HomeMy WebLinkAbout02-52531N THE 'COURT OF COMMON PLEAS OF CUMBERLAND coUNTy, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff :
V.
. · IN DIVORCE
Defendant :
Civil Term
NOTICE TO DEFEND AND CLAIM RIGHTS
YOUI-IA VE BEENSUED IN COURT. If you wish to defend against the clain~s set forth'
in the following pages, you must take prompt action.
You are warned that if you fail to do so, the ease may proceed without you and a decree
of divorce or armulment may be entered against you by the Court. A judgment may also be
entered against you/'or any other claim or relief requested in these papers by the Plaintiff. You
may lose money or property or other tights important to you, including custody or visitation of
your children.
When the ground for divorce is indignities or izretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE TIlE RIGHT TO CLAIM ANY OF THEM[.
YOU SHOULD TAKE THIS PAPER TO YOUR LAVOdER 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 17013
....... (717) 24%3166
Ee han demandado a usted a la cone. Si usted quiere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al portir de la fecha de la
demanda y la notificacion. Usted debe presentor una aparicncia escrita o en persona o pot
abogado y archivar en la corte en forma escrita sus defansas o sus objeciones a las demandas en
contra suya.
Se has avisado que si usted no se defienda, la corte tomara medidas y puede entrar una
orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en
la peticion do demanda. USTED PUEDE PERDER DINERO O PROPIENDADES O OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI US'lED NO
TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A
LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the Court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business
before the Court. You must attend the scheduled Conference or Hearing.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002-
:
: CIVIL ACTION - LAW
:
: IN DIVORCE
COM~PLAINT UNDER §3301(c) or (d) OF THE DP/ORCE CODE
~eOo_.~'l~ ,ltd '[~c~:C~ , who c~entlyresides at
Plainfiffis
Cmberland Count, Pe~sylvma.
Defend~t is ~o~miha~ Cha es ula . who cun-ently resides at
Plabfiff has been a bona fide resident of ~e Co~onweal~ of Pe~sylvma for at
least ~e six months phor to ~e filbg of~is Complaint.
Plabtiff ~d Defend~t were m~ed on ~a ~ 3~, J¢8~ at
~e manage is ~e~evably broken, and ~e paffies sep~ated on
There have been no prior actions of divorce or ~u~ent be~een the p~ties.
Plaintiff, to ~e best of ~s~er ~owledg~ ~d belief, avers ~at defendant ~s not in the
~lit~ semite of~e United States of ~erica, but is in fact livin!~ at the ad.ess
~ven in Paragraph 2 above.
8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have
the right to request that the Court require the parties participate in counseling.
WHEREFORE, Plaintiffrequests the Court to enter a Decree of Divorce.
Date Plaintiff, ?r~,,~e (J
Ij~ 3D ~/.~ ~t)~0 , verify that the statements made in this Complaint
I,
are true and correct to the best of my knowledge, information, and belief. I understand that false
statements made herein are subject to the penalties for unswom falsification to authorities as
provided in 18 Pa. C.S. §4904.
Date Plaintiff
Assisted by:
MIDPENN LEGAL SERVICES
PRO SE DIVORCE CLINIC
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
Plaintiff
vi.
Defendant :
: IN THE COURT OF COIVIMON PLEAS OF
: CUMBERLAND COUNTY, PENNSTLVANIA
:
: NO. 2002-
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE TO DEFENDANT
If you wish to deny any of the statements set forth in this affidavit, you must file a
counter affidavit within twenty days after this affidavit has been served on you or the statements
will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER
§3301 (d) OF THE DIVORCE CODE
1. The parties to tiffs action separated on [2 e g..a 3, /99 7
live separate and apart for a pefiod of two years.
and continued to
2. The marriage is irretrievably broken.
3. I understand that I may lose fights concerning alimony, d/vis/on of marital property,
1 '
awyer s fees, or expenses ifI do not claim them before a Divorce is granted.
