Loading...
HomeMy WebLinkAbout01-6295CUMBERLAND COUNTY ADULT PROBATION VS. Ronald Eugene Coons 45 Browns Dam Road New Oxford, PA 17350 Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. O I- t. 0. ~ x/ CIVIL TERM Defendant RE: NO. 01-658 CRIMINAL TERM PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of plaintiff, Cumberland County Adult Probation, and against Defendant in the amount of $1124.69 pursuant to 42 Pa. C.S.A. Section 9728 as set forth in the attached statement of certified case costs and fines. Dennis E. Lebo, Clerk of Court Date: November 5, 2001 ENTRY OF JUDGMENT AND NOW, this 5-~ dayof //~fm~r~,~f , .Ttgtg/ ,judgmantisantered in favor of the Plaintiff and against the Defendant in the amount set forth above. Attachment cc: Defendant Probation Clerk of Court Curtis R. Long, Prothonotary 142404101101 ******************** Paqe 8 qCS746 *STATEMENT OF COSTS* 10711/2001 Case No. 2001-00658 To: Dennis E. Lebo Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, Pa I7013 COONS RONALD EUGENE 45 BROWNS DAM ROAD NEW OXFORD, PA 17350 Transaction Debit Credit Balance 04/04/01 COURT COSTS 250.00 250.00 Totals 250.00 250.00 05/03/01 COURT COSTS 80.80 80.80 Totals 80.80 80.80 07/16/01 SHERIFFS COST 27.30 27.30 Totals 27.30 27.30 07/23/01 SHERIFFS COST 2.99 2.99 Totals 2.99 2.99 08/07/01 SHERIFFS COST 30.60 30.60 Totals 30.60 30.60 08/22/01 COURT COSTS 24.01 24.01 Totals 24.01 24.01 08/22/01 SHERIFFS COST 1.50 1.50 Totals 1.50 1.50 08/22/01 OFF F.E. ACT158 5.00 5.00 Totals 5.00 5.00 08/22/01 CCC ACT 139 25.00 25.00 Totals 25.00 25.00 08/22/01 CVC ACT 139 15.00 15.00 Totals 15.00 15.00 08/22/01 DVC - ACT 44 10.00 10.00 Totals 10.00 10.00 08/22/01 STATE COST A 8.61 8.61 142404101101 ******************** ~ Paqe 9 CCS746 *STATEMENT OF COSTS* 10711/2001 Case No. 2001-00658 COONS RONALD EUGENE 45 BROWNS DAM ROAD NEW OXFORD, PA 17350 To: Dennis E. Lebo Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, Pa I7013 A TRUE COPY FROM RECORD In Te~mony whereof, I tere unto set my Im.I and the seal of said Court at CldJsle, PA. Totals 8.61 8.61 08/22/01 STATE COST B 7.38 7.38 Totals 7.38 7.38 08/22/01 JCP FEE 1.50 1.50 Totals 1.50 i 50 08/22/01 DISTRICT ATTY 15.00 15.00 Totals 15.00 15.00 08/22/01 PLEA 125.00 125.00 Totals 125.00 125.00 08/22/01 AUTOMATION FEE 5.00 5.00 Totals 5.00 5.00 08/22/01 NON-DUI CP COST 200.00 200.00 Totals 200.00 200.00 08/22/01 DNA COSTS ACT14 250.00 250.00 Totals 250.00 250.00 10/02/01 ADMIN. FEE 40.00 40.00 Totals 40.00 40.00 Case Totals 1124.69 .00 1124.69 You are liable for the above costs PA CSA 9728 the P ' procedure 42 · rothonotar is aut , unpaid co~s and issue an exy horized to ~99fess ud e~t o~ all the Sherii~ for the collecti~tiOn and place sm.~ in t~e ~anos oz We trust you will give the above account your prompt attention. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND t ss. Robert p Ziegler ..................................................................... Recorder Deeds in and for said County and State do'hereby certify that thc Sher/ff's Deed in which Flagstar Bank FSB ................ ............................. 7 ...................................................... is thc grantee the sa.me having been sold to sa/d grantee on thc 6th 'March 02 ........................ day of ........................................ A. D., .,' ..... , under and by virtuc of a writ ........... Execution - - - ................................................ hsued on the 13th March ..................................... my of ....... 2002 ................... A.D., out of thc Court of Comman Plea~ of said County'as of Civil .. ; 6925 .............................................. Term, ~001 ~um~r _..L . . Flagstar Bank F S B --- .............. ~ IL [uC SUIt Ot .... Wayne Abel & Gregory Wayn~ i-~gi ................ ................................... against ...................... is duly recorded m Sheriff's Deed Book No 252 ,. 2042 .............. · · ............ , rage ............. IN TESTIMONY WHEREOF, I have hereunto sct my hand and seal of said office thh __.