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HomeMy WebLinkAbout03-4892Steven D. Murphy and Glenda A. Bordner, Owners Michael Manning & Associates, a Pennsylvania General Partnership, Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STIPULATION AGAINST LIENS WHEREAS, Steven D. Murphy and Glenda A. Bordner, of Cumberland, Pennsylvania, is about to execute contemporaneously herewith, a contract with Michael Manning & Associates, a Pennsylvania General Partnership of Cumberland County, Pennsylvania, for the erection of a dwelling upon a lot of land situate as follows: ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, Cumberland County, Commonwealth of Pennsylvania, being more fully described as follows: BEGINNING at a point on the dedicated right-of-way line of Sullivan Street at the dividing line of Lot No, 3 and Lot No. 4, Hickory Ridge, Phase I recorded in Plan Book 77, Page 143; thence by said dividing line, North 73 degrees 21 minutes 56 seconds East, a distance of 413.03 feet to a point in Holtz Run; thence through said Run, South 40 degrees 27 minutes 19 seconds East, a distance of 138.99 feet to a point in Run at the dividing line of lands now or formerly of Irvin E. and Thelma Stambaugh, Tract #5,; thence by the same South 49 degrees 36 minutes 44 seconds West, a distance of 120.00 feet to a point at the dividing line of Lot No. 11, Hickory Ridge, Phase I and lands herein described; thence by said dividing and beyond by Lot No. 10, South 86 degrees 14 minutes 21 seconds West, a distance of 287.30 feet to a point at the dividing line of Lot No. 5 and Lot No. 4, herein described; thence by said dividing line, South 88 degrees 33 minutes 06 seconds West, a distance of 100.00 feet to a point on the dedicated right of way line of Sullivan Street; thence by said right-of-way line, the following two courses and distances: 1) North 01 degree 26 minutes 54 seconds West, a distance of 42.55 feet to a point; 2) By a curve to the left having a radius of 175.00 feet and an arc distance of 44.76 feet to a point, the Place of BEGINNING. BEING Lot No. 4 as shown on Final Subdivision Plan of Hickory Ridge, Phase I, recorded in Plan Book 77, Page 143, and being subject to all easements of record. UNDER AND SUBJECT TOestrictions recorded inMiscellaneous Book 608, Page 194. NOW, the \ ~2-,~ day of September, 2003, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Steven D. Murphy and Glenda A. Bordner, to the said Michael Manning & Associates, a Pennsylvania General Partnership to commence work on the said building, or purchase materials for the same in consideration of the making o fthe said contract with Michael Manning & Associates, a Pennsylvania General Partnership and the further consideration of One Dollar, to Michael Manning & Associates, a Pennsylvania General Partnership paid by Steven D. Murphy and Glenda A. Bordner, it is agreed that no lien shall be filed against the building by the contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF OWNER: Steven D. Murphy CONTRACTOR: Michael Manning & Associates, a Pennsylvania General Partnership - 2 - GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #~ 6132 Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS 1NC. SERVICING LP 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. EDWIN RODRIGUEZ (Mortgagor(s) and Record owner(s)) 416 Hillside Road New Cumberland, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 03-4982 ORDER FOR JUDGMENT Please enter Judgment in favor of COUNTRYWIDE HOME LOANS INC. SERVICING LP, and against EDWIN RODRIGUEZ for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America)from the date of s~ f t~plaint, in the sum of $85,773.79. Joseph ~. I6~t~ck, Jr. Attorney l'br Fla,ntiff I hereby certify that the above names are correct and thatlt~e precise residence address of the judgment creditor is COUNTRYWIDE HOME LOANS 1NC. SERVICINO~LP 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 and that the name(s) and last known address(cs) of the Defendant(s) is/are EDWIN RODRIGUEZ, 416 Hillside Road New Cumberland, PA 17070; GOLD~ERTY & McKEEVER BY: Jos['p ~:~[ ~c~dbeck, Jr. ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance lmerest from 04/01/2003 through 11/06/2003 Attorney's Fee at 5.0000% of principal balance Late Charges Costs of Suit and Title Search Escrow Balance Deficit AND NOW, this ~'~ day of )/~ 0W'~ $76,619.15 $3,867.59 $3,830.96 $215.87 $9OO.OO $340.22 ($0.00) $85,773.79 GOLDBEC'K'F1vI ,~:FERTY & McKEEVER BY: Joseph A. G~l~b¢ ck, Jr. Attorney for [~'f ,2003 damages are assessed as above. