HomeMy WebLinkAbout00-06848
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IN TtfE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
Bankers Trust Company of California, N.A.,
as Trustee of Mellon Mortgage CRA Mortgage
by Alliance Mortgage Company, Agent, ,
vs,
( ) Confessed Judgment
( ) Other
Timothy D. Book,
File No, OO-fiR4R Civi 1 T"rm
Amount Due $68,164.13
Interest $lS) 41 fi Rq
.K.W~ C1dr#~OO to 3/2/05
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.
Issue writ Of execution in the !\bOve matter to the Sheriff of Cumber land
for debt, interest and costs, upon the following described property of the defendant(s)
411 Fifth Street, New Cumberland, PA 17070
County,
PRAECIPE FOR ATTACHMENT EXECUTION
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),
o (Indicate) Index this writ against the garnishee(s) as a lis penden a
defendant(s) described in the attached exhibit.
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Signature:
Print Name:
t real estate of the
Date
Address:
James F. Grenen, Esquire
Grenen & nlrslc, r.~.
One Gatewav Center, Ninth Floor
Pittsburgh, PA 15222
Attorney for:
Telephone:
Supreme Court 10 No.: .46478
Plaintiff
(412) 281-7650
(over)
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 00-6848 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANKERS TRUST COMPANY OF CALIFORNIA,
N.A., AS TRUSTEE OF MELLON MORTGAGE CRA MORTGAGE, BY ALLIANCE
MORTGAGE COMPANY, AGENT, Plaintiff(s)
From TIMOTHY D. BOOK
(I) 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 hirnlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $68,164.13
Interest FROM 11/4/00 TO 3/2/05 - $35,416.89
L.L.
Ally'S Comm %
Ally Paid $3970.37
Plaintiff Paid
Date: NOVEMBER 17, 2004
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Protho:0 2
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Deputy
7fr/1M:J<. ;--
REQUESTING PARTY:
Name JAMES F. GRENEN, ESQUIRE
Address: GRENEN & BIRSIC, P.c.
ONE GATEWAY CENTER, NINTH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-7650
Supreme Court ill No, 46478
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
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) NO.: 00-6848 CIVIL TERM
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AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS:
Bankers Trust Company of California, N.A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
Plaintiff in the above action, sets forth as of the date the
Praecipe for Writ of Execution was filed the following information
concerning the real property of Timothy D. Book located at 411
Fifth Street, New Cumberland, Pennsylvania 17070 and is more fully
described as follows:
ALL the right, title, interest and claim of Timothy D. Book,
of, in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA,
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CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
1. The name and address of the owner or reputed owner:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 17070
2. The name and address of the defendants in the judgment:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 17070
3. The name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Bankers Trust Company of
California, N.A'i as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Keystone Financial
P.O. Box 1382
Pottsville, PA 17901
4. The name and address of the
mortgage of record:
last record holder of every
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Mellon Bank, N.A.
10 South Market Square
Harrisburg, PA 17112
5. The name and address of every other person who has any record
lien on the property:
None
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6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
Pa. Inheritance Tax Department
Pa Department of Revenue
Bureau of Individual
Taxes
Inheritance Tax Division
Harrisburg, PA 17128-0601
Domestic Relations Office
P.O, Box 320
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
7. The name and address of every other person whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale:
None
I verify that the statements made in the Affidavit are true
and correct to the best of my personal k wledge, information and
belief. I understand that false stateme s rein are made subject
to the penalties of 18 Pa. C.S.A. relating to unsworn
falsification to authorities.
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Grenen, Esquire
for Plaintiff
SWORN to and subscribed before
me thisl-t/tli:;' day of
2004. .
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.,.NG-tary Publlc
Notarial Seal
Joanne M. Wehner, Notary Public
City of Pittsburgh, AUegheny County
My Commission Expires June 19, 2005
Member, Pennsylvania Association of Notanes
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: TIMOTHY D. BOOK
TAKE NOTICE that by virtue of the above Writ of Execution
reissued 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
CUMBERLAND COUNTY COURTHOUSE
SECOND FLOOR
CARLISLE, PENNSYLVANIA 17013
on March 2, 2005 at 10:00 A.M., the following described real
estate, of which Timothy D. Book is the owner or reputed owner:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
The said Writ of Execution has been reissued on a judgment in
the mortgage foreclosure action of
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Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
Timothy D. Book,
Defendant.
at Execution Number 00-6848 Civil Term in the amount of
$103,581.02.
Claims against the property must be filed with the Sheriff
before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
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.
A Writ of Execution 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, Pennsylvania 17013
TELEPHONE: (717) 249-3166
800-990-9108
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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.
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 if 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 or
judgment.
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 of 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 T. SHERIFF.
.C.
By:
'James F. Grenen, Esquire
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A" as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO,: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
LONG FORM DESCRIPTION
ALL THAT CERTAIN piece, parcel or tract of land with the
buildings and improvements thereon erected situate in the First
Ward of the Borough of New Cumberland, Cumberland County,
Pennsylvania, more particularly bounded and described as follows,
to wit:
BEGINNING at an iron pin on the northern right-of-way of Fifth
Street, said point being located South 47 degrees 45 minutes 00
seconds West, for a distance of 150.00 feet from the northwestern
corner of the intersection of Fifth Street ~ith Reno Street; thence
along the northern right-of-way of Fifth Street, South 47 degrees
45 minutes 00 seconds West, for a distance of 25.00 feet to an iron
pin; thence through the center of a party wall and along tax parcel
137, North 42 degrees 15 minutes 00 seconds West, for a distance of
140.00 feet to an iron pin on the southern right-of-way line of
Smith Avenue (20 foot right-of-way); thence along the southern
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right-of-way line of Smith Avenue, North 47 degrees 45 minutes 00
seconds East, for a distance of 25,00 feet to a wood post; thence
along tax parcel #139, South 42 degrees 15 minutes 00 seconds East,
for a distance of 140.00 feet to an iron pin, the point of
BEGINNING.
CONTAINING 3,500 square feet of land according to a survey of
Biscon Land Surveying Co., Inc. dated January 14, 1991. Premises
being known as 411 Fifth Street. Tax Map 24-811, Tax Parcel #138.
BEING the same property which Stephen J. Shuey and Lisa M.
Shuey, his wife, granted and conveyed to Timothy D. Book, by Deed
dated December 6, 1996 and recorded December 12, 1996, in the
Recorder of DeedS Office, Cumberland County, Pennsylvania in Deed
Book Volume 150, Page 541.
By:
J mes F. Grenen, Esquire
A torneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
DBV 150
Page 541
Tax Parcel No. 25-24-0811-138
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
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Robert P Ziegler .
I, _____.____,_______.___,__._,__________________________________________________Flecorderof
Deeds in and for said County and State do hereby certify that the Sherifrs Deed in which ,_______________
Mellon Mtg eRA Tr
___________________________.___________,______________________________,_____,_______ ~ the grantee
the same having been sold to said grantee on the _?_t_J:.______________,_____,_____,___,___________ day of
March .
_________________________,______________ Ao Do, '
0:____, under and by virtue of a wriL_____________
Execution 0 13th
___________ ____________ ___._________ __ ,__ __ ___ __ lSSued on the ______ _______ ___ ______ ________ _______
Dee 00
day of __________________________ A. Do,
Ci vii
_____________________ _________,,,_____ ____________ __ _______ ___________ __ __ _________ Term, :
_____, out of the Court of Cornman Pleas of said County as of
00
. 6848 Mellon Mtg CRA tr
Number _______.___'__, at the suit of _________,_________________________,________________________.__
Timothy D Book
____________________________ ___ __ _ _ against____ ____ _____ __ ____________ __ __ __ ____ ____________ ___ is
241 402
duly recorded in Sherifrs Deed Book No. ____________, Page ____________0
IN TESTIMONY WHEFlEOF, I have hereunto
set my hand and seal of said office this __2?.____ day
of ____)l14.~~____________ Ao Do, 'W_:2.~_'
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Bankers Trust of California as trustee
Of Mellon Mortgage CRA Mortgage, by
Alliance Mortgage Company, agent
-vs-
Timothy D, Book
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No, 2000-6848 Civil
Michael E. Barrick, Deputy Sheriff who being duly sworn according to law, says on January 5, 2001
at 12:54 o'clock P.M. EST, he served a true copy of Real Estate Writ Notice Poster and Description in
the above entitled action upon the within named defendant to wit: Timothy D, Book, by making known
unto Christina Book, Wife at 411 Fifth Street, New Cumberland, Cumberland County, Peunsylvania, its
contents and at the same time handing to her personally the said true and attested copies of the same,
Michael E. Barrick, Deputy Sheriff who being duly sworn according to law, says on January 5, 2001
at 12:54 o'clock P,M,EST, he posted a copy of Real Estate Writ Notice Poster and Description on 1he
property of Timothy D, Book located at 411 Fifth Street, New Cumberland, Cumberland County,
Pennsylvania according to law,
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real
Estate Writ Notice Poster and Description in the following manner: The Sheriff m ailed a notice of the
pendency of the action to the defendant Timothy D, Book by regular mail to his last known address 411
Fifth Street, New Cumberland, Pennsylvania, This letter was mailed under the date of January 8, 2001
and never returned to the Sheriff's Office,
R. Thomas Kline, Sheriff, who being duly sworn according to law, exposed the within premises
at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 7,
2001 at 10:00 o'clock A.M" E,S,T, and sold the same for the sum of$1.00 to Attorney Steven Feinour
for Bankers Trust Company ofCaliforuia, N,A., as Trustee of Mellon Mortgage CRA Mortgage. It
being the highest bid and the best price received for the same Bankers Trust Company of Califoruia,
N.A., as Trustee of Mellon Mortgage CRA Mortgage, of 1761 East Saint Andrews Place, Santa Ana,
Califoruia, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $851.56 it being
costs,
Sheriff s Costs
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
30,00
16,70
15,00
15,00
30,00
10,00
.50
1.00
10,54
2.30
15,00
20.00
325,85
281.64
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Share of Bills
Distribution of Proceeds
Sheriffs Deed
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25,53
25,00
2L2.Q
$851.56paid by attorney
03-21-0l
Sworn and subscribed to before me
This I: ~ day of Q~.J
200lA,D, ~r' a. ~,~
Pro 0 otary
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R. Thomas Kline, s'riff
BY~t:,_..A ~
Real Estate Deputy
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
)
)
)
)
)
) NO.: 00-6848 CIVIL TERM
)
)
)
)
)
)
)
)
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Bankers Trust Company of California, N.A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
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 of Timothy D. Book located
at 411 Fifth Street, New Cumberland, Pennsylvania 17070 and is more
fully described as follows:
ALL the right, title, interest and claim of Timothy D. Book,
of, in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF'
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
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KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
1. The name and address of the owner or reputed owner:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 17070
2. The name and address of the defendants in the judgment:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 17070
3. The name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
Keystone Financial
(PLAINTIFF)
1 West High Street
Carlisle, PA 17013
4. The name and address of the last record holder of every
mortgage of record:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage company Agent
(PLAINTIFF)
5. The name and address of every other person who has any record
lien on the property:
Pa. Inheritance Tax Department
Domestic Relations Office
Pa Department of Revenue
Bureau of Individual
Taxes
Inheritance Tax Division
Harrisburg, PA 17128-0601
P.O. Box 320
Carlisle, PA 17013
6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
None
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7. The name and address of every other person whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale:
None
I verify that the statements made in the Affidavit are
true and correct to the best of my personal knowledge, information
and belief. I understand that false s herein are made
subject to the penalties of 18 Pa. C.S relating to unsworn
falsification to authorities.
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Grenen, Esquire
for Plaintiff
SWORN to and subscribed before
me this ~--p::c; day Of~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: TIMOTHY D, BOOK
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
CUMBERLAND COUNTY COURTHOUSE
SECOND FLOOR
CARLISLE, PENNSYLVANIA 17013
on March 7, 2001, at 10.00 A.M., the following described real
estate, of which Timothy D. Book is the owner or reputed owner:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500. SQUARE FEET OF LAND ACCORDING TO A SURVEY OF'
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
The said Writ of Execution has been issued on a judgment in
the mortgage foreclosure action of
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Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
Timothy D. Book,
Defendant.
at Execution Number 00-6848 Civil Term in the amount of $70,305.52.
Claims against the property must be filed with the Sheriff
before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution,
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.
A Writ of Execution 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 YOU].
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.
LAWYER REFERRAL SERVICE
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, Pennsylvania 17013
TELEPHONE:
(717) 240-6200
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 00-6848 CIVIL TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
To satisfy the debt, interest and costs due Bankers Trust Company of California, as Trustee of
Mellon MOrtgage CRA Mortgage, by Alliance Mortgage company, Agent PLAINTIFF(S)
from Tirrmothy D. Book, 411 Fifth Street, New Cumberland, PA 17070
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(~) and to sell See Legal Description
(2) You are also directed to,attachthe property of the defendant(s) not levied upon in the possession of __
GARNISHEE(S) as follows:
and to notny 1/1, garnishee(s) that: (a) an attactiment has been issued; (b) the garnishee(s) is/are enjoined from payin!l any
debt to or for'the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise dispt)sing
thereof;c '
(3) " If property ofthe defendant(s) not levied upon an subjectto attachment is found inthe 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, o.
c.
~rAount Due
$hR,lh4 n
L.L.
$.50
$1. 00
'.""
Interesi 11/14/00
Atty's Comm
Atty Paid
Plaintiff Paid
to 3/7/01 - $2.141.39
%
Due Prothy
Other Costs
$110.54
Date:
December 13, 2000
Curtis R. Long
Prothonotary, Civil Division
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D,eputy
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REQUESTING PARTY:
James F. Grenen, Esq.
one Gateway Center, Nine West
pittsburgh, PA 15222
plaintiff
Name
Address:
Attorney for:
Telephone:
Supreme Court ID No.
412-281-7650
46478
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REAL ESTATE SALE No.37
o J1 ~ IS, ~ the sheriff levied upon the defentl<H;,.
interest in the real property situated inqUuJ I~. ",1.<..1....1 tS-n-f-
Cumberland County, Pa., knO'Nil and numbered as:~/I J $'~
/fLW tvwJ.LJ...and more h!i!iscribed on Exhibit "A" filed with
this writ and by this reference incorporated herein.
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"REAL ESTATE SAI:E No::rf'
Writ No, 2OOIHl848 ClvllTenn
Sank.ersTrust Company or.
California, N,A., aslrustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent
v.
llmolltV 0, Book
Atly~.Jal'/les Grenen
, . DESCRIPTION
ALL mAT CERTAIN ptece, pared or tract of
land with the bllild~~ and improvemenlS
, thaeOll erected situate m the Firs.t Ward of the
Borough of New Cllm~r!and, Cumberland
County, I\mnsvlvan;.), more particu1ady bounded
3.nd described'as fQllows, to wit:
BEGINNING at an, iron pin on the northetn
right-of-wav of Fifth Streel( said point being
located South 47 degrees 45 minutes 00 seconds
Wes~ for a distance of 150,00 feet from the
northwestern torner of the intersection of fifth
Street \..ith Reoo S~t; the~ atMg the
I10rthem right-of-way oi Fifth Stree~ South 47
al!grees 45 minutes 00 seconds West,. for a
distance of 25.00 .fuet to an iron pin; thence
through the ('enter of a party wall and along tax
parcel 137, North 42 degrees 15 minutes' 00
-seconds West, for a distance of 140.00 feet to .m
iron pin on the wuthem~' ht-of-way line of
Sri1iili Avenue (20 {(lot ri t--af.wayl: theIKe
i1tong the southern rlght-"'{\ -way line of Smith
, Avenue. North 47 degees 45 mblutes 00 seconds
Eo!s~ for a distance of 25.{)O feet to a wood post;
, thence along tax parcel #]39, South 42 degrees 15
minutes 00 seconds East, for a dlst.trlct' of 140,00
feet to an iron pin,. the point of'i3EGlNNING.
CONTAINING 3,;00 squ,,,, feet of \and
according to a survey (If BiscQn Land SUlVrnng
(0'1 [nc.. dated Jan\l..lry to/., 1991, Premises being
known as 411 Fifth Street. Tax Map 24-811- Tax
ParceJ#138,
.' BEING the same property whidt Stephen J.
, Shuey and Usa M. ShueJ.~ his wife, granted and
! conv~d to Timothy D. Book, by Deed dated
Oewnber 6, 1996 a.nd recorded 'December 12,
t~,6. in the Recosdec of Deeds Office,
, C;:umberland County, Pennsylvania in Deed Book
Volume 150, Page 541.
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No, 587, Approved May 16. 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Michael Morrow being duly sworn according to law. deposes and says:
That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the iaws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Strellt, in
the City of Harrisburg. County of Dauphin. State of Pennsylvania, owner and publisher of The Patriot-News and The
Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street. in the
City. County and State aforesaid: that The Patriot-News and The Sunday Patriot-News were established March 4th.
1854. and September 18th. 1949, respectively. and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their reguiar daiiy andlor Sundayl Metro editions which appeared on the 30th day(s) of January and the 6th and
13th day(s) of February 2001, That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time. place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recordlld in
the office for the Recording of Deeds In and for said County. of Dau hin in Miscellaneous Book "M",
Volume 14, Page 317,
PUBLICATION
COpy
S ALE # 37
Nolanal S
Terry L. Russell, Notary Public
Harrisburg, Dauphin County
My Commission Expires June 6, 2002
Member, Pennsylvania Association of Notaries
commission expires June 6. 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
,
Statement of Advertising Costs
To THE PATRIOT-NEWS CO" Dr.
For publishing the notice or publication attached
hereto on the above stated dates $
Probating same Notary Fee(s) $
Total $
280.14
1.50
281.'64
,
t
Publisher's Receipt for Advertising Cost
The Patriot News Co" publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By.................................,.,.,.....,.,..........,...........
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REl\L ESTATE SALE NO. 37
Wril No. 2000-6848 Civil
Bankers Trust Company of
California. N.A., as Truslee of
Mellon Mortgage CRA Mortgage.
By Alliance Mortgage
Company. Agenl
vs.
TImothy D. Book
Atty,: James Grenen
ALL THAT CERTAIN piece. par-
cel or tract of land with the build-
ings and improvements thereon
erected Situate in the First Ward of
the Borough of New Cumberland.
Cumberland County, Pennsylvania.
more particularly bounded and de-
scribed as follows. to wit:
BEGINNING at an iron pin on
lhe norlhern rtght-of-way of F:iflh
Street, said point being located
South 47 degrees 45 minutes 00
seconds West, for a distance of
150,00 feet from the northwestern
comer of the intersection of Fifth
Street with Reno Street; thence
along the northern right-of-way of
Fifth Street, Soulh 47 degrees 45
minutes 00 seconds West, for a dis-
tance of 25,00 feet to an iron pin;
thence through the center of a party
wall and along tax parcel 137, North
42 degrees 15 nnnutes 00 seconds
West, for a distance of 140.00 feet
to an iron pin on the southern right-
of-way line of Smith Avenue (20 fool
right-of-way); thence along the
southern light-ot-way line of Smith
Avenue. North 47 degrees 45 min-
utes 00 seconds East, for a dis-
tance of 25,00 feet to a wood post;
thence along tax parcel #139, South
42 degrees 15 minutes 00 seconds
East. for a distance of 140.00 feet
to an tron pin. the point of BEGIN~
NING.
CONTAINING 3.500 square feel
of land according to a survey of
Biscon Land Surveying Co" Inc.
dated January 14, 1991. Premises
being known as 411 Fifth Street.
Tax Map 24-811. Tax Parcel #138.
BEING the same property which
Stephen J. Shuey and Usa M. Shuey.
his wife, granted and conveyed to
Timothy D. Book. by Deed daled
December 6. 1996 and recorded
December 12. 1996, in the Recorder
of Deeds Office, Cumberland Coun-
ty, Pennsylvania in Deed Book Vol-
ume 150, Page 541.