I, ~O~rl~ do "~.~;~Dk~ , vefifY that the statements made in th/s Affidavit are
tree and correct to the best of my knowledge, information, and belief. I understand that false
statements made herein are subject to the penalties for unsworn falsification to authorities as
provided in 18 P.S. Section 4904.
Date Plaintiff, Pro Sle/ kJ
SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETUI~',/TO THE
PROTHONOTARY'S OFFICE
Plaintiff
vii.
Defendant :
: IN TX COURT OF CO.nYlON PLEAS OF
! CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002- 5',~ 5-3
:
CIVIL ACTION - LAW
IN DIVORCE
PETITION TO PROCEED IN FORMA P-__AUPE_RI8
The Petitioner, ~ ~L~ (~ '~3 , is the Plaintiffin this action.
her behalf, I, Joan Carey, attorney fo~' l~idpenn Legal Services, do hereby certify that the On
Petitioner is indigent according to the poverty guidelines of MidPenn Legal Services. MidPerm
?gal S. ervices is assisting the Petitioner in filing a divorce case ro se ' · ,
F~nanmal Affidavit showing, i m,,., ...... ,_ ....... P . The Petitioner s
,, nab,,~,j ,,~ pay me costs o~nugat~on is attached hereto Petitioner
requests leave to proceed without payment of fees or costs.
Pro Se Divorce Clinic
8 h-vine Row
Carlisle, PA 17013
VS.
Defendants
IN THE COURT OF COlviMON PLEAS OF
: CUAIB~ COUNTY, PBNNSYLVANLA
:
: NO. CIV]I, TER/Vl
;
:
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCIR,1R, D IN FORMA PAUI~ERi8
1. I am the 'P~cci,~4;i P~in the above matter and because of my financial condition am unable to pay
the fees and costs of prosecuting, defending, or appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of
litigation.
3. I represent that the information below relating to my ability to pay the tees and costs is true and
correct.
(b) Social Security Number:
If you are presently employed, state
Employer:
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment:
Salami or wages per month:
Type of work:
(c) Other income within the past twelve months
Business or profession: AIR
Other serf-employment:
Interest: N~
Dividends:
Pension and annuities: ~]/~
Social Security benefits: ~ ~,(~(~
Support payments: /qo~ ~
Disability payments: N ~
Unemployment compensation and t~
supplemental benefits:
Workman's compensation: ]~ ~
Public Assistance: 1~ ~
Other: /~ ~
(d) Other contributions to household support
(Wife) (I-Iusband) Name:
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash:
Checking Account:
Savings Account:
Certificates of Deposit: ~](~
Real Estate (including home):
Motor vehicle: Make ~-o~d Year
Cost ~l ~D() Amount owed
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent: ~/SD.0d) JOqD
Loans:
Month/y Expenses: ,~)
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: ~t~ ~e~n~,o~ '-~a~_0~ Age: 1'-/
4. I understand that I have a continuing obligation to inform the court of improvement in my
financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to
authorities.
Date:3~~
In the Court of Common Pleas of Cumberland County
CITICORP TRUST BANK FSB F/K/A TRAVELERS BANK &
TRUST CO.
7467 New Ridge Road
Suite 222
Hanover, MD 21076
VS.
WENDELL C. BIGGS
(Mortgagor(s) and Record Owner(s))
222 E. Main Street
Shiremanstown, PA 17011
Plaintiff
Defendant(s)
No. 02-5233 CIVIL TERM
PRAECIPE FOR JUDGMENT
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.
Enter the Judgment in favor of Plaintiff and against WENDELL C. BIGGS by default for want of an Answer.
Assess damages as follows:
Debt $67,092.98
Interest - 05/18/2002 to 12/19/2002
Total
(Assessment of Damages attached)
I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO
BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT.
I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment
is to be entered and to his attorney of record, if any, after the default occurred and ~leajt t~xen ~,ab~. prior to the date of the
filing of this praecipe. A copy of the notice is attached. R.C.p. 237.1 ( ~db~ck, ¢
Joseph A.
