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HomeMy WebLinkAbout02-0829COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Disl. NO.: 09-3-04 DJ Name: Hon. Address: 104 So SPORTING HILL RD. MECHANICSBURG, PA (717) 761-8230 17050 CARLISLE PIKE ASSOCIATES 155 SALEM CHUKCH RD HECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS FCARLISLE PIKE ASSOCIATES 155 SALEM ChurCH RD MECHANICSBURG, PA 17055 VS. DEFENDANT: NAME and ADDRESS 155 SALEM CHURCH RD SIX LINKS, LOT #34 ~IECItJ~I'ICSBURG, PA 17050 Docket No.: LT-0000601-01 Date Filed: 12/18/01 Judgment: FOR P~.IN-~T FF ~-] Judgment was entered fur: (Name) ~ISLE PIKE ASSOCIATES ' ' Judgment was entered against SC.F..~J~E~, ]~J~,""DY in a J-~ Landlord/Tenant action in the amount of $ 1,056.50 on 12/31/01 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ ~25,00. The total amount of the Security Deposit is $ 99.00 · .~'[ Total Amount Established ~y.j, ~ J. 0 ~)es_s ~ Security Deposit A.p~l~d == $ Adjudicated9/~o.u~b IRent in Arrears Physical Damages Leasehold Property Damages/Unjust Detention --]Attachment Prohibited/ Victim of Abuse (Act 5, 1996) i I This case dismissed without prejudice. ~[~-~ Possession granted. ~-~ Possession granted if money judgment Possession not granted. $. .00-$ .00 = $ $ _oo-$ _oo = $ Less ATt Due Defendant from Cross Complaint -- $ Interest (if provided by Pease) $ L/T Judgment Amount .$ Judgment Costs $ Attorney Fees $ Total Judgment $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ; not satisfied Dy time of eviction. I--~ Defendants are jointly and severally liable. .00 .00 975.00 81.50 1,056.50 II ] Lo"y~. .;s .."*ay,'d~ for days or ~1 generally stayed. r--~ Objection to Levy has been filed and hearing will be held: I Date: Place: · Time: L IN AN ACTION INVOLVING A RESIDENTIAL LEASE ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARF; ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF J~DGMENT !N WHICH TO FI~.F_.~NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PJ,,r~, CIVIL DIVISIONal) / ] ii'HE PARTY FILING AN APPEAL ~DE A COPY/G~:.~}~ NOT/~OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. ' I~[-:'")~["O ~ Date ~ ~, I,~/~ , District Justice I I ce rtifY that t his is a t.r,u,e~' a~l~'~ ~t ~;¥0,PY ~t the reuu' ¢'eC4he'"pr-r°-~c.~e'dings cOntaining the judgment' I ':~ Date F/I --~ ,District JusticeI / ~ycc~lo~,m_~ission expires first Monday oVar~ar 0~2-'~]-~. SEAL IN THE COURT OF ~ Pr~'AS OF CIX-~F..RLAI~ C(X]N'/'Y, P~k'L~ CIVIL DMSION SunTrust Mortgage, Inc., sucCessor by merger to Crestar Mortgage Corporation Plaintiff V Robert J. O' Donnell and Toni R. O'Donnell File No. 2003-00829 Civil Interest from 5/6/03 to date of Sale Atty's Comm 76,778.31 1,570.80 Costs TO THE PROTHONOTARY OF ~~%OURT: 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. PRAECIPE ~DR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) See Exhibit "A"attached. pRA~CIPE FOR ATT~ EXECUTION Issue writ of attachment to the.Sheriff of County, for' debt, interest and costs, as a~ove, directing attacbYnent against the above-named garnishee(s) for the following property (if real estate, supply slx copies of the description; supply four copies of lengthypersonalty list') and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). real estate (Indicate) Index this writ against the garnishee(s)~s a lis pendens against o ihe DATE: ~ ~ /~ Signature:_ ~ . Print Name: Scott A. Dietterick, Esquire Address:James Smith Dietterick & Connelly LLP P O Box 650 Hershey PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 Supreme Court ID No.: 55650 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, together with the improvements thereon, situate in Lower Mifflin Township, Cumberland County, Pennsylvania, as follows: BEGINNING at a railroad spike at the intersection of the centerlines of Township Road #383 and Township Road ~ 13; THENCE along the centerline of T-383, North 66 degrees 23 minutes 30 seconds West, 367.45 feet to a P.K. nail; THENCE North 32 degrees 28 minutes 23 seconds East, 200.00 feet to a iron pipe; THENCE by Tract II as described in Deed Book T, Volume 27, Page 345, South 66 degrees 23 minutes 30 seconds East, 367.45 feet to a P.K. nail in the centerline