Tax Parcel No. 25-24-0811-138.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No, 587, approved May l6, 1929), p, L.l784
STATE OF PENNSYLVANIA :
55.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
JANUARY 19,26, FEBRUARY 2, 2001
Affiant further deposes that he is authorized to veriJy this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true,
RX~tor
SWORN TO AND SUBSCRIBED before me this
2 day of FEBRUARY. 2001
NO A Al SEAL
LOIS E. SNYOE.R, Notary Public
CarlW. Boro. C...b.......dCaunty. PA
My Commission Expir" March' 5, 2001
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
Bankers Trust Company of California,
N,A" as Trustee of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage Company,
Agent,
Plaintiff,
) CNIL DNISION
)
)
)
) NO,: 00-6848 Civil Term
)
)
)
)
)
)
)
vs,
Timothy D, Book,
Defendants,
ORDER OF COURT
AND NOW, this ~(,~ daYOf~ ,2002, upon consideration of the
Motion to Vacate Sheriffs Sale and Strike Sheriffs Deed, it is hereby ORDERED, ADJUDGED
and DECREED that the Sheriffs Sale of the mortgaged premises, cOmn1onlyknown as 4ll Fifth
Street, New Cumberland, Pennsylvania 17070, conducted on March 12, 2001 by the Sheriff of
Cumberland County is V ACA TED, and the Sheriff of Cumberland County is directed to rescind and
vacate said sale, It is further ORDERED, ADJUDGED and DECREED that the Recorder of Deeds
of Cumberland County shall strike the Sheriff s Deed conveying the mortgaged premises to Plaintiff,
Bankers Trust Company of California, N ,A., as Trustee of Mellon Mortgage CRA Mortgage, which
was recorded on March 23,2001 in Deed Book Volume 241, Page 402.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL V ANlA
Bankers Trust Company of California, ) CNIL DNISION
N.A., as Trustee of Mellon Mortgage CRA )
Mortgage, by Alliance Mortgage Company, )
Agent, )
) NO,: 00-6848 Civil Term
)
Plaintiff, )
) ISSUE NUMBER:
vs, )
)
Timothy D, Book, ) TYPE OF PLEADING:
)
) MOTION TO VACATE SHERIFF'S SALE
Defendants, ) AND STRIKE SHERIFF'S DEED
)
)
) CODE-
)
)
) FILED ON BEHALF OF PLAINTIFF:
)
) Bankers Trust Company of California, N,A"
) As Trustee of Mellon Mortgage CRA Mortgage,
) By Alliance Mortgage Company, Agent
)
)
)
) COUNSEL OF RECORD FOR TillS
) PARTY:
)
) Sheri L. Geis, Esquire
) Pa. I.D, # 83850
)
)
) GRENEN & BIRSIC, P,C.
) One Gateway Center
) Nine West
) Pittsburgh, PA 15222
) (412) 281-7650
)
)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
Bankers Trust Company of California,
N.A" as Trustee of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage Company,
Agent,
Plaintiff,
) CNIL DIVISION
)
)
)
) NO,: 00-6848 Civil Term
)
)
)
)
)
)
)
vs,
Timothy D, Book,
Defendants,
MOTION TO VACATE SHERIFF'S SALE
AND STRIKE SHERIFF'S DEED
Plaintiff, Bankers Trust Company of California, N,A" as Trustee of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage Company, Agent, by and through its attorneys, Grenen & Birsic,
P,C" files this Motion to Vacate Sheriffs Sale and Strike Sheriffs Deed as follows:
1. Plaintiff initiated this action by filing a Complaint in Mortgage Foreclosure at the
above-captioned number and term on or about October 5, 2000,
2. On or about November 15,2000, Plaintiff obtained judgment in mortgage foreclosure
against the Defendant.
3, Pursuant to said judgment, Plaintiff filed a Praecipe for Writ of Execution with the
Prothonotary of Cumberland County, causing the mortgaged premises commonly known as 411 Fifth
Street, New Cumberland, Pennsylvania 17070 (hereinafter "Mortgaged Premises") to be scheduled
for sheriffs sale on March 7, 2001.
4, Plaintiff was the successful bidder at the sale,
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5, A deed was issued by the Sheriff of Cumberland County to convey the Mortgaged
Premises to Plaintiff,
6. Said Sheriffs Deed was recorded in the Office of the Recorder of Deeds of
Cumberland County on March 23, 2001, at Deed Book Volume 241 Page 402.
7, Subsequent to the sheriff s sale, Plaintiff was informed for the first time that the
Defendant filed a voluntary petition under Chapter 7 of the Bankruptcy Code on January 5, 2001.
8, Despite the fact that the Defendant was personally served with notice ofthe sale on
December 29,2000, the Defendant failed to notify Plaintiff and/or the Sheriff of Cumberland County
of his bankruptcy filing prior to the sale,
9, After learning ofthe Defendant's bankruptcy filing, Plaintiff filed a Motion to Annul
the Automatic Stay and Ratify Foreclosure Sale in the United States Bankruptcy Court for the
Middle District ofPennsylvauia at case number l-01-00066-RJW,
10, On September 27, 200l, an order was entered by the Bankruptcy Court annulling the
stay retroactive to the date of the bankruptcy filing and ratifying the sheriffs sale held on March 12,
2001.
11, On or about October 22, 2001, the Defendant filed a Motion for Reconsideration of
the Bankruptcy Court's September 27,2001 Order.
12. On December 4, 200l, the Bankruptcy Court entered an order vacating its prior order
dated September 27,2001 and rendering the March 12, 200l sheriffs sale conducted in the above
captioned foreclosure action as void. A true and correct copy of said Order is marked as Exhibit "A"
and attached hereto.
13. Pursuant to the Bankruptcy Court's December 4,2001 Order, Plaintiff wishes to
rescind the Sheriff's Sale of the Mortgaged Premises that was conducted by the Sheriff of
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Cumberland County on March l2, 2001, and to strike the Sheriffs Deed that was recorded in the
Office of the Recorder of Deeds of Cumberland County on March 23, 200l at Deed Book Volume
241, Page 402,
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order
directing the Sheriff of Cumberland County to rescind the March 12, 2001 Sheriffs Sale of the
Mortgaged Premises, and directing the Office of the Recorder of Deeds of Cumberland County to
strike the Sheriffs Deed conveying the Mortgaged Premises to Plaintiff,
GRENEN & BIRSIC, P,C,
BY: 5?11g~ #<. c;:; 0; ,).-/
Sheri L. Geis, Esquire
Pa, I.D. #83850
Attorneys for Plaintiff
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
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Exhibit "A"
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF PENNSYLVANIA
1\ t I -',; r~ '"
,...~, b iI/I: 0
DEe 06/001
INRE
TIMOTHY D. BOOK,
1-0] -00066
Debtors
Chapter 7
BANKERS TRUST COMPANY
or CALIFORNIA, NA, AS
TRUSTEE OF MELLON
MORTGAGE CRA MORTGAGE
,
BY ALLIANCE MORTGAGE
COMPANY, AGENT,
Movant
" "9 PI'<
Harns0tll ,
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f\l'~~~:~;t~!~u:.-:J
---:--~, court
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C\8~1", J: .........,' 'oe9uty C et
Pel
v,
TIMOTHY D BOOK AI\fD
. ,
MARKIAN R SLOBODIAN,
TRUSTEE,
Respondent
ORDER OF COURT
AND NOW, this 1-jfh day of ~~emj().!(2001, it is hereby ORDERED,
ADJUDGED and DECREED AS FOLLOWS
1. The Order of Court entered on September 27, 200l is hereby VACATED,
2, The Sale held by the Sheriff of Cumberland County, Pennsylvania on
. March ]2,200] pursuant to a Writ of Execution issued on a Judgment in
Foreclosure entered against the. Debtor and affecting the Debtor's real
propefty commonly known as 411 Fifth Street, New Cumberland,
Pennsylvania 17070, is VOID.
BY THE COURT:
/s/ ROLUI ,Y.
Robert 1. Woodside
Chief US. Bankruptcy Judge
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
Bankers Trust Company of California,
N,A., as Trustee of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage Company,
Agent,
Plaintiff,
) CIVIL DIVISION
)
)
)
) NO,: 00-6848 Civil Term
)
)
)
)
)
)
)
vs,
Timothy D, Book,
Defendants,
ORDER OF COURT
AND NOW, this
day of
,2002, upon consideration of the
Motion to Vacate Sheriffs Sale and Strike Sheriffs Deed, it is hereby ORDERED, ADJUDGED
and DECREED that the Sheriffs Sale of the mortgaged premises, commonly known as 411 Fifth
Street, New Cumberland, Pennsylvania 17070, conducted on March 12, 2001 by the Sheriff of
Cumberland County is VACATED, and the Sheriff of Cumberland County is directed to rescind and
vacate said sale. It is further ORDERED, ADJUDGED and DECREED that the Recorder of Deeds
of Cumberland County shall strike the Sheriff s Deed conveying the mortgaged premises to Plaintiff,
Bankers Trust Company of California, N,A., as Trustee of Mellon Mortgage CRA Mortgage, which
was recorded on March 23,2001 in Deed Book Volume 241, Page 402,
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
Bankers Trust Company of California,
N,A., as Trustee of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage Company,
Agent,
Plaintiff,
) CIVIL DMSION
)
)
)
) NO,: 00-6848 Civil Term
)
)
)
)
)
)
)
vs,
Timothy D, Book,
Defendants,
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Motion to
Vacate Sheriffs Sale and Strike Sheriffs Deed was served on the following this I '6#1. day of
,\ u o. t ' 2002, by fust class mail, postage prepaid:
Keith B, DeArmond, Esquire
951 Rohrerstown Road, Suite 102
Lancaster, PA l760l
Timothy D, Book
411 Fifth Street
New Cumberland, P A 17070
Charles J, DeHart, III, Trustee
P,O, Box 410
Hummelstown, P A 17036
GRENEN & BIRSIC, P ,C,
BY: ~{?(( CI< 6P"' ~ ~
Sheri L. Geis, Esquire
Pa, LD, #83850
Attorneys for Plaintiff
One Gateway Center
Nine West
Pittsburgh, PA l5222
(412) 281-7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
Bankers Trust Company of California, as Trustee
of Mellon Mortgage CRA Mortgage, by Alliance
Mortgage Compnay, Agent,
vs.
( ) Confessed Judgment
( ) Other
File No. 00-6848 Civil Term
Amount Due ~68,164.13
Interest i+ . 0 l1 S m ~S
from 11/ /V 0 'Y v
Atty's Comm
Costs
Timothy D. Book,
.j
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 ona 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,
Issue writ of execution in the. above mailer 10 tbe St\eriff of Cumber land
for debt, interest and costs, upon the following descdbec(property 0f the defeildant(s)
411 Fifth Street, New Cumberland, PA 17070 '
County,
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheri.ff 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 gamishee(s).
o (Indicate) Index this writ against the garnishee(s) as a lis penden
defendant(s) described in the attached exhibit.
)~Lf--U;
Signature:
Print Name:
Jam F. Grenen, Esquire
Grenen ~ ~lrslc, r.c.
One Gateway Center, Nine West
Pittsburgh, PA 15222
Date
Address:
Attorney for:
Telephone:
Supreme Court 10 No,:
Plaintiff
(412) 281-7650
46478
(over)
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WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 00-6848 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANKERS TRUST COMPANY OF CALIFORNIA, AS
TRUSTEE OF MELLON MORTGAGE CRA MORTGAGE, BY ALLIANCE MORTGAGE
COMPANY, AGENT, Plaintiff(s)
From TIMOTHY D. BOOK, 411 FIFTH STREET, NEW CUMBERLAND, P A 17070
(1) You are directed to levy upou 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 garuishee( s) that: ( a) an attachment has been issued; (b) the garnishee( s) is enj oined 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 attachmeut is found in the possession
of anyone other than a named garnishee, you are directed to notify hirnlher lhat he/she has been added as a
garnishee and is enjoined as above stated,
Amount Due $68,164.13
Iuterest FROM 11/4/00 TO 9/3/03 - $15,906.58
L.L.
Arty's Connn %
Due Prothy $1.00
Other Costs
Arty Paid $1004.60
Plaintiff Paid
Date: MAY 13, 2003
CURTIS R. LONG
(Seal)
prothon~ Q 7If
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Deputy
REQUESTING PARTY:
Name JAMES F. GRENEN, ESQUIRE
Address: GRENEN & BIRSIC, P.C.
ONE GATEWAY CENTER, NINE WEST
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-7650
Supreme Court ill No, 46478
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant,
LONG FORM DESCRIPTION
ALL THAT CERTAIN piece, parcel or tract of land with the
buildings and improvements thereon erected situate in the First
Ward of the Borough of New Cumberland, Cumberland County,
Pennsylvania, more particularly bounded and described as follows,
to wit:
BEGINNING at an iron pin on the northern right-of-way of Fifth
Street, said point being located South 47 degrees 45 minutes 00
seconds West, for a distance of 150.00 feet from the northwestern
corner of the intersection of Fifth Street with Reno Street; thence
along the northern right-of-way of Fifth Street, South 47 degrees
45 minutes 00 seconds West, for a distance of 25.00 feet to an iron
pin; thence through the center of a party wall and along tax parcel
137, North 42 degrees 15 minutes 00 seconds West, for a distance of
140.00 feet to an iron pin on the southern right-of-way line of
Smith Avenue (20 foot right-of-way); thence along the southern
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right-of-way line of Smith Avenue, North 47 degrees 45 minutes 00
seconds East, for a distance of 25.00 feet to a wood post; thence
along tax parcel #139, South 42 degrees 15 minutes 00 seconds East,
for a distance of 140.00 feet to an iron pin, the point of
BEGINNING.
CONTAINING 3,500 square feet of land according to a survey of
Biscon Land Surveying Co" Inc. dated January 14, 1991. Premises
being known as 411 Fifth Street. Tax Map 24-811, Tax Parcel #138.
BEING the same property which Stephen J. Shuey and Lisa M.
Shuey, his wife, granted and conveyed to Timothy D. Book, by Deed
dated December 6, 1996 and recorded December 12, 1996, in the
Recorder of Deeds Office, Cumberland County, Pennsylvania in Deed
Book Volume 150, Page 541.
SIC, P.C.
By:
Jam F. Grenen, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
DBV 150
Page 541
Tax Parcel No. 25-24-0811-138
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
pla.intiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
AFFIDAVIT OF LAST KNOWN ADDRESS
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me, the undersigned authority, a Notary Public in and
for the said County and Commonwealth, personally appeared James F.
Grenen, attorney for the Plaintiff, who being duly sworn according
to law deposes and says that the owner of the property located at
411 Fifth Street, New Cumberland, Pennsylvania 17070 is Defendant,
Timothy D. Book, whose last known address is 411 Fifth Street, New
Cumberla.nd, Pennsylvania 17070, to t
his information,
knowledge and belief.
SWORN TO AND SUBSCRIBE
ME THIS
r~
DAY 0
Notanal Seal
Joanne M. Wehner, Notary Public
City of Pittsburgh. Allegheny COUllty
My Commission Expires June 1 g, 2(i(}5
Member. PennsylVanlaAssoclatlonofNotaries
2003.
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Nota.ry Public
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974. 41 P.S.I0l. ET. SEO.
AND ACT 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me, the undersigned authority, a Notary Public in and
for the said County and Commonwealth, personally appeared James F.
Grenen, attorney for the plaintiff, who being duly sworn according
to law deposes and says that on May 10, 2000, Defendant was mailed
a Notice of Homeowner's Emergency Mortgage Assistance Act of 1983
and an Act 6 Notice of Intention to Foreclose by certified mail,
.S. Mail.
return receipt requested, and tirs
SWORN TO ~:UBSCRIB
ME THIS ~ DAY OF
, 2003.
----.Notary Public
,- - Nolalial Seal ,
Joanne M. Wehner, Notary Public
City cf pittsburgh, ~lIegheny f8u~~5
My Commission ExpIres June , .
Memoer. pennsylvaniaAsscciatiCnofNotanes
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
CIVIL DIVISION
)
)
)
)
)
) NO.: 00-6848 CIVIL TERM
)
)
)
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AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS:
Bankers Trust Company of California, N .A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
Plaintiff in the above action, sets forth as of the date the
Praecipe for Writ of Execution was filed the following information
concerning the real property of Timothy D. Book located at 411
Fifth Street, New Cumberland, Pennsylvania 17070 and is more fully
described as follows:
ALL the right, title, interest and claim of Timothy D. Book,
of, in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
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CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
1. The name and address of the owner or reputed owner:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 17070
2. The name and address of the defendants in the judgment:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 17070
3. The name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Keystone Financial
P.O. Box 1382
Pottsville, PA 17901
4. The name and address of the last record holder of every
mortgage of record:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Mellon Bank, N.A.
10 South Market Square
Harrisburg, PA 17112
5. The name and address of every other person who has any record
lien on the property:
None
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6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
pa. Inheritance Tax Department
Pa Department of Revenue
Bureau of Individual
Taxes
Inheritance Tax Division
Harrisburg, PA 17128-0601
Domestic Relations Office
P.O. Box 320
Carlisle, PA 17013
Commonwealth of pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
7. The name and address of every other person whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale:
None
I verify that the statements made in the Affidavit are true
and correct to the best of my personal k wledge, information and
belief. I understand that false stateme s rein are made subject
to the penalties of 18 Pa. C.S.A. !i 9 relating to unsworn
falsification to authorities.
?~-7
James F. Grenen, Esquire
Attorney for Plaintiff
SWORN to and subscrib
me this ~day of
2003.
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Notary Publ ic Notarial Seal
. Joanne M, Wehner, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires June 19, 2005
Member, PennsyfvaniaAssociationofNotaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
plaintiff,
NO,: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: TIMOTHY D. BOOK
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
CUMBERLAND COUNTY COURTHOUSE
SECOND FLOOR
CARLISLE, PENNSYLVANIA 17013
on September 3, 2003, at 10.00 A.M., the following described real
estate, of which Timothy D. Book is the owner or reputed owner:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
The said Writ of Execution has been issued on a judgment in
the mortgage foreclosure action of
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Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
Timothy D. Book,
Defendant.
at Execution Number 00-6848 Civil Term in the amount of $84,070.71.
Claims against the property must be filed with the Sheriff
before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
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.
A Writ of Execution 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, Pennsylvania 17013
TELEPHONE: (717) 249-3166
800-990-9108
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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.
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 if 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 or
judgment:
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 of 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 T RIFF.
By:
ames F. Grenen, Esquire
Attorney for Plaintiff
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SALE DATE: SEPTEMBER 3, 2003
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF )
CALIFORNIA, N.A., as Trustee )
of Mellon Mortgage CRA Mortgage,)
by Alliance Mortgage Company, )
Agent, )
)
Plaintiff, )
)
vs. )
)
TIMOTHY D. BOOK, )
)
)
Defendant. )
)
)
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CIVIL DIVISION
NO.: 00-6848 CIVIL TERM
ISSUE NUMBER:
TYPE OF PLEADING:
Pa. R.C.P. RULE 3129,2(c) (2)
LIENHOLDER AFFID~VIT OF
SERVICE
CODE -
FILED ON BEHALF OF:
BANKERS TRUST COMPANY OF
CALIFORNIA, N .A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent, Plaintiff
COUNSEL OF RECORD FOR THI S
PARTY:
James F. Grenen, Esquire
Pa. I.D. 46478
GRENEN & BIRSIC, P.C.
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF )
CALIFORNIA, N.A., as Trustee )
of Mellon Mortgage CRA )
Mortgage, by Alliance Mortgage )
Company, Agent, )
)
Plaintiff, )
)
vs. )
)
TIMOTHY D. BOOK, )
)
)
Defendant. )
NO.: 00-6848
Pa. R.C.P. RULE 3129.2 (cl (2)
LIENHOLDER AFFIDAVIT OF SERVICE
I, James F. Grenen, Attorney for Plaintiff, Bankers Trust
Company of California, N.A., as Trustee of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage Company, Agent, being duly sworn
according to law, deposes and makes the following Affidavit
regarding service of the notice of the sale of real property on all
persons named in Paragraphs 3 through 7 of Plaintiff's Affidavit
Pursuant to Rule 3129.1 as follows:
1. By letters dated May 15, 2003, undersigned counsel
served all persons (other than the Plaintiff) named in Paragraphs
3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with
a notice of the sale of real property by ordinary mail at the
respective addresses set forth in the Affidavit Pursuant to Rule
3129.1. A true and correct copy of said Affidavit Pursuant to Rule
3129.1 is marked Exhibit "A", attached hereto, and made a part
hereof.
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2 . Undersigned counsel obtained aU. S. Postal Service Form
3817 Certificate of Mailing for each letter.
True and correct
copies of the Certificates of Mailing and any letters, if returned
as of this date, are marked collectively as Exhibit "B", attached
hereto and made a part hereof.
I verify that the facts contained in this Affidavit are true
and correct based upon my personal knowledge, information and
belief.
BY:
P.C.
es F. Grenen, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
me thisS--U... day Of~003.
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-' Notarial Seal .
Joanne M, Wehner, Notary PublIc
City of pittsburgh, ",negJheny ~u~lfu5
My Commission Expires une I. .
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
CIVIL DIVISION
)
)
)
)
)
) NO.: 00~6848 CIVIL TERM
)
)
)
)
)
)
)
)
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
Bankers Trust Company of California, N .A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
Plaintiff in the above action, sets forth as of the date the
Praecipe for Writ of Execution was filed the following information
concerning the real property of Timothy D. Book located at 411
Fifth Street, New Cumberland, Pennsylvania 17070 and is more fully
described as follows:
ALL the right, title, interest and claim of Timothy D. Book,
of, in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
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CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
1- The name and address of the owner or reputed owner:
Timothy D. Book 411 Fifth Street
New Cumberland, PA 17070
2. The name and address of the defendants in the judgment:
Timothy D. Book 411 Fifth Street
New Cumberland, PA 17070
3. The name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Keystone Financial
P.O. Box 1382
Pottsville, PA 17901
4. The name and address of the last record holder of every
mortgage of record:
Bankers Trust Company of
California., N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Mellon Bank, N.A.
