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HomeMy WebLinkAbout98-01131 .., 1 \,- " -s: 0- ( ..... .... It ~ ~ I, -\ :--- -t L ^ I, " !: .~ :: 1- i"1- I .. i' '" f ""~ , '-J / f ... ~ - .: - . COM~LAINr IN MQRTGAGE FORECLOSURE 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 THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND 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 MAYBE 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 SHOULD 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) 249-3166 >,.. .' COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: I. The Plaintitris a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at One ContiPark, 338 S. Warminster Road, Hatboro, PA 19040-3430. 2. The Defendant(s) is/are individuals with a last known mailing address of37 East Penn Street, Carlisle, PA 17013. The property address is 37 East Penn Street, Carlisle, PA 17013 and is the subject of this action. 3. On the 28th day of April, 1997, in consideration ofa loan of Fifty Thousand, Eight Hundred and No/IOO ($50,800.00) Dollars made by Keystone State Mortgage Corporation, a PA corporation, to Defendant(s), the said Defendant(s) executed and delivered to Keystone State Mortgage, a PA corporation, a "Note" secured by a Mortgage with the Defendant(s) as rnortgagor(s) and Keystone State Mortgage, as mortgagee, which mortgage was recorded on the 5th day of May, 1997, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1379, page 684. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 10. Plaintiff does hereby release the personal representative, heir and/or devisee of '. 1\1 , { \ , . 1\,( I I I~! I . I , I Intention to Foreclose has been served upon the mortgagor(s), 9. The amount due on said mortgage is itemized on the attached schedule. the mortgagor(s) from liability for the debt secured by the mortgage. BY (Louis;>: itti, /squire yfney for Plaintiff , I WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of Fifty-Nine Thousand, Four Hundred Fifty-Five and 92/100 Dollars ($59,455.92) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. i ..' ) l l- 3 '~. VERIFICATION AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities, By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. /J___ / '/1"-7[/ I 1,.1. ..,/ (YiSP. Vitti Dated: February 27, 1998 ~~~ ~ ~ ~ ~ f'.r ,- .) , :-'., ~f) .~.' I - '?'u , "r-.. c:I n n ..,1 1,:-!1 ; f.:J i ,j .::~;5J .: ~ \.-) C:jrll ;;"J :C' .< , . ,;,1,. ] , f ',~ ....' ~ ~ ~ \.)J ',;-', ,~.) " ~':i '- ... " Ifl ~\ ~ Gt' '- I ~ p' ;.... ." SHERIFF'S RETURN - REGULAR .\f i " it, , , i \ '. iL' I I' I) ; IT Li! I I I. I " CASE NOI 1998-01131 P COKKONWEALTH OF PENNSYLVANIA I COUNTY OF CUKBERLAND CONTIKORTGAGE CORPORATION VS. GALLAGHER RONALD E ET AL BRIAN BARRICK CUKBERLAND County, Pennsylvania, who to law, says, the within COKPLAINT - . Sheriff or Deputy Sheriff of being duly sworn according KORT FORE was served the upon GALLAGHER DONNA L defendant, at 838100 HOURS, on the ~ day of Karch 19~ at 1&51 TRINDLE ROAD CARLISLE. PA 17013 County, Pennsylvania, by handing to LAURA HOUSEKAN. .' . OF DEFT. a true and attested copy of the COKPLAINT - KORT FORE and at the same time directing Her attention to the contents thereof. . ,CUKBERLAND SISTER-IN-LAW . Sheriff's CoStSI Docketing Service Affidavit Surcharge &.00 3.10 .00 &.00 So anBWersl.,~t'?/ /./ -r'- .