HomeMy WebLinkAbout99-05832
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHN A. D'ADAMO, II
Plaintiff,
: No.
V.
CYNTHIA L. D'ADAMO
Defendant
: Civil Action - Custody
ORDER
AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and
their respective counsel appear before the Custody Conciliator M\C?-w 1 I-- - ?Y J 1 Q?
Esquire, on the ? 1 day of 1 Ys - M C 1999 at -,t W m. at the following
location,
for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to
resolve the issues in dispute; or if this cannot be accomplished , to define and narrow the issues to be
heard by the Court, and to enter into a Temporary Order. All children age five or older may also be
present at the Conference upon request of either party. Failure to appear at the Conference may provide
grounds for entry of a temporary or permanent Order.
FOR THEE COURT
Date: \ I_i L1dn Qk I_` n ? -A
Custody Conference Officer \- f-zr>l
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHN A. D'ADAMO, II
Plaintiff,
V.
CYNTHIA L. D'ADAMO
Defendant
: No.g9- Sg,3a C, j Tlo,
: Civil Action - Custody
COMPLAINT FOR CUSTODY
1. The Plaintiff is John A. D'Adamo, II, an adult individual, sui juris, who resides at 2402
Deerview Drive, City of Mechanicsburg, PA, County of Cumberland, Commonwealth of Pennsylvania,
17055.
2. The Defendant is Cynthia L. D'Adamo, an adult individual, sui juris, who resides at 2402
Deerview Drive, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania,
17055.
3. Plaintiff seeks custody of the following children:
Name
Present Residence
Age
John A. D'Adamo, III 2402 Deerview Drive, Mechanicsburg, PA 17055 S y/o (6-5-91)
Sean C. D'Adamo 2402 Deerview Drive, Mechanicsburg, PA 17055 4y/o (6-15.95)
4. The children were born in wedlock.
5. The children are presently in the custody of Plaintiff.
6. During the past five years, the children have resided with the following persons and at the
following addresses:
Person Address Dates
John & Cynthia D'Adamo 2402 Deerview Drive, Mechanicsburg
7. The mother of the child is Cynthia L. D'Adamo.
8. She is married.
9. The father of the child is John A. D'Adamo, ll.
10. He is married.
11. The relationship of plaintiff to the child is that of biological father.
12. The plaintiff currently resides with the following persons:
Name Relationship
John A. D'Adamo, III 2402 Deerview Drive, Mechanicsburg, PA 17055 8 y/o (6-5.91)
Sean C. D'Adamo 1401 Deerview Drive, Mechanicsburg, PA 17055 4y/o (6-15.95)
13. The relationship of defendant to the child is that of biological mother.
14. The defendant currently resides with the following persons:
Name Relationship
Unknown. Mother has abandoned the marital residence and secreted her whereabouts since on or
about 9.17-99
15. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
16. Plaintiff has no information of a custody proceeding concerning the children pending in
a court of this Commonwealth.
17. Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have custody or visitation rights with respect to the children.
18. The best interest and permanent welfare of the children will be
served by granting the relief requested because:
a. Plaintiff has been a primary custodian and caregiver of the children
since birth.
b. Plaintiff has maintained a relationship that has
for the physical, intellectual, emotional and spiritual well being
of the children.
Plaintiff has maintained the children's contacts with extended family,
friends and kept the children active in extracurricular activities.
19. Each parent whose parental rights to the children have not been terminated and the person
who has physical custody of the children have been named as parties to this action. All other persons,
named who are known to have or claim a right to custody or visitation of the child will be given notice
of the pendency of this action and the right to intervene:
Name Address Basis of Claim
NONE
WHEREFORE, plaintiff, John A. D'Adamo, 11 requests the court to grant him sole legal and primary
physical custody of the children.
Respectfully Submitted,
Lee E. Oesterling, Esquire
Attorney I.DI 71320
20 South Market Street
Mechanicsburg, PA 17055
(717) 790-0490
Attorney for Plaintiff
VERIFICATION
I verify that upon personal knowledge or information and belief that the statements made in this
Complaint are true and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
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SEP 21 19991f
JOHN A. D'ADAMO,11 )
Plaintiff )
Vs. )
CYNTHIA L. D'ADAMO )
Defendant )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-5832 CIVIL TERM
CIVIL ACTION - CUSTODY
ORDER
AND NOW this Lk day of / I (x 1999, it being reported to the
Conciliator that the parties have reached an agreement which makes further proceedings
unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter
to the Court Administrator. If either of the parties wishes further proceedings in this action, they
should petition the Court anew.