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. G61dbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. SERVICING LP 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW EDWIN RODRIGUEZ Mortgagor(s) and Record Owner(s) 416 Hillside Road New Cumberland, PA 17070 ACTION OF MORTGAGE FORECLOSURE No. 03-4982 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 04/01/2003 to 11/06/2003 at 8.3750% (Costs to be added) $85,773.79 BY: Jos Attorne, ~id~eFERTY & McKEEVER ck, Jr. © ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING THE BOROUGH OF NEW CUMBERLAND IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DF~SCRiBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST SIDE OF HILLSIDE ROAD AT THE DIVIDING LINE BETWEEN LOTS 11 AND 12 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE WEST SIDE OF HILLSIDE ROAD, SOUTH 1S DEGREES 0S MINUTES 12 SECONDS EAST, A DISTANCE OF 50.00 FEET TO A PC~INT AT THE LINE OF LOT NO. 13; THENCE ALONG THE DIVIDING LINE OF LOTS 12 AND 13, SOUTH 71 DEGREKS S1 M3[NU-I'ES 48 SECONDS WF~T, A DISTANCE OF 120.00 FEET TO POINT AT LINE OF LAND NOW OR LATE OF GORDON WILLIS, ET AL; THENCE ALONG SAID PROPERTY LINE NORTH 18 DEGREES 08 MINUTES 12 SECONDS WEST, A DISTANCE OF $0.00 FEET TO A POINT AT THE LINE OF LOT NO. 11; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 11 AND 12~ NORTH 71 DEGREES $1 MINUTES 48 SECONDS EAST, A DISTANCE OF 120.00 FEET TO A POINT ON THE WEST SIDE OF HILLSIDE ROAD, THE PLACE OF BEGINNING. BEING LOT NO. 12 ON THE SUBDIVISION PLAN OF NEW CUMBERLAND HOMES, RECORDED IN THE RECORDER OF DEEDS OFFICE OF CUMBERLAND COUNTY IN PLAN BOOK 41, PAGE 150~ · HAVING THEREON ERECTED A BRICK DWELLING HOUSE KNOWN AND NUMBERED AS 416 HILLSIDE ROAD, NEW CUMBERLAND, PENNSYLVANIA 17070. SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 456 H521s±de Road New Cumberland, PA 17070 SOLD as the property of EDWiN RODRIGUEZ TAX PARCEL #2525-000B-042 WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AND Rule 3257 COUNTRYWIDE HOME LOANS 1NC. SERVICING LP 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 In the Court of Common Pleas of Cumberland County VS. EDWiN RODRIGUEZ 416 Hillside Road New Cumberland, PA 17070 No. 03-4982 WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Commonwealth of Pennsylvania: County of Cumberland To the Sheriff of Cumberland County,.Pennsylvania To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: PREMISES: 416 Hillside Road New Cumberland, PA 17070 See Exhibit "A" attached AMOUNT DUE $85,773.79 Interest From 04/01/2003 Through 11/06/2003 (Costs to be added) Dated: Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4982 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS INC. SERVICING, LP Plaintiff (s) From EDWIN RODRIGUEZ, 416 HILLSIDE ROAD, NEW CUMBERLAND PA 17070. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTTATE LOCATED AT 416 HILLSIDE ROAD, NEW CUMBERLAND PA 17070 (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 garmshee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,773.70 Interest 11/6/03 TO 11/5/03 ~ 8.33750% Atty's Comm % Atty Paid $121.73 Plaintiff Paid Date: NOVEMBER 13, 2003 (Seal) REQUESTiNG PARTY: Name JOSEPH A. GOLDBECK JR., ESQ. L.L. $.50 Due Prothy 1.00 Other Costs CURTIS R. LONG Address: SUITE 500 - MELLON INDEPENDENCE CENTER 701 MARKET ST.~ PHILADELPHIA PA 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 Goldbeck McCaffe~y & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. SERVICING LP 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff VS. EDWIN RODRIGUEZ (Mortgagor(s) and Record Owner(s)) 416 Hillside Road New Cumberland, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 03-4982 AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS INC. SERVICING LP, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 416 Hillside Road New Cumberland, PA 17070 1 .Name and address of Owner(s) or Reputed Owner(s): EDWIN RODRIGUEZ 416 Hillside Road New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: EDWIN RODRIGUEZ 416 Hillside Road New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: ALLFIRST BANK P.O. Box 17282 Baltimore, MD 21203 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be afl/ected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANT/OCCUPANT 416 Hillside Road New Cumberland, PA 17070 (attach separate sheet if more space is needed) 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 l 8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 6, 2003 ( ~ GOLDBEX~ ~FERTY & McKEEVER BY: Joseph ~,/G~ld~eck, Jr., Esq. Attorney for ~ldir~iff~ 03-4982 'GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. SERVICING LP 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 Plaintiff VS. EDWIN RODRIGUEZ Mortgagor(s) and Record Owner(s) 416 Hillside Road New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-4982 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RODRIGUEZ, EDWIN EDWIN RODRIGUEZ 416 Hillside Road New Cumberland, PA 17070 Your house at 416 Hillside Road, New Cumberland, PA 17070 is scheduled to be sold at Sheriff's Sale on Wednesday, March 03, 2004, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $85,773.79 obtained by COUNTRYWIDE HOME LOANS 1NC. SERVICING LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS INC. SERVICING LP, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 O3-4982 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the SheriffofT17-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriffand the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Jospeh A. Goldbeck, Jr. Attorney I.D. # 16132 Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. SERVICING LP 7105 Corporate Drive PTX B-35 Piano, TX 75024-3632 Plaimiff V$, EDWIN RODRIGUEZ Mortgagor(s) and Record Owner(s) 416 Hillside Road New Cumberland, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 03-4982 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiffhas complied with all the provisions of the Act. ( Joseplz Attom ck, Jr. y f )r plaintiff