>?.i::oI-p-~..t:f~ R. ..nomas K~ine. ~ner1%% M~1I1, ~ lIeputy l:ineri~~ .1~.10 LOUIS P. VITTI 03/13/1998 by Sworn and subscribed to before me this I" ~ day of ~". .J.J 19 q'i' A. D. (:1",. (~ )y,.Jj",~ ~. tI I yroi;lFo'notary , -'" "\.. SHERIFF'S RETURN - REGULAR CASE NOI 1998-01131 P CO""ONWEALTH OF PENNSYLVANIA I COUNTY OF CU"BERLAND CONTI"ORTGAGE CORPORATION VS. GALLAGHER RONALD E ET AL KATHY 3. CLARKE CU"BERLAND County, P.nnsy1vania, who to law, .ay., the within CO"PLAINT - upon GALLAGHER RONALD E d.f.ndant. at 1936100 HOURS. on the ~ day of "arch 1998 at 37 EAST PENN STREET CARLISLE. PA 17013 County. Penn.ylvania. by handing to RONALD GALLAGHER a true and attested copy of the CO"PLAINT - "ORT FORE and at the same time directing His att.ntion to the contents thereof. . Sheriff or Deputy Sheriff of being duly sworn according "ORT FORE was ..rved the . CU"BERLAND . Sheriff's Costs I Docketing Service Affidavit Surcharge So a~p' // r ~?C.~1'"~ 18.00 3.10 .00 6.00 H. Thomas J\.L1n_. ~her1.%% .27.1~ LOUIS P. VITTI 03/13/1998 by <~heCl~ Sworn and subscribed to before me -tV this I~ - day of 7h.."t.-l 19 eH' A. D. '-- \y,-<-- Q. Jlt-, e~t~ ~~. ---;;, tl'rotnonotary' .1' . CONTIMORTGAGE CORPORATION, Assignee of KEYSTONE STATE MORTGAGE CORPORATION, CIVIL DIVISION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-1131 Civil Plainti 1'1', AFFIDAVIT OF SERVICE vs. RONALD E. GALLAGHER and DONNA L. GALLAGHER, husband and wife, Code 140 MORTGAGE FORECLOSURE Filed on behalf of Plainti ff Defendants. Counsel of record for this party : Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 f < Louis P. Vitti & Assoc., P.C, 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ~ ..1.,; ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ~f , , CONTIMORTGAGE CORPORATION, ABsignee of KEYSTONE STATE MORTGAGE CORPORATION, " Plaintiff, " , .~ I vs. No. 98-1131 civil I: RONALD E. GALLAGHER and DONNA L. GALLAGHER, husband and wife, DefendantB. I AFFIDAVIT OF SERVICE I, Danielle Lardo, do hereby certify that a Notice of Sale was mailed t and served upon all Lien Holders, by Certificate of Mailing for service in the above-captioned case on April 30, 1998, advising them of the Sheriff's sale of the property at 37 East Penn Street, Carlisle, PA 17013, on September 2, 1998. J LOUIS P. VITTI & ASSOCIATES, P.C. l .\ , I BY Ck1~ ~ ! Danielle Lardo SWORN to and subscribed Notarial Seal Ann M. Gonzalos, Notary Public P~"bulJ}h, AlloQheoy ColJ1ty of August, 1998. My Comml..oon Expo'OIAU{). 17.2000 Mom or, ''''''Y V1l ASSOCiation 0 Diaries j:~-tJ r before me this 19th day ~M.mo , I... Notary Public oj: :)1 '~(lo .". ','. .... t'""I ,-, Aml,,"WUIS P. VITTI & ASSOClllfF:- f'r; 916 FIFHl AVHJllf 1'1 nSBURGH, PA 15;' 1 r, (412.)-2 L.)::: - Affi-)lHtfteT_4t, 'IB~ . Of rOIOr \Io'staoOf d Pili' mort; InQU.lt I ' ~lnllUII~ fOf ~.U11 Ill" '!_ ;, ~ { \\').\b'~ , . "f".: ~ p; ":'~:l " ....c ....~ )__ ~ ~ '::/i)";1~ \11 \(~ ~ Ill~ ........................ .. " /: , J . ) , \ U,S PO~TAL S<AVleE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOr PROVIDE FOR INSURANCE-POSTMASTER On. piece 01 ordinary mall addrOlled 10: .. , DAUPHIN DEL BANK & TRUST 3607 DONNA ST POB 4662 .1IAlUU.Sll1lRG PA If II , ... t PS Form 3817, Mar. 1989 GALLAGHER, R. TENANT/OCCUPANT 37 EAST PENN ST CARLISLE PA 1701} .\ ! U,S, POSTAL SEAVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Am'''t'.OttlS P. VITTI & ASSOCIATES. P.!: 916 FIFlH AVENUE PITTSBURGH, PA 15219 (412) 2811125 One piece 01 ordinary mail addr8ssed to: j , One piece 01 ordinary mail addressad 10; Affix fee hero In stamps or metor postago and po.t m k-lllgu'r. ~ Post ostor4 fO'r~rr1 Ie ,. ,l., ~ , 11 ~ C: ,. ::; C ~ ,p " ~ ItO. _..~" - 'f'~' vo'O .':\\j , ~'~ }- ':;,I:>.'~ij, III lir ' . ~ ~ I!I~ I ....."............. .. PS Form 3817. Mar. 1989 GALLAGHER, R. U,S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Am;".LOlJIS P. VITTI & AS$OC i;\; 916 FIFTH ,WLi-W' f'IIISBUHGH.PA I:,;':: (412) 281-m::, ................. .. f;-!