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HomeMy WebLinkAbout94-03958 1. Plaintiff is Mondrian Mortgage corporation, Freeway, Houston, Texas 77040. 2. Defendant(s) is/are as follows: A. Mortgagor(s): Barry A. Bartholomew and Phyllis M. Bartholomew, who reside at 14 Chestnut street, Camp Hill, PA 17011. 13111 Northwest B. Real Owner(s): is/are the mortgagor(s). 3. The date of the mortgage is May 10, 1988. 4. A description of the land and property subject to the mortgage is set forth in Exhibit "A", incorporated herein by reference. 5. The mortgagee is Commonwealth Mortgage Company of America, L.P. 6. The mortgage was recorded in the Department of Records of Cumberland County in Mortgage Book 903 page 201 et seq. and is incorporated by reference herein as though fully set forth at length. 7. The mortgage was assigned. 8. The most recent assignment was to the plaintiff herein, was dated August 15, 1991 and was recorded in the Department of Records for Cumberland County in Misc. Book 402 page 823. All assignments are incorporated by reference herein as though fully set forth at length. 9. Written Notice of Intention to Foreclose under Act 6 of 1974, is not required because the original principal amount of the mortgage was in excess of $50,000.00. Written Notice of Homeowners' "Emergency Mortgage Assistance Act of 1983" pursuant to Act 91 of 1983 is not required because the mortgage is insured by the Federal Housing Administration. 10. The Note secured by the mortgage is attached hereto as Exhibit "B" and incorporated by reference herein. 11. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 5/1/93 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 (1) month, the entire principal balance and all interest due thereon are collectible forthwith. Tender of payment, if any, was rejected because the amount tendered did not represent the amount due at the time of tender. 12. The following amounts are due on the mortgager Principal Balance Information certificate Prothonotary - file complaint Interest from 4/1/93 to 7/13/94 at $14.48 per diem Late charges from 5/1/93 to 7/13/94 at $23.54 per month Previously due late charges Escrow Deficit other charges Attorney's Fees (5%) TOTAL ..f' . $66,980.97 100.00 45.50 6,791.12 329.56 25.02 1,321.93 25.50 3.7BO.9B $79,400.58 13. 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 the work actually performed. WHEREFORE, Plaintiff demands judgment against the said defendant(s) for the above stated amount plus interest due at the contract rate until the date of entry of the judgement, foreclosure of said mortgage and a judicial sale of the mortgaged premises. KIVITZ & KIVITZ, P.C. V E R I I' I CAT ION Bonnie Howard being duly eworn according to law, depoeee and says that I am the Assistant Secretary for the aboye named Plaintiff, that I am authorized to take this verification on behalf of the Plaintiff, and that the statemente made in the foreqoing pleading are true and oorrect to the beet of my pereonal knowledge or information and belief. I understand that false statements herein are made subject to the penaltiee of 18 PA C.S. 54904 relating to unsworn falsification to authorit(e. ] " ~~ \ j I hv.,. ;.../ ruNlE n. 1-nIMD Assistant Secretary I !I i ( "+(Ylr. / . ,. \"""" ALL THAT CERTAIN piece or parcel of land and premises, situate. lying and being In the Township of Lower Allen, County of CUmberland, and Commonwealth of Pennsylvania. more particularly described as follows: BEGINNING at a point on the Hest side of Chestnut Street (formerly Forge Roadl, at the corner of Lot No.9 In the hereinafter mentioned Plan of Lotsl thence along with Hest side uf Chestnut Street to the right by the arc of a circle having a radius of one hundred thirty (I30) feet, the arc distance of fifty and twenty-ntne hundredths (50.291 feet to a polntl thence cont- utng along the Hest side of Chestnut Street, North 24 degrees. 