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Home My WebLink About10-7919r WYNDHAM PLACE HOMEOWNERS' IN THE COURT OF COMMON PLEAS OF ASSOCIATION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: I~~~q ~~ C.IJ~` ~~ RODGER L. ALFANO, JR. and ~ ~ RACHEL A. ALFANO, ~,- ,,,, -~ Defendants ` z,~ CIVIL ACTION -LAW~~ ~ `vm ~ T ° o ~ `_ 0 -+ ~ -.i PRAECIPE~~ ~--~ ~~ ~~ c D~ To the Prothonotary: ~ ~ ~, Please enter judgment in favor of Plaintiff, Wyndham Place Homeowners' Association, and against Defendants, Rodger L. Alfano, Jr. and Rachel A. Alfano, on District Justice judgment MJ-09304-CV-0000572-2010, in the amount of $1,639.00 plu s costs and interest from November 18, 2010. certify that no appeal was filed from the judgment. Respectfully Requested, Wix, Weryger & Weidner Date: December ~_, 2010 ,~"5t eri 7. ra , I.D. #52653 508 orth con Street P.O. Box 8 5 ~/ Harrisburg, PA 17108-0845 (717) 234-4182 }~a1'a~`i~~ ~ ~~.a~q~q~y ~ ~~:~~ ,Np~ic~- -~ COMMONINEALTH~OF PENNSYLVANIA NOtICe Of Judgment/TranSCrlpt CIVIC COUNTY OF CUMBERLAND ~~ Case ~~ Mag fist: No MD.J-o9-3-04 Wyndham .Place. Homeowners' Assoc ~• MDJ:Name: Honorable Thomas A Placey ~ address ~5~,~,~E ~ Truidfie~R,~a{~ K. ~, ~ rE. ~ .Rodger L: AI#ano'Jr.:,Rach81 A. Alfano e ,. fvlecharncsburg, Pp;' 1705x`, ' ~,~.CC~~' ~'`,.1`~~~~ -~ ~ ~' i Telephone: 71.7-761-8230 a 'Wyndham Place Homeowners' Asspc. bocket No: MJ-09304-CV-0000572-2040 P. O. Box 118 Case Filed: 9/8/2010 Enola, PA 17025 Disposition Summary Docket No Plaintiff Defendant MJ-09304-CV-0000572-2010 Wyndham Place Homeowners' Rodger L. Alfano Jr Assoc. MJ-09304-CV-0000572-2010 Wyndham Place Homeowners' Rachel A. Alfano Assoc. Judgment Summary Joint/Several Liability Individual Liability Participant Rodger L. Alfano Jr. $1,639.00 $0.00 Wyndham Place-Homeowners' Assoc. $0.00 $0.00 Rachel A. Alfano $1,639.00 $0.00 Disposition Disposition Date Default Judgment for Plaintiff 11/18/2010 Default Judgment for Plaintiff 11/18/2010 Amount $1,639.00 $o.oo $1,639.00 Judgment Detail ~*PostJudgment) In the matter. of Wyndham Place Homeowners' Assoc. disposition is Default Judgment for Plaintiff and judgmenl Judgment Component Joint/Several Liability Civil Judgment $1,464.50 Costs $90.00 Filing Fees $84.50 vs. Rodger L. Alfano Jr.; Rachel A. Alfano on 11/18/2010 the was awarded as follows: Individual Liability Deposit Applied Amount $0.00 $1,464.50 $0.00 $90.00 $0:00 $84.50 Grand Total: $1,639.00 MDJS 315 Page 1 of 2 Printed: 11/19/2010 7:19:05AM Wyndham Place Homeowners' Assoc. Docket No.: MJ-09304-CV-0000572-201D v. Rodger L. Alfano Jr., Rachel A. Alfano '' ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING'A NOTICE OF APPEAL WITH THE a ' ~ PROTHONOTARY/CLERK OF COURT OF COMMON PL(=AS, CIVIL DIVISION. YOU "MUST iNCLUDE`A COPY OF THI$ NOTICE,.C+F ' H1LlpfaMiF~1TFfRkNt5~1~1~7~FL3k~.WfT1t:Y0URNOTIC£°OFAPPEAL. ~ ~ ,, ~ ~" EXCEPT A~ O'fHi=~2WtSE PROViDEtS'I-+f THE RULES OF CIVIL PROCEDURE FOR MAGISTIrRrAC b45TRICT JUDGI=~;.iJ=`'(HE JUDGMENY>, ~ HOLDER• EL~GT'S TQ E=NTER 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 JUDGM!?NT.MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE F THE JUDGMENT DEBTOR PAYS 1N FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ ~~~'° ~~ '~ ~, e q ~~. ~~~ _~ y _ ~ `+ ~;-~~ - ~ .. _~ ~~Date _ _ Mag~ enal Distract Judge Thomas A Placey „~ ' 1~ __., r I certrfy that this is a true and correct copy of the record of the proceedings containi ~: ~ . ' /g ~ ~~~ _ .. .r Date Magisterial District a ge Thomas A. Rla'i~ey ~ ' ~~ ~, : ~; . ~ ~• ~., ~ ~ ~ z ~ `.~ 'i~ s' .. .