Attorney Plaintiff
I.... ~A_N_D_NOW ~ ~ ~,, , t:~ ~I~' #161 ,Judgment is entered in favor of
~tw~Ca'n~ o~ aTnRAUn.Sq~.~A~NKn~F~S ~B~/IC~/__A_ T1L~, .VE.,LERS BA~ ~N.K_ &~T_R_U_ ST CO. and. against WENDELL C. BIG by default
· ~,~,~, m,u u,unag~ assessea m me sum OI:b07,092.98 as per the adore certification. L~
Prothonotary ~ _ . - ~.~
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
CITICORP TRUST BANK FSB F/K/A TRAVELERS
BANK & TRUST CO.
7467 New Ridge Road
Suite 222
Hanover, MD 21076
Plaintiff
VS.
WENDELL C. BIGGS
(Mortgagor(s) and Record owner(s))
222 E. Main Street
Shiremanstown, PA 17011
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
No. 02-5233 CIVIL TERM
ORDER FOR JUDGMENT
Please enter Judgment in favor of CITICORP TRUST BANK FSB F/K/A TRAVELERS BANK &
TRUST CO., and against WENDELL C. BIGGS for failure to file an Answer in the above action within (20)
days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in
the sum of $67,092.98. Joseph A(~/~~_Jr.~
Attorney for Vlaintiff
I hereby certify that the above names are correct and that the precise residence address of the judgment
creditor is CITICORP TRUST BANK FSB F/K/A TRAVELERS BANK & TRUST CO. 7467 New Ridge Road
Suite 222 Hanover, MD 21076 and that the name(s) and last known address(es) of the Defendant(s) is/are
WENDELL C. BIGGS, 222 E. Main Street Shiremanstown, PA 17011;
GOLDB~K McC~RTY & McKEEVER
BY: Jos~gph A. GoldlSe&k, Jr.
Attorney for Plaintiff
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly assess the damages in this case to be as follows:
Principal Balance
Interest from 05/18/2002 through
12/19/2002
$59,111.55
$3,956.OO
Attorney's Fee at 5.0000% of principal
balance
$2,955.58
Late Charges
$206.22
Costs of Suit and Title Search
$750.00
Other Interest Charges $18.63
Appraisals $95.00
$67,092.98
GOLDBECK ~'~cCAF~Tp/& McKEEVER
BY: Joseph Al]Goldbeclff, J~.
Attorney for Plaintiff !
ANDNOW, this R~"~'dayof ~.-C...--,2002 damages are assessed as above.
Pro Prothy
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, WENDELL C. BIGGS, is
about unknown years of age, that Defendant's last known residence
is 222 E. Main Street, Shiremanstown, PA 17011, 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
Date:
Amendm~
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.
DATE OF THIS NOTICE: December 6, 2002
TO:
WENDELL C. BIGGS
222 E. Main Street
Shiremanstown, PA 17011
CITICORP TRUST BANK FSB F/K/A TRAVELERS BANK &
TRUST CO.
7467 New Ridge Road
Suite 222
Hanover, MD 21076
VS.
WENDELL C. BIGGS
(Mortgagor(s) and
Record Owner(s))
222 E. Main Street
Shiremanstown, PA 17011
Plaintiff
Defendant(s)
In the Court of
Common Pleas
of Cumberland County
CIVIL ACTION - LAW
Action of
Mortgage Foreclosure
Term
No. 02-5233 CIVIL TERM
TO: WENDELL C. BIGGS
222 E. Main Street
Shiremanstown, PA 17011
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 RIGHTS. YOU SHOULD
TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 lrvlne Row
Carlisle, PA 17013
7 ! 7-243-9400
GO~j~rc [~I~IkAFFER'I~'n~gIKE EVER
B~,~seph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106 215-627-1322
Rule of Civil Procedure No. 236 - Revised
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CITICORP TRUST BANK FSB F/K/A TRAVELERS BANK & TRUST CO.
7467 New Ridge Road
Suite 222
Hanover, MD 21076
Plaintiff
VS.
