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Home My WebLink About03-1053Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, T1NTNER, PICCOLA & WlCKERSHAM 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff GREGORY M. SMEE, D.M.D., PLAINTIFF Ve TIMOTHY D. MILLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of Plaintiff and against the Defendant Timothy D. Miller, in the amount of $1,480.64, plus interest at the legal rate of 6% and costs of suit, pursuant to the judgment granted by District Justice Robert v. Manlove. ! hereby certify that no appeal has been made. BOSWELL, TINTNER, PICCOLA & WlCKERSHAM By: Brigid ~. Alford, Esquit~ ~ DATE: March 11, 2003 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND .Mag. Dist No.' 09-1-02 DJ Name: Hon. .ROBERT V. MANLOVE ..A~ress: 1901 STATE STREET GREGORY M. SMEE, D.M.D 220 GRANVIEWAVE SUITE 103 CAMP HILL, PA 17011 THISJS TO,NOTIFY YOU. ~.H. AT: Judgment: ~-~ Judgment was entered for: (Name) X-]Judgment was entered against: (Name) NOTICE OF JU DGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FSMEE, D.M. D, GREGORY M ~ 220 GRANVIEW AVE SUITE 103 ~MP HILL, PA 17011 ~ DEFENDANT: NAME-and ADDRESS UMILLER, TIMOTHY D ~ 546' BRIDGE ST .?-, NEW. CUMBERLAND, PA". 17070 L / Docket No.: CV- 0000477 - 02 Date Filed: 10/22/02 in the amount of $ 1:4Rn_~;4 on: · i,~ Defendants.are jo ntly and severa y ab e : :..~ ::Damages will. be asseSsed on DThis case dismissed without prejudice: ~--] Amount of Judgment Subject to Attachment/Act 5 of 1996 $ (Date of Judgment) 1/n~./nA (Date ·&.Time) ~ me'nt CostS Interest on Judgment $ ' '. - 00I Attorney Fees $ , 001 Total $ 1,4'80.64 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HASiTHE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE"~NTRY OF JUDGM ,EN¥ BY FILING~A N~OTICE i . ~ OF APPEAL WiTH THE PRbTHONOTARY/CLERK oF THE CdURT:OF COMMON PLEAs, CIVIL'DIVISION. YOU ' MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ',' );.. ': ': DB~rict dUstice'. !: Date My commission expires first Monday of January, 2006 . AOPC 315-03 SEAL GREGORY M. SMEE, D.M.D., PLAINTIFF Ve TIMOTHY D. MILLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW TO: TIMOTHY D. MILLER, DEFENDANT You are hereby notified that on March 11, 2003, judgment has been entered against you in the above-captioned case in the amount of $1,480.64, plus interest at the legal rate of six (6%) percent, plus costs of suit. DATE: March 11, 2003 Prothonotary I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Timothy D. Miller 546 Bridge Street New Cumberland, PA 17070 TO: TIMOTHY D. MILLER, DEFENDANT Por este medio se le esta notificando que el March 11, 2003, el siguiente Fallo ha sido antodo en contra suya en el caso mencionado en el epigrafe. FECHA: March 11, 2003 Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Timothy D. Miller 546 Bridge Street New Cumberland, PA 17070 GREGORY M. SMEE, D.M.D., PLAINTIFF TIMOTHY D. MILLER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: Gregory M. Smee, D.M.D. 220 Grandview Avenue Suite 103 Camp Hill, PA 17011 Plaintiff Timothy D. Miller 546 Bridge Street New Cumberland, PA 17070 Defendant BOSWELL, TINTNER, PICCOLA & ~,,,RSHAM ~se E.'Fosiei, Paralegal IN THE ~ OF ~ Pr~'.AS OF ~RIJiND COUNTY, ~VANIA GREGORY M. SMEE., D.M.D., PLAINTIFF TIMOTHY D. MILLER, DEFENDANT CIVIL DMSION File No. : Amount Due : Interest 63- 1,480.64 AT THE LEGAL RATE OF 6% FROM 1/2/03 : Atty's Conwn : Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRA~CIPE F~R ~~ Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) Levy on all personal property, including furniture, applianceS, televisions, computers, entertainment equipment, sports equipment, located'at: 546 BRIDGE