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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 ~ - 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 t ~ ~ ~ " ':'0 ~ ~ ~ ~ ~ ~ tQ,~ , is C', .-_1 , ;"'-' '--~. . \' ". ..c.-' L'i 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. l.v G "" f':::, = C) ~ ':'- , ~2:~ -., ~ ;-., "- "4 ~ ""1 ..... ~ ;.'\ .......... r" j~;n ~ ., lJ v' OJ ::r::::: '.J I -;:-Jhl '^, :L.C: \ ~ ,~ ~. ~-1~~) ~ () , '. ~i' ,.", " T:' ";<-("~) ';:" .- ~) :-'~ i",'; r 2.: ,:::! ~...~ ~ -< '-' <:.., -..... ~ '''--'' ---, 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~:--" n ~"''!.,,,( ~ 0 r ~.'<":'....fHI':t t\!: ~,>.tI'J ~,.,' In Teslimony whvm;l, I here unto ~et my hi.\n<l anc:sth~~ said cO~Ca,.:tSle, Pa,' . Th f ayof ,~ , Jlj.L4, 101 !:!:Pf_. 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 ~. ~ ~ \J ~ ~ f - ~ '" "" 'l... ~ ~ ~,~ ~ '-.. , tlJ' 7' ":\ ~ 0-;, \ ~ I;) 'L r;:J~ .......~v".~ f ~ 'l. ~ . .~~ .....J B ~~ ~ '" ~' ~ ~ ~ ~~ t-~ ~ o f.s , <-' -I "~c. :1","'-, ~ \f~.b -;.r.:; -_~,;o .:- I-~t! ~.~=. -:";-' -~~ ~'f\ ~ :) \ r:s.. ;:~ ;- .~~.-~ :~ -" 0 :."2 cP 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 $102,850.81 1iof'tl O.Q~ .~~ ~rn 006 D NIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. - . ,...,... ,..."" ~~ r-r- ,..."" << ~~ ,j,J ~~ ~~ ....$ ~~.... ~ ~~ o~ '" ~o ~;;. <S,,~ ~ uU ~~ ~~~~ e rJrJ .a s~ ~~ ;; " ~z ~ ~~ l:Q';l0<r- oS I"'a ~~ '" ~g~e.; ....0 ~; :t ~~ ~~ oOY ~~ ~~~z'" OJ ~ .~ ~~ ~~ e <or-<~~ ,;, "i UZ ,. '" ~S \~~I"'~ ~~ ~~ '0) ~z~~ ~~ UU lir U ",,,, p. '&.~ ~~ " f;lil....';l<1'" ....0 ...... ~ S~ ~~~,,~ a... 1"'6 ~~ ~ u~ o~;o U ~ -.........) ~~ ~~~> S -d .\j ~ ~ ~ r-<~ .~ '!l';l r-<;';'~ ~ p... it U r-<r-<'" -J- - .~ c-l 3 C? ,.( - \ II;.: - J - - " 111 ,;> - ':;' \.,), ii '"' - 0 - \.)- ~ -"" ..,J ~cj :: ~ .::: " = <j ~ c::.:~;:' 0 c.::- :: cj OJ ,.... \ \ 9- ~ (J , (j t- (J In 0 0 ~ ci () (Y) - ~ 0- a ~ \)) <J Cl () J lIi vi - ~ -.9 -.9 c,.;, cr- v, .J - ~ -- rl) cr- 'I.IJ - '\n. t/1- t- ::r cJ 0- '* .'" 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. ,~, ,"':':::..l ,;':~::,} -1.;- o f';"\ C") (--:1 ..;'{"l <2 r,,) ; . 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 ,-> C::.' () 53 .-n T" CJ P'l c'.) I 9 f"" --I i ;'~j fJ-~~ (f.~ "( (~) "T, --'j', r'"'-, :Yl , 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 o .- 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 ~j c:::~) C-' ..:- CJ c"; ('-) o ~l'\ .-, ~~1'. ," ~:? r...., - ----- .. 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 ~ (') C,': \-. ...., C';? <;;::> ~ o -1'1 --1 m:n r -nfTI :-'l'~:r' /)1 ._:~~~T; :::-c) ;-..--)HI -4 ~r:::. .>~ """ -0 = I -J ;~ '" 0> - 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 f f{-/ - p<"J' :reA, ,~ Refunded to Atty on 03/11/05 ~o ~Wfr/# . A4f?' ~f.~"'-'? :Thomas Kline, Sheriff Byrj Ll!lr!IJt ~ \\ 1-..<< c.{C:cr:' I 0. ~- 9- ,] ''fnJ .~;...:..~~::.:; :;.~ -~filJ 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, ~\.('7 ~.f' I.{ctl1 (j) I l"r" j 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'" " iJ"'..-c........ f'f: ?..;t:;.... 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 ,~ {t!t ry;;, ~ LI =L \:j h - 8dV SUUI \ ~! <'" '~, ~:' '1,- :"""'7' ~ 'i,f./. '.----:-- 0~}~ "i/d '.--,1:; ll}: jjiB3HS j !.l ." , "i.:i i 'i) ,:::l v I, ij SO . 4 ~q L.~ Il.rC6 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