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HomeMy WebLinkAbout01-2090COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-01 DJ Name: Hon. ~d~,s: 81 WAT.NUT BOTTOM ROAD P.O. BOX 361 SHI PPENSBURG, PA Te~.pho,.:(717) 532-7676 17257-0361 SHI PPENSBURG TOWNSHIP P.O. BOX 219 SHIPPENSBURG, PA 17257 CIVIL CASE PLAINTIFF: NAME and ADDRESS FSHIPPENSBURG TOWNSHIP P.O. BOX 219 SHIPPENSBURG, PA 17257 VS. DEFENDANT: NAME and ADDRESS USUBURBAN LEASING 12 CARROLL LEASING SUITE 119 NOTICE OF JUDGMENT/TRANSCRIPT ~EST MINSTER, MD 21157 Docket No.: CV-0000188-00 Date Filed: 8/09/00 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~ Judgment was entered against: (Name) in the amount of $ 4o~; _ rt0 on: ~ Defendants are jointly and severally liable. ['~ Damages will be assessed on: J--~ This case dismissed without prejudice. Amount of Judgment Subject to [--~ Attachment/Act 5 of 1996 $. ~--~ Levy is stayed for days or ~-~ generally stayed. [--~ Objection to levy has been filed and hearing will be held: Date: Place: Tme: DEFAULT ~ PL?F ~T~I;R~RTTR~ ,~3w~U~qTp (Date of Judgment) (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total 2/~1/01 405.0C .00 .00 .00 , 405.0( Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ~-~/-6)/ Date ~/'~/~ ~ ,District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. ~.//~ .-~/~ / Date /~,.~/.,/~2~,~ ,District My commission expires first Monday of January, AOPC 315-99 2006 SEAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY: PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION SHIPPENSBURG TOWNSHIP Plaintiff ( ) Confessed Judgment (X) Other Vo SUBURBAN LEASING COMPANY Defendant File No. Amount Due Interest Late Charges Escrow Due Unapplied Credit Atty's Comm. Costs 2001-02090 $405.00 $ $ $ $ $ $ TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not adse 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 County, for debt, interest and costs upon the following described properties of the Defendant: 45 Richard Avenue, Shippensburg Township, Cumberland County, Pennsylvania 17257. (See Legal Description attached hereto and incorporated herein as Exhibit A.) Date Respectfully Submitted TURO LAW OFFICES J{i'~es M. Rol~nson, Esquire 2~South Pitt/Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff LEGAL DESCRIPTION Exhibit A ALL the certain lot of ground with a row type dwelling house and other improvements thereon known as 45 Richard Avenue, in the Township of Shippensburg, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point on the South side of said Richard Avenue at the Westerly property line of land now or formerly of Paul Rotz, thence with said Richard Avenue, South fifty-seven (57) degrees thirty (30) minutes West twenty-five and fourteen hundredths (25.14) feet to land now or formedy of the Estate of John Hosfeld, deceased, known as 43 Richard Avenue; thence with the same South thirty-two (32) degrees thirty (30) minutes East one hundred forty-four and eight tenths (1~.~.8) feet to a fourtccn (14) foor public alley; thence with said alley North fifty-one (51) degrees East twenty-five and forty-nine hundredths (25.49) feet to the said land now or formerly of Paul Rotz; thence with the said land now or formerly of Paul Rotz, North thirty-two (32) degrccs thirty (30) minutes West one hundred forty-two (142) feet to the place of BEGINNING. CONTAINING approximately eight hundredths (.08) of an acre as shown on survey and plan by T. L. Essick, R.P.E., dated November 29, 1946. SHIPPENSBURG TOWNSHIP, Plaintiff SUBURBAN LEASING COMPANY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYVLANIA : NO. 2001-02090 CIVIL TERM : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Shippensburg Township, 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 located at: 45 Richard Avenue, Shippensburg Township, Cumberland County, Pennsylvania 17257. 1. Name and address of owner(s) or reputed owner(s): Name Suburban Leasing Company Address 12 Carroll Street, #119 Westminster, MD 21157 2. Name and address of Defendant in the judgment: Name Suburban Leasing Company Address 12 Carroll Street, #119 Westminster, MD 21157 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Shippensburg Township Address P.O. Box 219 Shippensburg, PA 17257-0361 PA Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Eastern Pacific Equity Trust Fund Eastern Resources Institute Name and address of the last recorded holder of every mortgage of record: Address 401 Shippensburg Road, #138 Shippensburg, PA 17257 4542 E. Tropicana Ave., Suite 189 Las Vegas, NV 89121 Name and address of every other person who has any record lien on the property: Name Address None 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 Address None 