HomeMy WebLinkAbout99-01460
COMPLAINT IN MORHiMiE FORECLOSURE
AND NOW, comcs thc PlaintilTby its attorncys, Louis p, Vitti and Associates, P,C. and Louis P.
Vitti, Esquire, and pursuant to thc Pcnnsylvania Rulcs of Civil Proccdurc Numbcrs 1141 through 1150, for
its Complaint in Mortgage Foreclosure. scts forth thc following:
I, Thc PlaintilT is a corporation duly authorizcd to conduct business within the laws of the
Commonwealth of Pennsylvania. having a principal placc of business located at Three Park Pla7a, 16'" Floor,
Irvine, CA,
2. Thc Defendant(s) is/arc individuals with a last known mailing addrcss of989 Big Spring
Road, Shippensburg, PA 17257. The property addrcss is 989 Big Spring Road, and is the subject of this
action.
3, On the 17th day of July, 1997, in consideration of a loan of One Hundred Eleven
Thousand Nine Hundred Nine and 961100 ($111,909.96) Dollars made by Advanta Finance, a PA
corporation, to Defendant(s), the said Defendant(s) executed and delivered to Advanta Finance, a P A
corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Advanta Finance,
as mortgagee, which mortgage was recorded on the 21 st day of July, 1997, in the Office of the Recorder of
Deeds of Cumberland County, in Mortgage Book Volume 1394, page 429. The said mortgage is
incorporated herein by reference thereto as though the same were set forth fully at length.
4, The premises secured by the mortgage are:
SEE EXHIBIT "A" ATTACHED HERETO.
5. Subsequent thereto, Advanta Finance, a P A corporation, assigned to the Plaintiff, Bankers
Trust Company, the said mortgage, that assignment being recorded in the Office of the Recorder of Deeds
PRIAR
SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE
Unpaid Principal Balance
I" .341.55
7.969.31
Interest @ 10.4500% from 07/24/98 through 03/31/99
(Plus $31.8772 per day after 03/31/99 )
laic charges through 03/01/99
o months@ 0.00
Accumulated beforehand
(Plus SO.OO on the 17th day of each month after 03/01/99 )
0,00
0,00
0.00
Attorney's fee
5.567.08
Escrow deficit
(This figure includes projected additional charges that may be incurred by the
Plaintiff and transmitted to the sheriff as charges on the wril prior to the date of the
sheriff' s sale)
4.226.83
BALANCE DUE
129,104.11
COMPLAINTJNMORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST
THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE
ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE
ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES
AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE
W ARNED 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
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COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comcs thc PlaintifTby its attorncys, Louis P. Vitti and Associatcs, P.C, and Louis P.
Vitti, Esquirc, and porsuant to thc Pcnnsylvania Rulcs of Civil Proccdurc Numbers 1141 through 1150, for
its Complaint in Mortgagc Forcclosurc, scts forth lhc following:
1. Thc PlaintitTis a corporation duly authorizcd to conduct busincss within the laws of the
Commonwcalth of Pennsylvania, having a principal placc ofbusincss located at Thrcc Park Plaza, 16th Floor,
Irvine, CA.
2. Thc Defendant(s) is/arc individuals with a last known mailing addrcss of989 Big Spring
Road, Shippensburg, PA 17257, Thc propcrty addrcss is 989 Big Spring Road, and is the subject of this
action.
3. On the 17th day of July, 1997, in considcration of a loan of One Hundred Eleven
Thousand Nine Hundrcd Nine and 96/100 ($111,909.96) Dollars madc by Advanta Finance, a PA
corporation, to Dcfendant(s), the said Defendant(s) cxccuted and delivered to Advanta Finance, a PA
corporation, a "Notc" secured by a Mortgagc with the Dcfendant(s) as mortgagor(s) and Advanta Finance,
as mortgagce, which mortgage was recorded on thc 21st day of July, 1997, in the Office ofthc Recorder of
Deeds of Cumberland County, in Mortgagc Book Volumc 1394, page 429. The said mortgage is
incorporated herein by rcferencc thcreto as though thc same were sct forth fully at Icngth.
4, Thc prcmises securcd by thc mortgagc arc:
SEE EXHIBIT "A" ATTACHED HERETO.
5, Subsequcnt thereto, Advanta Financc, a P A corporation, assigned to thc Plaintiff, Bankcrs
Trust Company, thc said mortgagc, that assignment bcing rccordcd in the Officc ofthc Rccordcr of Decds
of Cum her land County and the said assignment is incorporated hercin hy rcfercncc.
(i. Said mortgage provides, inlcr alia:
"that when as soon as thc principal deht securcd shall hccome due and payable, or in
case defilUlt shall be made in the payment of any installment of principal and interest, or any
monthly payment, keeping and pertonnance by the mortgagor of any of the terms, eonditions
or covenants of the mortgage or note, it shall be lawful for mortgagee /0 bring an Action of
Mortgage Foreclosure, or other proceedings upon thc mortgage, of principal debt, interest
and all other recoverable sums, together with attorney's fees,"
7, Since August 22, 1998, the mortgage has becn in default by reason, inter alia, of the failure
of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest)
and, under the terms of the mortgage, the entire principal sum is due and payable.
Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to
8, In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania
foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been
served upon the mortgagor(s).
9, The amount due on said mortgage is itemized on the attached schedule,
10. Plaintiff does hereby release the personal representative, heir and/or devisee of the
mortgagor(s) from liability for the debt secured by the mortgage,
WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff
demands judgment for the amount due of One Hundred Twenty Nine Thousand One Hundred Four and
77/100 Dollars ($129,104,77) with interest and costs.
Respectfully submitted,
LOUIS P. VITTI & ASSOC., P,C,
BY L0<<i4 ';), lIitti
Louis P. Vitti, 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 CUSTODIAN AND/OR TRUSTEE,
Assignee of ADVANTA FINANCE CORP.,
Plaintiff.
vs.
No. 99-1460
SALLIE A. PRIAR,
Defendant.
PRAECIPE FOR DIl:lI'AULT JUDGlO:NT
AND ASSESSMENT OF DAMAGES
TO. CUMBERLAND COUNTY PROTHONOTARY
Enter jUdgment in Default of an Answer in the amount of
$132,292.49, in favor of the Plaintiff Bankers Trust Company of CA, et
al. in the above-captioned action, against the Defendant Sallie A.