FOR THE COURT,
MICHAEL L. ANGS
Custodj• Conciliator
cc: Lee E. Oesterling, Esquire
nn
Chase Manhattan Mortgage, et al.
vs
Craig A Wert
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 2000-5832 Civil
R. Thomas Kline, Sheriff, who being duly swom according to law, says this writ
is returned STAYED.
Sheriffs Costs:
Docketing 30.00
Poundage 12.80
Posting Bills 15.00
Advertising 15.00
Law Library .50
County 1.00
Levy 15.00
Postpone Sale 40.00
Surcharge 20.00
Certified mail 1.10
Mileage 9.30
Law Journal 260.75
Patriot News 206.94
Share of Bills 2SU
$652.92
Sworn and subscribed to before me
This _S=' day of(_
2001, A.D.
Pr thonotary
pd by atty.
05-30-01
R. Thomas Kline, Sheriff
BY ki vx4-)?t
Deput Sheriff
?U
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SI
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION, t%k/a Chemical
Residential Mortgage Corporation, NO.: 2000-5832
s/b/m/t Margaretten & Company. Inc.,
Plaintiff,
vs.
CRAIG A. WERT,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Chase Manhattan Mortgage Corporation, f/k/a Chemical Residential Mortgage Corporation,
s/b/m/t Margaretten & Company, Inc., Plaintiff in the above action, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information was of record concerning the
real property of Craig A. Wert located at 101 Water Street, E. Pennsboro, PA 17025 and is more
fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CRAIG A. WERT OF, IN AND
TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN E. PENNSBORO
TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A
DWELLING BEING KNOWN AND NUMBERED AS 101 WATER STREET, E. PENNSBORO,
PA 17025. DBV 103, PAGE 778, AND PARCEL #09-12-2995-051.
P*
I . The name and address of the owner or reputed owner:
Craig A. Wert 653 Mountain Street
Enola, PA 17025
2. The name and address of the defendant in the judgment:
Craig A. Wert 653 Mountain Street
Enola, PA 17025
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Chase Manhattan Mortgage Corporation, f/k/a [PLAINTIFF]
Chemical Residential Mortgage Corporation,
s/b/m/t Margaretten & Company, Inc.
East Pennsboro Township 98 S. Enola Drive
Enola, PA 17025
Parents Without Partners P.O. Box 1791
Harrisburg, PA 17105
4. The name and address of the last record holder of every mortgage of record:
Chase Manhattan Mortgage Corporation, f/k/a [PLAINTIFF]
Chemical Residential Mortgage Corporation,
s/b/m/t Margaretten & Company, Inc.
Dauphin Deposit Bank & Trust Company P.O. Box 4800
Harrisburg, PA 17111
5. The name and address of every other person who has any record lien on the property:
Cumberland County Domestic Relations
P.O. Box 320
Carlisle, PA 17013
PA Dept. Of Revenue
Bureau of Individual Taxes
Inheritance Tax Division
Dept. 280601
Harrisburg, PA 17128-0601
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
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 statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
GRENEN & BIRSIC, P.C.
By.`
Kristine M. Faust, Esquire
Attorney for Plaintiff
SWORN to and subscribed before
me this day of YY) I 2000.
i, Notary Public (_
.at c .
cow.
"Aelnber, F- M Nnter
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION, f/IJa Chemical
Residential Mortgage Corporation, NO.: 2000-5832
s/b/m/t Margaretten & Company, Inc.,
Plaintiff,
vs.
CRAIG A. WERT,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Craig A. Wert
653 Mountain Street
Enola, PA 17025
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 at the
Cumberland County Courthouse
Commissioners Hearing Room, 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
on Wednesday, March 7, 2001 at 10:00 A.M., the following described real estate, of which Craig
A. Wert is the owner or reputed owner:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CRAIG A. WERT OF, IN AND
TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN E. PENNSBORO
TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A
DWELLING BEING KNOWN AND NUMBERED AS 101 WATER STREET, E. PENNSBORO,
PA 17025. DBV 103, PAGE 778, AND PARCEL #09-12-2995-051.