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 None 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 mede subject to the penalties of 18 Pa.C.S. ,~4904 relating to unsworn falsification to authorities. Date Jar~ M. Robeson, Esquire 28 ~buth Pitt ~treet Carlisle, PA ~17013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 84133 ORRSTOWN BANK, Plaintiff SUBURBAN LEASING COMPANY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYVLANIA : NO. 2001-2090 CIVIL TERM : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA R.C.P..q3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 5, 2001 TIME: 10:00 A.M. LOCATION: Jury Assembly Room Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other improvements erected on the land. THE LOCATION of your property be sold is: 45 Richard Avenue, Shippensburg Township, Cumberland County, Pennsylvania, 17257 (See Attached Legal Description) THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Orrstown Bank v. Suburban Leasing Company at No. 2001-2090 in Cumberland County, Pennsylvania, for the amount of $405.00. THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Suburban Leasing Company. A SCHEDULE OF DISTRIBUTION, being a list of the person, 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 the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Shedffwithin thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be mede unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution mey be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, 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 TAKEN AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You mey 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 ADVISE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 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. After the Shedfrs 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 property cause. This petition I~UST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 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 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 Office-Civil Division of the within County Courthouse, before presentation to the Court. 5. A copy of the Writ of Execution is attached hereto. LEGAL DESCRIPTION OF 45 RICHARD AVENUE SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, 17257 ALL the certain lot of ground with a row type dwelling house and other improvements thereon known as 45 Richard Avenue, in the Township of Shippensburg, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point on the South side of said Richard Avenue at the Westerly property line of land now or formerly of Paul Rotz, thence with said Richard Avenue, South fifty-seven (57) degrees thirty (30) minutes West twenty-five and fourteen hundredths (25.14) feet to land now or formerly of the Estate of John Hosfeld, deceased, known as 43 Richard Avenue; thence with the same South thirty-two (32) degrees thirty (30) minutes East one hundred forty-four and eight tenths (144.8) feet to a fourtccn (14) foor public alley; thence with said alley North fifty-one (51) degrees East twenty-five and forty-nine hundredths (25.49) feet to the said land now or formerly of Paul Rotz; thence with the said land now or formerly of Paul Rotz, North thirty-two (32) degrees thirty (30) minutes West one hundred forty-two (142) feet to the place of BEGINNING. CONTAINING approximately eight hundredths (.08) of an acre as shown on survey and plan by T. L. Essick, R.P.E., dated November 29, 1946. SHIPPENSBURG TOWNSHIP, Plaintiff SUBURBAN LEASING COMPANY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-2090 : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE PRAECIPE TO SATISFY TO THE PROTHONOTARY: Please satisfy the above-captioned judgment. Respectfully Submitted, TURO LAW OFFICES Date Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Shippensburg Township VS Suburban Leasing Company In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2090 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney James Robinson. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 13.00 Levy 15.00 Advertising 15.00 Certified Mail 9.84 Poundage 11.60 Postpone Sale Law Journal Patriot News 246.80 188.25 $591.65 p~d by attomey Sworn and subscribed to before me So Answers: This .~'~ & day of 2toq,~_J~.~ ~'"~ f~ R. Thomas Kline, Sheriff 2001, A.D. ~ ~ ~, c~a~. Prothonotary Rdal Est[rte Deputy SHIPPENSBURG TOWNSHIP, Plaintiff SUBURBAN LEASING COMPANY, Defendants · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYVLANIA · NO. 2001-02090 CIVIL TERM · CIVIL ACTION - LAW · IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Shippensburg Township, Plaintiff in the above action, sets forth as of the date the Praecipe for the Wdt of Execution was filed, the following info~i.ation concerning the real property located at: 45 Richard Avenue, Shippensburg Township, Cumberland County, Pennsylvania 17257. 