STREET, NEW CUMBERLAND, PA 17070 PRAECIPE FOR ATT~ EX~J3TION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: March 11~ 2003 Signature: Print Name: Address: ~ . Alfor~ Esquire Brigid Q 315 N. Front Street/PO Box 741 Harrisburg, PA 17108-0741 Attorney for: Plaintiff Telephone: (717) 236-9377 Supreme Court ID No.: 38590 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1053 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Gregory M. Smee, D.M.D. Plaintiff (s) From Timothy D. Miller 546 Bridge Street New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell Levy on all personal property, including furniture, appliances, televisions, computers,entertainment equipment,sports equipment located at 546 Bridge Street, New Cumberland, PA 17070. (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 DueS1,480.64 Interest at the legal rate of 6% from 1/2/03 Atty's Comm % Atty Paid $36.75 Plaintiff Paid Date: March 11, 2003 L.L.$.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary By: ~-~.~ ,C~'.~. O/ Deputy REQUESTING PARTY: Name Brigid Q. Alford, Esq. Address: 315 N. Front Street/P O Box 741 Harrisburg, PA 17108-0741 Attorney for: Plaintiff Telephone: 717-236-9377 Supreme Court ID No. 38590 ATTORNEY Brigid Alford WRIT NO. 2003-1053 Civil Gregory M. Smee, D.M.D. vs Timothy D. Miller DISTRIBUTION Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 1480.64 21.36 36.75 $ 1538.75 Sheriff's Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy $ 18.00 29.61 .5O 1.00 12.42 20.00 $ 81.53 Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 1538.75 150.00 1.50 $ 1620.68 150.00 $ 1770.28 R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1053 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Gregory M. Smee, D.M.D. Plaintiff (s) From Timothy D. Miller 546 Bridge Street New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell Levy on all personal property, including furniture, appliances, televisions, computers,entertainment equipment,sports equipment located at 546 Bridge Street, New Cumberland, PA 17070. You are also directed to attach the property of the defendant(s) not levied upon in the possession (2) 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 DueS1,480.64 Interest at the legal rate of 6% from 1/2/03 Atty's Corem % Atty Paid $36.75 Plaintiff Paid L.L.$.50 Due Prothy $1.00 Other Costs Date: March 11, 2003 (Seal) REQUESTING PARTY: Name Brigid Q. AIford, Esq. Address: 315 N. Front Street/P O Box 741 Harrisburg, PA 17108-0741 Attorney for: Plaintiff Telephone: 717-236-9377 CURTIS R. LONG Prothonotary Deputy Supreme Court ID No. 38590 R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing 18.0 0 Pourt. dage 2 9.61 Advertising Law Library .5 0 Prothonotary 1.0 0 Mileage 12.4 2 Misc. Sm'charge 2 0.0 0 Levy Post Pone Sale Garnishee 81.53 Sworn and Subscribed to before me this ~'~ day of ~ 2003 A.D~_~,_.,/9~ "B,t,2fi~.,Ct~, p{o~onotary ' ~ ~' Pd by Defendant So Answers; R. Thomas Kline, Sheriff By O~ fl_t.~Cf~ ~_ q~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIFINANCIAL MORTGAGE COMPANY, INC. F/K/A ASSOCIATES HOME EQUITY SERVICES, INC., Plaintiff BLAIR W. TRUMP, ANNA MAY TRUMP, Defendants i NO. 0~-1054 Civil Term : CIVIL ACTION - LAW PI~FJ~IMINARY OBJECTIONS OF DEFENDANT~ ANNA MAY TRUMP TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Anna May Trump, by her attorney, who files the within Preliminary Objections to Plaintiff's Complaint, as follows: I. PRELIMINARY OBJECTION RAISING FAILURE TO CONFORM TO RULES OF COURT OR LAW. 1. Plaintiff's complaint alleges a cause of action in mortgage foreclosure against defendants Blair W. Trump and Anna May Trump, and was filed on or about March 11, 2003. 