10 South Market Square
Harrisburg, PA 17112
5. The name and address of every other person who has any record
lien on the property:
None
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6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
Pa. Inheritance Tax Department
Pa Department of Revenue
Bureau of Individual
Taxes
Inheritance Tax Division
Harrisburg, PA 17128-0601
Domestic Relations Office
P.O. Box 320
Carlisle, PA 17013
Commonwealth of pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
7. The name and address of every other person whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale:
None
I verify that the statements made
and correct to the best of my personal
belief. I understand that false stateme
to the penalties of 18 Pa. C.S.A. !!
falsification to authorities.
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in the Affidavit are true
wI edge , information and
s rein are made subject
9 relating to unsworn
James F. Grenen, Esquire
Attorney for Plaintiff
SWORN to and subs crib
me this ~. day of
2003.
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Nota . public NoIanalSeal
ry Joanne M. Wehner, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires June 19, 2005
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Bankers Trust Company of California
N.A., as Trustee of Mellon Mortgage
CRA Mortgage, by Alliance Mortgage
Company, Agent
VS
Timothy D. Book
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2000-6848 Civil Term
R. Thon:J.as Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED. Property located at 411 Fifth Street, New Cumberland,
Pennsylvania 17070 was sold at Sheriffs Sale on September 3,2003. Successful buyer
defaulted on payment of bid and therefore did not comply with the terms of sale. Prior to
property being resold according to the terms of sale, the defendant, Timothy D. Book,
filed bankruptcy. No action has been taken in the last six months by the foreclosing
creditor's attorney, James F. Grenen.
Slieriffs Costs:
Docketing
Pourtdage
Advertising
Posting Handbills
Levy
Surcharge
Service
Law Journal
Patriot News
Law Library
Prothonotary
Legal Search
Auctioneer
Share of Bills
30.00
1980.02
15.00
15.00
15.00
20.00
23.46
330.50
281.89
1.00
200.00
10.00
28.90
$2950.77 paid by attorney
03/24/04
Sworn and subscribed to before me S~s:
This d..q 'Eday of ~ ~ - t'<t: ~-..t'
,/~ . . >- Thomas Kline,. Sheriff
2004,A.D.\.._, Q.~.~ r~ l' ~,n
BY\0e ,l~
Prothonotary Real Esta e Deputy
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
)
)
)
)
)
) NO.: 00~6a48 CIVIL TERM
)
)
)
)
)
)
)
)
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS:
Bankers Trust Company of California, N.A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
Plaintiff in the above action, sets forth as of the date the
Praecipe for Writ of Execution was filed the following information
concerning the real property of Timothy D. Book located at 411
Fifth Street, New Cumberland, Pennsylvania 17070 and is more fully
described as follows:
ALL the right, title, interest and claim of Timothy D. Book,
of, in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
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CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
l. The name and address of the owner or reputed owner:
Timothy D. Book 411 Fifth Street
New Cumberland, PA 17070
2. The name and address of the defendants in the judgment:
Timothy D. Book 411 Fifth Street
New Cumberland, PA 17070
3 . The name and last known address of every judgment credi tor
whose judgment is a record lien on the real property to be sold:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Keystone Financial
P.O. Box 1382
Pottsville, PA 17901
4. The name and address of the last record holder of every
mortgage of record:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Mellon Bank, N.A.
10 South Market Square
Harrisburg, PA 17112
5. The name and address of every other person who has any record
lien on the property:
None
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6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
Pa. Inheritance Tax Department
Pa Department of Revenue
Bureau of Individual
Taxes
Inheritance Tax Division
Harrisburg, PA 17128-0601
Domestic Relations Office
P.O. Box 320
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
7. The name and address of every other person whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale:
None
I verify that the statements made in the Affidavit are true
and correct to the best of my personal k wI edge , information and
belief. I understand that false stateme s rein are made subject
to the penalties of 18 Pa. C.S.A. !l 9 relating to unsworn
falsification to authorities.
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James F. Grenen, Esquire
Attorney for Plaintiff
SWORN to and subscrib
me this ~.. day of
2003.
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Notary Public NolarialSeaJ
Joanne M. Wehner, Notary Public
City of Pjtts.burgh, Allegheny County
My Commission Expires June 19, 2005
Member, PennsylvaniaAssociatlonot Notane.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: TIMOTHY D. BOOK
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
CUMBERLAND COUNTY COURTHOUSE
SECOND FLOOR
CARLISLE, PENNSYLVANIA 17013
on September 3, 2003, at 10.00 A.M., the following described real
estate, of which Timothy D. Book is the owner or reputed owner:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
The said Writ of Execution has been issued on a judgment in
the mortgage foreclosure action of
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Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
Timothy D. Book,
Defendant.
at Execution Number 00-6848 Civil Term in the amount of $84,070.71.
Claims against the property must be filed with the Sheriff
before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
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.
A Writ of Execution 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, Pennsylvania 17013
TELEPHONE: (717) 249-3166
800-990-9108
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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.
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 if 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 or
judgment;
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 of 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 T RIFF.
By:
~ames F. Grenen, Esquire
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
LONG FORM DESCRIPTION
ALL THAT CERTAIN piece, parcel or tract of land with the
buildings and improvements thereon erected situate in the First
Ward of the Borough of New Cumberland, Cumberland County,
Pennsylvania, more particularly bounded and described as follows,
to wit:
BEGINNING at an iron pin on the northern right-of-way of Fifth
Street, said point being located South 47 degrees 45 minutes 00
seconds West, for a distance of 150.00 feet from the northwestern
corner of the intersection of Fifth Street with Reno Street; thence
along the northern right-of-way of Fifth Street, South 47 degrees
45 minutes 00 seconds West, for a distance of 25.00 feet to an iron
pin; thence through the center of a party wall and along tax parcel
137, North 42 degrees 15 minutes 00 seconds West, for a distance of
140.00 feet to an iron pin on the southern right-of-way line of
Smith Avenue (20 foot right-of-way); thence along the southern
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right-of-way line of Smith Avenue, North 47 degrees 45 minutes 00
seconds East, for a distance of 25.00 feet to a wood post; thence
along tax parcel #139, South 42 degrees 15 minutes 00 seconds East,
for a distance of 140.00 feet to an iron pin, the point of
BEGINNING.
CONTAINING 3,500 square feet of land according to a survey of
Biscon Land Surveying Co., Inc. dated January 14, 1991. Premises
being known as 411 Fifth Street. Tax Map 24-811, Tax Parcel #138.
BEING the same property which Stephen J. Shuey and Lisa M.
Shuey, his wife, granted and conveyed to Timothy D. Book, by Deed
dated December 6, 1996 and recorded December 12, 1996, in the
Recorder of Deeds Office, Cumberland County, Pennsylvania in Deed
Book Volum~ 150, Page 541.
By:
SIC, P.C.
Jam F. Grenen, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
DBV 150
Page 541
Tax Parcel No. 25-24-0811-138
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL V ANTAl
COUNTY OF CUMBERLAND)
NO 00-6848 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debl, inleresl and cosls due BANKERS TRUST COMPANY OF CALIFORNIA, AS
TRUSTEE OF MELLON MORTGAGE CRA MORTGAGE, BY ALLIANCE MORTGAGE
COMPANY, AGENT, Plaintiff(s)
From TIMOTHY D. BOOK, 411 FIFTH STREET, NEW CUMBERLAND, P A 17070
(I) You are direcled 10 levy upon lhe property of the defendant (s land 10 sell SEE LEGAL
DESCRIPTION.
(2) You are also direcled to attach the property oflhe defendanl(s) nol levied upon in lhe possession
of
GARNISHEE(S) as follows:
and 10 notify the garnishee(s) that: (a) an attachmenl has been issued; (b) the garnishee(s) is enjoined from
paying any debl to or for the accounl of the defendanl (s) and from delivering any property of the defendanl
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendanl(s) nol levied upon an subject 10 attachmenl is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher thai he/she has been added as a
garnishee and is enj oined as above stated.
Amounl Due $68,164.13
Interest FROM 11/4/00 TO 9/3/03 - $15,906.58
L.L.
Atty's Connn %
Atty Paid $1004.60
Plaintiff Paid
Date: MAY 13, 2003
Due Prothy $1.00
Other Cosls
CURTIS R. LONG
(Seal)
prothon~ 8
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Deputy
REQUESTING PARTY:
Name JAMES F. GRENEN, ESQillRE
Address: GRENEN & BIRSIC, P.C.
ONE GATEWAY CENTER, NINE WEST
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-7650
Supreme Court ill No. 46478
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Real Estate Sale # 22
On May 15,2003 the sherifflevied upon the
defendant's interest in the real property situated in
Borough of New Cumberland, Cumberland County, PA
known and numbered as 411 Fifth Street,
New Cumberland, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 15, 2003
By: Jellj S1ni1J,
Real Estate Deputy
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REAl.:-EsTATesilLENo: 22 ~-
Writ No. 2000-6848
Civil Term .
Bankers Trust Co.
01 California
NA. 8sTrustee of Mellon
Mortgage CRA Mortgage, by
Alliance Morte:ge. CO., Agent
Timothy D. Book
Atty.: James F. Grenen
. DESCR!i>TfON
ALL THAT CERTAIN pieec, parcel oc tt:act of
land with the buildinl!s ana improvemcHts thereon
ilre.:led situate in the Fjri,t Ward of the BOWlIgh of
New Cumberland, - Cumberland County,
Pennsylvania, more particulmly bounded and
-describedasfol!(lw~towjt
BEGINNING at .an iron. Din on the northern
right-ot.w'ay of FIfth street, said point beIng
located South 47 degrees 45 mlnures 00 semIKls .
Vlest, for a dJstance of 150.00 feel from the
northwestern corner of the lnte.tsection of fifth
.Stree1with Reno Street; thf:llce along the northern
, right-oC-way of Fifth Street, South 47 degrees 45
minutes 00 soo:l1lds West, for a distance of 2:'LOO
, feet to an irqn pill; thence through the center IJf a
party wall and along tm: parcel 137~ North 42
, deices 15 nunute3 00. ~IlCOJlrls West, for ll.
-distance of 140.00 feet to fl1) iron pin .on lhe
501JIDem, right-of-way Hne of Smith Avenue qo
loot right-of-way); t'hel;1ce along Jbe wuthern
rigbt..qf-way line of. Smith Avenue, North 47
, degrees. 45 minutes 00 seconds l:-Jlst, for Ii
dlstallCe of 25.00 feet to a wood post; thence
along lax p~el 1139, South 42 de."nree.'l 15
, mInute::. 00 setooosEast, fora di~tance of 140.00
, feet lo;m iron pin, file point of BEGINNING.
CONTAINING 3,50{) square feet of land
according to it survey 0; BiSCQll La.nd Surveying
Co.. roo. <lllted January !4, 1991. Premises being:
lnmwn <!s4Ll Fifth Stree~ Tax Map 24-8tl.. 'rax
,Parccl#I38. "
BEING the same propeity wbicb Stephen J.
, Shuey and Lisa M. Shuey, IDS wife, granted ami
conveyed to Timothy D, BoQk, by Deed dated
December 6, 1996 and recorded December 12,
,1995, in the' Recorder iif Deeds Office,
Cumberland Count)1 Penn~JYl\llia in Deed Book
Volume ISO, Page54L
~ DBV: 1.50; Page: 54.1; Tax Puree! No,: 25.24-
.0811-13&
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16,1929
Commonweallh of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
Thai he is lhe Ass!. Controller of The Pal riot News Co., acorporalion organized and exisling under lhe laws
of lhe Commonweallh of Pennsylvania, wilh ils principal office and place of business al 812 10 818 Market Slree!, in
lhe Cily of Harrisburg, Counly of Dauphin, Stale of Pennsylvania, owner and publisher of The Palriol-News and...I!:!lL
Sundav Palriol-News newspapers of general circulalion, printed and published al 812 10 818 Markel Streel, in the
Cily, Counly and Stale aforesaid; lhal The Palriol-News and The Sunday Patriot-News were eslablished March 41h,
1854, and Seplember 181h, 1949, respeclively, and all have been conlinuously published ever since;
Thai lhe printed notice or publicalion which is securely attached hereto is exaclly as prinled and published in
their regular dally and/or Sunday/ Metro editions which appeared on lhe 22nd and 29th day(s) of July and lhe 5111
day{s) of August 2003. Thai neither he nor said Company is inlerested in the subject matter of said prinled nolice
or advertising, and that all of lhe allegalions of lhis stalement as to lhe time, place and character of publicalion are
lrue; and
That he has personal knowledge of lhe facls aforesaid and is duly aulhorized and empowered to verify lhis
stalemenl on behalf of The Palriol-News Co. aforesaid by virtue and pursuanl 10 a resolulion unanimously passed and
adopled severally by the stockholders and board of directors of lhe said Company and subsequently duly recorded in
the office for lhe Recording of Deeds in and for said County. of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE#22
Sworn to
Notarial Seal
Teny l. Russell, Notary Public
City Of HarriSburg, Dauphin CQun\y NOTARY PUB,L1C
MyCommiss/onExplresJune6.2OOEl\1 ommission expires June 6, 2006
Member. Pennsylvania AssocIation 01 Notaries
CUMBERlAND COUN1Y SHERIFFS OFFICE
CUMBERlAND COUN1Y COURTHOUSE
CARLISLE, PA. 17013
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Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing lhe notice or publicalion attached
herelo on the above slaled dates $
Probaling same Notary Fee(s) $
Total $
280."14
1.,'5
281.09
Publisher's Receipt for Advertising Cost
The Patriol News Co., publisher of The Patriot-News and The Sundav Patriol-News, newspapers of gen,eral
circulation, hereby acknowledge receipl of lhe aforesaid notice and publicalion costs and certifies lhal lhe same have
been duly paid.
By....................................................................
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JULY 18, 25, 2003 AUGUST 1,2003
Affiant further deposes that he is authorized to verifY this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
N TO AND SUBSCRl D before me this
1 day of AUGUST. 2003
LOIS E. SNYDER, NoIsy PubIlc
~ SOI'(l, ClM~ County
My ~ ExjlM Maroh 5, 2iJ05
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REAL ESTATE SAi.E Nt). 22
Writ No, 2000,6848 Civil
Bankers Trust Company of
California. N.A as Trustee of
Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent
VS.
Timothy D. Book
Atty.: James F. Grenen
LONG FORM DESCRIPTION
ALL TIfAT CERTAIN piece, par-
cel or tract of land with the build-
ings and improvements thereon
erected situate in the First Ward of
the Borough of New Cumberland,
Cumberland County. Pennsylvania.
more particularly bounded and de-
scribed as follows. to wit:
BEGINNING at an iron pin on the
northern tight -of-way of Fifth Street,
said point being located South 47
degrees 45 minutes 00 seconds
West, for a distance of 150.00 feet
from the northwestern comer of the
intersection of Fifth Street with Reno
Street; thence along the northern
right-of-way of Fifth Street. South
47 degrees 45 minutes 00 seconds
West. for a distance of 25.00 feet
to ari iron pin; thence through the
center of a party wall and along tax
parcel 137. North 42 degrees 15
minutes 00 seconds West, for a dis-
tance of 140.00 feet to an iron pin
on the southern right-of-way line of
Smith Avenue (20 foot right-of-way);
thence along the southern light-of-
way line of Smith Avenue. North 47
degrees 45 minutes 00 seconds
East. for a distance of 25.00 feet to
a wood post; thence along tax par-
cel # 139. South 42 degrees 15 min-
utes 00 seconds East. for a distance
of 140.00 feet to an iron pin. the
point of BEGINNING,
CONTAINING 3.500 square feet
of land acttStt11ng tt> a sun-ey of Bis-
con Land Surveying Co.. Inc. dated
January 14. 1991. Premises being
known as 411 Fifth Street. Tax Map
24-811. Tax Parcel # 138.
BEING the same property which
Stephen J. Shuey and Lisa M, Shuey.
his wife, granted and conveyed to
Timothy D. Book. by Deed dated De-
cember 6, 1996 and recorded De-
cember 12. 1996. in the Recorder
of Deeds Office, Cumberland Coun-
ty, Pennsylvania in Deed Book Vol-
ume 150. Page 54 I.
DBV 150.
Page 54 I.
Tax Parcel No. 25-24-0811-138.
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TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 22
Held Wednesday, September 3, 2003
Date: September 3, 2003
TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year
2003.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CL~S
,
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated 2003, and recorded
2003, in Cumberland County Deed Book , Page
RECITAL: Being the same premises which Stephen J. Shuey and Lisa M. Shuey, husband and
wife, by deed dated December 6, 1996 and recorded December 12, 1996, in the Office of the
Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 150
Page 541, granted and conveyed to Timothy D. Book, single man.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
establiShed to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of Fifth Street and in 20 foot wide Smith
Avenue.
6. Private rights in party wall forming a portion of the boundary line for the premises.
7. Mortgage in the amount of $64,000.00 given by Timothy D. Book to Mellon Bank ,
N.A. dated December 6, 1996 and recorded December 12, 1996 in Mortgage Book
1356 Page 152. Said mortgage being assigned to Banker's Trust c;om~any of
California, Inc. by assignment of mortgage recorded July 17, 1998 In Miscellaneous
Record Book 582, Page 919.
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Complaint in mortgage foreclosure filed by Banker's Trust Company of California, N .A.
Trustee of Mellon Mortgage CRA. Mortgage by Alliance Mortgage Company, agent
filed in the Office of the Prothonotary of Cumberland County on October 5, 2000 to file
No. 2000-6848. Judgment in the amount of $68,164.13 entered November 20, 2000.
7. Mortgage in the amount of $8,346.00 given by Timothy D. Book to Mellon Bank, N. A.
dated June 4, 1997 and recorded June 6,1997 in Mortgage Book 1386, Page 6583.
8. Judgment in the amount of $4,497.71 entered by Keystone Financial as Plaintiff against
Timothy D. Book as Defendant, in the Office of the Prothonotary of Cumberland
County on August 16, 2000 to fIle No. 2000-5665.
9, Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff's sale.
11. Real estate taxes accruing on and after January 1, 2004 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has
any search been made for environmental liens in Federal District Court.
Robert G. Frey, Agent
Nole: This Title Report shall not be valid 0 bindi g
nntil countersigned by an anthorized signalo
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REAL ESTATE SALE NO. 22
Writ No. 2000-6848 Civil
Bankers Trust Company of
Callfornia. N.A. as Trustee of
Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent
vs.
Timothy D. Book
Atty.: James F. Grenen
LONG FORM DESCRIPTION
AIL THAT CERTAIN piece. par-
cel or tract of land with the build-
ings and improvements thereon
erected situate in the First Ward of
the Borough of New Cumberland.
Cumberland County, Pennsylvania.
more particularly bounded and de-
scribed as follows. to wit:
BEGINNING at an iron pin on the
northern right-of-way ofFU'th Street.
said point being located South 47
degrees 45 minutes 00 seconds
West, for a dlstance of 150.00 feet
from the northwestern comer of the
intersection of Fifth Street with Reno
Street; thence along the northern
right-of-way of Fifth Street, South
47 degrees 45 minutes 00, seconds
West. for a distance of 25.00 feet
to an iron pin: thence thrpugh the
center of a party wall and wong tax
parcel 137, North 42 degrees 15
minutes 00 seconds West, for a dis-
tance of 140.00 feet to an iron pin
on the southern right-of-way line of
Smith Avenue (20 foot right-of-way):
thence along the southern. right-of-
way line of Smith Avenue, North 47
degrees 45 minutes 00 seconds
East, for a distance of 25.00 feet to
a wood post; thence along tax par-
cel 11139, South 42 degrees 15 min-
utes 00 seconds East for a distance
of 140.00 feet to an iron pin, the
point of BEGINNING.
CONTAINING 3,500 square feet
of land according to a survey of Bls-
con Land Surveying Co.. inc. dated
January 14, 1991. Premises being
known as 411 Fifth Street. Tax Map
24-811, Tax Parcel 11138.
BEING the same property wbich
Stephen.J. Shuey and Lisa M. Shuey,
bis wife, granted and conveyed to
Timothy D. Book, by Deed dated De-
cember 6. 1996 and recorded De~
cember 12. 1996. in the Recorder
of Deeds Office. Cumberland Coun-
ty. Pennsylvania in Deed Book Vol-
ume 150, Page 54!.
DBV 150.
Page 541.
Tax Parcel No. 25-24-08Il-138.
