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Home My WebLink About02-0171CUMBERLAND COUNTY ADULT PROBATION VS. Carl Alan Cheskey 41 Sample Bridge R Mechanicsburg, PA 17050 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. Oa -'l'"][ CIVIL TERM Defendant RE: NO. 01-1368 CRIMINAL TERM PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of plaintiff, Cumberland County Adult Probation, and against Defendant in the amotmt of $1141.00 pursuant to 42 Pa. C.S.A. Section 9728 as set forth in the attached statement of certified case costs and fines. Dennis E. Lebo, Clerk of Court Date: January 14, 2002 ENTRY OF JUDGMENT AND NOW, this /~ day of_ ~ £n.~t , ~, judgment is entered in favor of the Plaintiff and against the Defend~nt in the~amot(nt set forth above. Curtis R. Long, Prothonotary Attachment cc: Defendant Probation Clerk of Court 082125122701 ******************** Paqe 27 CCS746 *STATEMENT OF COSTS* 12727/2001 *******~************ Case No. 2001-01368 To: Dennis E. Lebo Cu_mberland County - 1 ~ourthouse S~uare Carlisle, Pa I7013 Clerk of Courts CHESKEY CARL ALAN 41 SAMPLE BRIDGE R MECHANICSBURG, PA 17050 Date Transaction Debit Credit Balance 10/17/01 COURT COSTS 24.01 24.01 Totals 24.01 24.01 10/17/01 SHERIFFS COST 1.50 1.50 Totals 1.50 1.50 10/17/01 OFF F.E. ACT158 5.00 5.00 Totals 5.00 5.00 10/17/01 CCC ACT 139 25.00 25.00 Totals 25.00 25.00 10/17/01 CVC ACT 139 15.00 15.00 Totals 15.00 15.00 10/17/01 STATE COST A 8.61 8.61 Totals 8.61 8.61 10/17/01 STATE COST B 7.38 7.38 Totals 7.38 7.38 10/17/01 JCP FEE 1.50 1.50 Totals 1.50 1.50 10/17/01 DISTRICT ATTY 15.00 15.00 Totals 15.00 15.00 10/17/01 PLEA 125.00 125.00 Totals 125.00 125.00 10/17/01 DUI BOOKING FEE 200.00 200.00 Totals 200.00 200.00 10/17/01 CO-DUI SCHOOL 200.00 200.00 082125122701 ******************** Paae 28 C~S746 *STATEMENT OF COSTS* 12727/2001 Case No. 2001-01368 To: Dennis E. Lebo Cumberland County - Clerk 1 Courthouse S~uare Carlisle, Pa I7013 of Courts CHESKEY CARL ALAN 41 SAMPLE BRIDGE R MECHANICSBURG, PA 17050 10/24/01 PYMT/MONEY ODR 200.00 .00 Totals 200.00 200.00 .00 10/17/01 ST - O.S.F. 75.00 75.00 Totals 75.00 75.00 10/17/01 CO - O.S.F. 75.00 75.00 Totals 75.00 75.00 10/17/01 COURT COSTS 8.00 8.00 Totals 8.00 8.00 10/17/01 AUTOMATION FEE 5.00 5.00 Totals 5.00 5.00 12/12/01 LOCAL-DUI 150.00 150.00 Totals 150.00 150.00 12/12/01 DUI PRISON MNT 75.00 75.00 Totals 75.00 75.00 12/12/01 DUI DRUG/ACHOL. 75.00 75.00 Totals 75.00 75.00 12/12/01 EMS 10.00 10.00 Totals 10.00 10.00 12/12/01 CAT FUND 200.00 200.00 Totals 200.00 200.00 12/12/01 ADMIN. FEE 40.00 40.00 Totals 40.00 40.00 Case Totals 1341.00 200.00 1141.00 082125122701 CCS746 Case No. 2001-01368 *STATEMENT OF COSTS* Paqe 29 12727/2001 To: Dennis E. Lebo Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, Pa I7013 CHESKEY CARL ALAN 41 SAMPLE BRIDGE R MECHANICSBURG, PA 17050 You are liable for the above costs Pursuant to Title 42 of Judiciary and Judicial procedure, 42 PA CSA 9728, the Prothonotary is authorized to confess Judqment on all unpaid costs and issue an execution and place same in the 5ands of the Sheriff for the collection. We trust you will give the above account your prompt attention. A TRUE COPY FROM RECORD In Testimony whereof, I here unto set my ha~d and the seal of said~court at C~q~sle, PA, / ~ ~ ~ Clerk of the Cou, t ~ Cumbedand Coun~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1999, SERIES 1999-2, CIVIL DIVISION Plaintiff, NO.: 03-171 Civil Term vs. BRUCE G. TOOLE, ISSUE NUMBER: Defendant. TYPE OF PLEADING Praecipe for Writ of Execution (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, N.A., et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAEClPE FOR WRIT OF EXECUTION Caption: LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, VS. Bruce G. Toole ( ) Confessed Judgment ~xX~ Other File No. 03-171-Civil Term Amount Due $73,197.89 Interest 4,413.00 Atty's Comm Costs 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 Cumberland for debt, inter_est aqd costs, upo..n the~follpwi~ng dpsq.ri~e~d~@~roperty of the defendant(s) 116 ~ourth Avenue, mew ~umoer£an~, ~'AJ-/U/U County, PRAEClPE 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 pendens against real estate of the Date defendant(s) described in the attached exhibit. 07/01/03 Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: Kri~tine M. Anthou One Gateway Center, Nine West Pittsburgh, PA 15222 Plaintiff (412) 281-7650 77991 (over) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE UNDER THE APPLICABLE CUSTODIAL OR TRUST AGREEMENT, CIVIL DIVISION Plaintiff, NO.: 03-602 Civil Term VS. BRUCE G. TOOLE, Defendant. LON~ FORM DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J, Walker, Prof. Eng., dated August 17, 1966, as follows, to wit: BEGINNING at a point on the Southeasterly side of Fourth Alley, said point being 23 feet Southwest of the Southeasterly side of Walnut Alley; thence extending along premises known as 114 Fourth Alley and passing through the center of a partition wall South 51 degrees East 50 feet to a point; thence South 39 degrees West 51 feet to a point; thence North 51 degrees, West 50 feet to a point on the Southeasterly side of Fourth Alley aforesaid; thence along the same North 39 degrees East 51 feet to the point and place of BEGINNING. BEING known and numbered as 116 Fourth Avenue, New Cumberland, Pennsylvania. BEING the same premises which Warren L. Weaver and Karlene A. Weaver, his wife, by deed dated April 15, 1983 and recorded on April 18, 1983 in the Office of the Recorder of Deeds for Cumberland County in Deed Book Volume D30, Page 302, granted and conveyed unto Bruce G. Toole, single man. By: GR.