~, "j. I"!. ',71" ) , ~t l.~~~. '( L';~ r'~' .. F;} '1"" P'~~ ',,;)\ "t.;~... BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION ..I}E~ HARRISBURG PA 17128 1230 AU" ~U5ILN IlLOl1Gll PS Form 3817, Mar. 1989 GALLAGHER, R. ......... r-. .". . " (") \p ,:-> c: C' ., ,- :r.. --' "'Utll ~. Q)UI c; ";:1 ~'__.' 1 r.' ;.1 ~~~ ~:~ '-I J " .. -" ~l:) .' S~~ , "I ~ 1'-' :!n &. '< -' 'J,:: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONTIMORTGAGE CORPORATION, Assignee of KEYSTONE STATE MORTGAGE CORPORATION, vs. Plaintiff, No. 98-1131 Civil RONALD E. GALLAGHER and DONNA L. GALLAGHER, husband and wife, Defendants. PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY Enter judgment in Default of an Answer in the amount of $60,469.34, in favor of the Plaintiff, ContiMortgage Corporation, et al., in the above-captioned action, against the Defendants, Ronald E. Gallagher and Donna L. Gallagher, and assess Plaintiff's damages as follows and/or as calculated in the Complaint. Unpaid Principal Balance Interest from 9/2/97 - 4/29/98 (Plus $16.8904 per day after 4/29/98) Late charges (Plus $26.42 per month on the 17th day of each month after 2/2/98 - 9/2/98 - $158.52) \ , I $50,740.69 4,036.80 130.51 Attorney's fee 2,537.03 1 :\~ , l',:\ ,./ ;1 [1 d' ( I, Escrow Deficit 3.024.31 (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriff'S sale) Total Amount Due $60.469.34 The real estate, which is the subject matter of the Complaint in Default Judgment, is situate in the 1st Wd. of Carlisle Boro, Cumberland Cty., PA. HET a 2-sty. frame dwg. hse. k/a 37 EaBt Penn St., Carlisle, PA 17013. Parcel 02-20-1800-278. df~Gl(Ao- Louis P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONTIMORTGAGE CORPORATION, Assignee of KEYSTONE STATE MORTGAGE CORPORATION, plaintiff, No. 98-1131 civil vs. RONALD E. GALLAGHER and DONNA L. GALLAGHER, husband and wife, Defendants. CERTI~ICATION OF MAILING I, Louis P. vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the DefendantB in the above-captioned case on April 2, 1998, giving ten (10) day notice that judgment would be entered should no action be taken. BY: P.C. vitti, Esquire for plaintiff SWORN to and subscribed NOI:'.nat Selll Arm M. GonZ;lTt;:;, ~jClt'lry PubMc P'llsbwah. .\l~,.,."';t:f'flY County My Comllll';~ I:':' L :."11":; ^ufI. 17.2000 ~ml>cr, Pcni',:?,;. ,:; .,ilcn 01 Nl)!arlc~ before me this 29th day of April, 1998. ~/\,--- ?fl. ~ Notary public """"I ,,...,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION CONTIMORTGAGE CORPORATION, assignee of KEYSTONE STATE MORTGAGE CORPORATION, Plaintiff. : No,: 98-1131 Civil vs, RONALD E. GALLAGHER and DONNA L. GALLAGHER. husband and wife, Defendants. IMPORT ANT NOTICE TO: RONALD E. GALLAGHER 37 EAST PENN STREET CARLISLE. PA 17013 DONNA L. GALLAGHER 1651 TRlNDLE ROAD CARLISLE. PA 17013. Date of Notice: April 2, 1998 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRlTIEN APPEARANCE PERSONALLY OR BY ATIORNEY 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE FOLLOWiNG OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 117013 TELEPHONE: (717) 249-3166 :ITi & ASSOCiATES. P.C. ~.'" BY: .. TIlE DEBT COLLECTOR IS A TIEMPTING TO COLLECT A DEBT AND A1'I/Y INFORMATION OBTAL'I,'ED WILL BE USED FOR THAT PURPOSE... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS I COUNTY OF CUMBERLAND BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANTS are not presently in the active military service of the United States of America and not memberB of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors civil Relief Act of 1940 and designated therein as military service, and to the beBt of this affiant's knowledge are not enlisted in military service covered by Baid acto and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. SWORN to and subscribed NOIMal S(lal linn IA. Gonzol"" Nota,y Public PrttsburQh, AI;eqr...r,y Counfy My Comml5$IOn Explr,::;.; '''lug, 17, 2000 " I nnsyhmrllil As:;rJc,J:IO;l 01 NOI;Ulr.:. before me this 29th day of April, 1998. ~c<m ~~ ere tA ~ ........ ~ C. :.J. rf--- ~' ~. ~ ~ ~ \...A ~ ~)~ ::J }U ~~, ~ ~ ~Q;)~ 0cJ \ ~ S" L\,j ~ ,,~ ~ ; r GI ().\ ~ \ ~ \ ~l ('") ~ 0 !=; OJ "n ....,.~ :: --J -ae,;, '1:.", " -,., rnnl -0: '-l:;r~ ~~t:.... , -.In -;\:J .t:~ 'j' U>,. ; ::.4.l~~ r:::;:.) :.-:? :~'~~S ~~[.-~ -. ijrn .. -, -". ..~ ." ~J -~ 10 .., -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONTI MORTGAGE CORPORATION, Assignee of KEYSTONE ST ATE MORTGAGE CORPORATION, CIVIL DIVISION NO. 98-1131 Civil Plaintiff, PRAECIPE FOR WRIT OF EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. RONALD E, GALLAGHER and DONNA L, GALLAGHER, husband and wife, Code 140 MORTGAGE FORECLOSURE Defendants. Filed on behalf of Plainti ff Counsel of record for this party : Louis P. Vitti, Esquire PA I.D. #3810 Supreme Court #01072 Louis P. Vitti & Assoc" P.C, 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONTI MORTGAGE CORPORATION, ASBignee of KEYSTONE STATE MORTGAGE CORPORATION, Plaintiff, vs. No. 98-1131 Civil RONALD E. GALLAGHER and DONNA L. GALLAGHER, husband and wife, Defendants. PRAECIPB FOR WRIT OF BXBCUTION IN MORTGAGB FORB CLOSURE TO. PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendants in the above-captioned matter as follows. Amount Due $60,469.34 .; Interest from 4/30/98 - 9/2/98 Total 2,128.19 $62.597.53 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in. 1st Wd. of Carlisle Boro, Cumberland Cty., PA. HET a 2-sty. frame dwg. hse. k/a 37 East Penn St., Carlisle, PA 17013. Parcel 02-20-1800-278. ~--(?JjD- LO~S P. Vitti, Esquire Attorney for Plaintiff , , " F~~ '\~ o ......... ~. ~ iU c:1 ~ ......... St, ~ >-...LN ~~~~.~s.>\ \Y ...... "'- c." - o ~ e 0 _0 !?r C ClJ -,. (FBi .- ~~ --j 'rl' 1.... ,11 II ~~;i) ..., I ,.- --'E9 -::;:;. J'- . ~J .. ~_.c; ,.) ?, ,- -0 ~-'i ( ~',. '''U _..C' ::1: {~ :~) '"'0 )i' !o;; - .". ?11 .. C) ~ ~ -I :t <:J ~~ :j @ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONTIMORTGAGE CORPORATION, Assignee of KEYSTONE STATE MORTGAGE CORPORATION, vs. Plaintiff, No. 98-1131 Civil RONALD E. GALLAGHER and DONNA L. GALLAGHER, husband and wife, Defendants. AFFIDAVIT PURSOANT TO RULE 3129.1 ContiMortgage Corporation, et al., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 37 East Penn Street, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s) , Name: Address (Please indicate if this cannot be reasonably ascertained) Ronald E. Gallagher 37 East Penn Street Carlisle, PA 17013 1651 Trindle Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Donna L. Gallagher Name, Address (Please indicate if this cannot be reasonably ascertained) Same as #1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) Dauphin Del Bank & Trust Co. 3607 Donna Street, POB 4662 Harrisburg, PA /7/11 Beneficial Consumer Discount Co. POB 591 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) None \ 5. Name and address of every other person who has any record lien on the property. Name Address (Please indicate if this cannot be reasonably ascertained) None 6. interest affected Name and address of every other person who has any record in or record lien on the property and whose interest may be by the sale. Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address has knowledge who has any affected by the sale. of every other person of whom the plaintiff interest in the property which may be Name Address (Please indicate if this cannot be reasonably ascertained) Carlisle Borough (water & sewage) POB 128 Carlisle, PA 17013 53 West S. Street Carlisle, PA 17013 Tax Collector of Carlisle Boro Court of Common pleas of Cumberland County Domestic Relations Division One Courthouse Square Carlisle, PA 17013-3387 Tenant/Occupant POB 8016 Harrisburg, PA 17105 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn. Susan Blough 37 East Penn Street Carlisle, PA 17013 Commonwealth of PA - DPW Bureau of Compliance I verify that the statements made in this affidavit are true 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 unsworn falsification to authorities. ~~ J ~ April 29. 1998 L(/C..I Date Lou s P. vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 29th day of April, 19~8. ~ ~rn. ' Notary Public Ann M Nolaria' Seal Prtlsbu~"h''t!,es. NOlaI)' Public My Comml5s?on E.':iIr~eny County "'~ s Aug. 17. 2000 01, Onn.'i~'I",lIIlJ A~SUt;IJlIol1 "I MJt!l!S .~. "". '...... .. NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO. RONALD E. GALLAGHER 37 EAST PENN STREET CARLISLE, PA 17013 AND. ALL LIEN HOLDERS DONNA L. GALLAGHER 1651 TRINDLE ROAD CARLISLE, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Sheriff's Office of Cumberland County, Cumberland county Courthouse, Carlisle, PA on September 2, 1998 at 10100 A.M., the following described real estate, of which Ronald E. Gallagher and Donna L. Gallagher are owners or reputed owners. 1st Wd. of Carlisle Boro, Cumberland cty., PA. HET a 2-sty. frame dwg. hse. k/a 37 East Penn St., Carlisle, PA 17013. Parcel 02-20-1800-278. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of ContiMortgage Corporation, et al. vs. Ronald E. Gallagher and Donna L. Gallagher at No. 98-1131 Civil in the amount of $60,469.34. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717/249-3166 <. . -- You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff's Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriff's Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. L&gif..~ Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** (":I ,0 0 c: CO .n ;:.: -'./ ,1 -aUJ :r.:- Q)t!..; -c ;.;j:!J ......... I 'V~ ?-I;.: ~-q.: . .. .'oJ f"'l ~(~; '~J .l ~::....... ::g .. -'j ....-r .1.'"_. ~\:J(~ (~(:) - :51"0 - c.:: ~ .. S! ~ :.0 C::> -~ '. .. . .. .~. , , ~ , LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the First Ward of the Borough of Carlisle, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows. BEGINNING on the North by an alley; on the East by property now or formerly of Harry Lightner; on the South by East Penn Street, and on the West by property now or formerly of Charles W. Trostle and wife. Having a distance of forty (40) feet in front on the said street and extending in depth at an even width a distance of one hundred twenty (120) feet to the alley aforesaid. HAVING erected thereon a two-story frame dwelling house known as 37 East Penn Street, CarliSle, Pennsylvania 17013. BEING the same premises which Robert M. Smiley, Jr. and Crystal S. Smiley, his wife, by their Deed dated March 27, 1992 and recorded in the Cumberland County, Pennsylvania Recorder of Deeds Office on March 30, 1992 in Deed Book Volume 035, page 951, granted and conveyed unto Ronald E. Gallagher and Donna L. Gallagher, his wife. PARCEL 02-20-1800-278. . . A. ,0 c;o o ." ..\ :1. :J:) .11...... -q\? <_'(i .;~! ,.'1"' ....", ")'h'> r'" \ ~;{ ::;:" ~ ..:; I:) Co ~; ~'.l.. 01t:~ <!7'.':~ ~-'~" (/-":,, ~fJ <:.. -"...... .1... .. ~~:: ~l :;., - -~ ,.. ...~ I ~-:. -'0 ."" .