~i `6i;, '' ~: ~ ~ a r d l,.' ~ p, - ~ ~ { .,~ w ~~ g ~. S . ~ - ~~~' - P,~ rk } ~' ~, '~ '. `~~'r l ~ ter' A~ ~, +y. - _ MDJS 315 Page 2 of 2 Pririted: 11/19/2010 7:19:05AM WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-7919 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WYNDHAM PLACE HOMEOWNERS ASS'N Plaintiff (s) From RODGER A. ALFANO JR. and RACHEL A. ALFANO, 4184 Kittatinny Drive, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF DEFENDANTS. (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) 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$1,639.00 L.L. $.50 Interest from November 18, 2010 Atty's Comm % Due Prothy $2.00 Atty Paid $53.75 Other Costs Plaintiff Paid Date: March 3, 2011 David D.?uell, Protho (Sea]) By: 1 Deputy REQUESTING PARTY: Name JEFFREY C. CLARK, ESQUIRE Address: a08 NORTH 2ND STREET, P.O. BOX 845 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-234-4182 Supreme Court ID No. 89277 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ,n CZ) PRAECIPE FOR WRIT OF EXECUTION Wyndham Place Homeowners Ass'n Plaintiff vs. r;ico := E] Confessed Judgment = In r ® Other p File No. IC --7919 Amount Due G3? • CGS Interest ?'?r.ti, Novewla-r IS ?,IC C? ?t Atty's Comm WA Costs to 6e c.Jc)ej Defendant Address: PG ?GVt t c S Dc. ?C) FA I-7C>.S C) TO THE PROTHONOTARY OF THE SAID COURT: 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 C 1 b ev- l ar d County, for debt, interest and costs, upon (the following described property of the defendant (s) dP?,Pc?UG.?fs A-1 '7li'Scic?t.l pr':' P ee-4,1 0-/l 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). ? (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date 111q11) Signature: O SN00 'kekl? a -7. as CBF Print Name: Address: pendens against real estate of the JAI L ` ¢y C. c/._4" Fr t W tic CDC - rt c? 508 ni . 9 4d St. , Po. -'% - gg P4 t'71C)oc?' Attorney for: Pie, --,-e Telephone: (7 P7) ??q -1-1 / 0 Supreme Court IDNo: 89,p7-/ 4 a mI tAe, 8 • SO L-L CL-6 S%87 ??aS5`1 ? g * * * * * * * * * * * * * * PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary of Cumberland County, Pennsylvania: Issue Writ of Execution in the above matter on the following described real property: The Real Property owned by EL Hotel Group, LLC and generally known as 1460 Harrisburg Pike, Carlisle, Pennsylvania 17015 as is more particularly described on Exhibit A attached hereto and incorporated by reference herein. AMOUNT DUE AS OF FEBRUARY 11, 2011: Principal $1,217,392.90 Interest $ 20,464.04 Late Charges $ 1,140.34 Per Diem $224.88 Total $1,238,997.2 Dated: February, 28, 2011 L?? () /lJ 0.,f, Michael D. Nord, Esquire Pennsylvania Bar No. 52486 Gebhardt & Smith LLP One South Street, Suite 2200 Baltimore, Maryland 21202-3281 (410) 385-5072 Counsel for Susquehanna Bank 2 Ge. I .n* iny comps, cwt SCHEDULE C Legal Description ALL THAT CKRTA tract or parcel of land situate in Middlesex Tovenship, Cumberland Cour.V * Commonwealth of Pcnnsy1vw1 a, being more pardicularly bounded and described as follovis, to Nit: BEGIN G at n pout on the southern dedieated'right-of-way Line of U.S. Route 11 (LR 34) at the:;nterse don with lands now or formerly of Eagle Develorpment Corporation; thence by same South 05 degrees 56 minutes 30 second- East, 207.17 feet.to a paint; thence by sam South 79 degrees 42 minutes 30 seconds East. 219.00 feet to a point; thence along lands of Do-Ma Corporation South 05 degrees 56 auirrges 30 seconds East, 417.83 feet to a point; thence along the dividing line between Legg No. 1 and Lot No. 2 on the hereinafter merttioncd Subdivision Plan North 72 degrees 48 minutes 52 seconds West, 560.10 feet to a point; thence along same the following courses a,rd dista*ices: 1) by a curve to the left with a radius of 90 feet a distance of 15.71 feet to a point; 2) North 66 degrees 41 minutes 12 seconds East? 94.92 feet to a point; 3) by a curve to the loft with a radius of. 100.00 feet -a dis`=ce of 126.31 feet to a point; 4) North 05 degrees 41 minutes 01 second Wes % 278.29 feet to a, point on the southerly dedicated right-of-way line of'T419; thE=icc ky said right of way line by a curve to the left vc. f a mdlius of 820 feet a .distance; of 9 .75 feet to a poke; thence along same North 10 deg"ces € r minutes 29 seconds East, 8AD fist to a point; thence along same