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HomeMy WebLinkAbout02-1457MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Custodian or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 Vo Eddie Williams 20 Jane Lane Carlisle, PA 17013 and Barbara A. Williams 20 Jane Lane Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAgE FORECLOSURE NOTICE AViSO You have been sued in court. If you wish to defend against the cLaims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice fop any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. Le han demandado a usted en la copte. Si usted quiere defenderse de estas defl~ndas ex-puestas en [as paginas siguientes, usted tiene veJnte (20) dias de plazo al partJr de la fecha de la demsnda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forms escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomsra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, La corte puede decidir a favor de[ demandante y requiere que usted cump[a con tedas [as provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros depechos importantes papa usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER 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 HELP. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumber[and County Bar Association 2 Liberty Avenue Car[is[e, PA 17013 (717) 249-3166 CL~tber[and County Bar Association 2 Liberty Avenue Car[is[e, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Identification N%umber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bankers Trust Company of California, N.A. as Custodian or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 Vo Eddie williams 20 Jane Lane Carlisle, PA 17013 and Barbara A. Williams 20 Jane Lane Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Bankers Trust Company of California, N.A. as Custodian or Trustee, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Eddie Williams, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 20 Jane Lane, Carlisle, PA 17013. 3. The Defendant is Barbara A. Williams, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 20 Jane Lane, Carlisle, PA 17013. 4. On 5/7/98, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Advanta Finance Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1452, Page 513. 5. The aforesaid mortgage was thereafter assigned by Advanta Finance Corporation to Bankers Trust Company of California, N.A. as Custodian or Trustee, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 20 Jane Lane, Carlisle, PA 17013. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/15/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance Interest 10/15/01 through 3/20/02 (Plus $27.67 per diem thereafter) Attorney's Fee NSF $102,163.08 $ 4,316.52 5,108.15 20.00 Miscellaneous Corporate Advance Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 518.80 $ 38.0o $ 225.00 $ 125.00 $ 200.00 $112,714.55 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $112,714.55, together with interest at the rate of $27.67 per diem and other costs and charges collectible under the and for the foreclosure and sale of the mortgaged mortgage property. Attorney for Plai~iff VERIFICATION The undersigned, Thomas R. Stewart, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within and that she is authorized to make t~ni~~tvi'~ a~d~t~ foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. THOMAS R. STEWART DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 2 on the Plan of Section 9 of Noll Manor as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 24, Page 104; containing 85 feet along Jane Lane, having a depth along the South of 125 feet along Lot No. 3 on said Plan, having a width in the rear along the East of 85 feet and having a depth along the North along Lot No. 1 on said Plan of 125 feet. BEING improved with a brick and frame bi-level dwelling known as 20 Jane Lane, Carlisle. TAX PARCEL #16-1096-75 E ,hi b,'t ',R' OFFICE OF TEE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, Curtis R. Long Prothonotary To: Eddie Williams 20 Jane Lane Carlisle, PA 17013 PA 17013 BANKERS TRUST COMPANy OF : CALIFORNIA, N.A., AS CUSTODIAN : OR TRUSTEE EDDIE WILLIAMS AND : BARB/LqA A. WILLIAMS NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NI/MBER 02-1457 CIVIL TERM Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. XX Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. OFFICE OF THE FROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, Curtis R. Long Prothonotary To: Barbara A. Williams 20 Jane Lane Carlisle, PA 17013 PA 17013 BANKERS TRUST COMPANY OF : CALIFORNIA, N.A., AS CUSTODIAN : OR TRUSTEE EDDIE WILLIAMS AND : BARBARA A. WILLIAMS : NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-1457 CIVIL TERM Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. XX Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call ~errence J. McCabe, Esquire at (215) 790-1010. McCABE, WEISBERGAND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF : CALIFORNIA, N.A., AS CUSTODIAN : OR TRUSTEE : EDDIE WILLIAMS AND : BARBARA A. WILLIAMS : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-1457 CIVIL TERM ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $112,714.55 Interest from 3/21/02-5/6/02 ~ TOTAL $113,987.37 TERRENCE J. cCABE, ESQUIRE AND NOW, this day of ~_~ , 2002, BY THE PROTHONOTARY: Judgment is entered in favor of Plaintiff, Bankers Trust Company of California, N.A., as Custodian or Trustee, and against Defendants. Eddie Williams and Barbara A. Williams, and damages are assessed in the amount of $113,987.37, plus