of the premises described with the appurtenances, and . ;J> C. 0. .., '" en en ~ i ~ ~ ::!. g:. -- ':< ~ ':< ~. n o :c en ~~ ?O::e n- . .., ~o ...."l -~ ="0 '?'JJ ....'JJ ~~ 0l'JJ t'lr!: ..,0 (')2: ~ ;J> ~ i:l ~ ~ ~ ~ en '" en ;:1~ :0>-3 ~~ igJ ~ en ~ ~ ~ ~ :0 :;; H ~ ;J> t"' t"' ("l_ C2: 3:.., 1:I:l:I: t'lt'l ::e("l r-<O >C 2:::e 0.., ("l0 O"l C("l ?io .-< 3: ~3: t'l0 2:2: 2:~ 'JJr-< -<t'l ~> >'JJ 2:0 -"l > z Z ? ? 'V7f77-E:A--f;A ..... N ..... 0 . . o 0 o co day of o U1 I ..... U1 00 a- n ~ H t"' ;;l ;:;' .., .., 3 3 , to Sworn and subscribed to before me this day of So Answers, Prothonotary By Sheriff Deputy , GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. AttomeyI.D.#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney LD.#82628 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. SCOTT A. MEHRING and OCCUPANTS 1433 S impson Ferry Road New Cumberland, PA 17070 No. 05-1586 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the legal owner of the premises 1433 Simpson Ferry Road, New Cumberland, P A, 17070 pursuant to a deed from the Sheriff of Cumberland County. 2. Plaintiff filed a Complaint in Ejectment on March 24, 2005 3. Sheriff has been unable to effect service of the Complaint upon Defendants despite numerous attempts and despite the fact that Plaintiff's inspection of the premises indicates it is occupied. 4. As this is an action for possession, further investigation is unnecessary. 5. Defendants have no right, title or interest in the premises, 1433 Simpson Ferry Road, New Cumberland, PA, 17070. Plaintiff believes and therefore avers that Defendants are deliberately avoiding service. 6. Plaintiffs inability to affect personal service upon Defendants has deprived, and continues to deprive Plaintiff of the use and enjoyment of which it is the lawful owner. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the ComplaintlWrit upon Defendants by posting the premises and certified and regular mail to the Defendants' last known address. (r~::=-- .. ~-? BY: David iI. Fein, Esq. < GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney LD.#16132 Suite 5000 - MeJlon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney LD.#82628 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK II 00 Wehrle Drive 2nd Floor WiIliamsville, NY 14221 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. No. 05-1586 SCOTT A. MEHRING and OCCUPANTS 1433 Simpson Ferry Road New Cumberland, P A 17070 VERIFICATION I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service 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 unsworn falsification to authorities. C~...... .'.'. ./--' .~,=~ ~ BY: David B?Fein, Esq. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627 -1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK 11 00 Wehrle Drive 2nd Floor Williamsville, NY 14221" IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. SCOTT A. MEHRING and OCCUPANTS 1433 Simpson Feny Road New Cumberland, P A 17070 Term No. 05-1586 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER PaoRoCoPo 430(a) Plaintiff has filed a Complaint in Ejectment, against Defendants which the Sheriff has been unable to personally serve upon Defendants. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendants's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Ejectment upon Defendants by posting the premises and certified mail and regular mail to the Defendants' last known address. Respectfully submitted, ,~~ DavM B. Fein, sq. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney LD.#16132 Suite 5000 - Mellon lndependence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney LD.#82628 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK 1100 Wehrle Drive 2nd Floor Wilhamsville, NY 14221 IN THE COURT OF COMMON PLEAS of Cumberland County vs. No. 05-1586 SCOTT A. MEHRING and OCCUPANTS 1433 Simpson Ferry Road New Cumberland, PAl 7070 CERTIFICATE OF SERVICE David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendants this 2'd day of June, 2005, by first class mail, postage prepaid. ~, "- BY: David B. Fein, Esq. (") ,." Q, = C" = "" ~..,., "',::; I ~ ~, ,- lY:; C: '''f ;/, ~ -0 n , \ :o'b u-~, 0:> .