by a curve to the right with a radius of 10.00 feet, a dimiance of 15.71 feet to a point; thence along the southc* dedicated right-of-way line of U.S. Route 11 South 79 degrees 42 minutes 31-s= nds Fast, 50.61 feet to a point, the Placc of BEGINNING. CGNTALNING 3.8742 acres. DEFiG described itz,Lot No. 2 on the Subdivision Plan of Eagle De?ve!gpu., xit Corporation, pr^pared by Robert G. Hartman, Jr. R.S. dated 1~ebruar 15, 1955 and recorded in Cumberland County Plan Book 47, Page 106. BEING THE SAME premises which Glendale Lodging L.P. V, a Peirmsayhrania 11nited Partnership, by its &etl dated the day of August, 2008 and to be recoded simultaneously herewith, granted and conveyed unto EL Hotel Groap, LL C, a Pennsyhmnia Limited Liability Company, MORTGAGOR herein. EXHIBIT A COMIbiONW; E.ALT-1.1 OF PEE-NNSNZVAN A } SS: COUNTY OF I? On this 1 clay of August, 2QEf8, before nu„ a Notary Public, persar?,:Il apo-ared Navritial B. zaver, who ecknowledgod himself to W, the Operating Manager of EL Hotel Group, LLC, a Limited Liability Company, and in that capacity, being authorized to do sc,,doted the foregoing 3nstr=ejxt for the.purpo= therein contained by signing the na m' ei 1he Limited Liability Company by Sinsedf as Operating Manager. IN WIT;v. 5 WHEREOF, I have bero unto set my hand and Motu' 1 ?--W. -X 02 NofaryPublic I HEREB Y CER IP'Y that the address of the Mortgagee is: S---=w arms Bank-PA P.O.Bc~x 639 Ivrm,. nsville, MD ? 17y, Vinod Kanabar, Senior Vice Proside:ra x= _ 44 .11t Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ???a?+? at 4rtutfirr????b 2: t t? .. "k 7 ,1t ET"tlS 1 L'4A4 A ? 1 Wyndham Place Homeowners Association vs. Rodger L. Alfano, Jr. (et al.) Case Number 2010-7919 SHERIFF'S RETURN OF SERVICE 03/30/2011 08:22 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2011 at 2022 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Rachel A. Alfano, by making known unto Rachel A. Alfano, at 4184 Kittatinny Drive, Mechanicsburg Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 03-31-11. 03/30/2011 08:22 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2011 at 2022 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Rodger L. Alfano, Jr., by making known unto Rodger L. Alfano, Jr., at 4184 Kittatinny 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. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 03-31-11. 05/02/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $115.48 (PAID BY DEFENDANT) May 02, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 13 Sharon R. Lantz ,6;d. c Goomysuite shenff. Teicanson. ij=c. s??? DISTRIBUTION PLAINTIFF Wyndham Place Homeowners Association WRIT NO. 2010-7919 Wyndham Place Homeowners Association -vs- Rodger A. Alfano Jr. and Rachel A. Alfano Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 1,639.00 35.64 53.75 $ 1,728.39 Sheriff's Costs: Docketing $ 18.00 Poundage 32.78 Law Library .50 Prothonotary 2.00 Service Mileage 10.00 Postage 2.20 Advertising Postpone Sale Bad Check Charge Surcharge 30.00 Garnishee Levy 20.00 TOTAL $ 115.48 Defendant Paid to Sheriff $ 1,843.87 Advance Costs 250.00 Total Collected $ 2,093.87 DISTRIBUTION Pd. To Pltff. $ 1,728.39 Refund of Adv. Costs 250.00 Sheriff's Costs 115.48 So Answers: o R. Anderson hen WIX, WENGER & WEIDNER Stephen J. Dzuranin, I.D. # 52653 sdzuranin(cD-wwwpalaw.com 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 R • iF l ? ?f ? ? i???l1 t i ? - 2 5 L_ ND COUNI PEfINS YLVANI A WYNDHAM PLACE HOMEOWNERS' ASSOCIATION, Plaintiff V. RODGER L. ALFANO, JR. and RACHEL A. ALFANO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-7919 Civil Term CIVIL ACTION - LAW To the Prothonotary: DC n criDc Please mark the judgment in this case settled, satisfied and discontinued Respectfully Submitted, Wix, 41 er 8y VV'@Iner Date: April 20, 2012 (-;'te tdn J Dzu in, I-.D. #52653 i 50 North Se d Street P.O. Box 845 / Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff