HomeMy WebLinkAbout04-0283
09-3-03
OLI . ~H3 C,UJ ~n .........
NOTICE OF JUDGMENtITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'HIGHLAND I S TIRE " SERVICE CENTER I
1257 NT. HOLLY PIKE
CARLISLE, PA 17013
L ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.
OJ Name: Hon
SUSAN K. DAY
Addco" 229 MILL STREET, BOX 167
NT. HOLLY SPRINGS, PA
VS.
17065
DEFENDANT:
'NICKEY, DEBORAH
6 GOLDEN ROD RD
CARLISLE, PA 17013
L
Docket No.: CV-0000321-03
Date Filed: 10/21/03
NAMi:. and ADDRESS
T"'pho", (717) 486-7672
I
HIGHLAND'S TIRE" SERVICE CENTER
1257 MT. HOLLY PIKE
CARLISLE, PA 17013
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-
THIS IS TO NOTIFY YOU THAT:
Judgment:
_rolL,!'I.l>.TNTTFF
[i]
[i]
Judgment was entered for:
(Name)
HTnHT.l>.NTl'!l 'I'TR'R I'r !l'R, RVT~'R ('.'R
Judgment was entered against: (Name)
N'[CK'RV, OEHORl>.H
in the amount of $
1 ,070 _ 7 Ron:
(Date of Judgment)
1?/1C;/0~
D Defendants are jointly ~rid severally liable.
D Damages will be assessed on:
D This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 982.78
$ 88.00
$ .00
$ .00
$ 1.070.78
D Amount of Judgment Subject to
Attachment/42 Pa.C.S. ~ 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, A~L FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE~STRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, A'NYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
I{:t~f~~t~is i~:t~rue L-:ect
/-/(g()-f Date/ cc. /6
My commission e~es first Monday of January, 20
, Distric~ Justice
ce~dings containitlg the ludgment.
____, District Justice
SEAL
AOPC 315.03
DATE PRINTED:
12/15/03
10:33:02 AM
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
\
!-fIGHL4)./lJ,S' -rJ~~ f SERVIO~. CEA!lEI!,
I 2.:S '7 j/rT MOLL j Plt-<- ~
"'-"IZi..-\ SL~ PfA '70/3
v~ ( vs.
) Confessed Judgment
) Other
File No. 0'-1 - z 'If 3
Amount Due 1> I 0 70. 7 Z
1
DE'1301<,4 H }IllCKq
(p GOLDEN Rot::, AD
01RI.-.IJL..E:, PA 1/013
TO THE PROTHONOTARY OF THE SAID COURT:
Interest
Atty's Comm
Costs
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of CrJfVlt3OfV'lAJj
for debt, interest and costs, upon the following described property of the defendant(s)
fiLL P~,f.sOI'J/iL fI<..OPE'I<Tf
County,
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date
2-1-3- of
Signature:
Print Name:
Address:
~At{/ ~ 1v~
t!JG~41 E EVUl<..y
/257 ~T IItlLL'j f1//(f~
OM.t.,l.5LE (JA 17013
I
Attorney for:
Telephone: 717 Zt/J /:3 %2.
Supreme Court 10 No.:
(over)
Notes: If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
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WRIT OF EXECUTION andfor ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Highlands' Tire & Service Center, 1257 Mt. Holly Pike,
NO 04-283 Civil
CIVIL ACTION - LAW
Carlisle, PA 17013 Plaintiff(s)
From Deborah Nickey, 6 Golden Rod Rd, Carlisle, PA 17013
(I) You are directed to levy upon the property of the defendant (s)and to sell all personal 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:
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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that hefshe has been added as a
garnishee and is enjoined as above stated.
Amount Due$I,070. 78
L.L.
Interest
Atty's Comm %
Atty Paid
PlaintjffPaid $34.25
Date: February 13, 2004
Due Prothy $1.00
Other Costs
(Seal)
CURTIS R. LONG
prothonot;;& t1 /L A /)
By:t)f~ /YJ;1ftl;:J6 tf!1-----
Deputy
REQUESTING PARTY:
Name Jerome E. Zary
Address: 1257 Mt Holly Pike
Carlisle, P A 17013
Attorney for:
Telephone: 717-243-1382
Supreme Court ID No.
'r~ur;: C.f'l:t"lV ~r,;>r: u R. ~C,<"'1t~:--"
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In Teslimony whvm;l, I here unto ~et my hi.\n<l
anc:sth~~ said cO~Ca,.:tSle, Pa,' .
Th f ayof ,~
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Prothonotary
F: \flLES\DA T AF1LE\Hislllands' TireICuJTeJJlI&6,pral
Created: 3/30/05 8:24AM
Revised: 3130/05 10:14AM
1106566
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, P A ] 7013
(717) 243-3341
Attorneys for Plaintiff
HIGHLANDS' TIRE & SERVICE CENTER,: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 04-283
CIVIL ACTION-LAW
DEBORAH NICKEY,
Defendant
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE TO ISSUE WRIT OF EXECUTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a writ of execution in the above matter,
(1) Directed to the Sheriff of Cumberland County;
(2) Against Defendant Deborah Nickey last known to reside at 6 Golden Rod Road,
Carlisle, Cumberland County, Pennsylvania;
(3) Index this writ against Defendant Deborah Nickey.
(4) The Amount Due:
Principal Remaining on Judgment:
Interest from Date of Judgment through
March 30, 2005:
Total Judgment
Plus Court Costs (District Justice)
Plus Court Costs
(Cumberland County Court of Common Pleas)
Plus Interest accruing at $0.17 per day from
March 30, 2005
TOTAL DUE:
$ 1.070.78
$ 62.25
$ 1.133.03
$
$
$
$
Direct the Cumberland County Sheriff to execute upon any and all personal property that is
owned by Defendant Deborah Nickey.
Date: March 30, 2005
By:
David R. Galloway
1. D. Number 87326
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiff
WILLIAMS & OTTO
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WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Highlands' Tire & Service Center Plaintiff (s)
NO 04-283 Civil
CIVIL ACTION - LAW
From Deborah Nickey
6 Golden Rod Rd., Carlisle, Cumberland County, Pennsylvania
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal
property that is owned by defendant Deborah Nickey
(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 othenvise 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 helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due$1,070.78
L.L. $.50
Interest from date of Judgment through March 30, 2005 $62.25
Plus Interest accruing at $0.17 per day from March 30, 2005
Atty's Comm %
Atty Paid $17.50
Plaintiff Paid $98.66
Due Prothy $1.00
Other Costs
Date: April 1, 2005
CURTIS R. LONG
(Seal)
Prothonotary .
By: '1(<1/</.":z...)::' X./~ 95
V Deputy
REQUESTING PARTY:
Name David R. Galloway, Esq.
Address: 10 E. High St
Carlisle, P A 17013
Attorney for: Plaintiff
Telephone: 717-243-3341
Supreme Court ID No. 87326
. ,...
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
THE CHASE MANHA TT AN BANK, AS TRUSTEE
OF !MC HOME EQUITY LOAN TRUST 1997-8
UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF DECEMBER 1, 1997
Plaintiff,
No. 04-548 CIVIL TERM
v.
EDWARD G. RIDOLFI
JANICE M. RIDOLFI
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$97,330.81
Interest from 3/23/04-3/2/05
(per diem -$16.00)
$5,520.00 and Costs
TOTAL
$102,850.81
1iof'tl O.Q~ .~~ ~rn 006
D NIEL G. SCHMIEG, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
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ALL nlA T eBRT AlN piece or parcel of 13IId silUate in Lower Allen Township, Cumberland County,
PennsylVllllia, more particularly bounded and <Iescribed as follows. to wit:
BEGINNING at a point on me Soulberly line of Scarsdale Drlvc. which point is 125 feet West of lbe
Southwesterly comer of Scarsdale Drive and NepoIl!lir Lane extended and at the dividing line be~n
Lols Number 1 and 25 on rhe hereinafter mentioned Plan of lou; thence along rhe Southerly line of
Scarndale Drive, North " degrees 20 minutes East 107.51 feet to a point; thence iJJ an arc baving a
radius ono feet in a Soulbc;\sredy direction, 28.74 feet l\) a poiOl on the Westerly line of Neponsilland
aforesaid; thence along same Soutll 42 degrees 20 minutes East, 67.51 feet 10 a point at dividing line
bc:lween lnI.~ Number 1 and 2, Block "E. on said plan; thencc along _, South 47 degrees 40
minutes West 137.57 feet to a point at dividing line between Lots Number I and 25. Block: 'E"
aforesaid; thence along same Nom 34 degrees 40 mi1l\ltes West, 102.'9 feet to a point. !be place of
beginning.