- - .. ,~, rV ..... ,- ~ .. Conti mortgage Corporation, assignee of Keystone State Mortgage Corporation -vs- Ronald E. Gallagher and Donna L. Gallagher In the Court of Common Pleas of Cumberland County, Pennsylvania No 98-1131 Civil Term Michael E. Barrick, Deputy Sheriff who being duly sworn according to law, says on June 29, 1998 at 9:45 o'clock A.M. E. D. S. T., he posted a copy of Real Estate Writ Notice Poster and Description on the property of Ronald E. Gallagher and Donna L. Gallagher located at 37 East Penn Street, Carlisle, Cumberland County, Pennsylvania according to law. Kristin Mertz, Deputy Sheriff, who being duly s worn according to law, says on May 22, 1998 at 8:20 o'clock P. M. E. D. S. T., she served a copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Ronald E. Gallagher by handing to Ronald E. Gallagher at 37 East Penn Street, Carlisle, Cumberland County, Pennsylvania and at the same time handing to him personally the said true and attested copies of the same. Michael E. Barrick, Deputy Sheriff, who being duly sworn according to law, says on May 20, 1998 at 9: 19 o'clock A.M. E. D. S. T., he served a true copy ofreal Estate Writ Notice and Description, in the above entitled action upon one of the within named defendants to wit: Donna Gallagher by handing to Donna Gallagher at Penn Fuel Gas Inc., Roadway Drive, Carlisle, Cumberland County, its contents and at the same time handing to her personally the said true and attested copies of the same. Kathy J. Clarke, Deputy Sheriff, who being duly sworn according to law, says on July 22, 1998 at 8: 14 o'clock P.M. E. D. S. T., she served a true copy of Real Estate Poster in the above entitled action upon one of the within named defendants to wit: Ronald Gallagher by handing to Ronald Gallagher at 37 East Penn Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time hading to him personally the said true and attested copies of the same. Kristin Mertz, Deputy Sheriff, who being duly sworn according to law, says on July 7,1998 at II :00 A.M. E. D. S. T., she served a true copy of real Estate Poster in the above entitled action upon one of the within named defendants to wit: Donna Gallagher by handing to Joe Houseman, brother at 1651 Trindle Road, Carlisle, Cumberland County, Pennsylvania, its contents and at theme handing to him person the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the within Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Ronald E. Gallagher by regular mail to his last known address 37 East Penn Street, Carlisle, Pennsylvania,. This letter was mailed under the date of July 27, 1998 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the within Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Donna Gallagher to her last known address 1651 Trindle Road, Carlisle, Pennsylvania. This letter was mailed under the date of July 27, 1998 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after sue and legal notice had been given according to law exposed the within described premises at public venue or outcry at the Court HOllse, Carlisle, Cumberland County, Pennsylvania, on September ~ 2, 1998 lit 10:00 A.M. E.D. S. T.,lInd sold the snme lilr the sum 01'$ 1,00 to Attorney Jill Hoover for Contimortgllge Corporullon, 338 Wnrminsler ROllll, Iluthorn. CA, Its successors IInd IIssigns. It being the highest bid IInd the hest price received lilr the sume Contimortgnge Corporullon , being the buyer in this Execution puld Sherifr It Thol11us Kline, the SUI11 01'$ 666.12 it heing Sherin"s Costs. SheriIT's Costs: Docketing Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed Poundage 30.00 15.00 15.00 30.00 10.00 .50 1.00 9.30 1.99 15.00 18.00 203.75 224.10 27.91 25.00 26.50 J..lQ1 $ 666.12 pd by Ally 9-9-98 .\ , I Sworn and Subscribed To Before me j This j,'~ Day of (lJU;.I1,.