46 minute, Hest, fourteen and ftfty-three hundredths (14.531 feet to a point; thence by same to the left by the arc of a ctrcle havtng a radtus of twelve (12) feet, the arc distance of eighteen and eighty-five hundredths (18.85) feet to a point In the South side of a fifty (50) foot street; thence along the South side of said street. South 65 degrees, 14 minutes Hest, one hundred thirteen (113) feet to a point; thence along the line of land now or formerly of the Lower Allen Development Company, South 25 degrees, 19 minutes East, seventy-five (75) feet to a point In the division line between Lots Nos. 8 and 9 on said Plan; thence along the division line between lots a Ind 9, North 46 degrees, 56 minutes East. one hundred thirty-four Ind sixty-one hundredths (134.61) feet to I point In the West side of Chestnut Street, the point of place of beginning. iOIl:1: 33 PAt! 293 '.'.....~..._....-_. ........ ....... , 'i I i' , . . .. , 1 .- ,t \ ~';"; . f:){HIRlr ~ . ~ ,.t" ""."".~~ ,. . ...:",-,.fl';'; JUt l'i I:ll rH Ig~ . rlf'\. ,;f;l, '.'!'f , ,'C \ ..," 11 f _ ,'; I' ": ,\ g. ~J (!/!, t~ d.. t 33 .3 030 /!J(Cp4- I I q rJ.JV (5. f/j 6Y I . . , l .. . ~ - , ...< . . Ij.'.. ., ". ;:..-Oll'", ,~. ~ . '.!F~""; """"'. ~" ."......~"".~...., "--' II t , , , , I ! .' . I " \ .' , --- I , SIIERI 1'1' I S ru:.1UIlN CQ\tolCJM'iEI\L11l OF PENNSYLVANIAI COUl'1I'Y 01' CLM1JERLIIND In The Court of Common Pleas of Cumberland County, PennsyIvania NO. 94-395B Civil Term Civil Action Law Complaintin Mortgage Foreclosure Mondrian Mortgage Corporation VS Darry ^. Bartholomew and Phyll is M. Bartholomew Timothv Reitz , IUtH:iiIBltjt: Deputy Sheriff of CUnberland County, Pennsylvania, who being duly sl<<lrn according to law, SllYS, that he served the within Civil Action Law Complaint Ilarry A. Ilartholomew and upon Phyllis M. BarthoIomew , the defendant, at in Mortgage Fo~eclosure I 2124 o'clock P.M. iD / EDST, on the 21 day of July , 1994at 14 Chestnut Street, Camp lUll , CUnberland County, Pennsylvania, by handing to Phy 11 is M. Ilartholomew, defendant and adult in charge, accepted for both a true and attested copy of the Civil Action Law Complaint in Mortgage F~reclosu and at the sarro time directing her attention to the contents thereof and the "Notice to Plead" endorsed theroon. Sheriff's COStSI Docketing Service Af fidav it Surcharge So answers I 18.00 7.28 4.00 29.2B Pd. by Atty. 7-22-94 ll. by SW0111 and subscribed to before me this _.1.t..ti, day of ,~ 19__j1____ ^.Il. --~. -1JJ"-dJ.~--r Q"b Prothonotary , 't1J') V ' KIVITZ & KIVITZ, P.C. By: Jay E. Kivitz, Esquire 10# 26769 7907 Ogontz Avenue P.O. BOle 27360 Philadelphia, PA 19110-0308 (215) 549-2525 Mondrian Mortgage corporation Attorney for Plaintiff court of Common Pleas Cumberland county Y. I I I : : : I No. 94-3958 civil Term Barry A. Bartholomew Phyllis M. Bartholomew PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY I Kindly enter Default JUdgment in the sum of $83,922.06 in favor of Mondrian Mortgage Corporation and against defendants Barry A. Bartholomew and Phyllis M. Bartholomew because of defendants' failure to file an Answer to the Complaint and assess damages as follows: Amount claimed in Plaintiff's complaint Interest from 7/13/94 to 5/5/95 at $14.48 per diem Monthly late charges 7/13/94 to 5/5/95 at $23.54 per month TOTAL $79,400.58 $4,286.08 $235.40 $83,922.06 ( KIVITZ, SQUIRE ey for Plaintiff ABSESSMENT OF DAMAGES ANP NOW, , 1995 damages are assessed as above. Pro. Prothy. ,,,,,~,,,..,,,..,.,~.,..,,,,,,",,.- .4..,.., HAl 9 d. . ..,.. '. ,,', ,.., ,/-.,'<.;r.. .... " .. ':.-,,{, ::-;,,' ~'. :::,,::,;;,'::~~~';')-,i'i.\;}i;Jh.,,",r- ,,'f:I1J:; '5 I~ "~'\' . -~. ," } ':f4""ii~", 'e. .,:.;,.t:'".,~,,, ~'t''':t:?f1.~..;Itf\~ " ". t"'''''' Ii,..,,,,,,....,., '. . Ii/C{i4'1<iir...,:':I'U" ..' " ". .. " ,...~,..,",..,i:c_,....,,<---"'~,.~'f-.f,,'. c.,"".,..,.....,..".' """',.b'o~".~,"".,,,","''''~''''''''~~,''i''''''-._ 2 39 PH '95 : ! tl,.