~{ ~<~ t', ,,' -"{> -0 .:--("\ (,,-:=::: ::1: ,"C-A ~p.~"- f';? c:} -~ ~ N ~ \P ., RECEIVED JUN 09 2005pr1 GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR Attorney LD.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney 1.D.#82628 Attorney for Plaintiff M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. SCOTT A MEHRING and OCCUPANTS 1433 Simpson Ferry Road New Cumberland, PA 17070 No. 05-1586 ORDER AND NOW, this '''' day ~ ~005, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.RC.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendants has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Ejectment upon Defendants by posting a copy of the Complaint upon the premises 1433 Simpson Ferry Road, New Cumberland, PA, 17070, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendants' last known address at 1433 Simpson Ferry Road, New Cumberland, PA, 17070, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendants' last known address and that Writ of Possession pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants by sen~~g~le;;;ysame to Defendants' last ~~ V" ~/tp .\ 0\9 known address by certified and regular mail and by posting the premises. BY THE OOl!RT. / "~l/" -~----"'~ >- cr- ~ L,l.,!<;:;: <....~...:.-. ,-0 ,i-~r tV:: @o. 0" 0.: -' w:W rf l5 ...:r :c oa; -:j" z ;;:j -, ...,., = = ....... - . ~. . C.P.I09-P Praecipe for Writ of Possession (ACTION OF EJECTMENT) THE COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS OFCumoorlandCOUNTY Plaintiff 05-1586 vs. SCOTT A. MEHRING and OCCUPANTS 1433 Simpson Ferry Road New Cumberland,PA 17070 Defendants REISSUE PRAECIPE FOR WRIT POSSESSION TO THE PROTHONOTARY: Issue the Writ of Possession in the above matter, for possession of (describe property) SEE ATTACHED LEGAL DESCRIPTION cKEEVER Ejectment Quiet Title A. 5 - 116 (Rev. 10/76) .-:> = -= ~-" S:: ~- -" ""..... - -J ~ .,.j :1- 4' rn~, -r,j~\ ")'f (:;:"0 ~~ ~3 f& - - (j'\ s:- ';," RECEIVED JUN 09 200ir GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attomey 1.0.#16132 Suite 5000 . Mellon Independence Center 701 Market Street Philadelphia, PA 19106.1532 215.627.1322 BY: David B. Fein, Esq. Attorney 1.0.#82628 Attorney for Plaintiff AttORNEY COPY M& T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY vs. SCOTT A. MEHRING and OCCUPANTS 1433 Simpson Ferry Road New Cumber1and, PA 17070 No. 05.1586 ORDER AND NOW, this I t./ day aJUJJ1-005, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendants has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Ejectment upon Defendants by posting a copy of the Complaint upon the premises 1433 Simpson Ferry Road, New Cumberland, PA, 17070, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendants' last known address at 1433 Simpson Ferry Road, New Cumberland, PA, 17070, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and reguiar mali to Defendants' last known address and that Writ of Possession pursuant to Pennsyivania Rule of Civil Procedure 3129 may be made upon Defendants by sending copies of same to Defendants' last known address by certified and regular mail and by posting the premises. BY THE COURT: - "" <fJ '" .... , '" r~ \-,',Z ~ co ~ I-" ~ ,..l \4 ':2 ~ ~ ~~ ~ ~~ ~ 00 \:) ww ~ .;. ~l ~ :- ~ ~ ~" CO ~1 ~ of, ?h w"" rfl ~ e \-' u ~ ~ ~ CO ~ ~ <:; ~B \:) 3';: ~rfl"'<. ~~i~ ~.~ ~~ <. u %'''' \;:~'<Ii % o ~"'U U "'~ rfl "''' ....',Z ~ ~ rfl ~~ rflO <;!a~ ~~ '@ ~ ~ 8 ~ ';;> ~~ ~'a u " 'COw -g ;Co <<U ~...-. .;~~~~ ~~~<.~ ~Q~~r- I-" o...l'l . N ~~ a.%.~ u.s~'t;~ u~~~~ ~~r-;'::' .~ p ;,t."" p.. ~g ~'" ~~ g'~ - f.....:::i n ~; ...., = "", C~ o ..,., :i!...,., rl1r- -nm Tlq r~~(~; f{~~~ 1.....) .-rl -~ ~;:J -< ~- c= -"- -.l :::.~ U1 ....- li..J~ ~~ ~~ ~~' ~" ~' ~'i' /1 &j/7/0S- j~_~~ lu,V-Io/ a~ ~{)~/~ a~. ilL.! e.3~ === [lJ1".. ~ g J> (fJ "'" "'" ~ 0- "" ! :::i (")..... (> ~ ~ "1~ 9:- ~ ~ '7": ~Z (> ~ ~ H0-3 =:..., '" ~~ '" t:=% r t"Jt"J ~~;3~8 c.. :'\'l~ ~~ ~(") f:lO''''~8~~ id~ \ >0 Rl~' ~g\j\ z~ -><<:Ijij V1~"'-" 0"" ~~ '1 o~(> :'\'lg (")0 \-' 0 ~ '< :P' ~ 0",\ ~ ~i9 ~'8 (") ~~ ~ '" ~(") 0 '" "'0 'f' ~ Zo ~ ~rJj ,~~i~! '" ...,=: "'''' l l ~ ....t"J "'''' ~=: ~ H~-' \Jl", ~ e ~ ~ . t"J..... zO tt1J:Z" ,'lJ ...,0 zZ ~ \r~ V> V> V> V> 0Z (Jl ~ "''tS \ \~ \ , -<t"J ~> ~ >'" zO l m ....."'