~____. day of ........... ~ ........... A.D., Flagstar Bank F.S.B. VS Wayne Abel and Gregory Wayne Abel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6925 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2002 at :14 o clock pm, EST, he served a tree copy of the within Real 3 ' Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Wayne Abel, by making known unto Wayne Abel personally, at 51 Ashburg Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2002 at 7:19 o'clock pm, EST, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Gregory Wayne Abel, by making known unto Gregory Wayne Abel personally, at 406 East Marble St., Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2002 at 9:45 o'clock A.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Wayne Abel and Gregory Wayne Abel located at 406 East Marble Street, Mechanicsburg, 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 mailed a notice of the pendency of the action to one of the within named defendants to wit: Wayne Abel, by regular mail to his last known address of 51 Ashburg Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. 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 mailed a notice of the pendency of the action to one of the within named defendants to wit: Gregory Wayne Abel, by regular mail to his last known address of 406 East Marble Street, Mechanicsburg, PA 17055. This letter was mailed under the date of April 04, 2002 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 within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Flagstar Bank, FSB. It being the highest bid and best price received for the same, Flagstar Bank, FSB of 5151 Corporate Drive, Troy, MI 48098, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $660.88, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 12.96 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Prothonotary 1.00 Service 18.63 Certified Mail 1.44 Levy 15.00 Surcharge 30.00 Law Journal 246.80 Patriot News 155.35 Share of Bills 25.20 Distribution of Proceeds Sheriff's Deed 25.00 29.50 $660.88 paid by attorney 6/26/02 Sworn and subscribed to before me So Answers: R. Thomas Kline: Sheriff 2002, A.D. (.~,....~ ~ ~tzzg., l~ro{honotary BY q.j(~c~cf Real Estate Deputy FLAGSTAR BANK, F.S.B Plaintiff, WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6925 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FLAGSTAR BANK~ F.S.B, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, 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 ~406 MARBLE STREET, MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYNE ABEL GREGORY WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 406 MARBLE STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on th:~ real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded ho!der of'every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BANK ONE, N.A. PO BOX 710097 COLUMBUS, OH 43271-0097 BENEFICIAL CONSUMER DISCOUNT CO., D/BA BENEFICIAL MORTGAGE CO. OF PA 4910 CARISLE PK., SUITE 104 MECHANICSBURG, PA 17050 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 406 MARBLE STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that tbe 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. Sec. 4904 relating to unsworn falsification to authorities. March 12, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FLAGSTAR BANK, F.S.B Plaintiff, WAYNE ABEL GREGORY WAYNE ABEL Defendant(s). TO: WAYNE ABEL 49 ASHBURN DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 01-6925 March 12, 2002 GREGORY WAYNE ABEL 406 MARBLE STREET MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE A N A TTEMP T TO COLLECT A DEB I~ B UT ONLY ENFOR CEMENT OF A LIEN A GA INST PROPER TY ** Your house (real estate) at, 406 MARBLE STREET~ MECHANICSBURG, PA 17055~ is scheduled to be sold at the Sheriffs Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 90,623.48 obtained by FLAGSTAR BANK, F.S.B (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 on page two 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 TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner oftbe propcrty as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unIess exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 .D. ESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mechanicsburg, County of Cumberland and State