(iiHCf or l}q 'O'i,IOH:'1.U\" OUIo'l'",\ 1.1':1 c" '~n i"'l t.tH;J ~'1\~1 ,\ .,.~~--~,~---._.....,.,...,-,...~,-_.~"--~~,~~."~",,,,!~,,,,-,,,,,,,-~ i . II .i '" '1"''' ,"'" A *' , -' . 'l'1l.*. II ,. , .~ t""'-' \ " " " .. . , F:I , , i \ I I , KIVITZ & KIVITZ, P.C. IlY: Jay E. Kivitz, Esquire ID# 26769 7907 Ogontz Avenue P.O. Box 27368 Philadelphia, PA 19118-0308 (215) 549-2525 Attorney for Plaintiff --------------------------------------------------------------------------- Mondrian Mortgage corporation COURT OF COMMON PLEAS cumberland County v. Ilarry A. Bartholomew Phyllis M. Bartholomew, h/w I No. 94~3(15fl civil Tenn VERIFICATION OF NON MILITAHY SEHVICE The undersigned hereby verifies that the Defendants are not in the Military or Naval Service of the United states or its Allies, or other- wise within the provisions of the Soldiers' and Sailors' civil Relief Act of Congress of 1940, as amended: That Barry A. Partholomew is over 21 years of age, his last known address is 14 chestnut street, Camp Hi 11, PA and his last known employment is unknown. That Phyllis M. Bartholomew is over 21 years of age, her last known address is 14 Chestnut Street, camp Ilill, PA and her last known employment is unknown. The undersigned verifies that the statements made above are true and correct and understands that false statements herein are made subject to the penalties 18 Pa C.S. 4904, relating to unsworn falsification to authorities. OIL,_~ /' IrMl " I). IIWllll) r ~ Assistant Hccrcntry OFFICE OF THE PROTHONOTARY Mondrian Mortgage corporation Court of Common Pleas cumberland county v. I I I I I I I No. 94-3958 civil Term Barry A. Bartholomew Phyllis M. Bartholomew NOTICE Pursuant to Rule 236 of the supreme court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above I proceeding as indicated below. LAWRENCE E. WELKER Prothonotary [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment in Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALLI ATTORNEY JAY E. KIVIT?, ESQUIRE at this telephone nllrnberl (215) 549-2525 HAY 9 2 39 1'/1 '95 '';''It;j' nt ';H'WH~hl j' l. ~; , ,^ :"; I r; ': i ; l" , "J 1 A; ~~ ) ((( tflJ r" / Ij~h Ilt-h~ L.. ~J..t~L .5' f rr- (II!. 3~ -/:J ~t ;; S- ~stJ I~ , J~ W ri{ "I G , ~.(. ~_"'~"."',_ .~...._.'''7"",_}<'' "."' -'ii<- f" 1 j' , '\. . - , i/C!t' . . "j_'U , . . \j ,. , '.......- I ! LAW OFFICES KIVITZ & KlVITZ, P.C. 7907 OGONTZ AVENUE P.O. BOX 27368 PHILADELPHIA, PA 19118-0308 SEYMOUR KIVITZ JAY E. KIVITZ (215) 549-2525 FACSIMILE (21ll)424-8002 Auqust 17, 1994 Phyllis M. Bartholomew 14 Chestnut Street camp lIill, PA 17011 REI Mondrian Mortgage corporation v. Barry A. Bartholomew and Phyllis M. Bartholomew CCP Cumberland County 94-3958 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITIIOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO LAWYER AT ONCE. IF 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 I LAWYER REFERRAL SERVICE Court Administrator Cumberland county courthouse 4th floor carlisle, PA 17013 (717) 240-6200 HAr 9 H C!j ~' I; '1. :;-:~,~ ;.~.t ~\f ',: 2 39 flI'95 !i '.i tlf'~ . r f<U1;~L 'd,' · it.' ,-i'j ~'}~;siY .iold~!;'i!A ~""~."'~'\\"""*'='<4!""t_,~~~_~y_....._...,.._ ,. . j , - '.. . , , . -' , .'. t . .. II " " -......- ! -. KIVITZ & KIVITZ, P.C. By: Jay E. Kivitz, Esquire ID# 26769 7907 Ogontz Avenus P.O. Bo)( 27368 Philadelphia, PA 19118-0308 (215\ 549-2525 Attornev fer Plaintiff Mondrian Mortgage corporation Court of Common Pleas cumberland county v. I : : I I : I No. 94-3958 civil Term Barry A. Bartholomew Phyllis M. Bartholomew PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Exeoution in the above matter I Amount Due Interest from 5/5/95 (costs to be added) 83,922.06 RIVITZ & KIVITZ, P.C. C KIVITZ ESQUIRE EY FOR PLAINTIFF -, KIVITZ & KIVITZ, p.e. nYI Jay E. Kivitz, Esquire 101 26769 7907 Ogontz Avenue 1'.0. Bo)( 27368 Philadelphia, PA 19118-030B 12151 549-2525 AttorneY for