A ,
The said Writ of Execution has been issued on ajudgment in the mortgage foreclosure action tit'
Chase Manhattan Mortgage Corporation, f7k/a
Chemical Residential Mortgage Corporation,
s/b/m/t Margarcuen K Company, Inc.,
Plaintiff,
vs.
Craig A. Wert,
Defendant,
at Execution Number 2000-5832 in the amount of $69,645.96.
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 tiled with the Office
of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is tiled in the
Office of the Sheriff.
This paper is a notice of the date and time of the sale of your property. It has been issued
because there is a judgment against you. It may cause your property to be held or taken to pay the
judgment. You may have legal rights to prevent your property from being taken. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, you must act
promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
Court Administrator
4" Floor, Cumberland County Courthouse
Carlisle, PA 17013
TELEPHONE: (717) 240-6200
You may have legal rights to prevent the Sheriff's Sale and the Inss of your property. In
order to exercise those rights, prompt action on your part is necessary.
You may have the right to preventordelay the Sheriffs Sale by filing, before the sale occurs,
a petition to open or strike thejudgment or a petition to stay the execution.
If the judgment was entered because you did not tile with the Courtany defense or objection,
you might have within twenty (20) days after service ofthe Complaint for Mortgage Foreclosure and
Notice to Defend, you may have the right to have thejudgment 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 thejudgment 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 orjudgment.
You may also have the right to have thejudgment 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
Sheriffs 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'rHE OFFICE OF THE
SHERIFF.
GRENEN & BIRSIC, P.C.
Bv:
Kri tine M. Faust, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE MANHATTAN MORTGAGE
CORPORATION, f/Wa Chemical
Residential Mortgage Corporation. NO.: 2000-5832
s/b/m/t Margaretten & Company. Inc..
Plaintiff,
vs.
CRAIG A. WERT,
Defendant.
LONG FORM DESCRIPTION
ALL that certain piece or parcel of land with improvements thereon erected in the Township of East
Pennsboro, Cumberland County, Pennsylvania, being described in accordance with a survey made by Gerrit
J. Betz, R.S. dated November 20, 1983, as follows, to wit:
BEGINNING at a point of the Southwestern corner of Water Street and at a 16 foot wide alley;
thence along said alley South 25 degrees East, 55.65 feet to a pin; thence along another 16 foot alley South
65 degrees West, 72.33 feet to a pin; thence along lands now or formerly of Kenneth E. Bitting North 24
degrees 46 minutes West, 101.44 feet to a hub; thence along said Water Street South 82 degrees 31 minutes
East, 82.25 feet to a hub, the point and place of beginning.
UNDERand SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights
of way of record.
BEING the same premises which Craig A. Wert and Julie R. Fisher, by Deed dated April 1, 1994
and recorded in the Office of the Recorder of Deeds of Cumberland County on April 8, 1994, in Deed Book
Volume 103, Page 778, granted and conveyed unto Craig A. Wert.
GRE EN & BIRSIC, P.C.
By:? ¢G t o ?? LGCFSC?
Kris ine M. • ust, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
Parcel No. 09-12-2995-051
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) N02000-5832 CIVIL t*
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION,
F/K/A CHEMICAL RESIDENfIAi MORTGAGE QQRPORATION S/B/M/T MARGARETTEN &COMPANY 004NTIFF(S)
from CRAIG A. WERT
(1) You are directed to levy upon the property of the defendant(s) and to
PLEASE SEE ATTACHED DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $66,372.00
L. L. $.50
Interest $3,273.96 (from 10/11/00 to sale) DueProthy_
Afty's Comm % Other Costs
Ally Paid $109.30
Plaintiff Paid
Date: December 11, 2000 CURTIS R. LONG
Prothonotary, Civil Division
REQUESTING PARTY:
Name KRISTINE M. FAUST
Address: 1 GATEWAY CENTER 9 WEST
PITTSBURGH, PA 15222
Attorney for:
Telephone:.
Plaintiff
412) 281-7650
by: f3Y
Deputy
Supreme Court ID No. 77991
REAL ESTATE SALE N&'
_0 dz, r ,.!lsa. /a. 3+r° the sheriff levied upon the defendants
interest in the real property situated in k &e g?
Cumberland County, Pa., known and numbered as: u /
and more fu o ;cscrioed on Exhibit "A" filed with C?
this writ and by this reference incorporated herein. ?,.
'ate: ,_. i2ra By:
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