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SALE DATE: MARCH 2, 2005
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF )
CALIFORNIA, N.A., as Trustee of )
Mellon Mortgage eRA Mortgage, )
by Alliance Mortgage Company, )
Agent, )
)
Plaintiff, )
)
vs. )
)
TIMOTHY D. BOOK, )
)
)
)
Defendant. )
)
)
)
)
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CIVIL DIVISION
NO.: 00-6848 CIVIL TERM
ISSUE NUMBER:
TYPE OF PLEADING:
Pa. R.C.P. RULE 3129.2 (c) (2)
LIENHOLDER AFFIDAVIT OF
SERVICE
CODE -
FILED ON BEHALF OF:
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
James F. Grenen, Esquire
Pa. I.D.46478
GRENEN & BIRSIC, P.C.
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF )
CALIFORNIA, N.A., as Trustee )
of Mellon Mortgage CRA )
Mortgage, by Alliance Mortgage )
Company, Agent, )
)
Plaintiff, )
vs. )
)
TIMOTHY D. BOOK, )
)
Defendant. )
NO.: 00-6848 CIVIL TERM
Pa. R.C.P. RULE 3129.2(c) (2)
LIENHOLDER AFFIDAVIT OF SERVICE
I, James F. Grenen, Attorney for Plaintiff, Bankers Trust
Company of California, N.A., as Trustee of Mellon Mortgage eRA
Mortgage, by Alliance Mortgage Company, Agent, being duly sworn
according to law, deposes and makes the following Affidavit
regarding service of the notice of the sale of real property on all
persons named in Paragraphs 3 through 7 of Plaintiff's Affidavit
Pursuant to Rule 3129.1 as well as all persons named in Plaintiff's
Supplemental Affidavit Pursuant to Rule 3129.1 as follows:
1. By letters dated November 23, 2004, undersigned counsel
served all persons (other than the Plaintiff) named in Paragraphs
3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with
a notice of the sale of real property by ordinary mail at the
respective addresses set forth in the Affidavit Pursuant to Rule
3129.1. A true and correct copy of said Affidavit Pursuant to Rule
3129.1 is marked Exhibit "A", attached hereto, and made a part
hereof.
2 . Undersigned counsel obtained aU. S. Postal Service Form
3817 Certificate of Mailing for each letter.
True and correct
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. copies of the Certificates of Mailing and any letters, if returned
as of this date, are marked collectively as Exhibit "B", attached
hereto and made a part hereof.
3. By letter dated December 15, 2004, undersigned counsel
served the persons named in Plaintiff's Supplemental Affidavit
Pursuant to Rule 3129.1 with a notice of the sale of real property
by ordinary mail at the address set forth in the Supplemental
Affidavit Pursuant to Rule 3129.1. A true and correct copy of said
Supplemental Affidavit Pursuant to Rule 3129.1 is marked Exhibit
"C", attached hereto, and made a part hereof.
4 . Undersigned counsel obtained aU. S. Postal Service Form
3817 Certificate of Mailing for the letter set forth in Paragraph
3 herein. True and correct copies of the Certificate of Mailing
and said letter, if returned as of this date, are marked
collectively as Exhibit "D", attached hereto and made a part
hereof.
I verify that the facts contained in this Affidavit are true
and correct based upon my personal knowledge, information and
,
/
BY: /
I~mes F. Grenen, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
belief.
Sworn to and subscri~g pefo~e ~
this ! 7-c1u day ofl[.~2004.
~~~/
Notary Public
No;arial Seal
Joanne M. Wehner, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires June 19, 2005
Member, PennsyIVaniaAssociatjon of Notaries
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Exhibit "A"
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
)
)
)
)
)
) NO.: 00-6848 CIVIL TERM
)
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AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
Bankers Trust Company of California, N.A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
Plaintiff in the above action, sets forth as of the date the
Praecipe for Writ of Execution was filed the following information
concerning the real property of Timothy D. Book located at 411
Fifth Street, New Cumberland, Pennsylvania 17070 and is more fully
described as follows:
ALL the right, title, interest and claim of Timothy D. Book,
of, in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
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CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
1. The name and address of the owner or reputed owner:
Timothy D. Book 411 Fifth Street
New Cumberland, PA 17070
2. The name and address of the defendants in the judgment:
Timothy D. Book 411 Fifth Street
New Cumberland, PA 17070
3. The name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Bankers Trust Company of
California, N.A'i as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Keystone Financial
P.O. Box 1382
Pottsville, PA 17901
4. The name and address of the last record holder of every
mortgage of record:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Mellon Bank, N.A.
10 South Market Square
Harrisburg, PA 17112
5. The name and address of every other person who has any record
lien on the property:
None
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6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
Pa. Inheritance Tax Department
Pa Department of Revenue
Bureau of Individual
Taxes
Inheritance Tax Division
Harrisburg, PA 17128-0601
Domestic Relations Office
P.O. Box 320
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
7. The name and address of every other person whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale:
None
I verify that the statements made in the Affidavit are true
and correct to the best of my personal k wledge, information and
belief. I understand that false stateme s rein are made subject
to the penalties of 18 Pa. C.S.A. relating to unsworn
falsification to authorities.
--W -1 -<J(
Grenen, Esquire
for Plaintiff
SWORN to and subscribed before
me thisl-tJ~
2004.
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Nc~ pubr~c
No~arial Seal j
Joanne M. Wehner, Notary Public I
City of Pittsburgh, Aliegheny County I
My Commission Expires June 19. 2~
Member, PennsylVanlaAssooatlon Of NOt8'iCS
l~ Ill.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIJl,
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
)
) SS:
)
COUNTY OF ALLEGHENY
Bankers Trust Company of California, N.A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
Plaintiff in the above-captioned action files the instant
Supplemental Affidavit Pursuant to Rule 3129.1. The information
identified below is in addition to the information previously
identified in the Affidavit Pursuant to Rule 3129.1.
As of the date that the Praecipe for Writ of Execution was
filed, the information set forth below was of record concerning the
real property of Timothy D. Book located at 411 5th Street, New
Cumberland, pennsyl vania 17070, and is more fully described as
follows:
ALL the right, title, interest and claim of Timothy D. Book,
of in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
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1 . The name and address of every other person whom the
plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Treasurer's Office
CUmberland County Courthouse
Carlisle, PA 17013
I verify that the statements
Affidavit are true and correct to
knowledge, information and beli
statements herein are made sub'
C.S.A. 54904 relating to unswo
made in the SupplementcLl
the best of my personal
I understand that false
t i to the ....wenalties of 18 Pa.
a:j.'sific ion to authorities.
J es . Grenen, Esquire
Attorneys for Plaintiff
SWORN TO and SUBSCRIBED BEFORE ME
THIS 1S-t7v DAY OF ~004.
Notanal Seal
Joanne M. Wehner, eghNol8ry PublCou~ty .
City of Pittsllurgh, All &rri
My Commission Expires June 19, 2005
Member, PennsyIVaOla AssociaffonotNotartes
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PROVIDE FOR INSURANCE-POSTMASTER
Received From:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Bankers Trust Company of California, N .A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
Plaintiff in the above-captioned action files the instant
Supplemental Affidavit Pursuant to Rule 3129.1. The information
identified below is in addition to the information previously
identified in the Affidavit Pursuant to Rule 3129.1.
As of the date that the Praecipe for Writ of Execution was
filed, the information set forth below was of record concerning the
real property of Timothy D. Book located at 411 5th Street, New
Cumberland, Pennsylvania 17070, and is more fully described as
follows:
ALL the right, title, interest and claim of Timothy D. Book,
of in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
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1 . The name and address of every other person whom the
plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Treasurer's Office
Cumberland County Courthouse
Carlisle, PA 17013
I verify that the statements made in the Supplemental
Affidavit are true and correct to the best of my personal
knowledge, information and beli I understand that false
statements herein are made sub~ / t i to the A'J"1lnalties of 18 Pa.
C.S.A. !l4904 relating to unswor. a~sific ion to authorities.
;1
J es F. Grenen, Esquire
Attorneys for Plaintiff
SWORN TO and SUBSCRIBED BEFORE ME
THIS I~-t;;iv DAY OF ~004.
:r----
Notary Public
Notarial Seal .
Joanne M. Wehner, Nolary Public
City of Pittsburgh. Allegheny cou~1lo5
My Commission Expires June 19,
Member, pennsylvaniaAssociationotNotaries
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SALE DATE: MARCH 2, 2005
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF )
CALIFORNIA, N.A., as Trustee of )
Mellon Mortgage CRA Mortgage, )
by Alliance Mortgage Company, )
Agent, )
)
Plaintiff, )
)
vs. )
)
TIMOTHY D. BOOK, )
)
)
Defendant. )
)
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CIVIL DIVISION
NO.: 00-6848 CIVIL TERM
ISSUE NUMBER:
TYPE OF PLEADING:
Pa. R.C.P. RULE 3129.2(c)
AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
CODE -
FILED ON BEHALF OF:
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
COUNSEL OF RECORD FOR THIS
PARTY:
James F. Grenen, Esquire
Pa. I.D. #46478
GRENEN & BIRSIC, p.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF )
CALIFORNIA, N.A., as Trustee of )
Mellon Mortgage CRA Mortgage, )
by Alliance Mortgage Company, )
Agent, )
)
Plaintiff, )
)
vs. )
)
TIMOTHY D. BOOK, )
)
)
Defendant. )
NO.: 00-6848-CIVIL TERM
Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
James F. Grenen, Esquire, Attorney for Plaintiff, Bankers
Trust Company of California, N.A., as Trustee of Mellon Mortgage
CRA Mortgage, by Alliance Mortgage Company, Agent, being duly sworn
according to law deposes and makes the following Affidavit
regarding service of Plaintiff's notice of the sale of real
property in this matter on Timothy D. Book, as follows:
1. Timothy D. Book is the owner of the real property and
has not entered an appearance of record.
2. The undersigned counsel mailed Defendant, Timothy D.
Book a true and correct copy of Plaintiff's notice of the sale of
real property by certified mail, return receipt requested,
restricted delivery.
A true and correct copy of said Notice is
marked Exhibit "A", attached hereto and made a part hereof.
3. Defendant, Timothy D. Book received the notice of the
sale of real property in this matter as evidenced by the signed
U.S. Postal Service form 3811, certified mail return receipt. A
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true and correct copy of the signed U.S. Postal Service form 3811,
evidencing service by certified mail on the identified Defendant,
is marked Exhibit "B", attached hereto and made a part hereof.
I verify that the facts contained in this Affidavit are true
and correct based upon my personal knowledge, information, and
belief.
BY:
James F. Grenen, Esquire
Attorneys for Plaintiff
Ninth Floor, One Gateway Center
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
me this I J71Z
day ~o
--t~04.
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Joanne M. Wehner, Notary Public \
City of pittsburgh. Ailegheny County
My Commission ~~~lres June 19,~~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company. Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: TIMOTHY D. BOOK
TAKE NOTICE that by virtue of the above Writ of Execution
reissued 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
CUMBERLAND COUNTY COURTHOUSE
SECOND FLOOR
CARLISLE, PENNSYLVANIA 17013
on March 2, 2005 at 10:00 A.M., the following described real
estate, of which Timothy D. Book is the owner or reputed owner:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
The said Writ of Execution has been reissued on a judgment in
the mortgage foreclosure action of
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Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
Timothy D. Book,
Defendant.
at Execution Number 00-6848 Civil Term in the amount of
$103,581.02.
Claims against the property must be filed with the Sheriff
before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
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.
A Writ of Execution 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, Pennsylvania 17013
TELEPHONE: (717) 249-3166
800-990-9108
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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.
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 if 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 or
judgment.
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 of 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 SHERIFF.
. .C.
By:
James F. Grenen, Esquire
Attorney for Plaintiff
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. Complete items 1. 2, and 3. Also complete
ttem 4if RestriCted D<>Iivery;s.desired.
. Print your name and addresS on the reverse
so that we 'can re:tum the card 14",) you.
. Attach this card to the ba~k of the mailpiece.
\.::: or on.~he fi'ont If space pe'1'Tlits.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
00- t<?'t'~
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Duetche Bank is the grantee the same having been sold to said grantee on
the 2nd day of March AD., 2005, under and by virtue of a writ Execution issued on the 17th day of
November, A,D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2000
Number 6848, at the suit of Bankers Trust Co of Ca N A Tr against Timothv D Book is duly recorded in
Sheriffs Deed Book No. 267, Page 4515.
IN TESTIMONY WHEREOF, I ha~eunto set my hand
and seal of said office this 17' day 0 f
, AD. .2~~
. ecorder ofDee,ds
, Cumberlancl County, CarIIIIe, PA
Ion El<pIres the FIrBt MoncIay of J&n. 2008
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Bankers Trust Company of California
Et al
VS
Timothy D. Book
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2000-6848 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: Timothy D.
Book, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff
of Dauphin County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale
and Description according to law.
Dauphin County Return: And Now: December 23, 2004 at 9:55 am served the
within Real Estate Writ, Notice & Description upon Timothy D. Book by personally
handing to Christina Book, wife, one true attested copy of the original Real Estate Writ,
Notice & Description and making known to her the contents thereof at 3244 Peters
Mountain Road, Halifax, P A 17032-9515. So Answers: J.R. Lotwick, Sheriff.
Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that
on January 04, 2005 at 4:20 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Timothy D. Book, located at 411 Fifth Street, New Cumberland, Pennsylvania, according
to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Timothy D. Book, by regular mail to his last known address of 3244
Peters Mountain Road, Halifax, PA 17032-9515. This letter was mailed under the date of
December 30, 2004 and never retumed to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on March 02, 2005 at 10:00 o'clock AM. He sold the same for the
sum of $1.00 to Attorney James Grenen for Duetche Bank, f/k/a Bankers Trust Company
of California. It being the highest bid and best price received for the same, Duetche
Bank, f/k/a Bankers Trust Company of California of 1761 East Saint Andrews Place,
Santa Ana, CA 92705, being the buyer in this execution, paid to SheriffR. Thomas Kline
the sum of $959.72, it being costs.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
$30.00
18.82
15.00
15.00
30.00
10.00
tit tl l.
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Law Library
Prothonotary
Mileage
Certified Mail
Out of County
Dauphin County
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff's Deed
$
1.00
13.32
4.42
9.00
33.75
15.00
20.00
321.20
326.98
30.73
25.00
40.50
959.72
Sworn and subscribed to before me
This 021 day of ~
"'OS, ADI ,.P:,. 'l').l~..,
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So Answers:
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R. Thomas Kline, Sheriff
By,J(J~S~
Real Est. Deputy
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
)
)
)
)
)
) NO.: 00-6848 CIVIL TERM
)
)
)
)
)
)
)
)
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
Bankers Trust Company of California, N.A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
Plaintiff in the above action, sets forth as of the date the
Praecipe for Writ of Execution was filed the following information
concerning the real property of Timothy D. Book located at 411
Fifth Street, New Cumberland, Pennsylvania 17070 and is more fully
described as follows:
ALL the right, title, interest and claim of Timothy D. Book,
of, in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
....
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CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070~ DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
1. The name and address of the owner or reputed owner:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 17070
2. The name and address of the defendants in the judgment:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 17070
3. The name and last known address of every judgment creditor
'whose judgment is a record lien on the real property to be sold:
Bankers Trust Company of
California, N.A.i as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Keystone Financial
P.O. Box 1382
Pottsville, PA 17901
4. The name and address of the last record holder of every
mortgage of record:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Mellon Bank, N.A.
10 South Market Square
Harrisburg, PA 17112
5. The name and address of every other person who has any record
lien on the property:
None
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6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
Pa Department of Revenue
Bureau of Individual
Taxes
Inheritance Tax Division
Harrisburg, PA 17128-0601
Pa. Inheritance Tax Department
Domestic Relations Office
Commonwealth of Pennsylvania
P.O. Box 320
Carlisle, PA 17013
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
7. The name and address of every other person whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale:
None
I verify that the statements made in the Affidavit are true
and correct to the best of my personal k wledge, information and
belief. I understand that false stateme s rein are made subject
to the penalties of 18 Pa. C.S.A. relating to unsworn
falsification to authorities.
-f(-Y-01
SWORN to and subscribed before
me this!- tJtA;
2004.
~ ;/~j
. -.~. NQ.l;-.:try Publlc
Grenen, Esquire
for Plaintiff
./-/~.
Notarial Seal j
Joanne M. Wehner, Notary PUbIiC~
Ci of Pittsbur h, Allegheny County
My gommission ~XPjres June 19. 2005
Member, PennsylYanlaAssociatior.of Not3nes
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: TIMOTHY D. BOOK
TAKE NOTICE that by virtue of the above Writ of Execution
reissued 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
CUMBERLAND COUNTY COURTHOUSE
SECOND FLOOR
CARLISLE, PENNSYLVANIA 17013
on March 2, 2005 at 10:00 A.M., the following described real
estate, of which Timothy D. Book is the owner or reputed owner:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
The said Writ of Execution has been reissued on a judgment in
the mortgage foreclosure action of
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Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
Timothy D. Book,
Defendant.
at Execution Number 00-6848 Civil Term in the amount of
$103,581.02.
Claims against the property must be filed with the Sheriff
before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
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.
A Writ of Execution 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, Pennsylvania 17013
TELEPHONE: (717) 249-3166
800-990-9108
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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.
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 if 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 or
judgment.
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 of 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 T SHERIFF.
.C.
By:
'James F. Grenen, Esquire
Attorney for plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
LONG FORM DESCRIPTION
ALL THAT CERTAIN piece, parcel or tract of land with the
buildings and improvements thereon erected situate in the First
ward of the Borough of New Cumberland, Cumberland County,
Pennsylvania, more particularly bounded and described as follows,
to wit:
BEGINNING at an iron pin on the northern right-of-way of Fifth
Street, said point being located South 47 degrees 45 minutes 00
seconds West, for a distance of 150.00 feet from the northwestern
corner of the intersection of Fifth Street ~ith Reno Street; thence
along the northern right-of-way of Fifth Street, South 47 degrees
45 minutes 00 seconds West, for a distance of 25.00 feet to an iron
pin; thence through the center of a party wall and along tax parcel
137, North 42 degrees 15 minutes 00 seconds West, for a distance of
140.00 feet to an iron pin on the southern right-of-way line of
Smith Avenue (20 foot right-of-way); thence along the southern
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right-of-way line of Smith Avenue, North 47 degrees 45 minutes 00
seconds East, for a distance of 25.00 feet to a wood post; thence
along tax parcel #139, South 42 degrees 15 minutes 00 seconds East,
for a distance of 140.00 feet to an iron pin, the point of
BEGINNING.
CONTAINING 3,500 square feet of land according to a survey of
Biscon Land Surveying Co., Inc. dated January 14, 1991. Premises
being known as 411 Fifth Street. Tax Map 24-811, Tax Parcel #138.
BEING the same property which Stephen J. Shuey and Lisa M.
Shuey, his wife, granted and conveyed to Timothy D. Book, by Deed
dated December 6, 1996 and recorded December 12, 1996, in the
Recorder of Deeds Office, Cumberland County, Pennsylvania in Deed
Book Volume 150, Page 541.
IRS C, P.C.
By:
J mes F. Grenen, Esquire
A torneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
DBV 150
Page 541
Tax Parcel No. 25-24-0811-138
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~TOFEXECUT~O~anNorATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 00-6848 Civil
CIVll..ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the dehl, interesl and cosls due BANKERS TRUST COMPANY OF CALIFORNIA,
N.A., AS TRUSTEE OF MELLON MORTGAGE CRA MORTGAGE, BY ALLIANCE
MORTGAGE COMPANY, AGENT, Plaintiff (s)
From TIMOTHY D. BOOK
(1) You are direcled to levy upon the property of the defendant (s)and 10 sell SEE LEGAL
DESCRIPTION
(2) You are also dirccled to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and 10 notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt 10 or for the account of the defendant (s) and from delivering any property of the defendanl
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) nol levied upon an subjecl 10 attachmenl is found in the possession
of anyone other than a named garnishee, you are direcled 10 notify him/her lhat he/she has been added as a
garnishee and is enjoined as above staled.
Amount Due $68,164.13 L.L.
Inlerest FROM 11/4/00 TO 3/2/05 - $35,416.89
Atty's Comm % Due Prothy $1.00
Atty Paid $3970.37 Other Cosls
Plaintiff Paid
Dale: NOVEMBER 17, 2004
(Seal)
CURTIS R. LONG
Prothonotary
'IV: iJA~ _ P~./?'?../l ~ r-
Deputy
REQUESTING PARTY:
Name JAMES F. GRENEN, ESQillRE
Address: GRENEN & BIRSIC, P.C.
