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HomeMy WebLinkAbout01-7170COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist, No.: 09 -3 -04 DJ Name: Hon. THOMAS A. PLACEY ~dress: 104 S. SPORTING HILL RD. MECHANICSBURG, PA Tel.pho..:(717) 761-8230 17050 OVERHEAD DOOR CO. OF HBG.-YORK 576 GRANDVIEW DRIVE LEWISBERRY, PA 17339 '., N()TICE OF JUDGMENT/TRANSCRIPT ? ' LAINTIFF: CIVIL CASE NAME and ADDRESS i-OVERHEAD DOOR CO. OF HBG.-YORK: 576 GRANDVIEW DRIVE LEWISBERRY, PA 17339 VS. DEFENDANT: NAME and ADDRESS FCUOMO, JIM 112 MILLERS GAP RD. ENOLA, PA 17025 lDocket No.: CV-0000466-01 Date Filed: 9/18/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~'1 Judgment was entered for: (Name) ~-1 Judgment was entered against: (Name) in the amount of $ ~9. q _ RO on: ~1 Defendants are jointly and severally liable. r~ Damages will be assessed on: --']This case dismissed without prejudice. ~--1 Amount of Judgment Subject to Attachment/Act 5 of 1996 $. ~1 Levy is stayed for days or r-] generally stayed. ~-] Objection to levy has been filed and hearing will be held: Date: Place: Time: DEFAULT GUDO. t~T PLTF ~13'OMi3.. ,]'TM (Date of Judgment) (Date & Time) Amount of Judgment $ 466 o O0 Judgment Costs $ 63 o 50 Interest on Judgment $ o 00 Attorney Fees $ .00 Total $ 529.50 Post Judgment Credits $ Post Judgment Costs $ C~rtlfi~d gud_c,,T,~nt Tolal--~$ OCT 2 9 2001 OVERHEAD DOOR CO H.~.RR]~RG YQRK . 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 MUS;~I/~CL~/I~/A COPY OF ~~, E OF JUD/~~~I~ ~ORM WITH YOUR NOTICE OF APPEAL. /4~/'~)/Date ,~/~¢~,¢~ ~"/. k._/~ , District Justice /I certify th~his isa tru~he p o~ceedings containing the judgment. fM~y~~fsi~ 61:i:s,, _first Monday~ ~:ifflrict Justice AOPC 315-99 Pennsylvania State Bank VS Timothy M. Schenk and Heather L. Schenk In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-7170 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Robert Kodak. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Prothonotary 1.00 Share of Bills 25.20 Mileage 15.18 Levy 15.00 Out of County Postpone Sale Advertising 15.00 Certified Mail 2.80 Poundage 5913.65 Law Journal 249.90 Patriot News 155.35 $6468.08 Sworn and subscribed to before me This o'.~c day of ~ 2002, A.D. ~ ~). ~ c~ Prothonotary R. Thomas Kline, Sheriff Real Estate Deputy PENNSYLVANIA STATE BANK Plaintiff VS. TIMOTHY M. SCH ~;NK and HEATHER L. SCHENK Defendants : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : IN MORTGAGE FORECLOSURE : : NO. 2000-7170 CML ~FIDAVIT PURSUANT TO RULE 3129.1 PENNSYLVANIA STATE BANK, Plaintiff in the above action, sets forth as of the date the issued Writ of Execution was filed, the following information concerning the real property located at 5303 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania, the same being more particularly described in Exhibit "A" attached. Name and Address of Owners or Reputed Owners: Name Timothy M. Schenk Heather L. Schenk Name and Address of Defendants in the judgment: ~Name Timothy M. Scbenk Heather L. Scbenk Address 1210 Musket Lane Mechanicsburg, PA 17055 Address 1210 Musket Lane Mechanicsburg, PA 17055 Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Pennsylvania State Bank 91 Cumberland Parkway Mechanicsburg, PA 17055 Name and Address of the last recorded holder of every mortgage of record: Name Pennsylvania State Bank Address 91 Cumberland Parkway Mechanicsburg, PA 17055 Kenneth E. Schenk 1110 Dry Powder Circle Patricia A. Schenk Mechanicsburg, PA 17055 t Name and Address of every other person who has any record lien on their property: Name PNC Bank Address CCAT Department, 2730 Liberty Avenue Pittsburgh, PA 15222 US Treasury Department IRS Special Procedures Division #162669342 Post Office Box 628 Pittsburgh, PA 15230 US Treasury Department IRS Special Procedures Division #251772158 Post Office Box 628 Pittsburgh, PA 15230 PA Department of Revenue #21566192, #18235309, #21180815 Strawberry Square Harrisburg, PA 17128-1100 PA Department of Revenue Unemployment Compensation Labor & Industry Building Harrisburg, PA 17120 Tax Collector Hampden Township 5000 Creekview Road Mechanicsburg, PA 17055 Tax Assessment Office for Cumberland County Courthouse, One Courthouse Square Carlisle, PA 17013 