Priar and assess Plaintiff's damages as follows and/or as calculated in
the Complaint:
Unpaid Principal Balance $111,341.55
Interest from 7/24/98 to 7/9/99 11,157.03
(Plus $31.8772 per day after 7/9/99)
Late charges 0.00
Attorney's fee 5,567.08
Escrow Deficit 4,226.83
(Plus any additional charges that may be
incurred by the Plaintiff and transmitted
to the sheriff as charges on the writ prior
to the date of the sheriff's sale)
Total Amount Due $132.292.49
The real estate, which is the subject matter of the
Complaint, is situate in N. Newton Twp., Cumberland Cty., PA. HET a
dwg. k/a 989 Big Spring Rd., Shippensburg, PA 17257. Parcel 30-28-
"40-'". u~
Louis P. Vitti, Esquire
Attorney for the Plaintiff
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IN TilE COURT OF COMMON !'LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
IlANKERS TRUST COMPANY OF
CAI.IFORNIA, N,A,. AS CUSTODIAN
ANll/OR TRUSTEE, AIII&ncc oC
ADVANTA FINANCE CORP..
PlalnllCC.
No. Q<),146Q
VI
SALLIE A, PRIAR,
DcCcnd3nI,
IMPORTANT NOTICE
TO: Sally A. Priar
22 Sinclair Road
Mechanicsburg, PA 17055
Date of Notice: June 2, 1999
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 LmERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
BY:
LOUIS P.:.fihI & AS~OCIAr,' P,C.
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is : "fiil. Esquire,j
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
** THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE."
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMONWEALTH OF PENNSYLVANIA, SS.
COUNTY OF CUMBERLAND,
BEFORE me, the undersigned authority, personally appeared Louis P.
Vitti, Esquire, who, being duly sworn according to law, deposes and
says that he is advised and believes that DEFENDANT(S) is/are not
presently in the active military service of the United States of
America and not members of the Army of the United States, United States
Navy, the Marine Corps, or the Coast Guard, and not officers of the
Public Health Service detailed by proper authority for duty with the
Army or Navy; nor engaged in any active military service or duty with
any military or naval units covered by the Soldi~rs and Sailors civil
Relief Act of 1940 and designated therein as military service, and to
the best of this affiant's knowledge is/are not enlisted in military
service covered by said act, and that the averments herein set forth,
insofar as they are within his knowledge, are correct, and true; and
insofar as they are based on information received from others, are true
and correct as he verily believes.
This Affidavit is made under the provisions of the Soldiers and
Sailors Civil Relief Act of 1940.
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SWORN to and subscribed
before me this 9th day
of July, 1999.
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Nolarial Seal
Ann M, Gonzalas. Notary Public
PIttsburgh. Allegheny County
My Commission Expires Aug, 17.2000
ember, Peflnsyl'la ia Association 01 Notaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF CALIFORNIA.
N.A., AS CUSTODIAN AND/OR TRUSTEE,
Assignee of ADVANTA FINANCE CORP.,
Plaintiff,
VB.
No. 99-1460
SALLIE A. PRIAR,
Defendant.
AFI!:IDAVIT
I, Louis P. Vitti, do hereby swear that, to the best of my
knowledge, information and belief, the Defendant is the owner of the
real property on which the Plaintiff seeks to execute. That the
Defendant's last known address is 22 Sinclair Road, Mechanicsburg, PA
17055.
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SWORN TO and subscribed
before me this 9th day
of July, 1999.
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Notarial Seal
Ann M. Gonzales. Notary Public
Plttsbufllh, AllegllOny County
My CommiSSlOf1 Expires Aug, , 7,2000
em r, nsy 13 sociat1on of olarles
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NOTICZ OJ' SHBRIrJ" S SALII: OJ' REAL II:STATB:
PURSUANT TO
RULli: OJ' CIVIL PROCZDURII: 3129.1
TO: SALLIE A. PRIAR
22 SINCLAIR ROAD
MECHANICSBURG, PA 17055
AND: ALL LIEN HOLDERS
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, One Courthouse Square,
Carlisle, PA on December 8, 1999 10.00 AM the following described real
estate, of which Sallie A. Priar is owner or reputed owner,
N. Newton Twp., Cumberland Cty., PA. HET a dwg. k/a 989 Big Spring
Rd., Shipp ens burg , PA 17257. Parcel 30-28-2040-020,
The said Writ of Execution has issued on a jUdgment in the
mortgage foreclosure action of Bankers Trust Company of CA, et al. v.
Sallie A. Priar at No. 99-1460 in the amount of $132,292.49.
Claims against property must be filed at the Office of the Sheriff
before above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before the sale date.
Schedule of Distribution will be filed with the Office of the
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale
must be filed with the Office of the Sheriff no later than ten (10)
days from the date when Schedule of Distribution is filed in the Office
of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been
issued because there is a judgment against you, It may cause your
property to be held or taken to pay the judgment. You may have legal
rights to prevent your property from being taken. A lawyer can advise
you more specifically of these rights. If you wish to exercise your
rights you must act promptly.
YOU SHOULD TARE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCZ. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OtlT WHERE YOU CAN
GET LBGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBIlRTY AVENlJ'E
CARLISLIl, PA 17013
717-249-3166
You may have legal rights to prevent the Sheriff's Sale and the
loss of your property. In ord~r to exercise those rights, prompt
action on your part in necessary. A lawyer may be able to help you.
You may have the right to prevent or delay the Sheriff's Sale by
filing, before the sale occurs. a petition to open or strike the
judgment or a petition to stay the execution.
If the jUdgment was entered because you did not file with the
Court any defense or objection you might have within twenty (20) days
after service of the Complaint for Mortgage Foreclosure and Notice to
Defend, you may have the right to have the jUdgment opened in you
promptly file a petition with the Court alleging a valid defense and a
reasonable excuse for failing to file the defense on time. If the
judgment is opened, the Sheriff's Sale would ordinarily be delayed
pending a trial of the issue of whether the Plaintiff has a valid claim
to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the
Sheriff has not made a valid return of service of the Complaint and
Notice to Defend or if the judgment was entered before twenty (20) days
after service or in certain other events. To exercise this right, you
would have to file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay
the execution and the Sheriff's Sale if you can show a defect in the
Writ of Execution or service or demonstrate any other legal or
equitable right.
You may also have the right to have the Sheriff's Sale set aside
if the property is sold for a grossly inadequate price or if there are
defects in the Sheriff's Sale. To exercise this right, you should file
a petition with the Court after the sale and before the Sheriff has
delivered his Deed to the property. The Sheriff will deliver the Deed
if no petition to set aside the sale is filed within ten (10) days from
the date when the Schedule of Distribution is filed in the Office of
the Sheriff.
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Louis P. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
**THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.**
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ALL THAT CERTAIN piece or parcel of land situate in North Newton
Township, County of Cumberland and State of Pennsylvania, bounded and
described pursuant to the Final Subdivision Plan of Antonio Vigilante
prepared by Gary L. Stouffer, Registered Surveyor, of Rettew
Associates, Inc. dated July 25, 1998 and recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Plan Book 56, page
55.