ONE GATEWAY CENTER, NINTH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-7650
Supreme Court ill No. 46478
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Real Estate Sale #22
On December 01, 2004 the Sherifflevied upon the
defendant's interest in the real property situated in
New Cumberland Borough, Cumberland County, P A
Known and numbered as 411 Fifth Street,
New Cumberland, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: December 01, 2004
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THEPATRlO'F~NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Danphin} ss
James L. Clark, being duly sworn according 10 law, deposes and says:
Thai he is the Accounts Receivable Manager of The Patriol News Co., a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business al 812 10 818
Markel Street, in .the City of Hatrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The
Patriot-News and The Sunday Patriol-News newspapers of general circulation, prinled and published al 812 to 818
Markel Streel, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriol-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
Thai the printed notice or publication which is securely attached herelo is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared on the 18th and 25th day(s) of January and the
1st day(s) of February 2005. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statemenl as 10 the time, place and characler of publication
are true; and
Thai he has personal knowledge of the facts aforesaid and is duly authorized and empowered 10 verify this
slalenrenl on behalf of The Patriol-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adoPled severally by the stockholders and board of direclors of the said company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
:::::::~(m
COPY
SALE#22
Sworn to and subscribed befo
NOTARIAL stAI.
Terry L. Russell, Notary
Qty of Harrisburg, Dau
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA. 17013
.
Statement of Advertising Costs
To THE PATRIOT-NEWS CO.
For publishing the notice or publication attached
hereto on the above staled dates
326.98
Publisher's Receipt for Advertising Cost
The Patriol News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies thai the same have
been duly paid.
By....................................................................
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.. -REAi- EST,,-iEs,;Le.f(o. 22
W(JtNo-2.OiJo..Gll4ll
Civil "term
aant<er.>"t'ust co. of california,
N,A..;3S it,lJstee 01 Menon
\,tort!!age CRPo. tA<>rt9"ge, bY
Alllance tAorl9"ge cornP""Y,
"gent
Vs
"tlJ\1OtIIY D.llOOl<
p.uy: James F. Grenon
DSSCltlP'1I0N
. ALL'fIl/il" agrAlll pieCe, ~".act
Q!laI>dwitbthe~,.,diotP""'-
tl1eIe-<lJl. ~ situate In \he f/rf;t Ward of. \he:
'B",<mgb of Now OJnlW-)>nl!, C_laI>d
; eountY,feIlll-.S)'lvallia,l'llO{e'{lll1ticnlarlybQUDded
, and de$nbed as-lollOW$, ro \1fi1:
: BEGThlNlNGatanirollp1nOtl'ihe-Mflhe'm
,rig1l\--b1.wa:y of Fiflh Street.- sffid point being
..100aW SonID41 <kgre" 45 _OO"~
, 'West. f!li a di~.of 1.50.00 feet ful1l1 the
, noi'tbw~~ cornet of the inu:rsec.lion of fifth
S1ifctwilh'Renf) Street; the:n-CCalanglhe nOIlltenl.
. rlgil><>l,.", of fifth _I, SonID 41 ~gJ<<' >l\
miiates 00 seconds West. fO'C a dislance 0125:00
1 feet to an~lron llin; 1hefiCC throu:gj11bt c.enlt.! <li a
",di %ill ,ool olon~ "-, p3l"'1137. Nottb 42
'degt<<.S 15 roinuteS 00 SCCOndt weSt. {(II a
, dist:roce or 140.00 feet io aD. non. pin on the
souffie:(ll right.cl-wa.y]iDe of, Sroi1h,.A."eo.UI: (20
foot ~-of~w<!Y)~ the1Ice :;kI1:lg the so.~crn.
rl,ght..of-way line of Slni1h Avenu.e, Norm 41
del!tee8 45 roi1\U1es l){'I seconds ~I., for'a
, di.~tance of 25-.00 {eet to a \\load po-st; ~
,,wig"" p3l"'1 ~\39. 50nID 42 <kgre" 15
{tIiilUtesooseconds'f,;l$,!(lfllQis-unceof.l40J)l}
. foct",,,,iroopiu.theF<Ji1ltofllE.(JThl!llllG.
. CON1i'JNlN0 3,51)1) S<\'''' foct of W>l
~dingwasurV~ofB1sctml,.11lld~ng,
Cci,,1nc,da1edJal).~ 14,1991,:PJern-\~being.
\a'l(N!11 a,,,41l'Fiftb. S~ 'fllJ'"Map 24-'611. '}}at
1'>I"IM3S. .
_ ")\ElNG the ,_ Q'op<rtl wDkhStephell1.
: ShufY and LL<;a ]A. $hUey. his wife, gnnted and
ct.lJl.~yed. to 'Umothy D._Book, by Deed dated
~ 6. 19% .,.""""'" =>>"" \2,
. 19%,..il1 the ~ 01 peed> 0tli<A
O>lri~*CffiID1y,_\""'il1I)<,,1Boo\:.
: VOiume.l50,Paze54L '
1al-Pan:elt15-2M)%U-13S.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid" being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for th~ publication of alllegal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law
Journal on the following dates,
VlZ:
January 14,21,28,2005
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and char'lcter of publication are true.
(
i
SWO TO AND SUBSCRIBED before me this
28 day of January. 2005
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I_I., l.olP, E. SI'-NDER, Notary Public .
{i 13((0, Cumberland County
1,1 March 5, 2005 ij
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REAL ESTA1'E SALIii NO. 22
Writ No. 00-6848 Civil
Bankers Trust Company
of California, N.A., as Trustee
of Mellon Mortgage
CRA Mortgage. by Alliance
Mortgage Company. Agent
vs.
Timothy D. Book
Atty.: James F. Grenen
LONG FORM DESCRIPTION
ALL TIiAT CERTAIN piece. par-
cel OT tract of land with the build-
ings and improvements thereon
erected situate in the First Ward of
the Borough of New Cumberland,
Cumberland County, Pennsylvania,
more particularly bounded and de-
scribed as follows. to wit:
BEGINNING at an iron pin on the
northern right-of-way of Fifth Street,
said point being located South 47
degrees 45 minutes 00 seconds
West, for a distance of 150.00 feet
from the northwestern comer of the
intersection of Fifth Street with Reno
Street; thence along the northern
tight-of-way of Fifth Street, South
47 degrees 45 minutes 00 seconds
West, for a distance of 25.00 feet
to an iron pin: thence through the
center of a party wall and along tax
parcel 137, North 42 degrees 15
minutes 00 seconds West, for a dis-
tance of 140.00 feet to an iron pin
on the southern tight-of-way line of
Smith Avenue (20 foot right-of-way);
thence along the southern tight-of-
way line of Smith Avenue. North 47
degrees 45 minutes 00 seconds
East, for a distance of 25.00 feet to
a wood post; thence along tax par-
eel #139, South 42 degrees 15 min-
utes 00 seconds East, for a distance
of 140.00 feet to an iron pin, the
point of BEGINNING.
CONTAINING 3.500 square feet
of land according to a survey of
Biseon Land Surveying Co., Inc.
dated Januaty 14, 1991. Premises
being known as 411 Fifth Street.
Tax Map 24-811, Tax Parcel #138.
BEING the same propert;y which
Stephen J. Shuey and Lisa M. Shu-
ey, his wife. j;!ranted and conveyed
to Timothy D. Book. by Deed dated
December 6. 1996 and recorded
December 12, 1996. in the Recorder
of Deeds Office, Cumberland Coun-
ty, Pennsylvania in Deed Book Vol-
ume 150, Page 541.
DBV 150. Page 54!.
Tax Parcel No. 25-24-0811-138.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
) CIVIL DIVISION
)
~ NO.: CO - t:.'fI.J~
)
)
)
)
) ISSUE NO. :
)
) TYPE OF PLEADING
)
)
)
)
) CODE-
)
) FILED ON BEHALF OF:
)
) BANKERS TRUST COMPANY OF
) CALIFORNIA, N.A., as Trustee of
) Mellon Mortgage CRS Mortgage, by
) Alliance Mortgage Company,
I HEREBV CERTIFY THE ADDRESS OF THE ) Agent, plaintiff
/.,7{,p'&' ~J!lFfIS .~f12",..<J ~
~ J~~=:. ~/'7; .hIJJ9-;7~0>-T COUNSEL OF RECORD FOR THIS
( I{And the Defend. r PARTY:
/707a James F. Grenen, Esquire
) Pa. I.D. #46478
)
)
)
) GRENEN & BIRSIC, P.C.
)
)
)
)
)
) (412) 281-7650
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRS
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
,1:
CERTIFICATE OF LOCATION
I HEREBY ~~~=~~
THE REAL 0;<>"''''. ,
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CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
One Gateway Center, Nine West
Pittsburgh, PA 15222
,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF
CALI FORNtA , N.A., as Trustee
of Mellon Mortgage CRS
Mortgage, by Alliance Mortgage
Company, Agent,
CIVIL DIVISION
NO. :
I?laintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
NOTICE TO DEFEND
You have been sued in court.
If you wish to defend against the
claim 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 attorney and filing
in writing with the court your defenses or objections to the claims
set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money
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.
COURT ADMINISTRATOR
4th Floor, Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRS
Mortgage, by Alliance Mortgage
Company, Agent,
CIVIL DIVISION
NO.: ()-(). c,'i'l? (J;x; '/~
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
Bankers Trust Company of California, N.A., as Trustee of
Mellon Mortgage CRS Mortgage, by Alliance Mortgage Company, Agent,
by its attorneys, Grenen & Birsic, P.C., files this Complaint in
Mortgage Foreclosure as follows:
1. The Plaintiff is Bankers Trust Company of California,
N.A., as Trustee of Mellon Mortgage CRS Mortgage, which has a place
of business at 1761 East Saint Andrews Place, Santa Ana, California
92705-4934.
2. Alliance Mortgage Company, Agent, which has its
principal place of business at 8120 Nations Way, Building 100,
Jacksonville, Florida 32256, is the duly authorized agent of
'"
Plaintiff and is authorized to bring this action on behalf of
Plaintiff.
3. Defendant, Timothy D. Book, is an individual whose last
known address is 411 5th Street, New Cumberland, Pennsylvania 17070.
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4. On or about December 5, 1996, Defendant borrowed the
sum of $64,000.00 from Mellon Bank, N.A., pursuant to the terms of
a written agreement, and as security for repayment thereof,
Defendant made, executed and delivered to Mellon Bank, N.A., a
Mortgage in the original principal amount of $64,000.00 on the
premises hereinafter described, said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on December
12, 1996, in Mortgage Book Volume 1356, Page 152. A true and
correct copy of said Mortgage containing a description of the
premises subject to said Mortgage is marked Exhibit "B", attached
hereto and made a part hereof.
5. Mellon Bank, N.A. assigned said Mortgage to Plaintiff,
said Assignment being recorded in the Office of the Recorder of
Deeds of Cumberland County on July 17, 1998, in Mortgage Book
Volume 1356, Page 152.
6. Defendant is the record and real owner of the aforesaid
mortgaged premises.
7. Defendant is in default under the terms of the
aforesaid Mortgage for, inter alia, failure to pay the monthly
installments of principal and interest when due. Defendant is due
for the March 1, 2000 payment.
8. On or about May 10, 2000, Defendant was mailed a Notice
of Homeowner's Emergency Mortgage Assistance Act of 1983, in
compliance with the Homeowner's Emergency Mortgage Assistance Act,
Act 91 of 1983 and a Notice of Intention to Foreclose Mortgage in
compliance with Act 6 of 1974, 41 P.S. !l101, et seq.
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9. The amount due and owing Plaintiff is as follows:
Principal
Interest to 9/13/00
Escrow Deficiency to 9/13/00
Attorneys' fees
Title Search, Foreclosure
and Execution Costs
TOTAL
$61,602.86
$ 2,861.16
$ 111. 99
$ 800.00
$ 1.750.00
$67,126.01
WHEREFORE,
Plaintiff
demands
judgment
in mortgage
foreclosure for the amount due of $67,126.01, with interest thereon
at the rate of $12.66 per diem from September 13, 2000, and
additional late
charges, additional reasonable and actually
incurred attorneys' fees, plus costs (including increases in escrow
deficiency) and for foreclosure and sale of the mortgaged premises.
BY:
renen, Esquire
Attorne for Plaintiff
One Gateway Center
Nine West
Pittsburgh, PA 15222
Pa. LD. #46478
(412) 281-7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
,.
Exhibit "A"
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.n.D 81.. be lri 6fi1i1Jflf Be.miariTcbliir iIli.1at,Ji ~ pl..-;.pw.~ .tIolIiifllt'lJluIIiraIo l.......ir
--... III LonMr (or 1lIIIttI'/A piom.. r.n.IoI' illtIs ..,y.1IWorioIlnIlinalI..,.'''' ...iWIl.. wNslIuI .. n1.......11r thI 4
Note, InCIudi... 1IlIt.... Wta'tA. '~II_ etnetrnIIle' BuIz....lllIliIPinlf or lIlo J'IaporI) III a;.rapol ~ Jt
tlris &ecurlliY 1Mln_11a an... blllbold, lknIowt"IIhaII-.p, wiU\:a11111a prDWIIIlIouo or IIuo 1uu.1f~ .u:qa!1IC_
lillo 10 11Io 1'ropoItr,Iho l.-ho\ol..otth.tu III1a ehaII--s-unl_Lo..r..-... tis-lMTPl'ID wrilinJ. .
f.PloolailoaolLandar'.IUIII.ttlD IIoaPloo~; liBel..... '1WJa ...,......,.lbI_ _ _lIIl1111t8lnaol
11l1h'" 8eIlll'lQl ",","""",I. II'l\so:to". \opI ,.....~ 1bU.., ......111 oIIltct 1.o,Nltn"ltll* Ill" Proponr ~ ...
..-cline \u bonbup!a;y. .......lIIi....~ flltlbrlltl_.Ia...bat --.....~........o), 11I11I LolsUr-7 018'"
"" .. ___.. ....-,......_Iho wlIIO at_1'roJlor9' ....t.iidon 1fPII1n ...~. x..............,
IMI..... ~IIC any "'11II ~';I1.a lIOn w~ hu priIlI/t;p _~. ...,..1Mtrumiii1, app.iiil....Jn. iIeurt,....,.IlI.
.......1a o="IlI'" reo. llIl.Il.auluinc 011 tho ~",,'lD'1IlIIR nptIn; lIIthaash t.nUr IIII\l'lIIra IllltIOn lIIIIIer IIU
JlN'IPOlIhy.Loa""'oIoeeMhe_r......: .!..:.' '. .... 'c.. .' " ..:;.
Nq _It dWlw:N4llY x.n"-,.vndlrlllll ~U .m.tl..-.mo 8iIoIIiGnaI iob'or~w"IJlICU"'1fr tlllo lIoovriW
_I. Unl... Boon.... ,,"l!.on. ......lD ~~ IIp1111Mllt;,'lII_ 8OI!""nA thaII buPIlllloroal'to... Ihlo ... tI
.........._'.III.N....."olollall '" ~oIol'.,...lh ;1I~UP"l' niiIioo ~ ~dirtoBanaw......'l...n1'" "",onl.
.. ....~1DArb...,,1I:14I1~r. l'IfIulnd ~. ~,... ~ ......nhI .or _nll'.1Ila !GiIn -i-i.:.., till.
Socurit;y 1..-\ Boonwor~I,...>lII1 Pflllli_pqlll1'l' Itmalnlaln t.ho lIIGI'lCII. I_ran.. tn tlr.Gi. It, tor o:nt-,
OIl Il\IIrlII8I h_ -_ "'llliu' b.l'-Lendor,Ia_ or ...,o"!.i1io In..f&eI,.Born- oluoIl )af t,ho-prua""'" Nq1I\M
to obIItn to\'VI(e IIIboW\Oolly. ~I " lIIo morf81lP 1_ pmlllllll1 In ~ ... 00II11"...1IJ111 ,,"'WII.n'. .
Iho _ID lIomrww 0('" ~~ ~.IRPJlI\lI'l\J III,..... ..... ""01_..... i_ ippra_11oy !.omIe..1C
. ,lVIlo!aIlllall.l'.oquIwIon&~ !'.\!!!!!"" ~,~~~oIIIo, ~nllllll p".to&.onderuch inoIIlIl....... "VII 10
on..cwoltlh olllM )'IlIrlylOlGl'tl!!P t'l'!'~. pI'IIIlI_lldaC.p1ol III ~ wheIl.1ho 1......- oo-w. LoJ!Ollll...-.d1ll
lie in _I. Lon""" wlII ....pl, ~I ~ ",101.. ~. oil . """ -" In'll.. or D10rlpp I~ x... ,.......
paylOllllll ""118 1....... be ~~" llJ,tho OP,~ O(~1l4eI\ ~ _" l'r!r\tD_ cn;.np (In the _nl........lho pOrIod
11IM wnw roqaIru) prowidM.., II.! .tri,lum.~ ..,.Lon........a..~ .....n_ ...H. abIai~ BC........thaII...,
lho IftDriuIllll nqat.... IlO 1IDdIl.lIl!~.~ ..1___ .I.n IftMI,. "i~ .pl'DWldlI ~ \dol r--. willl lho ~I fNI
mcrr....Jua.......tn ~~.~Sih.,..~ ~1II~lIarnnrUan. 1."....._.'_,._...'.1.... .
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sholl'" poW ro Loader. . . .
In'" _lOt. -l"~lnr tit"" PIo....... the ""'aW1 buppll.d 10 iii. .... -...l1lP Ihb 8ocurI,.. ""'lI'"mt"~
wlllth.. VI _!IItlI.....,~1ll aI'O' _ pli. .....,.,.." Ill... _tafo~ lalo:I",aI'tllaPtoJoI1f In W1d<h Ibl fIlr
....s~ a11llt J'iiIper~;i_~ Ilotmtho 1Mhw;...,w to llI'....._ _ilia -'1M lIf....llIlI.....,.lq IbIo
Iloconlt.y rn.v-.nt Itmlll<liliitli..faN the lIldllfli vaJ.o llorta_ ancJ ~ 0rh0rwIII......1lt .wrilinr. ... _._ll
by lhi:IllNuriIY fII.nmor,t}liol1 "'1'ecluull br lila.......DC III tha J&'llCIIlIt malllpUed b1 tha tollowl1lf 6IocIom CrJ Ill" tolol
.........~ 01'11I. ...... ~I'll;:._diolelr boftn "'" IIRI",. tlI~" bJ Oil till flair IIIlIMt WIIl10 al'1lI1l'Japert, imtMdilrol1
lltlln u. toIlIll#o Any MIAMI iMIl he ~ ID lIcirl'DMI'. 111 tIlo 1__ 010 JIDfllol toJdn; 0111I. ~ In which ~JlliIIl,
......al...lae oI'tIle ~,i......dldelrldrlo lll8 UldllJla1llI,,1lJan 11M _tol'lIM IU/III-" -"'lel.v 11I_ the
lBIIla;, ""'11I .......... """ t..aolor olhcnIlIc IICIh ill wiillnr wlII\l_ 1l'I'u.-~I& low ~ p(6II\del. ch. _.. elIlIl
III .pp1lldlolht IlIll1lIlIOCOlIll111bylbiiSacuri'1 ~n~wbolllor"""I~ _"" 1holI.....
If tho Pro""",, I. _4<motI i'l' ......-. ..It lito. nOlD b,.......1o .....wor dial tho -UIznlaT alI'... III ""toka an
.WII'lI or .11I. .. dill", ... do..-.... >>-0..... .-u. ......,.... ID 1<I........1hln aD .. .a.r tho .. tllo 1lllIlC6;" III-
tmdo.I'lIIIchodlOd .. ClIIlue...! onI7lbo ,.... u IIIGIlIIDn, elllocr1lrJUlor8~ .......,.,a1cha "'-'V_to lbo......
_l'Id b11l11o Bocurt~ m.I_C. wbl1ilor '" II..........
UnIlM t.ldor ud 11__ alIlerwilO ...In WIIUnc. onyappllcallan 0I..-u lopr\llc:lllll' llI"I_....d... pcUpaftl
III. .... lIale oidia -Ihlf plQ/IllIIIlIl'eI'emti 10 m JlII'WPIpbo 11M 1 lilt ch.....1ho _". '" I1IIlI JIIIIIIIlIlB,
u............. N'" BeJlliMoll ~_~.... N".Wu.-. .IdonaiOllllltllo IhIle ... ,.,......c .. _lIeatlllll
II &IIIoniWiQII oI'tho _. ....... by" 8ocaril;J' 111--'11' IfjII\lIId b,y Lon4tr to.." III_In m_ of Ilc""",,",
wn IlII aponlio ... ..Ie.... ... IiabiU~ of Iha lIIlPal BalroInr ... 1Iam>~ 11I_ In inCond, LeUIr ohsll NIC bI
",M'ocI tI_jrio....~1IJI aplllll: 1fI1-- in \1IlllfIA.. nI"uo tA _a. 1i1ll.1br ~II' or alii.... lllodil1
omarIllltion 01 sho ._ ,.........hy llDo lloalri~ Jr\IIMIiII' '" _ lIf 11IO' .....ll ...... by a.1 oai8lnal Barn..... or
Ilormwet'o GO I 1/'1 In !In_ /Illy ~ '" 1M.... In ""- '...., U1I vItM ..-NJDOCly Iha1l nos boo .. "Ii_..r or
pncludolbollllll'd.aewl\sblar-*,.- ,..