-, 1998, A.~iit"" o. 1I't..d~ tfl~ . otlionotnry So answers: ..".# ~ ~~,.~,I<t:-r~ R. Thomas Kline, Sheriff By 1lt.<:~JJUt; Real Estate Deputy . Jo.tJI) ~ /, ~"O ~ ~~ e.l:.. /C..... ;l;l:Jf."/ . ?l F"f7 ,'. ':~+':"~.~.~ .~. "' '. c. .~ LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the First War.d of the Borough of Carlisle, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows. BEGINNING on the North by an alley; on the East by property now or formerly of Harry Lightner; on the South by East Penn Street, and on the West by property now or formerly of Charles W. Trostle and wife. Having a distance of forty (40) feet in front on the said street and extending in depth at an even width a distance of one hundred twenty (120) feet to the alley aforesaid. HAVING erected thereon a two-story frame dwelling house known as 37 East Penn Street, Carlisle, Pennsylvania 17013. BEING the same premises which Robert M. Smiley, Jr. and Crystal S. Smiley, his wife, by their Deed dated March 27, 1992 and recorded in the Cumberland County, Pennsylvania Recorder of Deeds Office on March 30, 1992 in Deed Book Volume 035, page 951, granted and conveyed unto Ronald E. Gallagher and Donna L. Gallagher, his wife. PARCEL 02-20-1800-278. '.' ~. '. I I . r- NOTICE OF SHERIFF'S SALE OF REAL BSTATE PURSUANT TO PENNSYLVANIA RULB OF CIVIL PROCEDURE 3129.1 TO. RONALD E. GALLAGHER 37 EAST PENN STREET CARLISLE, PA 17013 AND. ALL LIEN HOLDERS DONNA L. GALLAGHER 1651 TRINDLE ROAD CARLISLE, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Sheriff's Office of Cumberland County, Cumberland County Courthouse, Carlisle, PA on September 2, 1998 at 10100 A.M., the following described real estate, of which Ronald E. Gallagher and Donna L. Gallagher are owners or reputed owners. 1st Wd. of Carlisle Boro, Cumberland Cty., PA. HET a 2-sty. frame dwg. hse. k/a 37 East Penn St., Carlisle, PA 17013. Parcel 02-20-1800-278. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of ContiMortgage Corporation, et al. vs. Ronald E. Gallagher and Donna L. Gallagher at No. 98-1131 civil in the amount of $60,469.34. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of ' the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717/249-3166 .1 . ........ You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff's Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriff's Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sherif! has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. ~;I.:!r Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 **THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.** ., ,~ ... -.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CONTI MORTGAGE CORPORATION, Assignee of KEYSTONE STATE MORTGAGE CORPORATION, Plaintiff, vs. No. 98-1131 Civil RONALD E. GALLAGHER and DONNA L. GALLAGHER, husband and wife, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 ContiMortgage Corporation, et al., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 37 East Penn Street, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s) . Name. Address (Please indicate if this cannot be reasonably ascertained) Ronald E. Gallagher 37 East Penn Street Carlisle, PA 17013 1651 Trindle Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment. Donna L. Gallagher Name. Address (Please indicate if this cannot be reasonably ascertained) Same as #1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold. Name. Address (Please indicate if this cannot be reasonably ascertained) Dauphin Del Bank & Trust Co. 3607 Donna Street, POB 4662 Harrisburg, PA 1711' Beneficial Consumer Discount Co. POB 591 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record. Name