interest and costs. McCABE, WEISBERGAND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification ~m~er 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE EDDIE WILLIAMS AND BARBARA A. WILLIAMS CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-1457 CIVIL TERM AFFIDAVIT OF NON-MILITARY 8~RVICF COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA : The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Eddie Williams and Barbara A. Williams, are over eighteen (18) years of age, and resides at 20 Jane Lane, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED NOTARY PUBLIC Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Identification ~,m~er 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE EDDIE WILLIAMS AND BARBARA A. WILLIAMS CERTIFICATION CUMBERLAND COUNTY COURT OF COMMON PLEAS NLD4BER 02-1457 CIVIL TERM I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME T IS m DAY oF NOTARY PUBLIC , 2002. TERRENCE J. Mc~CABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERENCE J. McC~BE, ESQUIRE OFFICE OF T~E PROT]{ONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary April 23, 2002 To: Eddie Williams 20 Jane Lane Carlisle, PA 17013 BANKERS TRUST COMPANy OF : CALIFORNIA, N.A., AS CUSTODIAN : OR TRUSTEE : EDDIE WILLIAMS : and : BARBARA A. WILLIAMS : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-1457-CIVIL TERM NOTICE, NOTICE OF PRAECIPE TO IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personaLLy or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. UnLess you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a Lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the fo[Lowing office to find out where you can get legal he[p: Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 RULE 237.5 ENTER JUDGMENT BY DEFAULT NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeLdia por no haber presentado una comparecencia escrita, ya sea persona[mente o por abogado y pot no haber radicado por escrito con este Tribunal sus defensas u objeciones a [os rectamas formu[ados en contra suyo. AL no tomar La accion debida dentro de diez (10) dias de [a fecha de esta notificacion, el Tribena[ podra, sin necesfdad de coffiparecer usted en corte u oir preube aLguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe L[evar esta notificacion a un abegado inmedietamente. $i usted no tiene abogado, o si no tiene dinero suficiente para ta[ servicio, vaya en persona o Ltame pot te[efono a La oficfna, nombrada para averiguar si puede conseguir asistencia Legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: TJM/ll Terrence J. McCabe, Esquire MoCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 EXHIBIT 'W' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTy COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Barbara A. Williams 20 Jane Lane Carlisle, PA 17013 April 23, 2002 BANKERS TRUST COMPANy OF : CALIFORNIA, N.A., AS CUSTODIAN : OR TRUSTEE EDDIE WILLIAMS : and BARBARA A. WILLIAMS : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-1457-CIVIL TERM NOTICE, NOTICE OF PRAECIPE TO IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may Lose your property or other important rights. You should take this notice to a La~yer at once. [f you do not have a Lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Court Administrator Cumberland County Courthouse Carlisle, PA 17015 (717) 240-6Z00 RULE 237.5 ENTER JUDGMENT BY DEFAULT NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia per no haber presentado una co~oarecencia escrita, ya sea personaLmente o per abegado y pot no beber redicado pot escrito con este Tribunal sus defensas u objeciones a Los fac[ames formuLedos en contra suyo. AL no tomer La accion debida dentro de diez (10) dias de la fecha de esta notificacion, eL Tribunal podra, sin necesided de comparecer usted en corte u oir preube alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe [[evar esta notificacion a un abegado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente para ta[ servicio, vaya en persona o [Lame por te[efono a La oficfna, nombreda para averiguar si puede conseguir asistencia legal. Court Administrator cumberland County Courthouse Car[is[e, PA 17013 ¢717) 240-6200 If you have any questions concerning this notice, Terrence J. McCabe, Esquire McCABE, WEISBERGAND CONWAY, P.C. TJM/ll please call: First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 EXHIBIT IN THE COURT OF COMMON P~AND COUNTy PENNSYLVANIA Bankers Trust Company of California, N.A., As Custodian Or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 V. Eddie Williams and Barbara Williams 20 Jane Lane, Carlisle, Pa 17013 FILE NO.: 02-1457 Civil Term AMOUNT DUE: $113,987.37 INTEREST: from 5/07/02-12/04/02 $3,952.03 ATTY's COMM.: -- COSTS: TO THE PROTHONOTARY OF 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. PRA_~ECIP~ FOR~ ~Y~_~CUTI_O~! Issue writ or 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) 20 Jane Lane, Carlisle, Pa 17013 (More fully described as attached} PRAECIPE FOR ATTACHMENT ~X~CUTIo~; Issue writ of attachment to the Sheriff of N/A Count and costs, as ~, for debt, interest above, directing attachment against the ~bove-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 defendant(s} described in the attached exhibit. September 6, 2002 DATE: Signature: /~C~['Q 0 ~--~ ~f~ Print Name~ TERR--~-~E~.