ofT-413; THENCE by the centerline of T-412, South 32 degrees 28 minutes 23 seconds West, 200.00 feet to a railroad spike, the Place of BEGINNING. CONTAINING 1.667 acres. BEING Lot No. 6 on Subdivision Plan recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book No. 32, Page 95, made by Eugene A. Hockensmith, Registered Surveyor, dated January 26, 1978. HAVING thereon erected a dwelling house being known and numbered as 299 Pipeline Road, Newville, Pennsylvania 17241. BEING the same premises which Gary C. Gulley and Janet E. Gulley, husband and wife, by Deed dated March 6, 1998 and recorded on March 10, 1998 in and for Cumberland County, in Deed Book Volume 173, Page 358, granted and conveyed unto Robert J. O'Donnell and Toni R. O'Donnell, husband and wife. Tax Map No.: 15-04-0393, Parcel No.: 025D Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-829 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., SUCCESSOR BY MERGER TO CRESTAR MORTGAGE CORPORATION, Plaintiff (s) From ROBERT J. O'DONNELL AND TONI R. O'DONNELL, (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 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 $76,778.31 L.L. Interest FROM 5/6/03 TO DATE OF SALE - $1,570.80 Atty's Corem % Atty Paid $138.42 Plaintiff Paid Date: MAY 14, 2003 $.50 Due Prothy Other Costs $1.00 CURTIS R. LONG (Seal) Prothonotary Deputy REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP P O BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 ofm herein. falsifi¢ DATED: OF COMMON pLEAS OF TIlE CO13RTcoiSN~, PENNSYL~4ANIA CIjlN~BEKL AND CI¥IL DI¥ISION S132qTRU ST MORTGAGE' INC., plaintiff, VS. ROBERT 3. o,DoNNELL and NO.: 7.003-00829 CiVil TONI R. o,DONIqELL, '. DefendantS' ._ ~, ~y1,1~ 312~9.1 . ortgag. e Corporat?n, ~ Writ of ExecuUon . __ c., succeSSOr X~'e the praec~pe~ate6 at 299 p~peline ~ ~m~t Mogga~e, ln_,~ f~h ~ ox ~,~ ~ ~eal 9rope~ tu~ "~, x~ille, ~' or R~uteri O~n~(s): ~oaO, ~ .... ROBERT I. o'DONr[qELL 299 pipeline Road Nex, Cqille, PA 1'/241 4 Sandy BottOm Road %adisle,PA 1'~013 TONI R. o,DONqqELL and Address of Defendant(s) in the 1udgrnent" 299 pipeline Road .. gOBEgT ~ o'Do~ELL S~65 Bo¢om ~oad ' 44 C~lisle, pA 1~013 TO~I g' o'DO~ELL whose ~ud~ent is a recOr~ N~e ~6 ~6~ess of e~ ~ud~ent credito~ 3. to be soId: lien on the rea~ p~ope~ pl~ndff MORTG~ .... 4. Name and Address of the last record holder of every mortgage of record: SUNTRUST MORTGAGE, INC., successor by merger to CRESTAR MORTGAGE CORPORATION Plaintiff CHARTER ONE CREDIT CORP 65-75 Erieview, 4t~ Floor Cleveland, OH 44114 o property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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: NONE 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: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this 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. §4904 relating to unswom falsification to authorities. DATED: JAMES, SMIT~NNELLY LLP BY: A~;~tt e~, E~'ss qFuir et/ Scott Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC., successor by merger to CRESTAR MORTGAGE CORPORATION, VS. Plaintiff, ROBERT J. O'DONNELL and TONI R. O'DONNELL, Defendants. CIVIL DIVISION NO.: 2003-00829 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CML PROCEDURE 3129 Robert J. O'Donnell 299 Pipeline Road Newville, PA 17241 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2003, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 299 Pipeline Road Newville, PA 17241 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2003-00829 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Robert J. O'Donnell and Toni R. O'Donnell A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. 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 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 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 Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland 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 fi:om the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: /] JAMES, SMITH, ?0~~I~ & CONNELLY LLP l~/~x //./ · /S {~ott/~.. Dietterick, Esquire Pa. I.D.