1. Name and address of owner(s) or reputed owner(s): Name Suburban Leasing Company Address 12 Carroll Strcct, #119 Westminster, MD 21157 2. Name and address of Defendant in the judgment: Name Suburban Leasing Company Address 12 Carroll Street, #119 Westminster, MD 21157 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Shippensburg Township Address P.O. Box 219 Shippensburg, PA 17257-0361 PA Department of Revenue Bureau of Compliance Dept· 280946 Harrisburg, PA 17128-0946 4. Name and address of the last recorded holder of every mortgage of record: Name Eastern Pacific Equity Trust Fund Address 401 Shippensburg Road, #138 Shippensburg, PA 17257 Eastern Resources Institute 4542 E. Tropicana Ave., Suite 189 Las Vegas, NV 89121 5. Name and property: address of every other person who has any record lien on the Name Address None o 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 Address None 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 None I verify that the statements mede in this affidavit are true and correct to the best of my pemonal knowledge or 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. Date Jar~ M. Robinson, Esquire 28 ~Suth Pitt j~treet Carlisle, PA 47013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 84133 II ORRSTOWN BANK, Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYVLANIA v. · NO. 2001-2090 CIVIL TERM SUBURBAN LEASING COMPANY Defendant · CIVIL ACTION - LAW · IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTAT~= PURSUANT TO PA R.C.P..~3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 5, 2001 TIME: 10:00 A.M. LOCATION: Jury Assembly Room Cumberland County Courthouse I Courthouse Square Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other improvements erected on the land. THE LOCATION of your property be sold is: 45 Richard Avenue, Shippensburg Township, Cumberland County, Pennsylvania, 17257 (See Attached Legal Description) THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Orrstown Bank v. Suburban Leasing Company at No. 2001-2090 in Cumberland County, Pennsylvania, for the amount of $405.00. THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Suburban Leasing Company. A SCHEDULE OF DISTRIBUTION, being a list of the person, 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 the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty REAL ESTATE SALE INo. I/ ~ Sept. 10, 2001 tlmsm~ll~iedlJl~ltbe(le~erK~ar~,~ Interest in the real property situated in Shi[~ensbur~ Township 0umberland Coanty, Pa., known and numbered as: 45 Richard ave. Shippenaburg and more tully described on ExMI~t "A" filed with this writ and by this reference Incorporated herein. ~,; .~e~. ~o, ~oo~ ~; ~ Real Estate Deputy 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 thc 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 the 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: October 12, 19, 26, 2001 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 true. RF. AL ESTATE 8A~- NO. 11 Writ No. 2001-2090 Civil Shlppensburg Township VS. Suburban Leasing Company Atty.: James M. Robinson LEGAL DESCRIPTION OF 45 RICHARD AVENUE, SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY. PENNSYLVANIA 17257 ALL the certain lot of ground with a row type dwelling house and other improvements thereon known as 45 Richard Avenue, in the Township of Shippensburg, Cumberland Coma- ty, Pennsylvania bounded and de- scribed as follows: BEGINNING at a point on the South side of said Richard Avenue at the Westerly property line of land now or formerly of Paul Rotz, thence with sald Richard Avenue, South fifty-seven (57) ~e~e? ~ {30) SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER, 2001 LOiS E. SNYDER, Notmy Public I Cadis~ Bom, Cumberland County I THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 ~ and The Sunday Patriot-News newspapers of general circulation, 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 October and the 6th day(s) of November 2001. 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 Daup~n in/M~iscellaneous Book "M', Volume 14, Page 317. PUBLICATIONcoPY Swo.'-. ........ -._'3; ....... ~_~_,~*':ii~:~'''/'''*~''''''''''''_ 'm'/,=H h~fnr~''me ................................................... thi~ 19th da~of NO~mber 2001 A.D. wn~nano :. M~,lllnr, I~n.~l~A~tlee= M~a~anmission 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 Notary Fee(s) Total $ 186.75 $ 1.5O $ 188.25 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notiCe and publication costs and certifies that the same have been duly paid.