~--_-_~cC~~ Address: 123 S. Broad Street Suite 2080 Attorney Philadel hia PA 19109 - for: Plaintiff Telephone:____~215~l0 Supreme Court ID No. ~6496 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 2 on the Plan of Section 9 of Noll Manor as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 24, Page 104; containing 85 feet along Jane Lane, having a depth along the South of 125 feet along Lot No. 3 on said Plan, having a width in the rear along the East of 85 feet and having a depth along the North along Lot No. 1 on said Plan of 125 feet. BEING improved with a brick and frame bi-level dwelling known as 20 Jane Lane, Carlisle. TA'~ PARCEL #16-1096-75 ~%CABE, WEISBERG ~ CONWAY, P.C. BY: TERRENcE j. McCABE, ESQUIRE Identification Nun~er 16496 First Union Buildinu 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 BANKERs TRUST COMPANy OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE Eddie Williams and Barbara Williams Attorney for Plaintiff CUMBERLAND COUNTy COURT OF COMMON PLEAS NUMBER 02-1457 Civil Term AFFIDAVIT PURSUANT TO RULE 312~99 I, Terrence j. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information COncerning the real property located at 20 Jane Lane, Carlisle, Pa 17013, a COpy of the description of said property is attached hereto and marked Exhibit "A.,, 1. Name and address of Name 2 o Eddie Williams Barbara Williams Name and address Name Eddie Williams Barbara Williams Owner(s) or Reputed Owner(s): Address 20 Jane Lane Carlisle, Pa 17013 20 Jane Lane Carlisle, Pa 17013 of Defendant(s) in the judgment: Address 20 Jane Lane Carlisle, Pa 17013 20 Jane Lane Carlisle, Pa 17013 3. Name and last known address of every judgment creditor w~[ose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. FORD CONSUMER DISCOUNT CO., NORWEST CONSUMER DISCOUNT CO Address INC 3220 TILLM3L~ DRIVE BENSALEM, PA 19020 717 MARKET ST, STE 107 LEMOYNE, PA 17043 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address NONE 6. 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 Address Tenant(s)/0CCUpant(s) Domestic Relations Commonwealth of Pennsylvania, 20 Jane Lane Carlisle, Pa 17013 Cumberland County P.O. Box 320 Carlisle, PA 17015 Department of Welfare, P.O. Box 2675, Harrisburg, PA 17105. I Verify that the Statements made in this Affidavit are true and Correct to the best of my personal kn . and belief. I Understand that fals ~wledge' or mnformati subject to the penalties e Statumen~s herein are maS~ of 18 Pa.C.s. Section 4904 relating to Unsworn falsification to authorities. September 6, 2002 ~ DATE ~ Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 2 on the Plan of Section 9 of Noll Manor as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 24, Page 104; containing 85 feet along Jane Lane, having a depth along the South of 125 feet along Lot No. 3 on said Plan, having a width in the rear along the East of 85 feet and having a depth along the North along Lot No. 1 on said Plan of 125 feet. BEING improved with a brick and frame bi-level dwelling known as 20 Jane Lane, Carlisle. TA~ PARCEL//16-1096-75 McCABE, WEISBERG AND CON-WAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 BANKERS TRUST COMPANY OF : CALIFORNIA, N.A., AS CUSTODIAN : OR TRUSTEE : Eddie Williams and : Barbara williams Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-1457 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Eddie Williams and Barbara Williams 20 Jane Lane Carlisle, Pa 17013 Your house {real estate) at 20 Jane Lane, Carlisle, Pa 17013, (more fully described as attached) is scheduled to be sold at Sheriff's Sale on December 04, 2002, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $113,987.37 obtained by Bankers Trust Company of California, N.A., As Custodian Or Trustee against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Bankers Trust Company of California, N.A., As Custodian Or Trustee the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 o You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. YOU may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7 o You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. ~OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ~F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, ~0 TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND 9UT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTy COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTy BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-1457 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE, Plaintiff(s) From EDDIE WILLIAMS AND BARBARA WILLIAMS, 20 JANE LANE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y°u are als° directed t° 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 garnishee and is enjoined as above stated, a AmountDue $113,987.37 L.L. $.50 Interest FROM 5/7/02 - 12/4/02 $3,952.03 Atty's Comm % Due Prothy $1.00 Atty Paid $119.45 Other Costs Plaintiff Paid Date: SEPTEMBER 10, 2002 (Seal) REQUESTING PARTY: Name TERRENCE J.MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 CURTIS R. LONG Prothon~ry Deputy Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 Bankers Trust Company of Califomia, N.A. In The Court of Common Pleas of as Custodian or Trustee Cumberland County, Pennsylvania VS Eddie Williams and Barbara Williams Writ No. 2002-1457 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Terrence McCabe. SherifFs Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 3.45 Levy 15.00 Poundage 1.60 $ 81.55 paid by attorney 09/25/02 Swom and subscribed to before me This ..~o~ day of~ 2002, A.D .