BEGINNING at a point in the center line of Township Route 891 and at
corners common with lands now or formerly of Charles Fahnestock; thence
along said center line of said Route North 08 degrees 04 minutes 28
seconds East a distance of 221.00 feet to a point in the center line of
said Route; thence along the center line of said Route by a curve to
the right having a radius or 1715.19 feet, a distance of 174.62 feet to
a point in the center line of said Route at corners common with lands
now or formerly of Gary Glunt; thence along said Glunt lands South 74
degrees 10 minutes 07 seconds East a distance of 275.04 feet to an iron
pin at corners common with Lot No. 2 of the above-mentioned Subdivision
Plan; thence along said Lot No. 2 South 07 degrees 04 minutes 37
seconds West a distance of 246.93 feet to an existing axle; thence
along lands now or formerly of Charles Fahnestock South 72 degrees 42
minutes 05 seconds West a distance of 272.34 feet through an Existing
Iron Pipe to a point in the center line of Township Route 891 being the
place of BEGINNING.
BEING all of Lot No. 1 of the aforementioned Subdivision Plan and
containing a total of 1,79 acres.
HAVING erected thereon a dwelling known as 989 Big Spring Road,
Shippensburg, PA 17257. Parcel 30-28-2040-020.
BEING the same premises which Sallie A. priar, single and Rebecca A.
Sheaffer, single, by deed dated July 19, 1997 and recorded on July 21,
1997 in the Cumberland County, Pennsylvania, Recorder of Deeds Office
in Deed Book Volume 161, page 410, granted and conveyed unto Sallie A.
priar, single.
UNDER and SUBJECT to any and all restrictions, objections, etc., as
they appear of record.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA. N.A., AS CUSTODIAN
AND/OR TRUSTEE. Assignee of
ADV ANT A FINANCE CORP..
Plantiff,
NO.99-1460
vs,
SALLIE A, PRIAR,
Defendants,
S11.~STITlJTION OF APPEARANCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY:
Please withdraw my appearance on behalf of the Plaintiff.
Please enler my appearance on behalf of the Plain ,?
//
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/ 1.0. No. 51520
Caplan & Luber, LLP
40 Darby Road
Paoli, PA 19301
(610) 640-1200
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IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF CIVil. DIVISION
CALIFORNIA, N,A. AS CUSTODIAN
AND/OR TRUSTEE, Assignee of ADV ANT A
FINANCE CORP., NO: 99-1460
PLAINTIFF,
TYPE OF PLEADING:
v,
SALLIE A. PRIAR,
CERTIFICATION OF NOTICE TO
LIENHOLDERS PURSUANT TO PD. R.C.P.
3129.2 IC)12l
DEFENDANTS.
FILED ON BEHALF OF:
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A.,
PLAINTIFF
TO: PROTHONOTARY
[See service list attached and directly behind
this cover sheet for names and addresses of
counsel of record for the respective parties,]
COUNSEL OF RECORD FOR THIS PARTY:
Martin S. Weisberg, Esquire #51520
Axel A Shield, II, Esquire #17440
CAPLAN & LUBER, LLP.
40 Darby Road
Paoli, PA 19301-1461
Phone: (610) 640-1200
Fax: (610) 640-9865
Axel A. Shield, II. Esquire
J.D. No. 17440
Martin S. Weisberg, Esquire
I,D, No. "520
CAPLAN'" LUBER. LLP
40 Darby Road
Paoli. PA t9301
(610) 640.1200
Fax: (610) 640.9865
Attorneys ror PlaintilT
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A. AS CUSTODIAN
AND/OR TRUSTEE, Assignee of
ADV ANT A FINANCE CORP"
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 99-1460
CIVIL ACTION
v.
SALLIE A. PRlAR,
MORTGAGE FORECLOSURE
Defendant.
CERTIFICATION OF NOTICE TO LIENHOLDERS
PURSUANT TO Pa. R.C.P. 3129.2 (elm
I, Martin S, Weisberg, Esquire, for Caplan & Luber, LLP, attorneys for Plaintiff, Bankers
Trust Company of California, N.A, As Custodian And/Or Trustee, Assignee of Advanta Finance
Corp" hereby certifY that notice of the Sheriff's Sale in the above-captioned matter were served
on all persons appearing on Plaintiff's Affidavit Pursuant to Pa. R,C.P, No. 3129.1. Said notices
were served by first class mail, postage pre-paid as evidenced by the original United States Postal
Form 3817 (Certificate of Mailing), attached hereto as Exhibit "A.n
The undersigned understands that the statements herein are subject to the penalties
provided by ]8 Pa. C.S. 94904,
Date:~
By: /.i /." /
/ Martin
.-
NOTICB OJ' SHBRIJ'J" S SALa OJ' RllAL aSTATB
PURSUANT TO
RULa OJ' CIVIL PROCllDtJRll 3129. 1
TO. SALLIE A. PRIAR
22 SINCLAIR ROAD
MECHANICSBURG, PA 17055
AND. ALL LIEN HOLDERS
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, One Courthouse Square,
Carlisle, PA on December 8, 1999 10.00 AM the following described real
estate, of which Sallie A. priar is owner or reputed owner.
N. Newton Twp., Cumberland Cty., PA. HET a dwg. k/a 989 Big Spring
Rd., Shippensburg, PA 17257. Parcel 30-28-2040-020.
The said Writ of Execution has issued on a judgment in the
mortgage foreclosure action of Bankers Trust Company of CA, et al. v.
Sallie A. priar at No. 99-1460 in the amount of $132,292.49.
Claims against property must be filed at the Office of the Sheriff
before above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before the sale date.
Schedule of Distribution will be filed with the Office of the
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a petition to Set Aside the Sale
must be filed with the Office of the Sheriff no later than ten (10)
days from the date when Schedule of Distribution is filed in the Office
of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been
issued because there is a judgment against you. It may cause your
property to be held or taken to pay the judgment. You may have legal
rights to prevent your property from being taken. A lawyer can advise
you more specifically of these rights. If you wish to exercise your
rights you must act promptly.
YOU SHOll'LD TAKE THIS NOTICE J\llD THE WRIT OF EXECtlTION 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 00'1' WHERE YOU CAN
GET LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
You may have legal rights to prevent the Sheriff's Sale and the
loss of your property. In order to exercise those rights, prompt
action on your part is necessary. A lawyer may be able to help you.
You may have the right to prevent or delay the Sheriff's Sale by
filing, before the sale occurs, a petition to open or strike the
jUdgment or a petition to stay the execution.