Plaintiff Mondrian Mortgage corporation Court of Common Pleas Cumberland county v. Barry A. Bartholomew Phyllis M. Bartholomew No. 94-3958 civil Term WRIT OF EXECUTION TO THE SHERIFF OF SAID COUNTY I To satisfY the judgment, interest and costs in the above matter you are directed to levy upon and sell the property described in the attached description. Premises 14 Chestnut street, Camp Hill, PA Amount Due 83,922.06 Interest from 5/5/95 (Costs to be added) Prothonotary bYI - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION v. File No. 94-3958 civil Term Amount Due ~3.922 06 Interest 14. Il per Jay from 5/5/95 Atty'S Corn 5\ Costs Mondrian Mortgage corporation Darry A. Bartholomew I'hyllis M. Ilartholomew TO TilE PROTHONOTARY OF THE BAlD 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 pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Cumberland county, described property Execution in the above matter to the Sheriff of for debt, interest and costs upon the following of the defendants I See description attached. PRAECIPE FOR ATTACHMENT EXECUrIQ6 Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) N/A 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. KIVITZ & KIVITZ, P.C. DATE: 5/5/95 C Kivitz Esquire 7 07 gontz Avenue P.O. Box 2736B Philadelphia, PA 1911B-030B Attorney for Plaintiff (215) 549-2525 Ib# 26769 (0 IlAY 9 2 ~G I'M '95 . <1 I Hij' \~t ; !-" "' flt.nlL r AhY f pI. ,,- ','I II lJ ' "1' '''I,'. ,_,ii -'(1' It 1.'d\\:L\li"' r2 t, I () I )f elf) l-L j;i.'~<'\:-:1;:;,,~,~,';t~':t'~~;~." '~~':( /'~-' ,'.' w4i~\~1j-;i"'i"rt<' i"'~ttt~~~'~fil\i!I..f~~,' ., /~ q ~5,~ )... cr )- f d.Jb /()-1) .j() -~'~+""""""-r-'~~~"""---+' ~j} .' '. ,. , , .. . "II ., . .. , . j . tI' :f \ .' . . If . , " 1 , i . I I , --~:.;,.' . 'f~~'_: ~ ~ . . . DATE: May 5, 1995 Mondrian Mortgage corporation Court of Common Pleas Cumberland County v. I I : : I I : No. 94-3958 civil Term Barry A. Bartholomew Phyllis M. Bartholomew NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Barry A. Bartholomew & Phyllis M. llurthoJorllt:w 14 Chestnut Street Camp Hill, PA 17011 Your house at 14 Chestnut Street, camp l!ill, PA. 17011 is scheduled to be sold at Sheriff's Sale on at 10:00 A.M. WEDNESDAY, SEPTEMBER 6, 1995 in the Office of the Sheriff of Cumberland County, 1 courthouse Square, Carlisle, PA 17013 to enforce the court jUdgment of $83,922.06 obtained by Mondrian Mortgage corp. 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 cancelled if you pay to MONDRIAN MORTGAGE CORP the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may callI JAY E. KIVITZ, ESQUIRE AT (215) 549-2525. 2. 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. 3. 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 notice on page two to find out 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. 1. 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 the Sheriff of Cumberland County, at (717) 240-6390. . 6. 7. ..~ 2. 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 in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 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. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on October 6, 1995. 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 distribution is wrong) are filed with the the Sheriff within ten (10) days after October 6, 1995. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 3 . 4. 5. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 Telephonel (717) 240-6200 , '."or ..... ALL THAT CERTAIN pl.c. or parc.' of land and premls.s, sltuat., lying and b.lng In the Township of Lower All.n, County of Cumb.rland, and Commonwealth of P.nnsylvanla, more particularly described as followSI BEGINNING at a point on the W.st sid. of Chestnut Street (formerly Forge Roadl. at the corner of Lot No. g In the h.relnaft.r mentioned Plan of Lotsl thence along with West side uf Chestnut Stre.t to the right by the arc of a circle having a radius of on. hundrad thirty (130) fe.t, the arc distance of fifty and twenty-nine hundredths (50.29) feet to a pointl th.nce cont. ulng along the West side of Chestnut Street, North 24 degrees, 46 minutes West, fourteen and flfty.three hundredths (14.53) feet to e point; thence by same to the left by the arc of a circle having a radius of twelve (12) feet, the arc distance of eighteen and elghty.flve hundredths (18.85) feet to a point In the South side of a fifty (50) foot street; thence along the South side of said str.et, South 65 degrees, 14 minutes Welt, one hundred thirteen (113) feet to a polntl thence along the line of land now or formerly of the Lower Allen Development Company, South 25 degrees, 19 minutes East, seventy.flve (75) feet to a point In the division line between Lots Nos. 8 and 9 on said Planl thence along the division lln. b.twaan lots 8 and g, North 46 degrees, 56 minutes East, one hundred thlrty.four end slxty'on. hundredths (134.61) feet to a point in the West sid. of Chestnut Str..t, the point of place of beginning. BEING Lot No. B in the Plan of Lote of Robert T. Stoner and C. Herman Stansfield, which said Plan is recorded in the cumberland county Recorder's Office in Plan Book No.7, Page SO, as revised by , new plan recorded in Plan Book 9, Page 5. BEING premises 14 Chestnut Street, Camp,Hill. ...,...._..,......' ,....._4'..' ... ..,.. ..."..-...,- --. .,..,.. . , KIVITZ & KIVITZ, P.C. By: Jay E. Kivitz, Esquire ID# 26769 7907 Ogontz Avenue P.O. Box 27368 Philadelphia, PA 19118-0308 (2151 549-2525 Attorney for Plaintiff Mondrian Mortgage corporation Court of Common Pleas cumberland county v. Barry A. Bartholomew Phyllis M. Bartholomew No. 94-3958 civil Term AFFIDAVIT PURSUANT TO RULE 3129 Mondrian Mortgage Corp., plaintiff in the above action, sets forth that as of the date of the Praecipe for the writ of Execution was filed the following is the information concerning the real property located at 14 Chestnut street, Camp Hill, PA 17011: 1. Name and address of the owners or reputed owners: Barry A. Bartholomew and Phyllis M. Bartholomew 14 Chestnut street, Camp Hill, PA 17011 2. Name and address of defendants in the judgment: Barry A. Bartholomew and Phyllis M. Bartholomew 14 Chestnut street, Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be soldl None 4. Name and address of the last recorded holder of every mortgage of record: Mondrian Mortgage corp 13111 Northwest Freeway Houston, TX 77040 5. N~me 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: None. 6. Name and address of evsry other person who has any record interest in the property and whoss interest may be affected by the sale. None. 7. Name and address of every other pereon of whom the plaintiff has knowledge who has any interest in the property which may be affeoted by the sale. None. I verifY that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made sUbject to the penalties of 18 PA.C.S. relating to unsworn falsification to authorities. KIVITZ & KIVITZ, P.C. DATE I 5/2/95 Mondrian Mortgage Corporation vs Ilarry ^. Bartholomew and Phyllis M. Ilsrtholomew In the Court of Common Pleas of Cumberland county, Pennsylvania Writ NO. 94-395B Civil Term ll. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned Stayed due to Bankruptcy. Shoriff's CostSI Docketing Poundage Pos t ing Ilills Advertising (,aw Library County Mileage Cert Mail Postpone Sale Levy Surcharge Law Journal Patriot Posters 30.00 14.91 15.00 15.00 .50 1.00 21. B4 3.75 15.00 15.00 6.00 226.10 349.00 47.46 760.56 Pd. by Atty 8-22-95 TIIIS WRIT IS RETURNED ST^YED DUE TO BANKRUPTCY B-22-1995 Sworn and subscribed to before me this ;.!~ ~ day of 1995, A.D. So answerSI ~~~~:~~~tt bY!.) ...It. -, l..U-~v)1 Q...fl (l l-J........ Deputy \,tP C.It'",," \ REAL ESTATE SALE No: WlflHl@m On \'Y)~ /1. /1 r {' tho sheriff levied upon the defendanltj Interest In the real property situated In ,~LU.