of Penn? vania more pa~icular,d, bounded and described as follo,.xs, to BEGINNING at a point on the South side of East Marble Street (52.5 feet wide~ at the dividing line between Lots Nos. l-t and 15. Section "C", on the hereinafter mentioned Plan of Lots: thence along said dividing line South 18 degrees 39 minutes East 151.26 feet to a point: thence South 72 degrees 48 minutes West a distance of 65.02 feet to Lot No. 13, Section "C"; thence alon~, Lot N lo, Section "C" North 18 degrees 39 minutes West 149.62 feet to the South side of East~Marble Street; thence along the South side of East Marble Street North 71 degrees 21 minutes East 65 feet to Lot No. 15, the place of beginning. BEING Lot No, 14, Section "C", in the Plan of Blackburn Village, as recorded in the Cumberland County Recorder's Office in Plan Book 5, Pa~e HAVING thereon erected a single brick dwelling house lcnown and numbered as 406 East marble Street. Tax Parcel #038 Tax Map #24-0789 WRIT OF EXECUTIO,N and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FLAGSTAR BANK F.S.B.PLANTIFF(S) From WAYNE ABEL AND GREGORY WAYNE ABEL (1) You are directed to levy upon the properly of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: NO 01-6925 Civil CIVIL ACTION - LAW 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 fi.om delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS90,623.48 L.L. Interest FROM 3/12/02 TO 6/5/02 (PER DIEM - $14.90) $1,266.50 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $246.41 Other Costs Plaintiff Paid Date: MARCH 13, 2002 REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 CURTIS R. LONG Prothonotary, Civil Division Real Estate Sale #5 ~ On March 15, 2002 the sheriff levied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA known and numbered as 406 Marble Street, Mechanicsburg and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2002 Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of PennsyJvania, owner and publisher of The Patriot-News and The Sundav Patriot-New,~ 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 regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. 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 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 .. ~ mamsourg, uauphin County ! r~'o'r',~ R y ....... My Commission Expires June 6, 2002 F-UDLI~_~ n ..... ]My commisson ex ires June 6 2002 RF. ALrF. STATE 8ALE NO. 59 Writ NOA~I,~2~ R~ar ~mk F.S,B. G Abel D~ON ALL THAT CEI~AIN tnct of ~d ~itu~ in t~e BE~iI~INO a~ a point on ibc ~t~ side of Eag Marble $~ (525 f~ wide) at t~ dividing line dirking line So~ 18 d~ 39 minutes East 151.26 feet to a [~in~ theme S~th 72 deg~cs 4~ minul~s W~ a d~sta~cc of 65.02 fec~ to L~ No. 3, S~caon ~C~; ~oce ~on8 L~ Ne. 13, Sec~o~ No~h 8 degas 39 m~ We~i 49.62 fm to the South side of F,~t Ma/ol~ Sm:et; the~ agog thc S~uth side of Eaa Ma'ole SU*m No~ 71 deem 21 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 $ 153.60 $ 1.75 $ 155.35 Publisher's Receipt for Advertising Cost m~a~Ea~t65f~tt~LaNo.~5,~pt~c~(,f ., publisher of The Patriot-News and The un a P triot-N ws, newspapers of general I~1~II~1~6. le receipt of the aforesaid notice and publication costs and ce~ifies that the same have B~O ~ No. 14; ~ ~', ~ ~ ~ d ~O ~ ~ a s~ ~k d~I{i~ By ............................. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. 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: APRIL 26, MAY 3, 10, 2002 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. REAL ESTATE SALE NO. 59 Writ No. 200I 6925 Civil Flagstar Bank F.S.B. VS. Wayne Abel and Gregory Wayne Abel Atty.: Frank Federrnan DESCRIPTION ALL TFL~T CERTAIN tract of land situate in the Borough of Mechan iesburg, County of Cumberland and State of Pennsylvania, more particu- larly bounded and described as roi lows, to wit: BEGINNING at a point on the South side of East Marble Street {52.5 feet wide) at the dividing line between Lots Nos. 14 and 15, Sec tion "C', on the hereinafter men- tioned Plan of Lots; thence along said dividing line South 18 degrees 39 minutes East 151.26 feet to a point; thence South 72 de~rees 441 SWORN TO AND SUBSCRIBED before me this 10 day of MA___~_Y 2002._