If the jUdgment was entered because you did not file with the
Court any defense or objection you might have within twenty (20) days
after service of the Complaint for Mortgage Foreclosure and Notice to
Defend, you may have the right to have the jUdgment opened in you
promptly file a petition with the Court alleging a valid defense and a
reasonable excuse for failing to file the defense on time. If the
jUdgment is opened, the Sheriff's Sale would ordinarily be delayed
pending a trial of the issue of whether the Plaintiff has a valid claim
to foreclose the Mortgage.
You may also have the right to have the jUdgment stricken if the
Sheriff has not made a valid return of service of the Complaint and
Notice to Defend or if the jUdgment was entered before twenty (20) days
after service or in certain other events. To exercise this right, you
would have to file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay
the execution and the Sheriff's Sale if you can show a defect in the
Writ of Execution or service or demonstrate any other legal or
equitable right.
You may also have the right to have the Sheriff's Sale set aside
if the property is sold for a grossly inadequate price or if there are
defects in the Sheriff's Sale. To exercise this right, you should file
a petition with the Court after the sale and before the Sheriff has, ,
delivered his Deed to the property. The Sheriff will deliver the Deed
if no petition to set aside the sale is filed within ten (10) days from
the date when the Schedule of Distribution is filed in the Office of
the Sheriff.
~~/~
Louis P. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725
**THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.**
.-
ALL THAT CERTAIN piece or parcel of land situate in North Newton
Township, County of Cumberland and State of Pennsylvania, bounded and
described pursuant to the Final Subdivision Plan of Antonio Vigilante
prepared by Gary L. Stouffer, Registered Surveyor, of Rettew
Associates, Inc. dated July 25, 1998 and recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Plan Book 56, page
55.
BEGINNING at a point in the center line of Township Route 891 and at
corners common with lands now or formerly of Charles Fahnestock; thence
along said center line of said Route North 08 degrees 04 minutes 28
seconds East a distance of 221.00 feet to a point in the center line of
said Route; thence along the center line of said Route by a curve to
the right having a radius or 1715.19 feet, a distance of 174.62 feet to
a point in the center line of said Route at corners common with lands
now or formerly of Gary Glunt; thence along said Glunt lands South 74
degrees 10 minutes 07 seconds East a distance of 275.04 feet to an iron
pin at corners common with Lot No. 2 of the above-mentioned Subdivision
Plan; thence along said Lot No.2 South 07 degrees 04 minutes 37
seconds West a distance of 246.93 feet to an existing axle; thence
along lands now or formerly of Charles Fahnestock South 72 degrees 42
minutes 05 seconds West a distance of 272.34 feet through an Existing
Iron Pipe to a point in the center line of Township Route 891 being the
place of BEGINNING.
BEING all of Lot No. 1 of the aforementioned Subdivision Plan and
containing a total of 1.79 acres.
HAVING erected thereon a dwelling known as 989 Big Spring Road,
Shipp ens burg , PA 17257. Parcel 30-28-2040-020.
BEING the same premises which Sallie A. priar, single and Rebecca A.
Sheaffer, single, by deed dated July 19, 1997 and recorded on July 21,
1997 in the Cumberland County, Pennsylvania, Recorder of Deeds Office
in Deed Book Volume 161, page 410, granted and conveyed unto Sallie A.
priar, single.
UNDER and SUBJECT to any and all restrictions, objections, etc., as
they appear of record.
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IN THE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF CIVIL DIVISION
CALIFORNIA, N,A. AS CUSTODIAN
AND/OR TRUSTEE, Assillnec of ADV ANT A
FINANCE CORP" NO: 99-1460
PLAINTIFF,
TYPE OF PLEADING
v.
SALLIE A, PRlAR,
AMENDED AFFIDA VIT PURSUANT TO
RULE 3129.1
DEFENDANTS.
FILED ON BEHALF OF:
BANKERS TRUST COMPANY OF
CALIFORNIA, N.^-,
PLAINTIFF
TO: PROTHONOTARY
[See service list attached and directly behind
this cover sheet for names and addresses of
counsel of record for the respective parties.]
COUNSEL OF RECORD FOR THIS PARTY:
Martin S. Weisberg, Esquire #51520
Robert j, Murtaugh, Esquire #57494
CAPLAN & LUBER, LLP,
40 Darby Road
Paoli, PA 19301-1461
Phone: (610) 640-1200
Fax: (610) 640-9865
Rllbc:n J, ~hUl'"~h, E"l"".
II>. Nil S7494
MlI/11O S WClIlb.rs. E"llI".
f I) No SIS20
CAPLAN" LUBER. LLP
40 Ouby Rood
P..,h,I'A 19)01
((,10)640.1200
FIx: ((,10) (,4().'IM(,S
Attumcv.c 'In- Itlu1ntifl'
BANKERS TRUST COMPANY OF
CALIFORNIA, N,A. AS CUSTODIAN
AND/OR TRUSTEE, Assignee of
ADVANTA FINANCE CORP.,
Plaintiff.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 99.1460
CIVIL ACTION
v.
SALLIE A. PRlAR,
MORTGAGE FORECLOSURE
Defendllllt.
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
Bankers Trust Company of California, N.A. as Custodian and/or Trustee, Plaintiff in the
above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at 989 Big Spring Road,
Shippensburg, PA 17257:
I. Name and last known address ofOwner(s) or Reputed Owner(s):
Sallie A. Priar
22 Sinclair Road
Mechanicsburg, PA 17055
2. Name and last known address of Defendant(s) in the judgment:
Sallie A, Priar
22 Sinclair Road
Mechanicsburg, PA 17055
3, 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
3 Park Plaza, 16th Floor
Irvine, CA 92614
4, Name and addren oflut recorded holder of every mortgage of record:
Bankers Trust Company of California
3 Park Plal.a, 16th Floor
Irvine, CA 92614
5, Name und address of every other person who has any record lien on the property:
Nonc
6. Name and address of every other person who has any record inlerest in the property and
whose interest may be affected by the sale:
None
7, Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tax Collector of North Newton
Township
903 Big Spring Street
Shippensburgg, PA 17257
Commonwealth ofPA - DPW
P.O. Box 8016
Harrisburg, P A 17105
Court of Common Pleas of
Cumberland County
Domestic Relations Office
P,O. Box 320
Carlisle, PA 17013
Commonwealth ofPA
Bureau of Compliance
Clearance Support Section
Dept. #281230
Harrisburg, PA 17128-1230
Tax Claim Bureau
Cumberland County Courthouse
I Courthouse Square
Carlisle, P A 17013
Tenant/Occupant
989 Big Spring Road
Shippensburg, P A 17257
I verifY that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa, C,S, ~4904 relating to unsworn falsification to authorities,
By:
Date: Januarv 24, 2000
Robcr1 J. Munau[d1. E"'lu".