D. Sac.. m ..1I4A..II_ Baaall;.riilatlla&ll s.-..lUall/littl OMI...... tile __ .... oc-1Ilc 01' W.
:lecurl~ lallnlntnc tbal.;bilMl INl 'oaiIIlI" ttlo.., ..." an...... aft.oD.... JlI1llllo-........1llIlJoeC In iIlIllJDVllI_"
............ 17. ~ ~.. 1IlI4 ~ abaI\ .1Io-JaIII' .... .....,.}. ~ Ilorrowor ."" ....... I\IIIlloeurilJl
I_c hut "'1tOt,anlilile IIIe H.. (a) la ~ tllla8lMll.1 m-a OIIl1co ............ .... A/lI1 aNI"'1 0lU
lkImlw...ln....UllJlll,l'lDplrlr1ll\lllr cha _ otlkla IIIisaitt 1. . ~lInl; (b)le ~ ~ alii"'. to plIf h IIl1I\I
umo4 by 1IIi.o lleGIrriIY.III\Il\nml.IItI.... Col........lIlatLondor;-'...,.....B_IIl'IJ..... 1Il_d; ......~. WNror
IIlAD ""~1lolI-.1NI111 ncanLllI 1M IIlma lIfaWo Securl",~or tII. NII.w1lba1n lhaUl............_.nl.
Ja, t.o.u a-c...rt IIN loon 8oo:aro4 by lhfl ~ ~,Ie"'" .... low wIIIcIa _1IIlIIiIIIUllI1crM ~
and chat law. 1.1Inall1' IDll.lpIOlod II lIIat .llui.ll\toNC or alIrnlaan cIulIpo ~ qr lIlI bo CllIIocto4 in 1lIll1llCll"" toillllbo
1.... aceedlllo.JlIftIIiltocllimU...lNn: WAllY 1lldI.1aan chprpllllll" ~ b, \.hi _t ~ In f6tIua \h. dIa.
'" chi pmnlltltlllDli~ aile: lb) IIIl' _lIntl1\1 ciol~ IiollI Barra_ ""'. _oI..I.pormilCl411l111il1I1l1l1 III fI~IIl\"'1O
!lamIwor. Ltlldo\' llll\fdJla..;ll> IlIllloo IIlia...DOl..., recluldllflbOprincipIl owIIIliMw ch4. JlocoWb)'lII8Itb>g & dIJ1III pI1IIIlII'
tlt &. .._.It. rofiuI4 q,...... prInd\llll, cho ",chidioa win 1M Ift&IOd II . PIl'/&l ~'lNIlhova lIlT p",,,",mlllt olII1'p
llNIorlh.N.... _: ..' "..
U. NotlI-. Ala'}' aoIllclllIllano_ .pnwldoa ftIr 11'1 thlo SIio:rlrilr I\IoINmODC abaI1lae pn \1)1 oIoliwri..U or '" ,...1111I ~
by W lUu llIIDI "..- IppllDIb1e law roqulre& lilt at IlI'IlIClIai-Dudooll.",........ ohIIl1 he dI.-.l to lbo ~ AdllrM ..
IIIJ' olIMr ""*- aam.WlIl' UoIpIl/ell b)'~:1D r.-w. AlitIlllllIllID I.nIIor olloII boo lli- by II,.. II... ....n to J"oajdo
..wma IIAliod horoln 1II"II1.olbol' a4d1ue LomIor iIoIlPJIIlltIlIf lIOlIoo ID lkm._. All1llOli.. proYlllM tor ID tlllo .....1111
In.cramtnt IbolIllIlloc'a..4loi haw "'"'" sI_to ........II'IiIll.... .........9- .. prcwldolllllW."JllIIIII'APh.
JII. 0cmIrala: La'IIIJ Ellvwalollll;y, 'l'\llo Spoosrity ~~ IIIaU be ...-.. by liuIeMI I..., ....illi ",W of lhto
JID'iWlollOllla which lito I.~;" l~ 11I11Io nont ...11I11..... 'Ii"" .. 01_ of 1hI.llooiut~ ~.' il. Noll
amlIfet6 wi. appllQlble.I.",. ""'" _ro.r ohIllllIM .... arI10r jln.......lIf ildo 8ocoaI1,r IDIl:rulllllll.... tho HI" ",IIId! ClIlI be
Ill""" ., wllb.... tho ...nlIlolI... pmvioiGll. '1lIlbIIlIld h pID<III_ ollhlo SocIlltly ~t IlI4l11a NDClllN ~ to
'be aeven.b1.. . ~ '" .- ~ .
If.lIorro...... aQ~,_..a.,.."w.. cha1J boo.glV'1l OllI...-.farawtI CllJIIl' or.,.. "'... .... oIthi.lieIIIllli\I Inaaoauna.
. ~7. 'l'YIIDIfNor_.PJ..petlirou ......,.,IalJ:al.onootb&lilo_. It'IU w....,. ......,rlllo ~ or IIIl'lin_ln
II \I ..hl << lnI~llf'" It. lllnolldallDtonoIlll a-w.lo 11I14 or 1nuloIIono4 ...llllo...._ 10 no& . 1lll1UJ.J ~)
wi...., 1.on4tr'w prI......,;""" _nl, 1.oa4a, 1ftI.\'. al f" CI1llitn..ftqIll" 11IlIlIIllI.. PllfIMPIbl I'uII 0/' III ....... _red by lhl.
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tIIIlI SO do,plhnn lb. dB.. Ibo GO" It "11_4 or lMI10a wIIbln.wIIiIh B.o~__ 11I11II pq.n _~. tIdt~
JtolllNaIOnl. It..... ..__ lIolIa I.. .., tho.. ..... polar III .. ..,.....,... II lido ,..w. WncJop ...." Ill.... IIlJ ,........
pmnIlIttIllylhltlloul.~DtlltwllllOlllftmlltrllO\IcItOPdoa.....lall&....__. . '. ..'
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.na.t.m.nt al'1II1. llo&uri., In.........t ~lInu..... ..., IInIo ....~ .. .-.. oe;11Il 5 iIlYIIla'''' aIbR)ItJIac\_
appltl8lllt;'I.... ..".""""" fir .UM'la......ll&) IlIIm .... I1lIht I'l'IJoniII pIlIIUllI\ to ..., poIVII"III!;_ .......11l1hlo
8tcIIl'h.J' IIloInunnl;lII'OIllRlI';,llI'.~nc IlIfIlnIi)illUl,cIatllF ~ 'IlI1IH -,II,nul'wlIIaIBciI.4ol."'!{I)JlI1I
Len_ e1111111l1 which than ..,uk! '" due a..... -1IIlIIl'I!It 1IlIIruau1~" NI.. u ifill .....~~ bad ~ll>l
....... ..., dttt.\Il\ aI' "",oIhIP ..........llII... ___ (oJ""'-'!..__~ In_Glrd"'Ib"......, ~'"
incllllli..... ..., ...lIll1ltad Ia, ..w,1IIIIIllbIo ..........1?0o; .,..l.,IlI....... _ ~ u I.mUr 1II111/~"*""" Ill..-
that the lim afllll,ltcurIlr Iaoi-t, X-W.ilsh\o;n 6e ~ ..4~cIII~"" the..... ......"',
Ihi. BHlII1r,v rr..~ .._1 thllt IIIIlllll1ll uneh"!'P'l Upl.!' n1u1!l!iillt/l1 III ....~..tl', ..t.IlIIarI',,~.... the
abIipIi-.-.llItNIIr!lltl'L:~1lIllJ c&cUW..ltllll"~ 1IaoI1G!ID"'4. HIlwIvor;l\lIIlfCh~" ~ ohtIl
..t8J1P17lnlbo,_..._t_IIIIUIII-flIlIIII"pIIU.... - '. '.. ... .
J&...I..rMator;Clhupoltl:.-..... tho.lf.. .... JIlA'\itl ip~ in Iht 11'011 ~ wl.l1Il1l11l1etml;r
~_.. _4__ _t1_ '"1tIaat....nallettoBa"""'!l'.A.,l._1'IlIIIlUu~in..Iht..."\rO'-
u lb. "J.aM 1trvICCI"l_.n."IlI_lhI7~ ....lIII.... iM Nalw1ll4!Nt 8ICurI"Ju~" 'l'/l... _""llt_
..man alWlpl al'1ht LaIn Stl'oicor1llllllIaro41a..... at" Hult.Bthtnll..ahtlWlat"'-Lal\n:r.nllllr, Jlcihu_wlIlllt
. 11_ wl11l1n 1IGlI.. allIii cb&rlca in IC_ ....... with ~ U, IIllwt W1.IIIIlI......'l'Ila nOliai wID _ Illo 11IIIII
Ina ..... at the .... LaIn '.Moor ",4 die ...... III _ __ ohouIallt -. 'l'b. _II wlIllllaa IIlIIIloIII ...,
,lhOl'lnlbml&llan NqII\l'H lQi "'~ law. . . '-
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Sa......... S11ll1olan_an ... flllli,"",.,. ..._;1,"....111II................... "- 11>... "lJlId~aII'!octilllll11e PraJIIIIII
lhdJ.ln ~ ot..., IavlrIl1lDtllIIILMr. '" pnaaIli............ oIIaIl..;tpplJ l(Illit."..Dco.-' ,..'...,.an
llie l'raperl1 il'omllllplllllll,*,r,lf>o I o. '!lW - h.-'" lie ~.......... 11>.. tppIUlIltllt. ~ __1laI
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..............1lIII. ..lWgI\aIaij.......... pri_ _ 1.""_lIlO l"N;oat;0in4 ..., ......... ..lit..... ir lllivlniiinamel
x... oI"which Ilona..... ."'!Ib;nrWp. ....,........Iotrlur, ",*,lIlIIIllocI '" ............... ....~-lhadlr.
IIIall "'" romaw!llI'............u.IIi'oft_any t:r ""........ eIlIooliairtloe I'roperir;. _ ......w.i' ohaII JlnlIIIIlIJ
Nalll_lWII\IlIial.rltliolJl~~1IIlIlJ"vlIIlIUlltlIIllILaI/... .' :
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Invll'llll....1lII Lnt ...4 llie ..U.....,.............. ipoe!Iao,. """'"""'" adao,r.1lanIlIlebla fir .. pdI'e1l11la. JiI'lIl\Illlo;'lllIda
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In lid. .......... SII. """""IiI;,lIletcLtw'l'~w.n.J 1a1lllll ...al... ...h ~"'qlIan where II.- 1'1.....' Iir la tClClllllNl. tho!;
..tilt to lmIlh, aI'tt;p ..lIWlfarj~1II pi'aItIlI- . .. ... .
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6RENEN 8. 8IRSJC, P.c. ID '4122817957
,. . SEP 15'00 13'26 No.01B P.O:2
': .-
VERIFICATION
USA GREGORY I Assistant Secretary ,and duly
llutoor1p;ed X'aprMcnt...tlve 01 Alliance Mortgage COp1~ose/l and EUWIl
,
subject to the penalties of 18 PQ. C.S.A. 84904 relating to un8Wo~n
.r.alsifir.:l1t.ion to authoriti!!s tOil\: the facts set forth j.n the
foX'egoing Complaint in I<!ortgage lIol:'e(!105ure lIote true IInd correct to
his information and belief.
,
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06848 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANKERS TRUST COMPANY OF CA
VS
BOOK TIMOTHY D
BRIAN BARRICK
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, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
BOOK TIMOTHY D
was served upon
the
DEFENDANT
, at 0017:59 HOURS, on the 9th day of October ,2000
at 411 5TH ST
NEW CUMBERLAND, PA 17070
TIMOTHY D. BOOK
by handing to
a true and attested copy of COMPLAINT - MORT FORE
NOTI CE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
10,54
.00
10.00
.00
38.54
So ;;~~t
R. Thomas Kline
10/11/2000
GRENEN & BIRSIC
Sworn and Subscribed to before By:
me this IffY day of
{j)~;Lo-o7J A. D.
~(2 ~#
P othonotary I
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A, as Trustee
of Mellon Mortgage CRS
Mortgage, by Alliance
Mortgage Company, Agent,
)
)
)
)
)
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)
1761 East Saint Andrews Place)
Santa Ana, CA 92705-4934 )
)
)
)
)
)
)
)
)
)
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
I hereby certify that the
address of Plaintiff is:
the last known address of
Defendant is:
411 5th Street
New Cumberland, PA 17070
GRENEN & BIRSIC, P.C.
ftt::::;:e~
CIVIL DIVISION
No.: 00-6848 CIVIL TERM
ISSUE NUMBER:
TYPE OF PLEADING:
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
CODE -
FILED ON BEHALF OF:
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee of
Mellon Mortgage CRS Mortgage
by Alliance Mortgage Company,
Agent, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
James F. Grenen, Esquire
Pa. I.D. #46478
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRS Mortgage,
by Alliance Mortgage Company,
Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
SIR:
Please enter a default judgment in the above-captioned case
in favor of Plaintiff and against Defendant, Timothy D. Book in the
amount of $ 68,164.13 which is itemized as follows:
Principal
Interest to 11/14/00
Escrow Deficiency to 11/14/00
Attorneys' fees
Title Search, Foreclosure and
Execution Costs
TOTAL
$61,602.86
$ 3,899.28
$ 111.99
$ 800.00
$ 1.750.00
$68,164.13
with interest on the Principal sum at the rate of $12.66 per diem
from November 14, 2000, and additional late charges, additional
reasonable and actually incurred attorneys' fees, plus costs
(including increases in escrow deficiency) and for foreclosure and
sale of the mortgaged premises.
BY:
Grenen, Esquire
eys for Plaintiff
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AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me, the undersigned authority, a Notary Public in and
for said County and Commonwealth, personally appeared James F.
Grenen, Esquire, attorney for and authorized representative of
Plaintiff who, being duly sworn according to law, deposes and says
that Defendant, Timothy D. Book, is not in the military service of
the United States of America to the best of his knowledge,
Sworn to and subscribed before me
this /7tlLu.ay o~,~....~~o.
tice of Intent to
information and belief and certifies that the
take Defaul t Judgment was mailed in accor
237.1, as evidenced by the attached copy.
Notary Public
Notarial Seal
Joanne M. Wehner, Notary Public
M cPrttsbur9h. Alle9hony County
Y -ommlsslon Explies June 19, 2001
"'omb"" f'onnsylV<nta Ass""latl"" 01 Nomfios
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee )
of Mellon Mortgage CRS Mortgage,)
by Alliance Mortgage Company, )
Agent, )
)
Plaintiff, )
)
) NO.: 00-6848 CIVIL TERM
vs. )
)
)
TIMOTHY D. BOOK, )
)
)
Defendant. )
)
TO: Timothy D. Book
411 5th Street
New Cumberland, PA 17070
DATE OF NOTICE:
November 1, 2000
IMPORTANT NOTICE
-
-
YOU ARE IN DEFAULTBEcAuSJt 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 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:
COURT ADMINISTRATOR
4th Floor, Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
By:
Attorneys for Plaintiff
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
FIRST CLASS MAIL, POSTAGE PREPAID
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
( ) Confessed Judgment
qf ( ) Other
Bankers Trust Company of California, as Trustee
Mellon Mortgage CRA Mortgage, by Alliance
Mortgage Company, Agent,
File No.
00-6848 CIVIL TERM
vs.
Amount Due
Interest
from 1l/l4/00
Atty's Comm
Costs
$79;oJ95.32
tl.f>, /1..4'./J,--'J-
Timothy D. Book,
$ 2,141.39
to 3/7 /U1
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 rea.1 property pursuant to Act 6 of 1974 as amended.
Cumberland
Issue writ of execution in the above matter to the. Sheriff of .
for debt, interest and costs, upon the following described property of the defendant(s)
411 Fifth Street, New Cumberland, PA 17070
County,
PRAECIPE FOR ATTACHMENT EXECUTION
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).
o (Indicate) Index this writ against the garnishee(s) as a lis pendens
defendant(s) described in the attached exhibit.
lJ--t 'J-~ 00
Signature:
Print Name:
. st real estate of the
Date
Address:
ame F. Grenen. Esquire
Grenen & Birsic, P.C.
ORe Cateua?,T Cguter, ~TiRQ Ha.Q..t-..
Pittsburgh, PA 15222
Attorney for:
Plaintiff
Telephone: (417) 7Rl-76~O
Supreme Court 10 No.:46478
(over)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
)
)
)
)
)
) NO.: 00-6848 CIVIL TERM
)
)
)
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)
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)
)
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS:
Bankers Trust Company of California, N .A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
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 of Timothy D. Book located
at 411 Fifth Street, New Cumberland, Pennsylvania 17070 and is more
fully described as follows:
ALL the right, title, interest and claim of Timothy D. Book,
of, in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
.""""""
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KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
1. The name and address of the owner or reputed owner:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 17070
2. The name and address of the defendants in the judgment:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 17070
3. The name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Bankers Trust Company of
California, N.A., .as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Keystone Financial
1 West High Street
Carlisle, PA.17013
4. The name and address of the last record holder of every
mortgage of record:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
5. The name and address of every other person who has any record
lien on the property:
(PLAINTIFF)
Pa. Inheritance Tax Department
Pa Department of Revenue
Bureau of Individual
Taxes
Inheritance Tax Division
Harrisburg, PA 17128-0601
Domestic Relations Office
P.O. Box 320
Carlisle, PA 17013
6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
None
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7. The name and address of every other person whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale:
None
I verify that the statements made in the Affidavit are
true and correct to the best of my personal knowledge, information
and belief. I understand that false s s herein are made
subject to the penalties of 18 Pa. C.S relating to unsworn
falsification to authorities.
! J-r (J-(t2-0
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Grenen, Esquire
ney for Plaintiff
SWORN to and subscribed before
me this ~j:C; day Of.42e
~~~9~
./ Notary Public
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: TIMOTHY D. BOOK
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
CUMBERLAND COUNTY COURTHOUSE
SECOND FLOOR
CARLISLE, PENNSYLVANIA 17013
on March 7, 2001, at 10.00 A.M., the following described real
estate, of which Timothy D. Book is the owner or reputed owner:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
The said Writ of Execution has been issued on a judgment in
the mortgage foreclosure action of
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Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
Timothy D. Book,
Defendant.
at Execution Number 00-6848 Civil Term in the amount of $70,305.52.
Claims against the property must be filed with the Sheriff
before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
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.
A Writ of Execution 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.
LAWYER REFERRAL SERVICE
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, Pennsylvania 17013
TELEPHONE:
(717) 240-6200
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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.
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 if 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 or
judgment.
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 of 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 W EN THE SCHEDULE OF
DISTRIBUTION IS FILED IN THE OFFICE OF HERIFF.
By:
Grenen, Esquire
for Plaintiff
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SALE DATE: MARCH 7, 2001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
) CIVIL DIVISION
)
)
) NO.: 00-6848 CIVIL TERM
)
)
)
) ISSUE NUMBER:
)
) TYPE OF PLEADING:
)
) Pa. R.C.P. RULE 3129.2(c)
) AFFIDAVIT OF SERVICE
) DEFENDANTS/OWNERS
)
)
)
) CODE-
)
) FILED ON BEHALF OF:
)
) BANKERS TRUST COMPANY OF
) CALIFORNIA, N.A., as Trustee of
) Mellon Mortgage CRA Mortgage,
) by Alliance Mortgage Company,
) Agent, plaintiff
)
)
)
) COUNSEL OF RECORD FOR THIS
) PARTY:
)
) James F. Grenen, Esquire
) Pa. I.D. #46478
)
)
)
) GRENEN & BIRSIC, P.C.
) One Gateway Center
) Nine West
) Pittsburgh, PA 15222
)
) (412) 281-7650
)
)
)
)
)
, .
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA Mortgage,
by Alliance Mortgage Company,
Agent,
NO.: 00~6848 CIVIL TERM
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
James F. Grenen, Esquire, Attorney for Plaintiff, Bankers
Trust Company of California, N.A., as Trustee of Mellon Mortgage
CRA Mortgage, by Alliance Mortgage Company, Agent, being duly sworn
according to law deposes and makes the following Affidavit
regarding service of Plaintiff's notice of the sale of real
property in this matter on Timothy D. Book, as follows:
1. Timothy D. Book is the owner of the real property and has
not entered an appearance of record.
2. The undersigned counsel mailed Defendant, Timothy D.
Book, a true and correct copy of Plaintiff's notice of the sale of
real property by certified mail, restricted delivery, return
receipt requested.
A true and correct copy of said Notice is
marked Exhibit "A", attached hereto and made a part hereof.
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3. On or about December 29, 2000, Defendant, Timothy D. Book
received the notice of the sale of real property in this matter as
evidenced by the signed U.S. Postal Service form 3811, certified
mail, restricted delivery, return receipt requested.
A true and
correct copy of the signed U.S. Postal Service form 3811,
evidencing service by certified mail on the identified Defendant,
is mar]~ed Exhibit "B", attached hereto and made a part hereof.