\ Q1.0. - ~'J........Q., Cumberland County, Pa" knf,',"i I "llfTlbBrod as:/~.~L. ~and moroll.,: ,I,. i' ,Il'fi L,hillll "A" fIlod Wlrl ttIIs writ and by this relcrenco 111(;:11 pIli ;:'1,,/1 Ill/Hlln. Date: 8 -II. 1 ~ By: () 1ft'll u.._A...fli1vJJk.- 13~1JF~~ \ilt ,'f, ".1"1,1 ., ~r., IIV 00 II II n~ :I~ I.;' , d;l,~O !I i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 94-3950 CIVIL 19 CIVIL ACTION. LAW .i I' ;1 I TO THE SHERIFF OF __~U_M~~"Hl~ANIl_-COUNTY: To sallsly the debt, InlelOsl and cosls due_~~~!~i~~_~orl[JtJ[Jl' CorportJtion PLAINTlFF(S) trom_l3tJrry A. tJnd !~~yl~_B_ M'_,I~tJrtholol11l'W, 14 Clwstnut Bt., CtJl11p Ilill PA 17011. __~_..________ _..._.._....___._~._"~____..n._____~__._,."_.._. ___.. ,_,____ DEFENDANT(S) (1) You are dlrecled to levy upon the properly 011 he delendanl(s) and to sell LllVY upon tlnd still the property described in the dtttJched 1egtl1 description. (2) You ara also dlrecled 10 allech the properly 01 the delendanl(s) nollevled upon In the possession 01 GARNISHEE(S) as lollows: and to nollly the garnlshee(s)lhal: (a) an allachment has bean Issued; (b) the garnlshee(s) Is/are enjoined Irom paying any debt 10 or lor the account 01 the delendanl(s) and trom delivering any properly 01 the defendanl(s) or otherwise disposing thereol; (3) II properly ollhe delendanl(s) not levied upon an subjecllo allachmenlls lound In the possession 01 anyone of her than a named garnishee, you are directed to notily him/her Ihal he/she has been added as a garnishee and Is enjoined as above slaled. Amounl Due Inleresl Atty's Comm Atty Paid Plalnllll Paid $03 , 922. 06 ,~___________'m from 5-5-95 LL $.50 $1.00 % Due Prolhy Other Costs $101.20 Dale: MtJY 9, 1995 LAWRENCE E. WELKER 'j PI,oianal/try, Civil Dlvlllon b, --t"''-P~ Deputy REQUESTING PARTY: Name ~y~. K i v Hz, E~lJ.!..._____ Address: __7907.Q9(]..Il_~~. !\"l',',!"PO _13011 27360 ,_,_l'llH'!!1l,JpJ!h'" ,",A _,_ J2.!LO-O 300 Attorney for: _,__1'1.<' II! t Iff Telephono:(f\5) c,4'J-Fl2'J Suprome CourllD No. 2(,711') . KIVITZ & KIVITZ, P.C. By: Jay E. Kivitz, Esquire IDII' 26769 7907 Ogontz Avenue P.O. Box 27368 Philadelphia, PA 19118-0308 12151 549-2525 Attornev for Plaintiff Mondrian Mortgage Corporation Court of Common Pleas Cumberland county v. Barry A. Bartholomew Phyllis M. Bartholomew No. 94-3958 civil Term AFFIDAVIT PURSUANT TO RULE 3129 Mondrian Mortgage Corp., plaintiff in the above action, sets forth that as of the date of the Praecipe for the writ of Execution was filed the following is the information concerning the real property located at 14 Chestnut street, Camp Hill, PA 17011: 1. Name and address of the owners or reputed owners: Barry A. Bartholomew and Phyllis M. Bartholomew 14 Chestnut street, Camp Hill, PA 17011 2. Name and address of defendants in the jUdgment: Barry A. Bartholomew and Phyllis M. Bartholomew 14 Chestnut street, Camp Hill, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: Mondrian Mortgage Corp 13111 Northwest Freeway Houston, TX 77040 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: None. '- . 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. None. I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made sUbject to the penalties of 18 PA.C.S. relating to unsworn falsification to authorities. '\ KIVITZ & KIVITZ, P.C. ~.c~ J E. iUv z, squ re A orn y for Plaintiff DATE: 5/2/95 ~ DATE: May 5, 1995 Mondrian Mortgage Corporation I I I Court of Common Pleas Cumberland County v. Barry A. Bartholomew Phyllis M. Bartholomew No. 94-3958 civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Barry A. Bartholomew & Phyllis M. I3drtholol11ew 14 Chestnut Street Camp Hill, PA 17011 Your house at 14 Chestnut Street, Camp Hill, PA. 17011 is scheduled to be sold at Sheriff's Sale on at 10:00 A.M. WEDNESDAY, SEPTEMBER 6, 1995 in the Office of the Sheriff of Cumberland County, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $83,922.06 obtained by Mondrian Mortgage Corp. 