10. No, 57494
Martin S, W.i,hcrg. E"'luir.
10. No, 51520
CAPLAN" LUBER, LLP
40 Ourby Road
Pooli. PA 193111
(610) (,40.!2IKl
F",,: (610) MO,'!K65
Allomcy. for l'!ainlilT
"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A. AS CUSTODIAN
AND/OR TRUSTEE, Assignee of
ADV ANTA FlNANCE CORP.,
Plaintiff,
DOCKET NO: 99-1460
CIVIL ACTION
v,
MORTGAGE FORECLOSURE
SALLIE A. PRIAR,
Defendant.
CERTIFICATION OF NOTICE TO ADDITIONAL LIENHOLDERS
PURSUANT TO PA. R.C.P. 3129.2/cl/21
I, Robert J, Murtaugh, Esquire for Caplan & Luber, LLP, attorneys for Plaintiff,
Bankers Trust Company of California, N,A, as Custodian and/or Trustee, Assignee of
Advanta Finance Corp" hereby certify that notices of the Sheriffs Sale in the above-
captioned matter were served on the following additional lienholders appearing on
Plaintiffs Amended Affidavit Pursuant to Pa, R.C.P. No. 3129,1:
Commonwealth of PA
Bureau of Compliance
Clearance Support Section
Dept. #281230
Harrisburg, PA 17128-1230
Tax Claim Bureau
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Said notices were served on additional lienholders by regular first class mail, postage
pre-paid on January 24, 2000, as evidenced by the original Certification of Mailing
(Postal Form 3877) attached hereto as Exhibit "A"
:'
.
HOTICI or '""""In'S SALK 01' UAL BSTA'1'B
P~TO
RULlI: or CIVXL PROCZDURZ 3~::29.~
TO. SALLIE A. PRIAR
22 SINCLAIR ROAD
MECHANICSBURG, PA 17055
AND. ALL LIEN HOLDERS
TAKE NOTICE that by virtue of the above Writ of Execution issued
.out of the Court of Coamon Pleas of CUmberland County, Pe=sylvania and
to the Sheriff of CUmberland County, directed, there will be exposed to
Eublic Sale in the CUmberland County Courthouse, One Courthouse ,Square,
Carlisle, PA on March 1, 2000 ~o I 00 AX the following described 'real
esta~e, of which Sallie A. Priar is owner or reputed owner:
N. Newton Twp., Cumberland Cty., PA. HET a dwg,. kl a 989 Big Spring
", Rd,.,'Shippensbu;:g, PA 1nS7. Parcel 30-28-2040-020."
The said Writ of Execution has issued on a,judgment in the
mortgage foreclosure action of B~ers Trust 'Company of CA, et al. v. .
Sallie A. priar at No. 99-1460 in ,the amount of $132,292.49.
Claims against property must be filed at the Office of the Sheriff
before above sale date.
~, " ClaimS to proceeds' inust be made with the Office of the Sheriff
before the sale date.
Schedule of Distribution will be filed with the Office of the
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale
must be filed with the Office of the Sheriff no.later than ten (10)
days from the date when Schedule of Distribution is filed in the Office
of the Sheriff.
Attached hereto isa copy of the Writ of Execution. It has been
issued because there is a judgment against you. It may cause your
property to be held or taken to pay the judgment. You may have legal
rights to prevent your property from being taken. A lawyer can advise
you more specifically of these rights. If you wish to exercise your,
rights you must act promptly. ' , ' .
YOU SHOULD 'rAKE 'l'H:I:S NOTIc::El Aml 'rlm WR:I:'r 01' EXECll'l':I:ON TO YOUR
LAWYER A'r ONc::El. Ill' YOU DO NO'r HAVE A LAWYER OR ,CANNO'r AFFORD ONE, GO
TO OR 'rBLEPRONE 'rBE OFll':I:CE SE'r ll'OR'l'H BELOW 'rO ll'IND OlJ'r WHERE YOU CAN
GBT LEGAL ADV:I:CE.
ctIldBEll.LAND COUN'l'Y BAR ASSOC:I:A'r:I:ON
::2 L:I:BER'rY,AVKNOE
CARL:I:SLE, PA 17013
717-249-3166
ALL THAT CERTAIN piece or parcel of land situate in North Newton
Township, County of CUmberland and State of Pennsylvania, bounded and
described pursuant to the Final Subdivision Plan of Antonio Vigilante
prepared by Gary L. Stouffer, Registered Surveyor, of Rettew
Associates, Inc. dated July 25, 1998 and recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Plan Book 56, page
55.
BEGINNING at a point in the center line of Township Route 891 and at
corners common with lands now or formerly of Charles Fahnestock; thence
along said center line of said Route North 08 degrees 04 minutes 28
seconds East a distance of 221.00 feet to a point in the center line of
said Route; thence along the center line of said Route by a curve to
the right having a radius or 1715.19 feet, a distance of 174.62 feet to
a point in the center line of said Route at corners common with lands
now or formerly of Gary Glunt; thence along said Glunt lands South 74
degrees 10 minutes '07 seconds East a distance of 275.04 feet to an iron
pin at corners common with Lot No.2 of the above-mentioned Subdivision
Plan; thence along said Lot No. 2 South 07 degrees 04 minutes 37
seconds West a distance of 246.93 feet to an existing axle; thence
along lands now or formerly of Charles Fahnestock South 72 degrees 42'
minutes 05 seconds West a distance of 272.34 feet through an Existing
Iron Pipe to a point in the center line of Township Route 891 being the
place of BEGINNING. .
BEING all of Lot No. 1 of the aforementioned Subdivision Plan and
containing a total of 1.79 acres.
HAVING erected thereon a dwelling known as 989 Big Spring Road,
Shippensburg, PA 17257. Parcel 30-28-2040-020.
BEING the same premises which Sallie A, Priar, single and Rebecca A.
Sheaffer, single, by deed dated July 19, 1997 and recorded on JU1Y.2l,
1997 in the Cumberland County, Pennsylvania, Recorder of Deeds Off~ce
in Deed Book Volume 161, page 410, granted and conveyed unto Sallie A.
priar, single.
UNDER and SUBJECT to any and all restrictions, objections, etc., as
they appear of record.
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Bankcrs Trusl Company
.vs.
Sallic Prior
In thc Coun of Common PIcas of
Cumberland County, Pcnnsylvania
No, 99-1460 Civil Tcrm
Michael E. Barrick, Deputy Shcriff, who being duly sworn according to law, says
On October 1,1999 at 6:28 o'clock, P.M. EDST, hc posted n copy of Real Estatc Writ
Noticc Poster and Description in the abovc cntitled action Upon thc propeny of Sallie A.