Frank A. Serio & Sons t/a Bakemark 8441 Dorsey Run Road Jessup, MD 20794-0247 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 PNC Bank Address CCAT Department, 2730 Liberty Avenue Pittsburgh, PA 15222 US Treasury Department IRS Special Procedures Division #162669342 Post Office Box 628 Pittsburgh, PA 15230 US Treasury Department IRS Special Procedures Division #251772158 Post Office Box 628 Pittsburgh, PA 15230 PA Department of Revenue #21566192, #18235309, #21180815 Strawberry Square Harrisburg, PA 17128-1100 PA Department of Revenue Unemployment Compensation Labor & Industry Building Harrisburg, PA 17120 Tax Collector Hampden Township 5000 Creel~iew Road Mechanicsburg, PA 17055 Tax Assessment Office for Cumberland County Courthouse, One Courthouse Square Carlisle, PA 17013 o Frank A. Serio & Sons t/a Bakemark 8441 Dorsey Run Road Jessup, MD 20794-0247 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 PNC Bank US Treasury Department ERS Special Procedures Division #162669342 US Treasury Department IRS Special Procedures Division #251772158 PA Department of Revenue #21566192, #18235309, #21180815 PA Department of Revenue Unemployment Compensation Tax Collector Hampden Township Tax Assessment Office for Cumberland County Frank A. Serio & Sons t/a Bakemark Address CCAT Department, 2730 Liberty Avenue Pittsburgh, PA 15222 Post Office Box 628 Pittsburgh, PA 15230 Post Office Box 628 Pittsburgh, PA 15230 Strawberry Square Harrisburg, PA 17128-1100 Labor & Industry Building Harrisburg, PA 17120 5000 Creekview Road NIechanicsburg, PA 17055 Courthouse, One Courthouse Square Carlisle, PA 17013 8441 Dorsey Run Road Jessup, M3D 20794-0247 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: Robert D. Kodak Knupp, Kodak & Imblum, P.C. 407 North Front Street Post Office Box 1.1848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney I.D. No. 18041 Attorney for Plaintiff PENNSYLVANIA STATE BANK Plaintiff VS. TIMOTHY M. SCHENK and HEATHER L. SCHENK Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : : CML ACTION - LAW : EN MORTGAGE FORECLOSURE : : NO. 2000-7170 CML NOTICE OF SHERIFF'S SALE OF TO: TIMOTHY M. SCHENK and HEATHER L. SCHENK, Defendants herein and owners of the Real Estate hereinafter described: NOTICE IS HEREBY GIVEN that by virtue of the above-captioned Writ of Execution issued under the above-captioned Judgment, directed to the Sheriff of Cumberland County, there will be exposed to public sale by vendue or outcry, to the highest and best bidders, for cash, in the Courthouse, Borough of Carlisle, Cumberland County, Pennsylvania, on Wednesday, June 5, 2002, at 10:00 o'clock a.m., in the forenoon of said day, all your right, title and interest in and to ALL that certain piece or parcel of land situate at 5303 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania, the same more particularly described in Cumberland County Deed Book 110 at Page 48. NOTICE IS HEREBY GIVEN to all claimants and parties in interest that the Sheriffwill, within thirty (30) days thereafter, file a schedule of distribution in his office, where the same will be available for inspection and that distribution will be made in accordance with this schedule unless exceptions are filed thereto within ten (10) days thereafter. Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 by: Robed L. Knupp Robe~ D. Kodak Ga~ J. Imblum NOTICE TO: TIMOTHY M. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. · CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 717/238-7151 Facsimile: 717/238-7158 email: kki.law~verizon.net February 15, 2002 RobeH Ewing Knupp (1909-1976) Robed H. Maurer (1923-1998) HEATHER L. SCHENK 1210 MUSKET LANE MECItANICSBURG, PA 17055 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgements or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within County on the judgment of the Plaintiff named herein, the real estate situate at 5303 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania, will be exposed to public sale on Wednesday, the 5th day of June, 2002, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property fxom being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the Sale for a grossly inadequate price or for other proper cause. This Petition MUST BE FILED BEFORE TIlE SHERIFF'S DEED IS DELIVERED. 