2. Plaintiffs complaint alleges in paragraph 3 that on or about May 26, 2001, defendants executed a mortgage in favor of Plaintiff lender. 3. On or about April 18, 2003, Plaintiff filed a "Suggestion o:~'Death" certifying that the defendant Blair W. Trump, died on or about November 14, 2000. 4. Therefore, it is impossible that on 05/26/01 defendants executed a mortgage document. 5. A defendant must be a person who actually or legally exisl~ and the responsibility for bringing suit against the proper defendant rests upon the plaintiff. 6. A decedent cannot be named as a defendant in an action m~d Plaintiff subsequent filing of a "Suggestion of Death" does not cure an improperly filed action. 7. Plalntiffhad notice prior to filing the within action that defendant Blair W. Trump was deceased but chose to ignore that information. WHEREFORE, defendants respectfully request that plaintiff's complaint be dismissed for failure to comply with role of court. II. PRELIMINARY OBJECTION RAISING INSUFFICIENCY OF COMPLAINT 8. Objecting Defendant incorporates by reference the averments of Paragraphs 1 through 7 above, as if set forth herein at length. 9. Pa.R.C.P. 1019 provides that a pleading shall state specifically whether any claim is based upon a writing and, if so, the pleader should attach a copy of the va'iting to the complaint. ~D. }~. Plaintiff alleges in paragraph 3 of its complaint that: "On 05/26/01 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinal~er described to PLAINTIFF...." I I. j~r. Plaintiff fails to attach a copy of the "mortgage" or applicable portions of the loan documents and, therefore, Plaintiffs allegation directly contradicts the "Suggestion of Death" filed by Plaintiff on 4/18/03 that states: "defendant BLAIR W. TRUMP' is deceased -- date of death on or about 11/14/00"· I ~- ~1~. Plaintiff fails to allege its cause of action in a precise and summary form and there is a patent inconsistency between the "Suggestion of Death" filed by Plaintiff and the averments of its pleading regarding the date the alleged mortgage document was signed. 15, ~1~. As a result of plaintiiTs vagueness in stating the grounds of its pleading, defendant's ability to respond will be unduly impaired. WHEREFORE, Defendant respectfully request that Plaintiffi;' Complaint be dismissed for failure to comply with law. Respectfully submitted, tep 1~ Portl~o,'Esqmre #34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717)432-9706 Attorney for Defi:ndant Anna May Tromp FEDERIVlAN AND PHELAN, LLP BY: Franois S. Hallinan, Esquire Identifieatinn No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Cii t~INANCIAL MORTGAGE COMPANY, INC., F/K/A ASSOCIATES HOME EQUITY SERVICES, INC. BLAIR W. TRUMP ANNA MAY TRUMP Attorney For Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-1054 SUGGESTION OF DEATH RE: DEFENDANT BLAIR W. TRUMP AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: FRANCIS S. HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the Defendant, BLAIR W. TRUMP is deceased -- date of death on or about 11/14/00. Plaintiffhereby releases BLAIR W. TRUMP from liability for the debt secured by the mortgage. As the, property was owned by defendants, BLAIR W. TRUMP AND ANNA MAY TRUMP as tenants by the entireties, upon the death of BLAIR W. TRUMP, ANNA MAY TRUMP became sole owner of the mortgaged premises as surviving tenant by the entirety. Dated: FEDERMAN AND PHELAN /~Arancis S~ Hallinan, Es.quire ttomey for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Preliminary Objections was provided by U.S. Mail, postage prepaid, first class, to the following: Francis S. Hallinan, Esquire FEDERMAN AND PHELAN, LLP One Penn Center Plaza, Suite 1400 Philadelphia, Pennsylvania 19103 Sie~he~ K. l:'ortko -