Prior locatcd 01 989 Big Spring Road, Shippcnsburg, Cumbcrland County, Pennsylvania
according to Jaw.
Brian M. Barrick, Dcputy Shcriff, who bcing duly sworn according to law, says on
August 12, 1999 at 9:40 o'clock A.M" EDST. he scrvcd truc copy ofRcal estatc Writ
Notice and Description in the above cntitlcd action upon thc within namcd defendant to
wit: Sallic Priar by making known unto Sallic Priar at 26 Wcst High Strcct, Carlisle,
Cumberland County, Pcnnsylvania, its contcnts and at thc samc time handing to her
pcrsonally the said true and attestcd copics of the same,
Richard E. Smith, Deputy Shcriff, who bcing duly sworn according to law, says on
October 6,1999 at 9:42 o'clock A.M. EDST, he scrvcd a copy of Real Estate Poster in
the above entitlcd action upon the wihtin named dcfendant to wit: Sallie Priar by making
known unto Sallie Priar at 475 Gardcn Drivc, Mcchanicsburg, Cumberland County,
Pcnnsylvania, its contents and at the samc time handing to her personally the said truc
and attcsted copy of the same.
R, Thomas Kline, Sheirff, who being duly sworn according to law, says he served the
above Real Estate Writ Notice Poster and Description in the following manner: The
Shcirffmailcd a noticc of the pendency of the action to the within named defendant to
wit: Sallie Priar by first class mail to her last known address, 475 Garden Drive,
Mechanicsburg, Pennsylvania, This letter was mailed under the date of October 7, 1999
and never returned to the Sheriff's Office,
R Thomas Kline, Sheriff who being duly sworn according to law, says that after due
and legal notice had been given according to law exposed the above described premises
at public venue or outcry at Counhouse, Carlisle, Cumberland County, Pennsylvania on
March 1,2000 at 10:00 o'clock A.M, EST and sold the same for the sum of$ 1.00 to
Attorney James Flower for Bankers Trust Company of California, N,A. As Trustee, It
being the highest bid and best price quoted for the same Bankers Trust Company of
California, N.A, As Trustee of 10790 Rancho Bernardo Road, San Diego, Ca being the
buyer in this execution paid to SheriffR Thomas Kline the sum of$ 974.43 it being
Sheriffs Costs.
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advenising
Acknowledging Deed
Auctioneer'
Law Library
30,00
19.1 1
15.00
15,00
30,00
10.00
.50
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF CALIFORNIA.
N.A., AS CUSTODIAN AND/OR TRUSTEE, I
Assignee of ADVANTA FINANCE CORP., .
Plaintiff,
vs.
No. 99-1460
SALLIE A. PRIAR,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
Bankers Trust Company of CA, et al., Plaintiff in the above
action, sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real
property locat~d at 989 Big Spring Road, Shippensburg, PA 17257.
,
1. Name and address of Owner(s) or Reputed owner'is) :
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Sallie A. Priar
22 Sinclair Road
Mechanicsburg, PA
....\,.
17055
2. Name and address of Defendant(s) in the judgment:
Name: Address (Please indicate if this
cannot be reasonably ascertained)
Same as #1 above.
3. Name and last known address of every judgment creditor whose
jUdgment is a record lien on the real property to be sold:
Name.
Address (Please indicate if this
cannot be reasonably ascertained)
None
4. Name and address of the last recorded holder of every mortgage
of record:
Name
Address (Please indicate if this
cannot be reasonably ascertained)
None
5. Name and address of every other person who has any record
lien on the property:
Name
Address (Please indicate if this
cannot be reasonably ascertained)
None
,. ..
NOTICE OJ' SHBRIJ'J" S SALB OJ' RBAL BSTATB
PURSUANT '1'0
RULB OJ' CIVIL PROCEDURB 3129.1
TO. SALLIE A. PRIAR
22 SINCLAIR ROAD
MECHANICSBURG, PA 17055
AND. ALL LIEN HOLDERS
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, One Courthouse Square,
Carlisle, PA on December 8, 1999 10.00 AM the following described real
estate, of which Sallie A. Priar is owner or reputed owner.
N. Newton Twp., Cumberland Cty., PA. HET a dwg. k/a 989 Big Spring
Rd., Shippensburg, PA 17257. Parcel 30-28-2040-020.
The said Writ of Execution has issued on a jUdgment in the
mortgage foreclosure action of Bankers Trust Company of CA, et al. v.
Sallie A. Priar at No. 99-1460 in the amount of $132,292.49.
Claims against property must be filed at the Office of the Sheriff
before above sale date.
Claims to proceeds must be made with the Office of the Sheriff
before the sale date.
Schedule of Distribution will be filed with the Office of the
Sheriff no later than thirty (30) days from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale
must be filed with the Office of the Sheriff no later than ten (10)
days from the date when Schedule of Distribution is filed in the Office
of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been
issued because there is a judgment against you. It may cause your
property to be held or taken to pay the judgment. You may have legal
rights to prevent your property from being taken. A lawyer can advise
you more specifically of these rights. If you wish to exercise your
rights you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXEc:aTION TO YOUR
LAWYBR AT ONCE. IF YOU DO NOT HAVE A LAWYBR OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
You may have legal rights to prevent the Sheriff's Sale and the
loss of your property. In order to exercise those rights, prompt
action on your part is necessary. A lawyer may be able to help you.
You may have the right to prevent or delay the Sheriff's Sale by
filing, before the sale occurs, a petition to open or strike the
judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the
Court any defense or objection you might have within twenty (20) days
after service of the Complaint for Mortgage Foreclosure and Notice to
Defend, you may have the right to have the judgment opened in you
promptly file a petition with the Court alleging a valid defense and a
reasonable, excuse for failing to file the defense on time. If the.
judgment is opened, the Sheriff's Sale would ordinarily be delayed
pending a trial of the issue of whether the Plaintiff has a valid claim
to foreclose the Mortgage.
You may also have the right to have the judgment stricken if the
Sheriff has not made a valid return of service of the Complaint and
Notice to Defend or if the judgment was entered before twenty (20) days
after service or in certain other events. To exercise this right, you
would have to file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay
the execution and the Sheriff's Sale if you can show a defect in the
Writ of Execution or service or demonstrate any other legal or
equitable right.
You may also have the right to have the Sheriff's Sale set aside
if the property is sold for a grossly inadequate price or if there are
defects in the Sheriff's Sale. To exercise this right, you should file
a petition with the Court after the sale and before the Sheriff has
delivered his Deed to the property. The Sheriff will deliver the Deed
if no petition to set aside the sale is filed within ten (10) days from
the date when the Schedule of Distribution is filed in the Office of
the Sheriff.
