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.