No. 02-5233 CIVIL TERM
WENDELL C. BIGGS
(Mortgagors and Record Owner(s))
222 E. Main Street
Shiremanstown, PA 17011
Defendant(s)
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.
NOTICE
Notice is given that a judgment in the above-captioned matter has been entered against you.
Curt Long
Deputy
If you have any questions concerning the above, please contact:
Joseph A. Goldbeck, Jr.
Goldbeck McCafferty & McKeever
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183
Joseph A. Goldbeck, Jr.
Attorney I.D. # 16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
CITICORP TRUST BANK FSB F/K/A TRAVELERS
BANK & TRUST CO.
7467 New Ridge Road
Suite 222
Hanover, MD 21076
VS.
WENDELL C. BIGGS
Mortgagor(s) and Record Owner(s)
222 E. Main Street
Shiremanstown, PA 17011
Plaintiff
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 02-5233 CIVIL TERM
TO THE PROTHONOTARY:
PRAECIPE FOR WRIT OF EXECUTION
Issue Writ of Execution in the above matter:
Amount Due
Interest from
05/18/2002 to
12/I 9/2002 at
11.3600%
(Costs to be added)
$67,092.98
Attorney for Plaintiff
McKEEVER
ALL THAT CERTAIN HOUSE AND LOT OF LAND SITUATE IN THE BOROUGH OF
SHiREMANSTOWN, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A pOINT ON THE sOUTHERN STREET LINE OF EAST MAIN STREET,
cORNER OF LAND OF DAISY WENTZ; THENCE ALONG SAID SOUTHERN STREET
LINE OF EAST MAIN STREET IN AN EASTWARDLY DIRECTION TWENTY AND TWO-
TENTHS (20.2) FEET TO A pOINT; THENCE ALONG THE LINE OF OTHER LANDS OF
JOHN E. CARBAUGH AND FRANCES E. CARBAUGH, HIS WIFE, OF WHICH THIS WAS
A pART, AND THROUGH THE pARTiTION WALL OF THE DWELLING ERECTED ON
y ADJACENT ON THE EAST, AND BEYOND, IN A
OT IMMEDIATEL ..... ,--or~ EAST ONE HUNDRED SIXTY-ONE
T
AND SEVEN-TENTHS (161.7) FEET TO A POINT MARKED BY
NORTHERN LINE OF CORTLAND ALLEY IN A WESTWARDLY DIRECTION TWENTY
(20) FEET TO A PIPE; THENCE ALONG THE LINE OF LAND OF DAISY WENTZ,
NORTH 2 DEGREES ONE HUNDRED
AFORESAID, IN A NORTHWARDLY DIRECTION THE SOUTHERN LINE
SIXTY ONE AND SEVEN-TENTHS (161.7) FEET TO A pOINT ON
OF EAST MAIN STREET, THE pOINT AND PLACE OF BEGINNING-
HAVING ERECTED THEREON THE WESTERN ONE-HALF OF A DOUBLE, TWO AND
ONE-HALF (2 V2) STORY, FRAME DWELLING HOUSE, KNOWN AND NUMBERED AS
222 EAST MAIN STREET, SHIREMANSTOWN, PENNSYLVANIA-
iMPROVEMENTS consist of a residential dwelling.
BEING PREMISES: 222 E. Main Street
shiremanstown, PA 17011
SOLD as the property of WENDELL C. BIGGS
TAX PARCEL #37-23-0555-211
Goldbeck McCafferty & McKeever
BY: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
CITICORP TRUST BANK FSB F/K/A TRAVELERS
BANK & TRUST CO.
7467 New Ridge Road
Suite 222
Hanover, MD 21076
VS.
WENDELL C. BIGGS
(Mortgagor(s) and Record Owner(s))
222 E. Main Street
Shiremanstown, PA 1701 !