~~u~
Louis P. Vitti, Esquire
Attorney for Plaintiff
916 Fifth Avenue
pittsburgh, PA 15219
(412) 281-1725
**THE DEBT COLLECTOR IS ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.**
ALL THAT CERTAIN piece or parcel of land situate in North Newton
Township, County of Cumberland and State of Pennsylvania, bounded and
described pursuant to the Pinal SUbdivision Plan of Antonio Vigilante
prepared by Gary L, Stouffer, Registered Surveyor, of Rettew
Associates, Inc. dated July 25, 1998 and recorded in the Office of the
Recorder of Deeds in and for Cumberland County in Plan Book 56, page
55.
BEGINNING at a point in the center line of Township Route 891 and at
corners common with lands now or formerly of Charles Fahnestock; thence
along said center line of said Route North 08 degrees 04 minutes 28
seconds East a distance of 221.00 feet to a point in the center line of
said Route; thence along the center line of said Route by a curve to
the right having a radius or 1715.19 feet, a distance of 174.62 feet to
a point in the center line of said Route at corners common with lands
now or formerly of Gary Glunt; thence along said Glunt lands South 74
degrees 10 minutes 07 seconds East a distance of 275.04 feet to an iron
pin at corners common with Lot No. 2 of the above-mentioned Subdivision
Plan; thence along said Lot No. 2 South 07 degrees 04 minutes 37
seconds West a distance of 246.93 feet to an existing axle; thence
along lands now or formerly of Charles Fahnestock South 72 degrees 42
minutes 05 seconds West a distance of 272.34 feet through an Existing
Iron Pipe to a point in the center line of Township Route 891 being the
place of BEGINNING.
BEING all of Lot No. 1 of the aforementioned Subdivision Plan and
containing a total of 1.79 acres.
HAVING erected thereon a dwelling known as 989 Big Spring Road,
Shippensburg, PA 17257. Parcel 30-28-2040-020.
BEING the same premises which Sallie A. Priar, single and Rebecca A.
Sheaffer, single, by deed dated July 19, 1997 and recorded on July 21,
1997 in the Cumberland County, Pennsylvania, Recorder of Deeds Office
in Deed Book Volume 161, page 410, granted and conveyed unto Sallie A.
Priar, single.
UNDER and SUBJECT to any and all restrictions, objections, etc., as
they appear of record.
WRIT OF EXECUTION end/or ATTACHMENT
COMMONWEAl Tfl OF PENNSYLVANIA)
COUNTY OF CUM8ERLAND)
TO THE SHERIFF OF _~UlTtxlrlll~____
NO. ~%O CIVIL 'klL..Iorm
CIVIL ACTION. LAW
COUNTY
To Salisfy Ihe deb!. Inleresl and COSfs due .l.l.1nl(Qra-.TnJsLCaIlplny nr ('Ill I rorni4... ~AL..llIL~ian
llIld/cz;-.Xruatoe., .Jlssigmc..oL IIdVnnl:JL1:'iMncc..corp.__ __ _PLAINTlFF(S)
from Snllic ^. fnl1t_______
DEFENDANT(S)
(I) You are directed 10 levy upon Ihe prOpMy of Ihe defendanl(S) and to sell p'<i'non Mft 11>9"1 ~qt"ri ption
-..------..
(2) You are also directed to aUach the properly of the delendant(s) nOllevied upon In the possession of _
GARNISHEE(S) as follows:
and 10 nollly Ihe garnishee(s) thaI: (a) an allachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debito or for the accounl of the delendant(s) and from delivering any properly oflhe defendanl(s) or otherwise disposing
Ihereof:
(3) If properly ofthe defendant(s) not levied upon an subject to aUachmenl is found inthe possession of anyone other
Ihan a named garnishee. you are direcled to nolify himlhetlhal he/she has been added as a garnishee and Is enjoined as above
slaled.
Amount Due S132.292.49
from 7/10/99 to 12/8/99 @
Inlerest $31.8772 per eay I? $q,81~
AlIy's Comm %
Atty Paid ~l a l ?Ii
Plainlifl Paid
L.L. S.50
Due Prolhy n 00
Other Costs
Dale:
,Tilly 11. 1999
~:
Curt-is R. Ionn\!
Prothonotary, Civil Division
a(~ " _ f) 7p9'7/UL ;-
Deputy
REQUESTING PARTY:
Name Louis P. Vitti, Esq.
Address: 916 Fifth Avenue
Pittsburq, FA 15219
Attorney for: Plaintiff
Telephone: 412-281-1725
Supreme CourllD No, 3810
REAL ESTATE SALE Na./L
an ~ J '-/. I' 9 ~ the sherllllcvied upon the defendant~
Interest In the real proporty situated in 41mB A1~ ~~
Cumberland County, Pa., knO\vn and numbered as: 9'i't J.l~d ~k
JJ'fI'~" and morslully dClscribud on Exhibit "A" llIed wi'il
this writ and by this re:erence incorporated herein,
....:y~ IXm1 BY~~~_
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Und.r Alt No. 581. Aoorou.d May 16. 1929
Commonwullh 01 Penneylvanle, Count)' 01 Dauphin} '"
Michael Morrow being duly sworn occording to law, deposes and soys:
That he Is the Asslslant Controller of THE PATRIOT.NEWS CO" a corporation organized and exiltlng under the lawI
ollhe Commonwealth 01 Pennsylvania, with lis principal oUice and place of business at 812 to 818 Market St..et. In
the City of Harrisburg. Counly of Dauphin. State 01 Pennsylvania. owner and publisher of THE PATRIOT.NEWS and
THE SUNDAY PATRIOT.NEWS newspapers 01 general circulation, prinled and published at 8'2 to 818 Markel Streel.
in the Cily. County and State aforesaid; that THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS were established
March 4th. 1854, and September '8th, 1949. respectivaly. and all have been continuously publlshad ever since;
That the printed notice or publication which is securely allached herelo is ~,actly as prlnled and published In
their regular daily and/or Sunday and Metro edilions/issues which appeared V" the 26th day 01 October and the 2nd
and 9th day(s) of November '999. Thai neilher he nor said Company is Inleresled In the subjOCI mailer 01 said
printed notice or advertising. and that all 01 the allagations 01 this statement as to the time. place and characler ot
publication are true; and
That he has personal knowledge of the lacls aloresaid and is duly authorized and empowered to verify this
statement on behalf 01 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 I said Company and subsequently duly recorded in
the olllce for the Recording 01 Deeds In and for said County 0 D uphin In iscellaneous Book "M".