Address (Please indicate if this cannot be reasonably ascertained) None .. ......,,-- 5. Name and address of every other person who has any record lien on the property. Name Address (Please indicate if this cannot be reasonably ascertained) None 6 . interest affected Name and address of every other person who has any record in or record lien on the property and whose interest may be by the sale. Name Address (Please indicate if this cannot be reasonably ascertained) None 7. Name and address has knowledge who has any affected by the sale. of every other person of whom the Plaintiff interest in the property which may be Name Address (Please indicate if this cannot be reasonably ascertained) Tax Collector of Carlisle Boro POB 128 Carlisle, PA 17013 Carlisle Borough (water & sewage) 53 West S. Street Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division One Courthouse Square Carlisle, PA 17013-3387 Commonwealth of PA - DPW POB 8016 Harrisburg, PA 17105 Clearance Support Section Dept. #281230 Harrisburg, PA 17128-1230 Attn. Susan Blough 37 East Penn Street Carlisle, PA 17013 Bureau of Compliance Tenant/Occupant , I j , I verify that the statements made in this affidavit are true 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 unsworn falsification to authorities. '>I? f--:t~ Avril 29. 1998 ~/~~ Date LOU'ti P. vitti, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this 29th day of April, 19~8. ~ ~rn. . Notary Public Ann M Notarial So.1l PtttSbtl?~lZX,~OS' NOlary PUbIlc My Comllll""?O;, E BQ'Jony County .,. ll'p'resAu '",t,,,,. g. r 7, 2000 '. l.J,"I('.\""" , '....1.11 t,';I)I:;J!rO;'l t . tl (lIJ"l.!S ., ". WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) 98-1131 CIVIL19_ CIVIL ACTION. LAW NO. TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, Intorest end costs duo ContiJTortgage Corporation, assignee of Keystone State Mortgage Corporation PLAINTIFF(S) lrom Ronald E. Gallagher. 37 E. Penn St., Carlisle PA 17013 and Donna L. Gallagher, 1651 Trindle Rd., Carlisle PA 17013. (1) You are directed to levy upon the property 01 the delcndant(s) and to sell at 37 E. Penn St., Carlisle PA 17013. (See attached DEFENDANT(S) Real estate located legal description) (2) You are also direcled 10 altach lhe property 01 the defendant(s) nollevled upon In the possession of GARNISHEE(S) as follows: and to nomy the garnlshee(s) that: (a) an attachment has been Issued: (b) the garnlshee(s) Is/are enjoined from paying any debt to or for the account 01 the delendanl(s) and Irom delivering any property 01 the defendant(s) or otherwise disposing thereof: (3) If property olthe defendant(s) nollevled upon an subject to attachment Is found In the possession of anyone other than a named garnishee. you are dlrecled to notify hlm/herlhat he/she has been added as a garnishee and is enjoined as above stated. Amount Due Interest Atty's Comm Atty Paid Plaintiff Paid $60,469.34 4/30/98 - 9/2/98 $2,128.19 L.L. Due Prothy Other Costs $.50 $1. 00 % $114.20 Date: May 1. 1998 by: REQUESTING PARTY: Name Louis P. Vitti, Esquire 916 Fifth Avenue PittSburgh PA 15219 Plaintiff Deputy Address: Attorney lor: Telephone: Supreme Court ID No. (412) 281-1725 01072 .". .., . . REP,L ESTI~TE SP1E No. /0 ~ dYlf 7, 1'1 7 r tHe sheriff levied upon the dofond~\!!;~ IaWQSt In the ri8l property situated In{A~k!l. ~-_. Cumberland County, Pa., knO'Nn and numbered ilS:~ ~~ and more fully dosr.rlbed on Exhibit "II" ii1c.~l ';;:;.1 - ~ I~ (!~ ,;'t,:f\ll VIN'Ii\l.\SHN3d 7]-"~ I ", I \ 1 ,.., _' ".' :\1' ,j , n.. ,. ~ i . \1 '. 'I ; ; Bu. IJJ 110 E 9 UN I , ..! ,,-~ ~.;.~ ' "Hfih). ~jle=HS jll~ iO 3:)l;j~O , ~I " , r, , . . f \" iJ ' -~, :" 1.-\ f" . ~'-~. ,,"'"