~.,~.Z~o~, ~ Prothonotary R. Thomas Kline, Sheriff Real Es[a(~ Deputy ~ ]~oC McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Nu/nber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 BANKERS TRUST COMPANY OF : CALIFORNIA, N.A., AS CUSTODIAN : OR TRUSTEE : Eddie Williams and : Barbara williams Attorney for Plaintiff CUMBERLJ~qD COUNTY COURT OF COMMON PLEAS NUMBER 02-1457 Civil Term AFFIDAVIT PURSUA/qT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 20 Jane Lane, Carlisle, Pa 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." Name and address of Owner(s) or Reputed Owner(s): Name Addre s s Eddie Williams 20 Jane Lane Carlisle, Pa 17013 Barbara Williams 20 Jane Lane Carlisle, Pa 17013 Name and address of Defendant(s) in the judgment: Name Address Eddie Williams 20 Jane Lane Carlisle, Pa 17013 Barbara Williams 20 Jane Lane Carlisle, Pa 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. address of 4. Name and mortgage of record: Name Plaintiff herein. the last recorded holder of every Address FORD CONSUMER DISCOUNT CO., INC 3220 TILLMAN DRIVE BENSALEM, PA 19020 NORWEST CONSUMER DISCOUNT CO 717 NhARKET ST, STE 107 LEMOYNE, PA 17043 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address NONE 6. 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 Address Tenant (s) /Occupant (s) 20 Jane Lane Carlisle, Pa 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 Commonwealth of Pennsylvania, Department of Welfare, P.O. Box 2675, Harrisburg, PA 17105. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September 6, 2002 DATE TERREN~CE ~.-McCABE, ESQUIRE Attorney for Plaintiff LEGAL'DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North Middleton Township, Cumberland County, Peimsylvania, bounded and described as follows: BEING Lot No. 2 on the Plan of Section 9 of Noll Manor as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 24, Page 104; containing 85 feet along Jane Lane, having a depth along the South of 125 feet along Lot No. 3 on said Plan, having a width in the rear along the East of 85 feet and having a depth along the North along Lot No. 1 on said Plan of 125 feet. BEING improved with a brick and frame bi-level dwelling known as 20 Jane Lane, Carlisle. TAX PARCEL #16-1096-75 ~cCABE, WEISBERG AND coNWAY, p.C. NCR J- McCABE, ESQUIRE BY: TERRE -,umber 16496 Identification 123 South Broad street, suite · PA 99109 (295) 790-1090 CALIFORN ' ' ' OR TRusTEE Eddie williams and Barbara will~,S sALE OF REAL PROPERTY AttOrneY ~or plaintiff CuMBERLAND coUNTY coURT oF COMMON pLEAS NUMBER 02-1457 civil Term TO: Eddie williams and Barbara williams 20 Jane Lane carlisle, Pa 17013 Your house (real estate) at 20 Jane Lane, Carlisle, Pa 17013 (more fully described as attached) is scheduled to be sold at sheriff's Sale on December 04, 2002, at 10:00 a.m. in the · ' r' Hearing Room located on the 2nd Floor of the CommlSslone s Cumberland county Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $113,987.37 obtained by Bankers Trust Company of california, N.A., As Custodian Or Trustee against yoU. NOTICE OF OWI~_R'S RIGHT~ YO__U MAY BE ABLE TO pREV___ENT T____HIS SHERIFF'S sALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Bankers Trust Company of california, N.A., As Custodian Or Trustee the back paymentS, late charges, costS, and reasonable attorney'S feeS due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. You may be able to stop the sale by filing a petition asking the Court [o strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by.~' calling Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3 o The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4 o If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6 o You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. You may also have ot~er rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU S~OULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF yOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND O~UT W~ERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTy BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL'DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North Middleton Township, Cumber/and County, Pennsylvania, bounded and described as follows: BEING Lot No. 2 on the Plan of Section 9 of Noll Manor as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 24, Page 104; containing 85 feet along Jane Lane, having a depth along the South of 125 feet along Lot No. 3 on said Plan, having a width in the rear along the East of 85 feet and having a depth along the North along Lot No. 1 on said Plan of 125 feet. BEING improved with a brick and frame bi-level dwelling known as 20 Jane Lane, Carlisle. TA~K PARCEL # 16-1096-75 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) . NO 01-1457 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE, Plaintiff (s) From EDDIE WILLIAMS AND BARBARA WILLIAMS, 20 JANE LANE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Yun are als° directed to attach the property of the defendant(s) not Ievied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(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 &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 $113,987.37 Interest FROM 5/7/02 - 12/4/02 $3,952.03 Atty's Comm % Atty Paid $119.45 Plaintiff Paid Date: SEPTEMBER 10, 2002 L.L. $.50 Due Prothy Other Costs $1.00 (Seal) REQUESTING PARTY: Name TERRENCE J.MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 CURTIS R. LONG Deputy Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 Real Estate Sale # 30 On September 13, 2002 the sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA known and numbered as 20 Jane Lane, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 13, 2002 By: .)b~(~i ~¢~4&-~ Real Estate Deputy