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 cancelled if you pay to MONDRIAN MORTGAGE CORP the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: JAY E. KIVITZ, ESQUIRE AT (215) 549-2525. 2. 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. 3. 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 notice on page two to find out 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. 1. 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 the Sheriff of Cumberland County, at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the valus of your property. 3. The sale will go through only if ths buysr pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of cumberland county at (717) 240-6390. 4. 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 nevsr happened. 5. 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. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on october 6, 1995. 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 distribution is wrong) are filed with the the Sheriff within ten (10) days after october 6, 1995. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE court Administrator cumberland county courthouse Carlisle, PA 17013 Telephonel (717) 240-6200 ..... , , , \,.,.... ALL THAT CERTAIN pIece or parcel of land and premIses, situate, lyIng and being In the TownshIp of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, mare particularly described as follows; BEGINNING at a point on the Hest side of Chestnut Street (formerly Forge Road), at the corner of Lot No. 9 In the hereInafter mentioned Plan of Lotsl thence along with West side uf Chestnut Street to the right by the arc of a cIrcle having a radius of one hundred thirty (130) feet, the arc distance of fIfty and twenty-nIne hundredths (50.29) feet to a poInt; thence cant- ulng along the Hest side of Chestnut Street, North 24 degrees, 46 minutes West, fourteen and fifty-three hundredths (14.53) feet to a point; thence by same to the left by the arc of a circle having I radIus of twelve (12) feet, the arc distance of eighteen and eighty-fIve hundredths (lB.B5) feet to a point In the South side of a fIfty (50) foot streetl thence along the South side of said street, South 65 degrees, 14 minutes West, one hundred thirteen (113) feet to a point; thence along the line of land now or formerly of the Lower Allen Oevelopment Company, South 25 degrees, 19 minutes East, seventy-fIve (75) feet to a point In the dIvIsion line between Lots Nos. Band 9 on said Plan; thence along the division line between lots e and g, North 46 degrees, 56 minutes East, one hundred thirty-four and sixty-one hundredths (134.61) feet to a point In the West side of Chestnut Street, the point of place of begInning. BEING Lot No. 8 in the Plan of Lots of Robert T. Stoner and C. Herman stansfield, which said Plan is recorded in the Cumberland county Recorder's Office in Plan Book No.7, Page 50, as revised by , new plan recorded in Plan Book 9, Page 5. BEING premisss 14 Chestnut Street, Camp .I1ill. ........-......... .....-...." ... . . .... ... .....-.....- -.-. .'...... ., ..... LAW OFFICES KIVITZ 81 KIVITZ, P.C. 7907 OGONTZ AVENUE P.O. BOX 27368 PHILADELPHIA, PA 19118.0308 (2111) 1l4\l.21l21l SEYMOUR KIVITZ JAY E. KIVITZ FACSIMILE (2 lIS) 0424'8002 August 15, 1995 Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Attention: Audrey Sherifrs Office RE: Mondrian Mortgllge Corp, v, Bllrry A. Bllrtholomew IInd Phyllis M. Bllrtholomew CCP, Cumberlllnd No, 94.3958 Civil Term 14 Chestnut Street, Cmnp Hill, PA DCllr Audrey: TIle above referenced property is currently schednled for sllle on September 6, 1995, Plellse stllY the sllle and remit II refnnd If IIppllclIble due to the fllctthllt one of the defendants have filed Bankruptcy. I will, most likely, have the Writ reissued when the Bllnkruptcy dismissed/discharged. Thank you for IIlerting me thllt the Bankruptcy was filed IInd for 1111 your