\ > ~y virtue of this writ, on the_ day of _ I caused the within named have possession of the premises described with the appurtenances, and z Z ? ? 0 V1 1 \-' V1 C1J '" ('l !<! H t-< <2 <2 ~ ~ \ \ , to ~ ~ (11:1 0 E I .'Vii sUJZ :1.:1\ d~:::;!~; :: 1....;".:1: So Answers, .,.,"- . ~ Sheriff Sworn and subscribed to before me this day of _ Deputy By _ ~ Prothonotary WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) M&T BANK SUCCESSOR BY MERGER WITH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-1586 CIVIL Term No. Term Costs Att'y. $ 120.08 Pl'ff (s) $ Prothy. $ 1.00 ALL FIRST BANK SCO'IT A. MEHRING AND OCCUPANI'S COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of r!lMRF.RT./lNn County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK Plaintiff (s) being: (Premises as follows): 1433 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell hislher (or their) interest therein. (SEAL) CURI'IS R. LONG Prothonotary. Common Pleas Court of Cumberland County. Pennsylvania -.BY' --A 0_ 0 . P I12m/2./p",~ Deputy Date MAY 12. 2005 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK 1100 Wehrle Drive 2nd Floor Williamsville, NY 14221 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW vs. EJECTMENT SCOTT A. MEHRING & OCCUPANTS 1433 Simpson Ferry Road New Cumberland, P A 17070 Term No. 05-1586 Defendant(s) CERTIFICATE OF SERVICE JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on JUn e 2.6, 2005 he did serve upon Defendant(s) SCOTT A. MEHRING and OCCUPANTS a true and correct copy ofthe above-captioned Writ of Possession by certified and regular mail in accordance with the Court Order dated June 14,2005. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, GOLDBECK McCAFFERTY & McKEE ER BY: JOSEPH A. GOLDBECK, JR. ESQUIRE n f.: -~ '" ;5 c-" ~-=; o -1 =j=! rn:D r- -r'"' r.-: .-cd .'''! r (;,~ c5rr: .'--1 J>.. ::-..0 +...;'';: :- ~ ,,> W CJ ::3: '),' .r.- U) WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) M&T BANK SUCCESSOR BY MERGER WITH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-1586 CIVIL Term No. Term Costs Att'y. $ 120.08 PI'ff (s) $ Prothy. $ 1.00 ALL FIRST BANK SCCYIT A. MEHRING AND OCCUPANI'S COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of rTlMRF.RT .AND County, Pennsylvania (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: M&T BANK SUCCESSOR BY MERGER WITH ALL FIRST BANK Plaintiff (s) being: (Premises as follows): 1433 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell hislher (or their) interest therein, CURTIS R. LONG Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania (SEAL) ..By A,,~ d - P 7fOZ/?/V'-'~ . Deputy Date MAY 12, 2005 /~ WAJ"/ t~MHf~ ~LL-O ~,~ C?~. ~. . ~~ G/I1/0s-'. ~,. ~: /1j'l f? " ~,d.; c-.:-.:::::..~ 11&", ~ ~ ;p- C/:) '"tl '"tl ~ 0- '" '"' ...., 0- " 0 ...., '"' 5' ~ ':'< '"' 6-i '" " ':'< '" ~ r.r.' :-'~ ~cn!J8 i ;=::;; CJUl ""1-'>-<8;P- ?=::e ~~lf~~ g ("'l- ~I'J ~ ~ . ..., ~!--> 0 '-< :l>' ;=0 kj~, oM--+' . n w'" '" ~ ~ 9 ~ ~ 0 -'tl ;!:. "'0 '" Ell t-' ~ '"tl '" ?CfJ. ,~~ 5 WCfJ. ~ -t'tl ~ ~~ ~ "'CfJ. <JlCfJ. ~ i~2 t'tl- c... ...,0 ;0 V> V> V> V> 0Z I-' !~ '" t>J I-' 0 8 . . 0 0 ~~ 0 00 >-< Ell :<lBy virtue of this writ, on the 1st day of .Ill] Y I caused the within named M & T Bank, et. al. have possession of the premises described ~ixlxN1~XilOR~Ii~X<mQ z z co 0 0 Ul I I-' Ul 00 a- n >-< ~ t-' ~ ;:1~ ("'l_ ~Z ~'" ~..., ~::I: :l>' ~: t'tlt'tl . ::e("'l ~ t""o .,.~ ~ Z::e 0..., ~ ~ ("'lo ~ 0." <: ~("'l C/. ~ ~o 8 ijj .-< ~ 8 'tl~ ~ ~ t'tlo Zz ~ z'tl Ul ::;; CfJ.t"" >-< -<t'tl :e t"".,. :l>' ~CfJ. b zo -." .,. [ !f ~ :3 ?Oo~ , to 1433 5impaon F~rry ~gad Npw c'l1mhprl"nrl, Ptl 17070 Sheriff 1 S Docket; nt Poundage Pro thy Pnc,sps.::;;nn Surcharge Milage Postine Return 111 00 2.06 1.00 30 no 20.00(11:1 CJ E! .":; r;UZ 27.72 h on" I f",_"" 104.78-,:d 11'-' Sworn and subscribed to before me this .r - day of q<~( ~~ ' . h ~;~j,~~ Prothonotary , Advance Costs: 350.00 Sheriff's CostsllO~.78 245.22 Refunded to Atty on 7/6/05 S~~ en Sheriff () ~ By Y Q if d..t.'~ f<,/NLu)b~ \ <.,0 ):,fL ,,;04S:4 . iGu... . /(,-<.0 1