Volume 14, Page 317.
PUBLICATION
COPY
S ALE #12
Sworn to and subsc
Nolarial Soal
Terry l. Russell, Notary Pt
Harri~burg. Dauphin COl/nty
My Commission E)'pirr!5 June , .002
Member. P~nnr,Y!Vm\lil fl ;,~oci'l;flon o~ r~o:,,~.<.'s
CUMBERLAND COUN1Y SHERIFFS OFRCE
COURTl-OUSE
CARLISLE. PA. 17013
Statement of Adverlisina Costs
To THE PATRIOT.NEWS CO., Dr.
For publishing the notice or publica lion attached
hereto on the above slated dates $
Probating same Notary Fee(s) $
Total $
376.13
1.50
377.63
Publisher's Receipt for Advertising Cost
THE PATRIOT.NEWS CO.. publisher 01 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. THE PATRIOT. NEWS CO,
By...................................................................,
PROOF OF PUBI.ICA TION OF NOTICE
IN CUMBERLAND tAW JOURNAl.
(Under Act No. 587, approved May 16. 1929), P. L.1784
ST,\n: OI:I'ENNSYI.VANIA :
55.
COUNTY OF CUi\l8F.RI.,\NI> :
ROllcr M. Morl:cnthal. Esqulrc. Editor of the Cumberland Law Journal, of the County
and Slate 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 Stale
aforesaid, was established January 2, 1952, and designated by Ihe local courts as the offieiallegal
periodical for Ihe publication of all legal notices. and has, since January 2. 1952, been regularly
issued weekly in the said County, and that the prinled notice or publication all ached hereto is
exactly Ihe same as was printed in the regular editions and issues of the said Cumberland Law
Journal on Ihe following dates.
viz:
OCTOBER 22. 29. NOVEMBER 5. 1999
Affiant further deposes that he is authorized to veri fy this stalement by the Cumberland
Law Journal. a legal periodical of general circulation, and that he is not interested in the subject
maller of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time. place and character of publication are true,
RF..\L ESTATE lIAU!: NO. 12
Wr11 No, 99-1460 Clvtl
Bankers Trust Company of
CaJJ(ornJa. N.A.. As CustodJan
and/or Trustee. Assignee of
Advanla Finance Corp.
VB.
SalIle A. Prlar
Atly.: Louis p, VItU
ALL nIAT CERTAIN piece or par-
cel of land situate In North Newton
Township. County of Cumberland and
Slate of Pennsylvania. bounded and
descI1bed pursuant to the Final Sub-
division Plan of Antonio Vigilante
prepared by Gary L. Stouffer, Regis-
tered Surveyor. of Rettew AsSOCiates.
Inc. dated July 25. 1998 and record-
ed 1n the Offlce of the Recorder of
Deeds1n and for Cumberland County
tn Plan Book 56. page 55.
BEGINNING at a point 1n the cen-
ter line of Township Route 891 and
at corners common with lands now
or formerly of Charles Fahnestock:
thence along satd center line of saId
Route North 08 degrees 04 minutes
28 seconds East a dIstance of221.oo
feet to a point In the center line of sald
Route: thence along the centerllne of
satd Route by a curve to the right
haVIng a radius or 1715.19 feet. a
distance of 174.62 feet to a pOint In
Ule center line of saJd Route at cor-
ner!. common wJth lands now or for-
merly of Gary Glunt: thence along
said Glunt lands South 74 degrees
10 mtnutes 07 seconds East a dls-
lance of275.04 feet to an Irol1 pin at
corners common with Lot No. 20fthe
above-menUoned Subdivision Plan:
thence along saJd Lot No.2 South 07
degrees 04 mInutes 37 seconds West
a distance of246.93 feet to an exist-
Ing axle: thence along lands now or
formerly of Charles Fahnestock
SouLh 72 degrees 42 minutes 05 sec-
onds W,:st a distance of 272.34 feet
through an EXisting Iron PII'f: to a
point In the center line of Township
Route 891 being the place of BEGIN-
NING,
BEING all of lot No. I of the afore-
menlloned Subdivision Plan and
contaIning a total of 1.70 acres.
I lAVING erected thereon a dwell-
Ing known as 989 Big Spr1ng Road,
Slllppensburg, PA 17257, Pare,l 30.
28.2040.020,
BEING the slime premIses which
Salllc A. fln.,f. slnAlc and Rrhcccn A.
SJ1l';lffl'r, ~IJlI~I(', hy d(~cd dnled .July
111 1','1',' "",I ....",,"'1,." fl'l ,Illlv '1.1
;;j~ ~
Ro r M. Morgenthal, Editor '
SWORN TO AND SliBSCRIBED before me this
--2-dayof NOVEMBER. 1999
NOTA At SEAL
LOIS E. SNYIlfR. Notary Public
Corl~ 80"" Cumborlond Counfy. PA
My Commiuion bpi," March 5, 2001
Ii
\
',.
51.000,00 ....o..-:m:= ':0,:5 bl~ 7114/99 ,...:::.,
....sles.ed Valuation S ~)ooo. 00
',1/;:.>11,.0 99-1460 C I v!l
B8nkers Trust Comp~ny of C~lifornla N.A., as
CUBtodian and/or truntee. AARlqnee of Advanta
Finance Coi\ji..
?..:...:ol. E~: ,"\,7: :,':'.:...: j';':J
1;1
Lou III V I t t I
Sollie A.Prlllr
REAL DEBT
P.'TEREST fr 7/10/9q to 12/8/99 @
ATT'S FEES
\\"Rfj COSTS .HT":'
ESe RrJ\V
LATE CHARGE:
SHEFJFF'S COSTS
Docke:ing
Pouno:lge
Posting 3ills
Ad\'e::ising
Acknowledging Ded
Aucdor.~~l
La~v Librar:;
Counro:
!vIije~;-:
Ce:'l)'I~I
Le'\::
POS1pon: Sale
Sur:hargo:
S 132,292.49
31.8772 per diem
4,845.33
143.26
30.00
19.11
15.00
15.00
30.00
10.00
.50
1. 00
19.22
3.34
15.00
20.00
16.00
Le;?::J.1 S~:lr.:h
.-'-.D\'ERTISi::G:
L~'.\' JOl..!tuo.l
Patriot
Sh::IT: 0 f Bills
Disuibution:,f P.e:::::s
She:-iff s D-:e:s
327.50
377.63
23.63
25.00
26.50
ST'-\'\fPS
Pa. Tr:lnsfe~ T:lx
Twp or Bore TrOJ1s;:. lo~
TAXES
1999 County & Township
1999-2000 School Taxes
Tax Claim Bureau
164.34
718.06
730.07