//55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract of land. together with the improvements thereon, situate in Lower Mifflin Township, Cumber'tan~ County,, Pennsylvania, as follows: BEGINNING at a railroad spike at the intersection of the centerlines of Township Road #383 and Township Road ~13; THENCE along the centertine ofT-383, North 66 degees 23 minutes 30 seconds West. 367.45 feet to a P.K. nail: THENCE Noah 32 degrees 28 minutes 23 seconds East, 200.00 feet to a iron pipe;THENCE by Tract II as described in Deed Book T, Volume 27, Page 345, South 66 degees 23 minutes 30 seconds East, 367.45 feet to a P.K. nail in the centertine ofT-413; THENCE by the centertine ofT-412, South 32 degees 28 minutes 23 seconds West, 200.00 feet to a railroad spike, the Place of BEGINNING. CONTAINING 1.667 acres. BEING Lot No. 6 on Subdivision Plan recorded in the Office of the Recorder of Deeds for Cumberland County. in Plan Book No. ' ''~ _ .. .~, Pao_e 95, made by Eugene A. Hockensmith, Registered Surveyor, dated January. 26, 1978. HAVING thereon erected a dwellin~ house being known and numbered as 299 Pipeline Road, Newville, Pennsylvania 17541. BEING the same premises which Gar,/C. Gulley and Janet E. Gulley, husband and wife, by Deed dated March 6, 1998 and recorded on March 10, 1998 in and for Cumberland Counry, in Deed Book Volume 173, Page 358, ganted and conveyed unto Robert J. O'Donnell and Toni R. O'DonnetI, husband and wife. Tax Map No.: I5-04-0393, Parcel No.: 025D Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC., successor by merger to CRESTAR MORTGAGE CORPORATION, Plaintiff, VS. ROBERT J. O'DONNELL and TONI R. O'DONNELL, Defendants. CIVIL DIVISION NO.: 2003-00829 Civil NOTICE OF SHERIFF'S SAI~E OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIl, PROCEDURE 3129 Toni R. O'Donnell 44 Sandy Bottom Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2003, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 299 Pipeline Road Newville, PA 17241 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2003-00829 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Robert J. O'Donnell and Toni R. O'Donnell A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. 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 from being taken. A lawyer can advise you more specifically of these rights. I£you wish to exercise your fights, 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 Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE' 1. You may file a petition with the Court of Common Pleas of Cumberland 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 Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland 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. Ifa specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH~ ;_~ONNELLY LLP DATED: ~'/q]/{--~-~ BY: ~S*q~tt ~0~7. Die-tterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract of land. toeether with the improvements thereon, situate in Lower Mifflin Township, Cumber'lan~ Coun .w, Pennsylvania, as follows: BEGEXI-NING at a railroad spike at the intersection of the centertines of Township Road #383 and Township Road ~ 13; THENCE alonz the centerline of T-383, North 66 de,ecs 23 minutes 30 seconds West, 367.45 feet to a~P.K, nail: THENCE North 32 degees 28 minutes 23 seconds East.'200.00 tbet to a iron pipe;'THENCE by Tract II as descr/bed in Deed Book T. Volume 27, Paze ~4., South 66 degees 23 minutes 30 seconds East, 367.45 feet to a P.K. nail in ~he centerline ofT-413; THENCE bv the centertine ofT-412. South 32 deurees 28 minutes 23 seconds West, 200.00 fee~ to a railroad spike, the Place of BEGINNING. ' CONTAINING 1.667 acres. BEING Lot No. 6 on Subdivision Plan recorded in the Office of the Recorder of Deeds for Cumberland Count-v, in Plan Book No. 32. Pa~e 95, made bv Euzene A. Hockensmith. Registered Sur{,evor, dated January '~6 19-78 ' ~ HAVING thereon erected a dwelling house being known and numbered as 299 Pipeline Road, Ne~wille, Pennsylvania 17241. BEFNG the same premises which Ga~, C. Gulley and Janet E. Gullev. husband and wife, bv Deed dated March 6, 1998 and recorded on March 10, 1998 in'and for Cumberland Countv, in Deed Book Volume 173. Paoe ~58 ~anted and conveyed unto Robert J. O'Donnell and Toni R. O'DonneI1, husband and wile. Tax Map No.: 15-04-0393, Parcel No.: 025D Exhibit "A"