3. A Petition or Petitions raising the legal issues or fights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The Petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must be attached to the Petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the Petition to the Court. KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 00-7170 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENNSYLVANIA STATE BANK Plaintiff (s) From TIMOTHY M. SCHENK AND HEATHER L. SCHENK, 1210 MUSKET LANE, MECHANICSBURG, PA 17055 (1) 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 otherMse 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 Due $419,363.10 L.L. Interest FROM 2/1/02 ~ 7.75% P.A. AND COSTS Atty's Comm % Due Prothy Arty Paid $1085.59 Other Costs Plaintiff Paid Date: FEBRUARY 26, 2002 REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: 407 NORTH FRONT STREET P O BOX 11848 HARRISBURG, PA 17108-1848 Attorney for: PLAINTIFF Telephone: 71%238-7151 Supreme Court ID No. 18041 $1.00 CURTIS IL LONG Prothonotary, Civil Division Real Estate Sale On March 12, 2002 the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 5303 East Trindle Rd., Mechanicsburg and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2002 By: d0Okq .~ Real Estate Deputy THE PATRIOT NEWS THESUNDAY 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 Pennsylvania, owner and publisher of The Patriot-New,~ and The Sunday Patriot-News newspapers of general cimulation, 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 . 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. S A L E #43 .'~"-";:;' J Hamsburg, Dauphin County J NOTARY PUBLIC J My Com~ssion En~res June s, ~ J~y commission expires June 6, 2002 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 NotaPj Fee(s) Total $ 153.60 $ 1.75 $ 155.35 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and tri -N , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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 thc 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 tree. ~E' ditor SWORN TO AND SUBSCRIBED before me this 10 .day of MAY, 2002 REAL F~TATE ~tALE NO. 43 Writ No. 2000-7170 Civil pennsylvania State Bank Timothy M. Schenk and Heather L. Schenk Atty.: Robert Kodak LEGAL DESCRIPTION-- 5303 EAST TRINDLE ROAD HAMPDEN TOWNSHIP, CUMBERLAND CouNTY, pENNSYLANIA ALL THAT certain piece or par cel of land situated in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylva- nia, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of Trindle Road, penn- sylvania Route No. 641, at the di* riding line between Lots Nos. 7 and 6 and shown on the hereinafter mentioned plan of Lots; thence along said dividing line between Lots Nos, 7 and 6, North 30 degrees 50 min- utes 50 seconds West, a distance of 274.68 feet to a point at line of lands of the United States of Amer- ica {Mechanicsburg Naval Supply Depot): thence along the line of lands of said United States of Amer- ica, North 62 degrees East, a dis- tance of 200 feet to a point on the same: thence continuing along the line of said lands of the United States of America, South 29 degrees 20 minutes 20 seconds East. a dis- tance of 323.50 feet to a stake on the northern side of Trindle Road aforesaid: thence along the north em side of said 'Prindle Road, South 76 degrees 10 minutes 40 seconds West, a distance of 200 feet to a point on the same at the dividing line between Lots Nos. 7 and 6 on the hereinafter mentioned Plan of Lots, the point and place of BEGIN- NING. BEING LOt No. 7 on a certain plan of Lots made for W'flliam H. Hooke. Jr., et al., by D. P. Raffensperger, Registered Surveyor, on May 22, 1967. and recorded in the Office of the Recorder of Deeds in and for Cumberland County. pennsylvania. in Plan Book 19. at Page 21. HAViNG erected thereon a com- mercial building known /md num- bered as 5301-5303 East Trindle Road. BEING the same premises wkich Kenneth E. Schenk and Patricia A. Schenk, his wife, by their Deed dat- ed August 11, 1994, and recorded in the Recorder's Office aforesaid in Deed Book 100, at Page 48, grant- ed and conveyed unto Timothy M. Schenk and Heather L. Schenk, his wife, the Mortgagors herein.