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HomeMy WebLinkAbout10-44801o N?fBo C;v lTe m COMMONWEALTH OF PENNSYLVANIA CYOI INTY CAF' CUMBERLAND Mag. Dist. No. 09-3-01 MDJ Name: Hon. HAROLD E. BENDER Address: 35 W ORANGE ST SHIPPENSBURG, PA Telephone: (7 17 ) 532 - 7676 17257-0361 ATTORNEY FOR PLAINTIFF : RICHARD L. WEBBER JR 126 E KING ST WEIGLE & ASSOCIATES PC SHIPPENSBURG, PA 17257-1397 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 7SOUTHA14PTON TOWNSHIP 200 AIRPORT ROAD SHIPPENSBURG, PA 17257 L vS. APR 6 2010 J DEFENDANT: NAME and ADDRESS FD-EL CAMPO, CHRISTOPHER G 395 PEIPER RD SHIPPENSBURG, PA 17257 L J Docket No.: CV- 0000039 -10 Date Filed: 2/17/10 ps •,. THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) ® Judgment was entered for: (Name) SOUTHAMPTON TOWNSHIP, Judgment was entered against: ((Name) in the amount of $ G00.0 DEL CAMPO, CHRISTOPHER G F1 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case.dismissed without prejudice. Amount,of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ 3/24/10 Amount of Judgment $ 1,600.00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ U0 Total $ 1, 600.00 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. >? ry~?• r ^« r ..-.c:.. ^?-%vx.:? .a!..r•ti. Date Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2012 SEAL 2010 JUL -7 < it L• U -+ (?1 4JU, ?,. '1"Ta ! AITI 'R;oWrd L. WA6 r 4L c,? t4ts a4gT- 2 wa)jd D? d• _ I SOUTHAMPTON TOWNSHIP, Cumberland County, Pennsylvania V. CHRISTOPHER G. DEL CAMPO :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2010-04480 CIVIL PRAECIPE TO SATISFY To the Prothonotary: r - L Please mark the Judgment entered in the above-captioned matter as satisfied, as the pantie§`have entered into the attached Settlement Stipulation. Dated: fl, SOUTHAMPTON TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA By: Richard L. Webber, Jr., Esquire Solicitor for Southampton Township, Cumberland County, Pennsylvania 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 BANK OF AMERICA, N.A. AS SUCCESSOR BY Court of Common Pleas MERGER TO BAC HOME LOANS SERVICING, , LP Civil Division Plaintiff , CUMBERLAND County V. No.: 10-6352-CIVIL. TERM CHRISTOPHER G. DEL.CAMPO Defendant BOARD OF SUPERVISORS FOR MAGISTERIAL DISTRICT SOUTHAMPTON TWP., CUMBERLAND JUSTICE NUMBER 09-3-01 COUNTY, PENNSYLVANIA Plaintiff DOCKET NO. CV-0000039-10 V. CUMBERLAND County CHRISTOPHER G. DELCAMPO Defendant SET T STIPULATION Board of Supervisors for Southampton Twp., Cumberland County, Pennsylvania (hereinafter "Southampton Township'), by and through their attorney, Richard Webber and Bank of America, N.A. successor by merger to BAC Home Loans Servicing, L.P. (hereainfter "Bank of America'j, by and through its attorney, Lauren R. Tabas, Esquire, hereby stipulate as follows: WHEREAS Bank of America is the holder of the mortgage executed by Christopher G. Delcampo a/k/a Christopher G. Del Campo on April 14, 2000 upon the property at 395 Peiper Road, Shippensburg, PA 17257-9425 (hereinafter "Property") in favor of America's Wholesale Lender, which mortgage was recorded in the Office of the Recorder of Cumberland County, on April 19, 2000 in Mortgage Book No. 1607, Page 14. An assignment of mortgage was recorded in the Cumberland County Recorder of Deeds on January 18, 2012 as Instrument Number 201201696 WHEREAS on March 24, 2010, the Honorable Harold E. Bender entered a default judgment in favor of Southampton Township and against Defendant Christopher G. Del Campo in the base amount Page 1 of 4 of $1,600.00 and an additional $500.00 per day due to ongoing violations at the Property in Magisterial District Court 09-3-01, Docket No. CV-39-10 (hereinafter referred to collectively as "ongoing violations"). WHEREAS on October 6, 2010, Bank of America, N.A. filed a Complaint in Mortgage Foreclosure against Christopher G. Deleampo a/k/a Christopher G. Del Campo for failure to tender the required monthly mortgage payments due July 1, 2009 and each month thereafter in the Cumberland County Court of Common Pleas under Docket No. 10-6352-CIVIL TERM (hereinafter "foreclosure action'). WHEREAS the parties hereby stipulate: 1. In exchange for tender of $7,500.00 (Seven Thousand Five Hundred Dollars) Southampton Township agrees to release Bank of America, its successors and assigns from liability and responsibility, financially, personally, or otherwise, for the fines accruing against mortgagor Christopher G. Delcampo a/k/a Christopher G. Del Campo, and the Property, for violations of various ordinances relating to the condition of the Property until Bank of America, physically gains possession o the property. - - ------- 2. Bank of America shall tender funds as stated in paragraph (1) to Southampton Township within ten (10) days of the complete execution of the Stipulation. 3. Any and all liens placed on the Property by Southampton Township as related to the ongoing violations will be considered junior to the mortgage lien of Bank of America, its successors or assigns. 4. If Bank of America, its successors or assigns, postpones or otherwise cancels a scheduled Sheriff s Sale of the Property in the currently pending foreclosure action, or subsequent foreclosure action, for any reason, there will be no penalty, financial or otherwise, assessed against Bank of America, its successors or assigns. Page 2 of 4 5. If the Property is sold to Bank of America, its successors or assigns, or a purchaser for value at Sheriff s Sale, any and all liens placed on the property by Southampton Township related to the judgment will be divested by the sale as a junior lien. 6. Should the Property sell at Sheriffs Sale to Bank of America, its successors or assigns, within sixty (60) days of the completion of an ejectment action and confirmation that the property is vacant, Bank of America, its successors or assigns, shall cause the Property to be brought into compliance with all Township Ordinances. 7. This stipulation shall not act to preclude Southampton Township from bringing a personal action against Christopher G. Delcampo a/k/a Christopher G. Del Campo or any of his heirs, successors or assigns. 8. The attorneys executing this Stipulation have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Stipulation. 9. This stipulation may be executed in counterparts. , 10. A facsimile version of a signature-on this document shall be tfcated for all-purposes as the equivalent of the original signature. 11. Upon execution of the parties, Counsel for each shall be responsible for having the within stipulation docketed and entered of record in its respective action. 12. Counsel for Bank of America, its successors or assigns, shall provide a copy of the stipulation to the Sheriff of Cumberland County in the event the property is listed for Sheriffs Sale so that the costs of sale, as applicable, can be adjusted in accordance with the stipulation and any . proposed schedule of distribution shall be made in accordance with this stipulation. Page 3 of 4 Date: ?JZ, Date: f Richard L. Webber, Jr., Esquire-?- Board of Supervisors for Southampton Township, Cumberland County, Pennsylvania 126 East King Street Shippensburg, PA 17257 Page 4 of 4 Phclan Hallman & Schmieg, UP One Penn Center at Suburban Station 1617 J.F.K. Blvd - Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000