I verify that the facts contained in this Affidavit are true
and correct based upon my personal knowledge, information, and
belief.
BY:
SIC, P"C.
. Grenen,Esquire
Attorn s for Plaintiff
Nine West, One Gateway Center
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS $W DAY OFt~
~r~
Notaria.l Seal
Joanne M. Wehner, Notary Pubk
Pittsburgh, Alleoheny County
My Commission ExpIres June 19, 2001
~b"', Ponnsylv,ni. Associ.bOll of _
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: TIMOTHY D. BOOK
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
CUMBERLAND COUNTY COURTHOUSE
SECOND FLOOR
CARLISLE, PENNSYLVANIA 17013
on March 7, 2001, at 10.00 A.M., the following described real
estate, of which Timothy D. Book is the owner or reputed owner:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
The said Writ of Execution has been issued on a judgment in
the mortgage foreclosure action of
,-,-, '.
. .
" - ".-
(
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
Timothy D. Book,
Defendant.
at Execution Number 00-6848 Civil Term in the amount of $70.305.52.
Claims against the property must be filed with the Sheriff
before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
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.
A Writ of Execution 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.
LAWYER REFERRAL SERVICE
Court Administrator
4th Floor, cumberland County Courthouse
Carlisle, Pennsylvania 17013
TELEPHONE: (717) 240-6200
'"
I~
,
"
!
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.
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 if 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 or
judgment.
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 of 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 W EN THE SCHEDULE OF
DISTRIBUTION IS FILED IN THE OFFICE OF HERIFF.
By:
Grenen, Esquire
for plaintiff
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. Complete items 1, 2. and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
:;'~~~~.:~;"\;;::'f{r;1:~'~:: ~'-f.;'(~i ;';~~~jf~~~'~tJ~:~f~;~ :~:~:~;;;f~~<~?;t;:iWj; 1. Article Addressed to: 13
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efivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
Service Ty
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Registered Cl Return Receipt for Merchandise
o Inswed Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee)
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tCI2595.99-M-1789
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SALE DATE: MARCH 7, 2001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
) CIVIL DIVISION
)
)
)
)
) NO.: 00-6848 CIVIL TERM
)
)
) ISSUE NUMBER:
)
) TYPE OF PLEADING:
)
) Pa. R.C.P. RULE 3129.2 (c) (2)
) LIENHOLDER AFFIDAVIT OF
) SERVICE
)
)
)
) CODE-
)
) FILED ON BEHALF OF:
)
) BANKERS TRUST COMPANY OF
) CALIFORNIA, N.A., as Trustee
) of Mellon Mortgage CRA
) Mortgage, by Alliance Mortgage
) Company, Agent
)
)
) COUNSEL OF RECORD FOR THIS
) PARTY:
)
) James F. Grenen, Esquire
) Pa. I.D. #46478
)
)
)
) GRENEN & BIRSIC, P.C.
) One Gateway Center, Nine West
) Pittsburgh, PA 15222
)
) (412) 281-7650
)
)
)
)
)
)
)
)
)
)
)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF )
CALIFORNIA, N.A.,as Trustee )
of Mellon Mortgage CRA )
Mortgage, by Alliance Mortgage )
Company, Agent, )
)
)
Plaintiff, )
vs. )
)
TIMOTHY D. BOOK, )
)
Defendant. )
NO.: 00-6848 CIVIL TERM
Pa. R.C.P. RULE 3129.2 (c) (2)
LIENHOLDER AFFIDAVIT OF SERVICE
I, James F. Grenen, Attorney for Plaintiff, Bankers Trust
Company of California, N.A., as Trustee of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage Company, Agent, being duly sworn
according to law, deposes and makes the following Affidavit
regarding service of the notice of the sale of real property on all
persons named in Paragraphs 3 through 7 of Plaintiff's Affidavit
Pursuant to Rule 3129.1 as follows:
1. By letters dated December 15, 2000, undersigned counsel
served all persons (other than the Plaintiff) named in Paragraphs
3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with
a notice of the sale of real property by ordinary mail at the
respective addresses set forth in the Affidavit Pursuant to Rule
3129.1. A true and correct copy of said Affidavit Pursuant to Rule
3129 . 1 is marked Exhibi t "A", attached hereto, and made a part
hereof.
2. Undersigned counsel obtained aU. S. Postal Service Form
3817 Certificate of Mailing for each letter.
True and correct
copies of the Certificates of Mailing and any letters, if returned
as of this date, are marked collectively as Exhibit "B", attached
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hereto and made a part hereof.
I verify that the facts contained in this Affidavit are true
and correct based upon my personal knowledge, information and
belief.
BY:
P.c.
renen, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
me this 1-t:;::U day 0 ,01.
~%.~,. 'L--:~ ij/~
Nocary publi
Notarial SIJia;W"' Pub~C
Joanne M, Wehner, H 6! unly
PillSbur9h, AlleQh'3I1Y ,,) 19 ?()()1
r>~mmisslon E.xplr~)S June~:...-...l
IooIy VV''' :.~ Its
PotmSylvanj! AsS\lGIaUOO ll! ~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
)
)
)
)
)
) NO.: 00-6848 CIVIL TERM
)
)
)
)
)
)
)
)
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS:
Bankers Trust Company of California, N .A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
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 of Timothy D. Book located
at 411 Fifth Street, New cumberland, Pennsylvania 17070 and is more
fully described as follows:
ALL the right, title, interest and claim of Timothy D. Book,
of, in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY 01'
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
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KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
l. The name and address of the owner or reputed owner:
Timothy D. Book 411 Fifth Street
New Cumberland, PA 17070
2. The name and address of the defendants in the judgment:
Timothy D. Book 411 Fifth Street
New Cumberland, PA 17070
3. The name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Keystone Financial
1 West High Street
Carlisle, PA 17013
4. The name and address of the last record holder of every
mortgage of record:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
5. The name and address of every other person who has any record
lien on the property:
(PLAINTIFF)
Pa. Inheritance Tax Department
Pa Department of Revenue
Bureau of Individual
Taxes
Inheritance Tax Division
Harrisburg, PA 17128-0601
Domestic Relations Office
P.O. Box 320
Carlisle, PA 17013
6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
None
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7. The name and address of every other person whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale:
None
I verify that the statements made in the Affidavit are
true and correct to the best of my personal knowledge, information
and belief. I understand that false s herein are made
subject to the penalties of 18 Pa. C.S relating to unsworn
falsification to authorities.
I J--- (J-LP-O
Grenen, Esquire
for Plaintiff
SWORN to and subscribed before
me this ~ -p:;:; day Of~
ft -.~~~
Notary Public
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Exhibit "B"
.
U,3, POSTAL SEAVICE CERTIFICATE F MAILING
MAY BE USED FOR QOMESTIC A.NO lNTERNATIONAl MAil OOES NQ1
PROVIDE FOR INSURANCE-POSTMASTER '
Recelvad From:
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U.S. POSTAL SEAVICE CERTIFICATE OF MAilUIlIG
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. o'o'es NOT
PROVIDE FOR INSURANCE POSTMASTER
Received From:
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SALE DATE: MARCH 2, 2005
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF )
CALIFORNIA, N.A., as Trustee of )
Mellon Mortgage CRA Mortgage, )
by Alliance Mortgage Company, )
Agent, )
)
Plaintiff, )
)
vs. )
)
TIMOTHY D. BOOK, )
)
)
)
Defendant. )
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CIVIL DIVISION
NO.: 00--6848 CIVIL TERM
ISSUE NUMBER:
TYPE OF PLEADING:
Pa. R.C.P. RULE 3129.2 (c) (2)
LIENHOLDER AFFIDAVIT OF
SERVICE
CODE -
FILED ON BEHALF OF:
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
James F. Grenen, Esquire
Pa. I.D.46478
GRENEN & BIRSIC, P.C.
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
NO.: 00-6848 CIVIL TERM
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
Pa. R.C.P. RULE 3129.2(c~
LIENHOLDER AFFIDAVIT OF SERVICE
I, James F. Grenen, Attorney for Plaintiff, Bankers Trust
Company of California, N.A., as Trustee of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage Company, Agent, being duly sworn
according to law, deposes and makes the following Affidavit
regarding service of the notice of the sale of real property on all
persons named in Paragraphs 3 through 7 of Plaintiff1s Affidavit
Pursuant to Rule 3129.1 as well as all persons named in Plaintiff's
Supplemental Affidavit Pursuant to Rule 3129.1 as follows:
1. By letters dated November 23, 2004, undersigned counsel
served all persons (other than the Plaintiff) named in Paragraphs
3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with
a notice of the sale of real property by ordinary mail at the
respective addresses set forth in the Affidavit Pursuant to Rule
3129.1. A true and correct copy of said Affidavit Pursuant to Rule
3129.1 is marked Exhibit IIAII, attached hereto, and made a part
hereof.
2. Undersigned counsel obtained aU. S. Postal Service Form
3817 Certificate of Mailing for each letter.
True and correct
copies of the Certificates of Mailing and any letters, if returned
as of this date, are marked collectively a:3 Exhibit "B", attached
hereto and made a part hereof.
3. By letter dated December 15, 2004, undersigned counsel
served the persons named in Plaintiff I s Supplemental Affidavit
Pursuant to Rule 3129.1 with a notice of the sale of real property
by ordinary mail at the address set forth in the Supplemental
Affidavit Pursuant to Rule 3129.1. A true and correct copy of said
Supplemental Affidavit Pursuant to Rule 3129.1 is marked Exhibit
"C", attached hereto, and made a part hereof.
4 . Undersigned counsel obtained aU. S. Postal Service Form
3817 Certificate of Mailing for the letter set forth in Paragraph
3 herein.
True and correct copies of the Certificate of Mailing
and said letter, if returned as of this date, are marked
collectively as Exhibit "D", attached hereto and made a part
hereof.
I verify that the facts contained in this Affidavit are true
and correct based upon my personal knowledge, information and
BY:
/}
GRENEN.~.
/James F. Grenen, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
belief.
Sworn to and subscri~~ pefo~e ~
this I 7-cJL." day Ot,{~2004.
: No~aria! 6eal
~oanne M, \;v'ehner, Notary Public I
Cilf of Pilts:.>urgh, Allegheny Coun-t'i_1
My Commission Expires June 19, ~
MemMr, Pennsylvarua Association at Notaries
~~#~/
!' - Notary Public
Exhibit "A"
(
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
TIMOTHY D. BOOK,
Defendant.
)
}
}
}
}
} NO.: 00-6848 CIVIL TERM
}
}
}
}
}
}
}
}
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS:
Bankers Trust Company of California, N .A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
Plaintiff in the above action, sets forth as of the date the
Praecipe for Writ of Execution was filed thE! following information
concerning the real property of Timothy D. Book located at 411
Fifth Street, New Cumberland, Pennsylvania 17070 and is more fully
described as follows:
ALL the right, title, interest and claim of Timothy D. Book,
of, in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
(
(
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
1. The name and address of the owner or reputed owner:
Timothy D. Book
411 Fifth Street
Ne'lfl Cumberland, PA 17070
2. The name and address of the defendants in the judgment:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 17070
3. The name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Keystone Financial
P.O. Box 1382
Pottsville, PA 17901
4. The name and address of the last record holder of every
mortgage of record:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PU~INTIFF)
Mellon Bank, N.A.
10 South Market Square
Harrisburg, PA 17112
5. The name and address of every other person who has any record
lien on the property:
None
/
(
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6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
Pa. Inheritance Tax Department
Pal Department of Revenue
Bureau of Individual
Ta.xes
In~eritance Tax Division
Ha.rrisburg, PA 17128-0601
Domestic Relations Office
P.O. Box 320
Carlisle, PA 17013
Commonwealth of pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
7. The name and address of every other person whom the plaintiff
has knowledge who has any interest in the property which may be
affected by the sale:
None
I verify that the statements made in the Affidavit are true
and correct to the best of my personal k l~ledge, information and
belief. I understand that false stateme s ~rein are made subject
to the penalties of 18 Pa. C.S.A. ( relating to unsworn
falsification to authorities.
-I-{-? ~1
Grenen, Esquire
for Plaintiff
SWORN to and subscribed before
me this!- tJtA; day of
2004. / I /-
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". Not;.a.ry Publ~c
No:arial Seal :
Joanne M. Wehner. Notary Public I
City ot Pilts,:'urgh, ~lIegheny coun~
My Commission Expires June 19, 2005
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Member, PennsytvanlaAssoClatJOn 01 Not'l~";S
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Exhibit "e"
IN THE CCURT CF CCMMo.NPLEAS CF CUMBERLAND Co.UNTY, PENNSYLVANIA
CIVIL DIVISICN
BANKERS TRUST CCMPANY o.F
CALI Fo.RNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NC.: 00-6848 CIVIL TERM
vs.
TIMo.THY D. BCCK,
Defendant.
SUPPLEMENTAL AFFIDAVIT PURSUANT TO. RULE 3129.1
CCMMo.NWEALTH o.F PENNSYLVANIA
SS::
Co.UNTY o.F ALLEGHENY
Bankers Trust Company of California" N .A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance ~brtgage Company, Agent,
Plaintiff in the above-captioned actic)n files the instant
Supplemental Affidavit Pursuant to Rule 3129.1. The information
identified below is in addition to the information previously
identified in the Affidavit Pursuant to Rule 3129.1.
As of the date that the Praecipe for Writ of Execution was
filed, the information set forth below was of record concerning the
real property of Timothy D. Book located at 411 5th Street, New
Cumberland, Pennsylvania 17070, and is more fully described as
follows:
ALL the right, title, interest and claim of Timothy D. Book,
of in and to:
ALL THE Fo.LLo.WING DESCRIBED REAL ESTATE' SITUATED IN THE FIRST
WARD, Bo.RCUGH CF NEW CUMBERLAND, CUMBERLAND CCUNTY, PENNSYLVANIA.
CCNTAINING 3,500 SQUARE FEET CF LAND ACCORDING TO. A SURVEY o.F
BISCo.N LAND SURVEYING Co.., INC. HAVING ERECTED THERECN A DWELLING
KNCWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
Bo.CK Vo.LUME 150, PAGE 541, TAX PARCEL NO.. 25-24-0811-138.
1 . The name and address of every other person whom the
plaintiff h~s knowledge who has any interest in the property which
may be affected by the sale:
Treasurer's Office
Cumberland County Courthouse
Carlisle, PA 17013
I verify that the statements made in the Supplemental
Affidavit are true and correct to the best of my personal
knowledge, information and beli , J: understand that false
statements herein are made sub' t ,to the ....penalties of 18 Pa.
C.S.A. S4904 relating to unswo a~sifi(~ion to authorities.
.'
J es . Grenen, Esquire
Attorneys for Plaintiff
SWORN TO and SUBSCRIBED BEFORE ME
THIS /S--~ DAY OF~004.
Notarial Seal
Joanne M. Wehner, NotarY PeoUbllcnty
City of PiUSOOrah. Allegheny U
My Commission expires June 19, 2005
Member, Pennsylvania AssoCi!11!on 01 Notaries
Exhibit "D"
R_ived From:
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Grcr.~n tJ eir~ir.. PC.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Bankers Trust Company of California, N .A., as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Agent,
Plaintiff in the above-captioned action files the instant
Supplemental Affidavit Pursuant to Rule 3129.1. The information
identified below is in addition to the information previously
identified in the Affidavit Pursuant to Rule 3129.1.
As of the date that the Praecipe for Writ of Execution was
filed, the information set forth below was of record concerning the
real property of Timothy D. Book located at 411 5th Street, New
Cumberland, Pennsylvania 17070, and is more fully described as
follows:
ALL the right, title, interest and claim of Timothy D. Book,
of in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
1. The name and address of every other person whom the
plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
Treasurer's Office
Cumberland County Courthouse
Carlisle, PA 17013
I verify that the statements made in the Supplemental
Affidavit are true and correct to the best of my personal
knowledge, information and beli I understand that false
statements herein are made subi t to the/penalties of 18 Pa.
C. S .A. ~4904 relating to alsificji1::ion to authorities.
I /'
/
I
J es F. Grenen, Esquire
Attorneys for Plaintiff
SWORN TO and SUBSCRIBED BEFORE ME
THIS /5--(7;u DAY OF ~/2004.
?~5#fi/~
Notary Public
---~~----~--_._,-...., ,
No',arial Seal . I
Joanne M, Vllehner, Notary Public
City of PiU:sJurgh, ~lIegheny County
My Commission Expires June 19, 2005
Member, Penr sy!vr\'1i:-l Assori,~!>0'1 0' Noicries
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SALE DATE: MARCH 2, 2005
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF )
CALIFORNIA, N.A., as Trustee of )
Mellon Mortgage CRA Mortgage, )
by Alliance Mortgage Company, )
Agent, )
)
Plaintiff, )
)
vs. )
)
TIMOTHY D. BOOK, )
)
)
Defendant. )
)
)
)
)
)
)
)
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CIVIL DIVISION
NO.: 00--6848 CIVIL TERM
ISSUE NUMBER:
TYPE OF PLEADING:
Pa. R.C.P. RULE 3129.2(c)
AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
CODE -
FILED ON BEHALF OF:
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
COUNSEL OF RECORD FOR THIS
PARTY:
James F. Grenen, Esquire
Pa. I.D. #46478
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsbur~Jh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF )
CALIFORNIA, N.A., as Trustee of )
Mellon Mortgage CRA Mortgage, )
by Alliance Mortgage Company, )
Agent, )
)
Plaintiff, )
)
vs. )
)
TIMOTHY D. BOOK, )
)
)
Defendant. )
NO.: DO-6848-CIVIL TERM
Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
James F. Grenen, Esquire, Attorney for Plaintiff, Bankers
Trust Company of California, N.A., as Trustee of Mellon Mortgage
CRA Mortgage, by Alliance Mortgage Company, J\gent, being duly sworn
according to law deposes and makes thE! following Affidavit
regarding service of Plaintiff's notice of the sale of real
property in this matter on Timothy D. Book, as follows:
1. Timothy D. Book is the owner of the real property and
has not entered an appearance of record.
2. The undersigned counsel mailed Defendant, Timothy D.
Book a true and correct copy of Plaintiff's notice of the sale of
real property by certified mail, return receipt requested,
restricted delivery.
A true and correct copy of said Notice is
marked Exhibit IIAII, attached hereto and made a part hereof.
3. Defendant, Timothy D. Book received the notice of the
sale of real property in this matter as evidenced by the signed
U.S. Postal Service form 3811, certified mail return receipt. A
true and correct copy of the signed u.s. Postal Service form 3811,
evidencing service by certified mail on the identified Defendant,
is marked Exhibit "B", attached hereto and made a part hereof.
I verify that the facts contained in this Affidavit are true
and correct based upon my personal knowledge, information, and
belief.
P.C.
BY:
James F. Grenen, Esquire
Attorneys for Plaintiff
Ninth Floor, One Gateway Center
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
me this I ~ day ~(VfP__L~004.
r-. ..;~-4{~/
Notary PubllC
N,\;acia\ t:iea! .
Joanne M, "\lehner, Notary Public ,
I City of PittsJurgh. Allegheli)' Cour,lV "
My Commission Expires June 1 g, 2005 i
L _------.- ""---:,-::-: ;~,:',:_~,-
'.11(~r.lt'r' ~':r::' "\,. ,
Exhibit "A"
(
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
NOTICE OF SHERIFF'S SALE OF RE:AL ESTATE
TO: TIMOTHY D. BOOK
TAKE NOTICE that by virtue of the above Writ of Execution
reissued 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 thf~
CUMBERLAND COUNTY COURTIIOUSE
SECOND FLOOR
CARLISLE, PENNSYLVANIA 17013
on March 2, 2005 at 10:00 A.M., the following described real
estate, of which Timothy D. Book is the OWIler or reputed owner:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FIRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBER~) COUNTY, PENNSYLVANIA.
CONTAINING 3, 500 SQUARE FEET OF LAND ACCORDING TO A SURVEY OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWELLING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, P8NNSYLVANIA 17070. DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
The said Writ of Execution has been re:Lssued on a judgment in
the mortgage foreclosure action of
(
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs.
Timothy D. Book,
Defendant.
at Execution Number 00-6848 Civil Term in the amount of
$103,581.02.
Claims against the property must be filed with the Sheriff
before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before distribution.
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.
A Writ of Execution 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, Pennsylvania 17013
TELEPHONE: (717) 249-3166
800-990-9108
(
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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.
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 Mlortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment
opened if you promptly file a petition with the Court alleging a
valid defense and a reasonable excuse f\:>r failing to file the
defense on time. If the judgment is opEmed the Sheriff I s Sale
would ordinarily be delayed pending a trial of the issue of whether
the plaintiff has a valid claim to forleclose the mortgage or
judgment.