BEING Loe Number 1. Block "E" on Plan of Lots \cnown as Country and Town Homes, Incorporaled,
which plan was recorded in tbe Cumberland County Recorder'. Off=on May 14,1956, in PI.tJI Book
7, Page 41.
HA VING thereon ereeled premises known as number 32 Scarsdale Drive.
TITLE TO SAID PREMISES IS VESTED IN Edward G. Ridolfi and Janice M. Ridolfi, his wife
by Deed from William B. Robinl>OJl and Beuy Lee Robinson, his wife dated 11l0fl987 and re.;orded
7113f1987 in Recool Book U~32. Page 316.
Tax Parcel #13~25-0022-125
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-548 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the deht, interest and costs due THE CHASE MANHATTAN BANK, AS TRUSTEE
OF IMC HOME EQUITY LOAN TRUST 1997-8 UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF DECEMBER 1, 1997, Plaintiff(s)
From EDWARD G. RIDOLFI AND JANICE M. RIDOLFI
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that hefshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $97,330.81 L.L.
Interest FROM 3123/04 - 3f2/05 (PER DIEM - $16.00) - $5,520.00 AND COSTS
Atty's Comrn % Due Prothy $1.00
Atty Paid $946.12 Other Costs
Plaintiff Paid
Date: DECEMBER 1, 2004
CURTIS R. LONG
(Seal)
Protho:a
'-l!y: O/}" ,P ~R/.VY-';-
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
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. 62205
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
In re:
Chapter 13
Edward G. Ridolfi
Janice M. Ridolfi
Case No. 1-04-05047
Debtor(s)
Charles J. DeHart, Ill, Tmstee
Movant
Motion to Dismiss With Prejudice
Edward G. Ridolfi
Janice M. Ridolfi
Document No.: 3
Respondent(s)
ORDER DISMISSING CASE WITH PREJUDICE
AND
PROHIBITING REFILING FOR A PERIOD OF TWO (2) YEARS
AND NOW, at Harrisburg, in said District, upon consideration of the Motion of the
Chaptl'r 13 Tmstee to Dismiss Case With Prejudice, and after notice and hearing,
IT IS ORDERED that the case be, and hereby is, dismissed with prejudice, and
IT IS FURTHER ORDERED that Debtors are hereby prohibited from filing a subsequent
bank:t,ptcy proceeding for a period oftwo (2) years from the dismissal of the instant proceeding.
BY THE COURT:
Date: October 22,2004
~JOJ~
Ban 'up 'Jndge
This electronic order is signed and filed on the same date.
FEDERMAN PHELAN, LLP
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPIDA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
THE CHASE MANHATTAN BANK, AS TRUSTEE
OF !MC HOME EQUITY LOAN TRUST 1997-8
UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF DECEMBER 1, 1997
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v.
NO. 04-548 CIVIL TERM
EDWARD G. RIDOLFI
JANICE M. RIDOLFI
Defendant(s).
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
o an FHA mortgage
() non-owner occupied
() vacant
(X) Act 9 I procedures have been fulfilIed
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
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THE CHASE MANHATTAN BANK, AS TRUSTEE
OF IMC HOME EQillTY LOAN TRUST 1997-8
UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF DECEMBER 1, 1997
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 04-548 CIVIL TERM
EDWARD G. RIDOLFI
JANICE M. RIDOLFI
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
THE CHASE MANHATTAN BANK. AS TRUSTEE OF IMC HOME EOUITY LOAN TRUST
1997-8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF
DECEMBER 1,1997, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG,
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,32 SCARSDALE DRIVE, CAMP HILL, PA
17011.
1. Name and address ofOwner(s) orreputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
EDWARD G. RIDOLFI
32 SCARSDALE DRIVE
CAMP HILL, PA 17011
JANICE M. RIDOLFI
32 SCARSDALE DRIVE
CAMP HILL, PA 17011
2. Name and address of Defendant(s) in the judgment:
Same as 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
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
I -.
4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
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)
LOWER ALLEN
TOWNSHIP AUTHORITY
120 LIMEILN ROAD
NEW CUMBERLAND, P A 17070
LOWER ALLEN TOWNSHIP
1993 HUMMEL AVENUE
CAMP HILL, PA 17011
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)
TenantlOccupant
32 SCARSDALE DRIVE
CAMP HILL, P A 17011
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
November 30. 2004
DATE
]011'1 ~ 0 Q.~ fl\ D D.(\.
ANIEL G. SCHMIEG, ESQUIRE <J
Attorney for Plaintiff
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THE CHASE MANHATTAN BANK, AS TRUSTEE
OF IMC HOME EQUITY LOAN TRUST 1997-8
UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF DECEMBER 1, 1997
Plaintiff,
CUMBERLAND COUNTY
No. 04-548 CIVIL TERM
v.
EDWARD G. RIDOLFI
JANICE M. RIDOLFI
Defendant(s).
November 30, 2004
TO: EDWARD G. RIDOLFI
32 SCARSDALE DRIVE
CAMP HILL, PA 17011
JANICE M. RIDOLFI
32 SCARSDALE DRIVE
CAMP HILL, PAl 7011
**mIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at, 32 SCARSDALE DRIVE. CAMP HILL. PA 17011. is scheduled
to be sold at the Sheriff's Sale on MARCH 2. 2005 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $97.330.81
obtained by THE CHASE MANHATTAN BANK. AS TRUSTEE OF IMC HOME EOUlTY
LOAN TRUST 1997-8 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS
OF DECEMBER 1. 1997 (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 Sheriff's Sale, you must take immediate action:
I. 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.
2. 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.
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 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. Ifthe 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 Sheriff the 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 of the
property 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 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 within 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 unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within 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.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
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ALL THAT CERTAIN piece or parcel of land slluace in Lower Allen ToWDSbip. Cumbetland County,
Pennsylvanla, more particularly boonded and described lIS follows, 10 wil:
BEGINNING at a point on the Solllberly line of Scllrsdale Drive, which point is 123 feel West of the
Southwesterly""""", of Scarsdsle Drive and NeponlIit Lane extended and at tl>e dividing line be~n
lois N\imber 1 and 25 on the hereinafter mentioned Plan of l.ot&; thence along the Southerly line of
Scarndale Drive, North S5 degrees 20 minutes &st 107.S1 feet to a point; thence in an arc baving a
radius of:W feet in a Southe'dSlerly dlrllCtion, 28.74 feet 10 a poilll on the Westerly line of Neponsilland
afore..aid; ,thence along same So\l.lII42 degrees :w minutes East, 67.S1 feel 10 a point at dividing line
between LoIs Num\lCr 1 and 2, Block "EO on ,aid plan; llleflCC along same, South 47 degrees 40
minutes West 137.57 feet 10 a point at dividing line belw",," Lots Number I and 25, Block 'E"
aforesaid; theDce along same North 34 delll'ees 40 minutes West, lQ2.S9 feel to a point. the place of
beginning.
BEING toC NUmber I, Block "E" on Plan of Lois known as Country and Town Homes, Incorporaled,
whicl1l'lan WlIS recorded in tbe Cumberland County Recorder'. Office on May 14, 1956, in Plan Book
7, Page 41.
HA V1NG thereon erected premises known as number 32 Scarsdale Drive.
TITLE TO SAID PREMISES IS VESTED IN Edward G. Ridolfi and Janice M. Ri<k>lfl, his wife
by Deed from William 8. RobiDS()n and Beny Lee Robinson, his wife dated 1110/1987 and recorded
711311987 in Record Book U-32, Page 376.