~NEN & BIRSIC, P.C.~ Kri~ine M. ~tho~, Esquire Attorneys for Plaintiff One Gateway Center, Wine West Pittsburgh, PA 15222 (412) 281-7650 DBV Page Tax Map No. Parcel No. D30 302 25-24-0813 038 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BAi~K, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1999, SERIES 1999-2, CIVIL DIVISION Plaintiff, NO.: 03-171 Civil Term vs. BRUCE G. TOOLE, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Bruce G. Toole located at 116 Fourth Avenue, New Cumberland, Pennsylvania 17070, and is more fully described as follows: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF BRUCE G. TOOLE, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AS 116 FOURTH AVENUE, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED BOOK VOLUME D30, BAGE 302. TAX MAP NUMBER 25-24-0813. PARCEL NUMBER 038. The name and address of the owner or reputed owner: Bruce G. Toole 116 Fourth Avenue New Cumberland, PA 17070 2. The name and address of the defendant in the judgment: Bruce G. Toole 116 Fourth Avenue New Cumberland, PA 17070 The name and last known address of every jud~ent creditor whose judgment is a record lien on the real property to be sold: LaSalle Bank, et al. Plaintiff Commonwealth of PA Department of Welfare P, O. Box 2675 Harrisburg, PA 17105 4. The name and address of the last record holder of every mortgage of record: LaSalle Bank, et al. Plaintiff First Union National Bank One Meridian Boulevard Wyomissing, PA 19610 5. The name and address of every other person who has any record lien on the property: PA Department of Revenue Domestic Relations Office Tax Assessment Office Bureau of Individual Taxes Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 P. O. Box 320 Carlisle, PA 17013 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant (s) or Current Occupant (s) 116 Fourth Avenue New Cumberland, PA 17070 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: ;/~/~:J' BY: Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this--~,~ay of~ ,2003. Notarial Seal Joanne M..W,.ehner, Notmy Public City of Pittsburgh, Alleghelly County My Commission Exp res June ';9, 2005 Member, Pennsylvania Association ot Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING ARD SERVICING AGREEMENT DATED JUNE 1, 1999, SERIES 1999-2, Plaintiff, CIVIL DIVISION NO.: 03-171 Civil Term vs. BRUCE G. TOOLE, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: BRUCE G. TOOLE 116 Fourth Avenue New Cumberland, PA 17070 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17103 on December 10, 2003, at 10:00 A.M., the following described real estate, of which Bruce G. Toole is the owner or reputed owner: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF BRUCE G. TOOLE, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AS 116 FOURTH AVENUE, NEW CUMBERLAND, PENNSYLVANIA 17070. DEED BOOK VOLUME D30, PAGE 302. TAX HAP NUMBER 25-24-0813. PARCEL NUMBER 038. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK, N.A,, F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1999, SERIES 1999-2, Plaintiff, BRUCE G. TOOLE, Defendant. at Execution Number 03-171 Civil Term in the amount of $77,610.89. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the time a~d place of sale. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. 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 NOTICE AND THE WRIT OF EXECUTION TO YOURLAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE, Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PENNSYLVANIA 17013 (717)249-3166 (800)990~9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortqaqe Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. By: GRENEN & BIRSIC, P.C. Krist~ne M. Anthou, Esquire Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03471 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK, N.A., F/FdA LASALLE NATIONAL BANK~ AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 1999, SERIES 1999-2, Plaintiff (s) From BRUCE G. TOOLE (1) You are c~rected 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) 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 fftrected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $73,197.89 Interest $4,413.00 Atty's Comm % Arty Paid $121.73 Phfmtiff Paid Date: JULY 9, 2003 (Seal) Deputy L.L. $.50 Due Prothy $1.00 Other Costs CURTIS 1L LONG REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE Address: ONE GATEWAY CENTER, NINE WEST PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991