You may also have the right to have the judgment stricken if
the Sheriff has not made a valid return of 13ervice of the Complaint
and Notice to Defend or if the judgment was entered before twenty
(20) days after service or in certain oth.~r 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 of 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 APTER 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 qHEN THE SCHEDULE OF
DISTRIBUTION IS FILED IN THE OFFICE OF SHERIFF.
~.c.
By:
warnes F. Grenen, Esquire
Attorney for Plaintiff
Exhibit "B"
. ~1IlIi'n.1. 2. ..,a. AIIoOOnlplete
1tiIin........... ~.......
. PrInt 'J04li.... a1d...... on h nMnI8
80 _..-can ~ heIRU,>you.
. AbCtttNtt.a to." ~ d1he ITlIIIIpIec6.
. QI' O!: .. tont If spece ~
o Agent
AddI8!!!!..
C. o.ae 01 DelIVery
'8 Foim 38~tJ. Fei:INary 2004
7003 2260 ODDS
,
~.... 0 ap........
o R8~tl *' O.M.m AIcIfpt for Merd18i'1dI8e
o InIuNd MIll 0 C.O.D.
4. Reetrk:ted DeIIoMy? cEmI Fe.}
62S2 4181--;l \ i \ ;; ;, ,
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d.-Iii {"fY-"
~ .... '
DomeetlC Ret1m . -..
~ ,W --.-
~
102~~~~~ I
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
00- t 'it'
I, Robert p, Ziegler, Recorder of Deeds in and for said County and State do hereby certi y that
the Sheriffs Deed in which Duetche Bank is the grantee the same having been sold to said gran ee on
the 2nd day of March A,D" 2005, under and by virtue of a wril Execulion issued on the 17th da of
November, A,D" 2004, out of the Court of Common Pleas of said County as of Civil Term, 20 0
Number 6848, at the suit of Bankers Trust Co ofCa N A Tr against Timothy D Book is duly re orded in
Sheriffs Deed Book No, 267, Page 4515,
IN TESTIMONY WHEREOF, I ha~eunto se my hand
and seal of said office this / day of
,kD, .2~0
ecorde
s, Cumberland Cou
ion ExpIres the First
of Deeds
,CaJ1is1e,PA
of Jon. 200lI
Bankers Trust Company of California
Et al
VS
Timothy D, Book
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No, 2000-6848 Civil Term
R Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: Timothy D,
Book, but was unable to locate him in his bailiwick He therefore deputized the Sheriff
of Dauphin County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale
and Description according to law,
Dauphin County Return: And Now: December 23,2004 at 9:55 am served the
within Real Estate Writ, Notice & Description upon Timothy D, Book by personally
handing to Christina Book, wife, one true attested copy of the original Real Estate Writ,
Notice & Description and making known to her the contents thereof at 3244 Peters
Mountain Road, Halifax, P A 17032-9515, So Answers: J,R Lotwick, Sheriff
Harold Weary, Deputy Sheriff, who being duly sworn according to law, states th t
on January 04, 2005 at 4:20 o'clock P,M" he posted a true copy of the within Real Estat
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Timothy D, Book, located at 411 Fifth Street, New Cumberland, Pennsylvania, accordin
to law,
R Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Timothy D, Book, by regular mail to his last known address of 3244
Peters Mountain Road, Halifax, PA 17032-9515, This letter was mailed under the date f
December 30, 2004 and never returned to the Sheriff's Office,
R Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on March 02, 2005 at 10:00 o'clock AM, He sold the same for th
sum of $1 ,00 to Attorney James Grenen for Duetche Bank, f/kJa Bankers Trust Compan
of California, It being the highest bid and best price received for the same, Duetche
Bank, f/kJa Bankers Trust Company of California of 1761 East Saint Andrews Place,
Santa Ana, CA 92705, being the buyer in this execution, paid to SheriffR Thomas Klin
the sum of$959,72, it being costs,
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
$30,00
18,82
15,00
15,00
30,00
10,00
till!,
!.\
l~'l /l\0" 111\
(T Jz J Joo
@\\-J
Law Library
Prothonotary
Mileage
Certified Mail
Out of County
Dauphin County
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff's Deed
$
LOO
l3J2
4.42
9,00
33.75
15,00
20,00
32L20
326,98
30,73
25,00
40,50
959,72
Sworn and subscribed to before me
This 021 day of '7Yl~
2005, AD,
So Answers:
r~..-t:~
R. Thomas Kline, Sheriff
By\jO~S~
Real Est. Deputy
'"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV IA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N,A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
)
)
)
)
)
) NO,: 00-6848 CIVIL TERM
)
)
)
)
)
)
)
)
Plaintiff,
vs.
TIMOTHY D, BOOK,
Defendant,
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Bankers Trust Company of California, N.A" as Trustee of
Mellon Mortgage CRA Mortgage, by Alliance Mortgage Company, Ag
plaintiff in the above action, sets forth as of the date
Praecipe for Writ of Execution was filed the following informa
concerning the real property of Timothy D. Book located at 11
Fifth Street, New Cumberland, pennsylvania 17070 and is more fu ly
described as follows:
ALL the right, title, interest and claim of Timothy D, Bo k,
of, in and to:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE FI ST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVAN A,
~
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURVE OF
BISCON LAND SURVEYING CO., INC, HAVING ERECTED THEREON A DWE ING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070. EED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO, 25-24-0811-138,
1. The name and address of the owner or reputed owner:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 1 070
2. The name and address of the defendants in the judgment:
Timothy D. Book
411 Fifth Street
New Cumberland, PA 1 070
3, The name and last known address of every judgment cre itor
.whose judgment is a record lien on the real property to b3 S ld:
Bankers Trust Company of
California, N,A" as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Keystone Financial
P,O, Box 1382
Pottsville, PA 17901
4. The name and address of the last record holder of very
mortgage of record:
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company Agent
(PLAINTIFF)
Mellon Bank, N.A.
10 South Market Squa e
Harrisburg, PA 17112
5, The name and address of every other person who has any r cord
lien on the property:
None
...
6. The name and address of every other person who has any re ord
interest in the property and whose interest may be affected by the
sale:
Pa. Inheritance Tax Department
Pa Department of Reve ue
Bureau of Individual
Taxes
Inheritance Tax Divi ion
Harrisburg, PA 17128-0601
Domestic Relations Office
P.O. Box 320
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfar
P,O, Box 2675
Harrisburg, PA 17105
7. The name and address of every other person whom the plai tiff
has knowledge who has. any interest in the property which m y be
affected by the sale:
None
I verify that the statements made in the Affidavit are true
and correct to the best of my personal k wledge, informati nand
belief. I understand that false stateme s rein are made s bject
to the penalties of 18 Pa, C.S.A. s relating to u sworn
falsification to authorities,
Grenen, Esquire
for Plaintiff
---+( - y -<J 1
SWORN to and subscribed before
me this!-avc-
2004,
~~]
. / '. Not-a't'y Publlc .
~d~-
No~aria) 85'S!
Joanne M. Wehner, !\Io~ary Public :
City of P!tls:Jurgh, J.\liegnen,; C<)unty I'
My Commission Expires June i 9, 20051
Memb8l", Pennsyivan!a.t,SS0(:'iBt!C ,I ~m::~;;e~,~~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV IA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO,: 00-6848 CIVIL TERM
vs.
TIMOTHY D, BOOK,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: TIMOTHY D. BOOK
TAKE NOTICE that by virtue of the above Writ of Exec tion
reissued out of the Court of Common Pleas of Cumberland Co nty,
Pennsylvania, and to the Sheriff of Cumberland County, dire ted,
there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
SECOND FLOOR
CARLISLE, PENNSYLVANIA 17013
on March 2, 2005 at 10:00 A.M., the following described real
estate, of which Timothy D. Book is the owner or reputed own r:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE IRST
WARD, BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLV IA.
CONTAINING 3,500 SQUARE FEET OF LAND ACCORDING TO A SURV Y OF
BISCON LAND SURVEYING CO., INC. HAVING ERECTED THEREON A DWE LING
KNOWN AS 411 FIFTH STREET, NEW CUMBERLAND, PENNSYLVANIA 17070, DEED
BOOK VOLUME 150, PAGE 541, TAX PARCEL NO. 25-24-0811-138.
The said Writ of Execution has been reissued on a judgme t in
the mortgage foreclosure action of
Bankers Trust Company of
California, N.A., as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance
Mortgage Company, Agent,
Plaintiff,
vs,
Timothy D. Book,
Defendant,
at Execution Number 00-6848 Civil Term in the amoun of
$103,581.02.
Claims against the property must be filed with the Sh riff
before the above sale date.
Claims to proceeds must be made with the Office of the Sh riff
before distribution.
Schedule of Distribution will be filed with the Office 0
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a Petition to Set Aside th
must be filed with the Office of the Sheriff no later than te
days from the date when Schedule of Distribution is filed i
Office of the Sheriff,
A Writ of Execution has been issued because there
judgment against you. It may cause your property to be he
taken to pay the judgment. You may have legal rights to pr
your property from being taken. A lawyer can advise you
specifically of these rights. If you wish to exercise your ri
you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION T
LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHER
CAN GET LEGAL ADVICE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
TELEPHONE: (717) 249-3166
800-990-9108
the
Sale
(10)
the
is a
d or
vent
more
hts,
YOUR
E GO
YOU
You may have legal rights to prevent the Sheriff's Sal and
the loss of your property. In order to exercise those ri hts,
prompt action on your part is necessary,
You may have the right to prevent or delay the Sheriff's
by filing, before the sale occurs, a petition to open or strik
judgment or a petition to stay the execution.
Sale
the
If the judgment was entered because you did not file wit the
Court any defense or objection, you might have within twenty (20)
days after service of the Complaint for Mortgage Foreclosur and
Notice to Defend, you may have the right to have the jud ment
opened if you promptly file a petition with the Court alleg ng a
valid defense and a reasonable excuse for failing to fil the
defense on time. If the judgment is opened the Sheriff's Sale
would ordinarily be delayed pending a trial of the issue of wh ther
the plaintiff has a valid claim to foreclose the mortga e or
judgment.
You may also have the right to have the judgment strick
the Sheriff has not made a valid return of service of the Comp
and Notice to Defend or if the judgment was entered before t
(20) days after service or in certain other events. To exe
this right you would have to file a petition to strik
judgment.
You may also have the right to petition the Court to st
delay the execution and the Sheriff's Sale if you can show a d
in the Writ of Execution of service or demonstrate any other
or equitable right,
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SAL
ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE
THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS R
YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND B
THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SH
WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS
WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDUL
DISTRIBUTION IS FILED IN THE OFFICE OF T SHERIFF.
n if
aint
enty
cise
the
y or
fect
egal
SET
, IF
GHT,
FORE
RIFF
ILED
OF
..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL IA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N,A" as Trustee
of Mellon Mortgage CRA
Mortgage, by Alliance Mortgage
Company, Agent,
Plaintiff,
NO.: 00-6848 CIVIL TERM
vs.
TIMOTHY D. BOOK,
Defendant.
LONG FORM DESCRIPTION
ALL THAT CERTAIN piece, parcel or tract of land wit the
buildings and improvements thereon erected situate in the irst
Ward of the Borough of New Cumberland, Cumberland Co nty,
Pennsylvania, more particularly bounded and described as fol ows,
to wit:
BEGINNING at an iron pin on the northern right-of-way of ifth
Street, said point being located South 47 degrees 45 minut s 00
seconds West, for a distance of 150.00 feet from the northwe tern
corner of the intersection of Fifth Street with Reno Street; t ence
along the northern right-of-way of Fifth Street, South 47 de rees
45 minutes 00 seconds West, for a distance of 25.00 feet to an iron
pin; thence through the center of a party wall and along tax p rcel
137, North 42 degrees 15 minutes 00 seconds West, for a distan e of
140.00 feet to an iron pin on the southern right-of-way li e of
Smith Avenue (20 foot right-of-way); thence along the sou hern
;
right-of-way line of Smith Avenue, North 47 degrees 45 minut s 00
seconds East, for a distance of 25.00 feet to a wood posti t ence
along tax parcel #139, South 42 degrees 15 minutes 00 seconds ast,
for a distance of 140.00 feet to an iron pin, the poi t of
BEGINNING,
CONTAINING 3,500 square feet of land according to a sur yof
Biscon Land Surveying Co., Inc. dated January 14, 1991. Pre ises
being known as 411 Fifth Street. Tax Map 24-811, Tax Parcel 138,
BEING the same property which Stephen J. Shuey and Li a M,
Shuey, his wife, granted and conveyed to Timothy D. Book, b Deed
dated December 6, 1996 and recorded December 12, 1996,
the
Recorder of Deeds Office, Cumberland County, Pennsylvania i Deed
Book Volume 150, Page 541.
By:
J mes F. Grenen, Esquire
A torneys for Plaintiff
One Gateway Center, Nine W st
Pittsburgh, PA 15222
(412) 281-7650
DBV 150
Page 541
Tax Parcel No, 25-24-0811-138
WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 00-6848 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANKERS TRUST COMPANY OF CALIFORNIA,
N.A., AS TRUSTEE OF MELLON MORTGAGE CRA MORTGAGE, BY ALLIANCE
MORTGAGE COMPANY, AGENT, Plaintiff(s)
From TIMOTHY D. BOOK
(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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro
paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda t
(s) or otherwise disposing thereof;
(3) Ifproperty 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 hirnlher that helshe has been added as
garnishee and is enjoined as above stated,
Amount Due $68,164.13
Interest FROM 11/4/00 TO 3i2/05 - $35,416.89
Atty's Corum %
Atty Paid $3970.37
Plaintiff Paid
Date: NOVEMBER 17, 2004
LL
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
REQUESTING PARTY:
Name .JAMES F, GRENEN, ESQillRE
Address: GRENEN & BIRSIC, P.C.
ONE GATEWAY CENTER, NINTH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-7650
Supreme Court ID No, 46478
Real Estate Sale #22
On December 01, 2004 the Sherifflevied upon the
defendant's interest in the real property situated in
New Cumberland Borough, Cumberland County, PA
Known and numbered as 411 Fifth Street,
New Cumberland, more fully described on Exhibit "A"
Date: December 01, 2004
By:Jt'A I ,f,. , ;J-I.
Real Es~Ob~~\
~
~
~~
~G\)
~r'}
filed with this writ and by this reference incorporated herein.
111 :E d DE ADN 1100l
Vd -AJ.r'JJ10j U,\\lt.1.::;d;"Jj"l:..i
;J.:j1~3HS JHl JO 3JUJO
.
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No, 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L Clark, being duly sworn according to law, deposes and says:
That he is the Accounts Receivable Manager of The Patriot News Co" a corporation organized and xisting
under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 t 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of he
Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News ere
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously publis ed ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and pu ished
in their regular daily and/or Sunday! Metro editions which appeared on the 18th and 25th day(s) of January a d the
1st day(s) of February 2005, That neither he nor said Company is interested in the subject matter of said pri ted
notice or advertising, and that all of the allegations of this statement as to the time, place and character of pu lication
are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to ver" y this
statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously pa sed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book' M",
Volume 14, Page 317,
PUBLICATION
/}
/ / '
Ul
.! l.
""""""""""""""""""""""""""f',,""""""""""""""""""'"
COpy
SALE#22
Sworn to and subscribed befor
NOTARIAl SEAl
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
.
Statement of Advertising Costs
To THE PATRIOT-NEWS CO,
For publishing the notice or publication attached
hereto on the above stated dates
326,98
Publisher's Receipt for Advertising Cost
The Patriot News Co" publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the sa e have
been duly paid,
By""""""""""""""""""""",.""""", """"""
REAL ESrATE SALE No. 22
Writ No.lOOO 881.
ClvllTerm
Ban......1l1Ist Co. 01 CelIfom1B.
N.A., as ~ of IIeII<Ht
Morlgllge eRA 1IoItgqe.'"
AllIance 1IoI~ Company.
Agent
v.
TImolIIlt D. Book
Ally:JB!IO F._
DESCRIPTION
M"
AIL TILIT CEKrAIN piece, pan:el or tract
of IIIld wiIh Iile buiIdiDgs and imj>ovemen.
-...__inlilefintWWof1be
Borough at New Cumbcr.JaIld. Ommland
CoImIy, Penn-S}l...... more ponicuIJrly bounilcd
and_asfollows,lOwU:
BEGJNNING a1 an :iroo pin on'!be oortbem
righl-af-way at Ht1h Street; said poiDl bciug
Iocatod Solllh 47 de8= 45 ~ 00_
W""fur,_ <f 150,OOfeelftom1be
_""""at1be_atHt1h
_wilhllellOStreet; lilencoaloog1benortbem
rigltt-af-way of Filih Street, Soulh 47 degt<o; 45
miDutes 00_-' fill ,_ofZS:OO
feet to aniron pin: Iilencothloogh1becenlf{of,
party wall and aloog !as pan:el137, Ncnh42
de8=15_00_W""flll'
_ of 140,00 feet to an irilopin..1be
_ rigln-af-way !iJIe of Smith A_ (20
foot righl-<lf.way); Iilenco along 1be _
righl-of.way line of Smilh Avame, North ~
degt<o;45miDutes 00_East, for",
di"""" of 25,00 feet to , wood po<!; tbeBce
along !as pan:el 1139, Soulh 42 degt<o; 15
miDutesOO_East,for'dio-.....ofl40.00
reet 10 an iron pin.1be point 01 BllGINNlNG,
CONTAININli 3$kl >qUIlt feet of IIIld
o:<IlII!injJ Ill' survey 01 BiscOD LaIld.Smveying
Co", Inc, dated /1llIlllIlY 14, 1991. Prem-ises being
known as 411 Filih ~ fu Map mn fu
Pareelll38,
- 8EING 1be """ propeny whiclt Stq>ben J,
Shuey and Lisa M, Shuey, his -.;Je, granted and
conveyed III TI1ll<lIby D, Book, by Deed dated
__ 6, 1996 and recot1Itd __ 12,
1996,in1be_oIJleedaOtlioe,
~~~inDeedB"""
lIll_llO.Pa,e141. "
fu PIn:d fl5-24-OII11.138,
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No, 587, approved May 16, 1929), p, L1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, ofthe County d
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland L w
Journal, a legal periodical published in the Borough of Carlisle in the County and State afore aid,
was established January 2,1952, and designated by the local courts as the official legal
periodical for lhe publication of all legal notices, and has, since January 2, 1952, been regula y
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was prinled in the regular editions and issues of the said Cumberland La
Journal on the following dates,
VIZ:
Janua 14,21,28,2005
Affiant further deposes that he is authorized to verify this statement by the Cumberlan
Law Journal, a legal periodical of general circulation, and that he is not interested in the subjec
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and char'lcler of publication are true,
SWO TO AND SUBSCRIBED before me this
28 day of January, 2005
~~ ~ ~ ).1 krJ.'/.fA J
Notary
REAL ESTATE SALE NO, 22
Writ No, 00-6848 Civil
Bankers Trust Company
of California, N.A., as Trustee
of Mellon Mortgage
eRA Mortgage, by Alliance
Mortgage Company. Agent
vs,
Timothy D, Book
Atty.: James F. Grenen
LONG FORM DESCRIPTION
ALL THAT CERTAIN piece, par~
eel or tract of land with the build-
ings and improvements thereon
erected situate in the First Ward of
the Borough of New Cumberland,
Cumberland County, Pennsylvania,
more particularly bounded and de-
scribed as follows. to wit:
BEGINNING at an iron pin on the
northern right-oi-way of Fifth Street,
said point being located South 47
degrees 45 minutes 00 seconds
West, for a distance of 150.00 feet
from the northwestern comer of the
intersection of Fifth Street with Reno
Street: thence along the northern
right-oi-way of Fifth Street, South
47 degrees 45 minutes 00 seconds
West, for a distance of 25.00 feet
to an iron pin; thence through the
center of a party wall and along tax
parcel 137. North 42 degrees 15
minutes 00 seconds West. for a dis~
tance of 140.00 feet to an iron pin
on the southern right-of-way line of
Smith Avenue (20 foot right-of-way);
thence along the southern right-of-
way line of Smith Avenue. North 47
degrees 45 minutes 00 seconds
East, for a distance of 25.00 feet to
a wood post: thence along tax par-
cel #139. South 42 degrees 15 min-
utes 00 seconds East. for a distance
of 140.00 feet to an iron pin. the
point of BEGINNING.
CONTAINING 3.500 square feet
of land according to a survey of
Biscan Land Surveying Co.. Inc.
dated January 14. 1991. Premises
being known as 411 Fifth Street.
Tax Map 24-811. Tax Parcel # 138.
BEING the same property which
Stephen J, Shuey and Lisa M. Shu-
ey. hts wife. ,{!ranted and conveyed
to TImothy D, Book, by Deed dated
December 6. 1996 and recorded
December 12. 1996. in the Recorder
of Deeds Office. Cumberland CQUn~
ty. Pennsylvania in Deed Book Vol-
ume 150. Page 541.
DBV 150, page 541.
Tax Parcel No, 25-24-0811-138,