Plaintiff
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 02-5233 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
CITICORP TRUST BANK FSB F/KJA TRAVELERS BANK & TRUST CO., Plaintiffin the above action, by its
attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the
following information concerning the real property located at:
222 E. Main Street
Shiremanstown, PA 17011
1.Name and address of Owner(s) or Reputed Owner(s):
WENDELL C. BIGGS
222 E. Main Street
Shiremanstown, PA 17011
2. Name and address of Defendant(s) in the judgment:
WENDELL C. BIGGS
222 E. Main Street
Shiremanstown, PA 17011
3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold:
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
5. Name and address of every other person who has any record interest in or record lien on the property and whose interest
may be affected by the sale:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which
may be affected by the sale.
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities.
DATED: December 19, 2002
ox.o Ec : c FEqV/ cr EVEU
BY: Joseph A. Gd~lbeck, ~r.,/Esq.
Attorney for Plaintiff
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
CITICORP TRUST BANK FSB F/K/A
TRAVELERS BANK & TRUST CO.
7467 New Ridge Road
Suite 222
Hanover, MD 21076
vs.
WENDELL C. BIGGS
Mortgagor(s) and Record Owner(s)
222 E. Main Street
Shiremanstown, PA 17011
Plaintiff
02-5233 CIVIL TERM
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Term
No. 02-5233 CIVIL TERM
Defendant(s
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANy INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
TO:
NOTICE OF SHER/FF,S SALE OF REAL PROPERTY
BIGGS, WENDELL C.
WBNDELL C. BIGGS
222 E. Main Street
Shiremanstown, PA 17011
Your house at 222 E. Main Street, Shiremanstown, PA 17011 is scheduled to be sold at Sheriff's
Sale on Wednesday, June 1 I, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to
enforce the court judgment of $67,092.98 obtained by CITICORP TRUST BANK FSB F/K/A
TRAVELERS BANK & TRUST CO. against you.
_ ~NOTICE OF OWNER'S RIGHTS
YOU MAY BE~ABLE TO PREV~N~-~--HI~RIFF,s SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay to CITICORP TRUST BANK FSB F/FdA TRAVELERS
BANK & TRUST CO., the back payments, late charges, costs and reasonable
out how much you must pay call: 215-627-1322 attorney's fees due. To f'md
02-5233 CIVIL TERM
2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if
the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
EVEN IF THE S/-IE~RIFF,S ~SALE DOES NOT TAKE~PL~CE~AND YOU HAVE _OTHER~ RIGHT__SS
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid price by calling the Sheriff of 717-240-6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find
out if this has happened, you may call the Sheriffof 717-240.6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriffthirty (30) days from the date of the
Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in
accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed
with the Sheriff within ten (10) days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house back, if you act
immediately after the sale.
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 LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES [NC
8 Irvine Row
Carlisle, PA 17013
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-5233 Civil
COUNTY OF CUMBERLAND)
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITICORP TRUST BANK FSB F/K/A TRAVELERS
BANK & TRUST CO. Plaintiff (s)
From WENDELL C. BIGGS, 222 E. MAIN STREET, SHIREMANSTOWN, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and.to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $67,092.98
Interest FROM 5/18/02 TO 12/29/02 11.3600%
Atty's Comm %
Atty Paid $131.91
Plaintiff Paid
Date: DECEMBER 26, 2002
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Prothon~
(Seal) ~,~By: ~/~ff-..,q 0/3 ~,
~QUEST~G PARTY:
Name JOSEPH A. GOLDBECK, ~., ESQ~
Address: GOLDBECK MCC~ERTY & MC~EVER
S~TE 500 - THE BOURSE BLDG.
111 S. INDEPENDENCE M~L EAST
PHIL~ELPHIA, PA 19106
A~omey for: PL~NTIFF
Telephone: 215-627-1322
Supreme Cou~ ID No. 16132
Beverly Jo Ruton,
Vo
Plaintiff
Jonathan Charles Ruton,
Defendant
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
· NO. 2002-5253
· CIVIL ACTION - LAW
· IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIl,
I, ~'~'4_¢.d..~ ~'Z-6'~_,~ , do hereby swear that I served
-~..e~q4x~r~ ~-'~,,3r-~ with a Compliant under Section 3301(c) or (d) of the Divorce
Code pursuant to Pa.R.C.P. 1920.42(a)(2) on the ~g day of ~gem~e.~, 2002,
by ce~ified mail, ream receipt, res~cted deliver, to the person and address below:
I, ~e~lecl~ % '~L~3~t~_ ,verifythatthestatementsmade
(Na~e 6f person who mailed the complaint)
in this Affidavit of Service are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: ~.~ ~,1~_ ~I~
Signature ~~ ~x~.~ t ~'-~x.,~
Beverly Jo Ruton
Plaintiff
V.
Jonathan Charles Ruton
Defendant
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
:
· NO. 2002-5253
:
· CIVIL ACTION - LAW
:
· IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE
TO: Jonathan Charles Ruton (DEFENDANT)
You have been sued in an action for divorce. You have failed to answer the
complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after the
21th day of March, 2003, the other party can request the court to enter a final decree in
divorce.
If you do not ~e with the prothonotary of the court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the court can enter a final
decree in divorce. A counter-affidavit, which you may file with the prothonotary of the
court, is attached to this notice.
Unless you have already filed with the court a written claim for economic relief, you
must do so by the above date or the court may grant the divorce and you will lose forever
the right to ask for economic relief. The filing of the form counter-affidavit alone does not
protect your economic claims.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPOHNE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166 OR 1-800-990-9108
Beverly Jo Ruton
Plaintiff
V.
Jonathan Charles Ruton
Defendant
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
;
'NO. 2002-5253
:
· CIVIL ACTION - LAW
· IN DIVORCE
COUNTER-AFFIDAVIT UNDER 3301 d OF THE DIVORCE CODE
Check either (a) or (b)
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because (check all that apply):
[] (i) The parties to this action have not lived separate and apart for a period of at least two
years.
[] (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. I understand that I
May lose rights concerning alimony, division of property, lawyer's fees
And expenses if I do not claim them before a divorce is granted.
(b) I wish to claim economic relief which may include alimony, division
Of property, lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic claims with
the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set
forth on the Notice of Intention to Request Divorce Decree, the Divorce decree may be entered
without further notice to me, and I shall be unable thereafter to file any economic: claims.
I verify that the statements made in the counter-affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn
falsification to authorities.
Date:
Jonathan Charles Ruton, Defendant
NOTICE:
IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF
A DIVORCE DECREE AND YOU DO NOT WISH TO
MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU
SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.
Beverly Jo Ruton
Plaintiff
VS.
Jonathan Charles Ruton
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2002-5253 CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for Divorce: Irretrievable Breakdown under § 3301(d)(1) of the Divorce
Code.
2. Date and manner of service of the complaint: Mailed to the Defendant by regular
first class mail and registered, restricted delivery, retumed receipt requested on October 26,
2002. The return receipt card was signed by Defendant on November 8, 2002.
3. Date of execution of the affidavit required by § 3301(d) of the Divorce Code
October 23, 2002.
Date of filing and service of the plaintiff's affidavit upon the respondent:
Filing date: October 30, 2002.
Date of service upon respondent: November 8, 2002.
4. Related claims pending: None.
5. Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached: Mailed by regular first class mail on February 28, 2003
to Defendant at 67447 Read Road, Cambridge, OH 43725.
Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
IN PLEAS
THE COURT OF COMMON
OF CUMBERIANDGOUNTY
STATE OF.~~,~. PEN NA.
PT._~_~NTIFF
VERSUS
DRFRNDANT
No. 02-5253 CIVIL TERM
DECREE IN
DIVORCE
DECREED THAT
BEVERLY JO RUTON
IT IS ORDERED AND
, PLAINTIFF,
AN d ,'fRNAtT4A~T C~T-TART,R.q
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, DEFENDANT,
THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH a FINAL ORDER HAS NOT
· YET BEEN ENTERED;
All claims have been resolved.
ATTEST: i j.
/ ~~PROTHONOTARY