Tax Parcel #13-25-0022-125
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.. FIFILES\DA T AFlLEIHighlands' Tire\Currentl86praJ
Cr~at~d 4/7105 3:03PM
t"" R~vis~d 4/7/05 337PM
1106586
David R. Galloway, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiff
HIGHLANDS' TIRE & SERVICE CENTER,: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-283
: CIVIL ACTION-LAW
DEBORAH NICKEY,
Defendant
: JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the judgment in the above-captioned case satisfied and issue a certificate
reflecting the same.
MARTSON DEARDORFF
BY~
David R. Galloway
LD. Number 87326
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
ILLIAMS & OTTO
~
Attorneys for Plaintiff
Date: April 7, 2005
CERTIFICATE OF SERVICE
I, Jean Taylor, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY
that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at
Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Ms. Deborah Nickey
6 Golden Rod Road
Carlisle, PA 17013
MARTSON~L & OTTO
By' "-
Jean
T east High Street
Carlisle, P A 17013
(717) 243-3341
Dated: April 7, 2005
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff s Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
TOTAL
18.00
1.27
1.00
4.14
20.00
20.00
64.41
Sworn and Subscribed to before me
this Ji day of --2(j<<.A.l' .t--....
2005 A.D. #' ~.- / ~'-7. ~
thonotary
Advance Costs: 150.00
Sheriff s Costs: 64.41
85.59
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Refunded to Atty on 03/11/05
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WRIT OF EXECUTION and/or A TT ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-283 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Highlands' Tire & Service Center, 1257 MI. Holly Pike,
Carlisle, P A 17013 Plaintiff (s)
From Deborah Nickey, 6 Golden Rod Rd, Carlisle, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property
(2) You are also directed to attach the property of the defendant(5) 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
(5) 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 hefshe has heen added as a
garnishee and is enjoined as above stated.
Amount Due$1,070.78
L.L.
Interest
Atty's Comm
%
Due Pro thy $1.00
Other Costs
Atty Paid
Plaintiff Paid $34.25
Date: February 13, 2004
CURTIS R. LONG
(Seat)
prothoni!~ 1/lJ~ / ()i:
By:,. IJ;'A~" "f
Deputy 0
REQUESTING PARTY:
Name Jerome E. Zary
Address: 1257 MI Holly Pike
Carlisle, PA 17013
Attorney for:
Telephone: 717-243-1382
Supreme Court ID No,
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL $
Advance Costs:
Sheriffs Costs:
150.00
65.36
$ 84.64
18.00
21.42
.50
1.00
3.70
20.00
Refunded to Atty on 04/07/05
.74
65.36
So ~Vf/!Y'" "
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R. Thomas Kline, Sheriff
(l ~/V liA fJAuJ (LV
i3yi\-~A.1ite'wbaker
Sworn and Subscribed to before me
This E:L. day of ~
2005 A.D. t. I. ~~ ~-c -~'
Prothonotary
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WRIT OF EXECUTION andfor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-283 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Highlands' Tire & Service Center Plaintiff (s)
From Deborah Nickey
6 Golden Rod Rd., Carlisle, Cnmberland Connty, Pennsylvania
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal
property that is owned by defendant Deborah Nickey
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that hefshe has been added as a
garnishee and is enjoined as above stated.
Amount Due$I,070.78
L.L. $.50
Interest from date of Judgment through March 30, 2005 $62.25
Plus Interest accruing at $0.17 per day from March 30, 2005
Atty's Comm %
Ally Paid $17.50
Plaintiff Paid $98.66
Due Prothy $1.00
Other Costs
Date: April 1, 2005
CURTIS R. LONG
(Seal)
Prothonotary
By: '1;;/MbL~' ~//C' W
Deputy
REQUESTING PARTY:
Name David R. Galloway, Esq.
Address: 10 E. High St
Carlisle, P A 17013
Attorney for: Plaintiff
Telephone: 717-243-3341
Supreme Court ID No. 87326