help and consideration. VelY truly yours, KIVITZ & KIVITZ, P,C', 7 ){il-I-r mz,~, Stasy Howarth Legal Assistant SH:sp hum illSII' 17I'l'li IIlISlI7oI\ UNITED ST^TES B^NKIWPTCY COURT MIDDLE DISTI{lCT OF PENNSYLVANIA Inlk IlAltTIIOLOMEW,llAlmy A, 14 CIIESTNUT STlmET CAMP HlLL,PA 171111 95.111 5,HIIUW. I Chaptcr U NO. 94.3958 CIVIL TE~M I)EIlTOR(S) Sucial Sl'CUrity NII(s): 2116.32.49119 Emplllycr's Tux J.D. NII(s): NA DISCHARGE or DEIlT( IR Al'TER COMPLETION OF CHAlr)'m U PLAN It appearing thalthc dchlllr is cntitled tll a dischargc, IT IS ORDERED: Thl' dcbtllr is grantcd u dischargl' undl'!' S,'Clhlll I.nll(ul III' titlc II, Unilcd Stules Clltle. (Ihe lIunklUplcy Clldc), DUled: AUllust 14, 2(M11l IlY TIlE COllin HlIl1l'!'t J. WlIlld,id,' ('h,,'1 I 'Ilill'd Stall'S lIullknlJlh':Y Judgc SEE TilE 11,\('1\ OF TillS OImE" Hut 1\11'0"'1'''''''1' INFO"MATIO"'. tI!lc....U S ~0009~209~92[ IMHO 11111I HIKW ~.I'lllll11h'll 7/1N EXPLANATION OF BANKIHlPTCY IlISCIIAIHlE IN A CIIAI'I'Elt IH'ASI', Thi, l'lIllll unll'l gnllll~ 1I1lisdlllll!l' IlIlhl'I"'ISUIlIlIlIl1~IIIIS Ihl' lll'hlw 11111'1 Ihl' Ikhllll' hils l'UIIII'k'll'lIlIlI 1'01) 1I11'IIIs 1I1l1k'r thl'l'hlll'll'l 1,\ plllll, Ills nlll II lIisll1i~slll ul' Ih~ l'IIS1', ~:"Ik'l'lilllll' llisdllllgl'lIlll'hls I'l1lhihill'lI lh~ disl'halg~ pnlhihils III1Y 1I111'lI1plllIl'ulll'l'l hllllllh~ IIl'Ium IIl1l'1Ulhll1 hils hl'l'n IIlsdllll'g~II, hll rXlIlI1plr, a 1'll',1111II' is nUll"'llIIilll',lllIl'WIIIII'llIlkhlm hy 1I111i1, phww, m IIlhl'IWisl', III hll'tll l'unlinlll'IIII1WSllh, IUlIIlIIl'h wagl's m Ulhrllll\ll"'IIY,1II' IUIU~" uny ulhl." 1I1'Iiun IUl'OlIl'l'1 n lIisl'lllllgl'lIlldn 1'1111111111' lI\'1nll,,/III" 1',/,1,' jlll',,/dllg ",,11I11I1/1,;/1' 1"'''1'''//1': 11'1111'1'1.' III" IIlsu,sl"'cillll\lks Ihal PJ1ll1'l'ln'lwllIl'ulI1l1111l1hy PIIII"'I'IY uwn~11 hy lh~ Ilchlur's SI"IUSl', I.'l'l'n Illhlll SI"IUSl' Ihll nul 1111.' II hlln~lUpll'y 1'lIsl.',l A ITl.'lhhn WhUl'lUllIll.'s I lis mll~I','all h~ 11.'1(11111.'1110 I'"Y lIl1mllg~s 1Il1llllllunwy's 1'1'~S IlIlh~ lll.'hlur. ""W~llI, ~ 111~llhll 11101) 1111\1' Ihl' tighl hlllll'lIll'~ U l'olilllil'lI, Mll'IllI' Ilmllllgagl'lI' sl'l'lllil) Inll"I'~I, IIgllin,'l Ihl.' lll'hlm's plllpCl'ly lIf1c,lhl.' hlln~l\Ipll'y, II' Ihllllil'n WIIS 11lI11I1'1I11kll m l'Ilminlllcllln Ihl.' hlln~ruplcy ,'IISI.', Alsu, II lIl.'hlllr mllY l'ulunlllrily PllY IIny IIl.'hlllllll hilS I",cn lIlsdlll'gl.'ll. Dellis TIllllllre Illsl.'hal'gell 1111.' chllpler 1:\ dlschargl' II1dl.'r elimlnllles II dehlUr's legal uhligllllun In pay a lIehlIhulIs lIischargl.'d, Mnsl, hUI nul all, Iypl.'s uf dehls arc dlschw'ged If Ihe dl.'hl Is 11I111'11Il'tl fur hy Ihl.' chapler 1:\ plan u,ls dlsalluwed hy the COUll pursuanllO sl'Clion 502 of thl.' Bllnklllpley Codl.', Debls Ihut are NOI Discharged Some of Ihe common typl.'s Ill' dehls which arc nnl discharged In a chapler 1,1 hllnklllplcy l'ose arc: a, DeblS Ihol arc In Ihe nulure Ilf allmllny, II1l1intenlllll'e, III supplln; b, Debls fill' mosl sludenllollns; c, Dcbls fill' moslllnes, pl.'nahles, forfeitures, Ill' erhnlnol reslhullun nbllgallons; d, Debls for pl.'rSllllollnJuries or deolh eauscd by Ihe deblUr's openlllon of II nUlloI' vehicle wblle Inloxll.'lIled; 1.', Dchls fllllvllIcd for unde, sl'\:llol1 1:\22(h)(51 uf Ihe Bankruptcy OllIe IInd on which Ihe losl pllymenlls due after the date on which Ihe final payment unlll.'r Ihe plan was due; allll f. Debls for cenaln consumer Ilurehascs made ufler lhls hallklllpley CIISI.' was fill'd If prior appl1ll'al by the IlUslce of Ihe delllor's illeuning Ihe deb I was praclleoble bul WIIS nol ohlolncd, This Infonnatlun Is unly llllcncn.1 summary uf the hankrupll.'Y dlsdlHrllc, There lire exccptlllns tll these lIeneml roles, IICCIlUIie the IlIw Is cOInpllcated, yuu mllY wllnttu consultlln lI11urncy <ii'dettl'flllllc the exacl elfcct of the dlschal'Jle III this CIISC. . ':r~ w ~ ~, ~x.. 1--., ~- (1' .,' , ( \ I " \..", ~ "