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HomeMy WebLinkAbout02-3374GOMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUM~]~{1,2LRD - 2. O NOTICE OF JUDGMENTO'RANSCRIPT Mag. Dist. No.: -- 1- 0~'~-~- DJ Name: Hen. ~~.~ CHARLES A. CT.EMEI~, ,JR. ~o~,s: 400 BR'rDGE STREET OLDE TOWNE COI~ONS -SUTTE 3 NEW CUMBB~-~,ND, PA Telephone: (717) 774-5989 17070 ANDREW GOULD DMD P.O.B 11848 C/O KNUPP KODAK & IMBLUM HARKISBUKG, PA 17108 THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) CIVIL CASE PLAINTIFF: NAME and ADDRESS P.O.B 11848 C/O KNUPP KODAK & IMBLUM ~RKISBGRG, PA 17108 VS. DEFENDANT: NAME and ADDRESS F-pAULHAMUS, TEP~ESA 940 30TH ST CAMP HILL, PA 17011 0ocket No.: CV-0000213-02 Date F ed: 4/11/02 D~FAI~LT .Juu~NT PLTF Judgment was entered against: (Name) pia,~r,~l~,~lR: q'RR~. in the amount of $ (Date of Judgment) ~1 Defendants are jointly and severally liable. [] Damages will be assessed on: r-]This case dismissed without prejudice. ~-~ Amount of Judgment Subject to AttachmentJAct 5 of 1996 $ [] Levy is stayed for days or [~1 generally stayed. ]Objection to levy has been filed and hearing will be he!d: (Date & Time) Amount of Judgment $ 1,126.0(] Judgment Costs $ 84.5~ Interest on Judgment $ o 0~ Attorney Fees $ .0(~ Total $ 1,210.5(] $ Post Judgment Credits Post Judgment Costs Certified Judgment Total Date; Place: Time: , 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 HOTICE OF APPEAL. MAY29 2002 Date ~ (~. ~7~/.z.'~:::~- - .District JustiCe tl certify that this is a true and cor.~,,py of the recor~e~ proceedings containing the judgment. UL 1 1 2002 Date ~'~ ~/~'l,'u-.~ ~ ~ __, District Justice! (SPECi~f~LY SITTING ~0R' DISTRICT JUSTICE CHARLES A CLEMENT ~R.) My commission expires first Monday of January, 2008 SEAL AOPC 315-99 ~(NUPP & K~ p. C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST ) COMPANY dPo/a M&T BANK successor by ) NO. 02-3474 CIVIL TERM merger to KEYSTONE FINANCIAL BANK, N.A., ) f/k/a FINANCIAL TRUST COMPANy, ) Plaintiff ) ) DEER RUN APPALACHIAN CAMP ) GROUND, LLC, ) CONFESSION OF JUDGMENT Defendant ) PRAECIPE FOR WRIT OF EXECUTION UPON A CONFES ED JUDGMENT To the Prothonotary/Clerk of Courts: Issue a writ of execution upon a judgment entered by confession in the above matter, 1. directed to the SherhTofCUMBERLAND County; 2. against, Deer Run Appalachian Campground, L.L.C., Defendant; and 3. against 4. and index this writ , garnishee; (a) against _ Defendant and (b) against as garnishee, as a lis pendens against real property of the defendant in name of garnishee as follows: To satisl~ the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the property known as 111 Sheet Iron Roof Road, South Middleton Township, Cumberland County, Gardners, Pennsylvania (Tax Parcel No. 40-13-0124-023) as described in the attached description. Amount due Unpaid Principal $203,401.17 Interest 1,639.03 Late Charges 2,350.04 Attorney's Collection Fee Pursuant to Note (10%) 20.504.09 TOTAL $227,894.26 plus costs of this suit, continuing interest accruing at the rate of $37.26 per diem and late charges equal to 5% for each payment received 15 or more days past the payment due date, arising subsequent to 6/27/02 Dated: SOMACH & WESTER DENISE L. WESTER, ESQUIRE Attorney I.D. No. 58921 Attorney for Plaintiff 1132 Hamilton St., Suite 201 Allentown, PA 18101 (610) 432-2244 CONFESSION OF JUDGMENT CERTIFICATION I certify that (a) The Praecipe is based upon a judgment entered by confession, and (.XX ) (b) Notice has been served pursuant to Rule 2958. ! at least thirty days prior to the fding of this praecipe as evidenced by a return of service fried of record. ( ) (c) Notice will be served with the writ of execution pursuant to Rule 2958.3. (__) (d) Notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 2958.2. (__.) (e) Notice was served in connection with a prior execution on this judgment and, pursuant to Rule 2958.4(b), no further notice is required. ( ) (f) Notice is not required under Rule 2956.1(c) because a petition to open or strike the judgment was previously filed. Dated: SOMACH & WESTER DENISE L. WESTER, ESQUIRE Attorney I.D. No. 58921 Attorney for Plaintiff 1132 Hamilton St., Suite 201 Allentown, PA 18101 (610) 432-2244 NOTE: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (Pa. R.C.P. No. 3129) If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST ) COMPANY d/b/a M&T BANK successor by ) merger to KEYSTONE FINANCIAL BANK, N.A., ) f/k/a FINANCIAL TRUST COMPANY, ) ) Plaintiff ) VS. ) ) DEER RUN APPALACHIAN CAIVIP ) GROUND, LLC, ) ) Defendant ) NO. 02-3474 CIVIL TERM CONFESSION OF JUDGMENT AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers and Traders Trust Company dIb/a M&T Bank successor by merger to Keystone Financial Bank, N.A., f/k/a Financial Trust Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was fried the following information concerning the real property located at 111 Sheet Iron Roof Road, South Middleton Township, Cumberland County, Gardners, Pennsylvania (Tax Parcel No. 40-13-0124-023) (description attached). 1. The name and address of Owner(s) or Reputed Owner(s): Deer Run Appalachian Campground, L.L.C. 111 Sheet Iron Roof Road Gardners, PA 17324 2. The name and address of Defendant(s) in the judgment: Deer Run Appalachian Campground, L.L.C. 111 Sheet Iron Roof Road Gardners, PA 17324 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Manufacturers and Traders Trust Company d/b/a M&T Bank successor by merger to Keystone Financial Bank, N.A. f/k/a Financial Trust Company 601 Dresher Road Horsham, PA 19044 Manufacturers and Traders Trust Company d/b/a M&T Bank successor by merger to Keystone Financial Bank, N.A. f/k/a Financial Trust Company vs. Deer Run Appalachian Camp Ground, LLC Term No. 2002-3474 Entered: July 22, 2002 $227,894.96 4. The name and address of the last recorded holder of every mortgage of record: Manufacturers and Traders Trust Company dgo/a M&T Bank successor by merger to Keystone Financial Bank, N.A. f/k/a Financial Trust Company 601 Dresher Road Horsham, PA 19044 Dated: January 7, 1998 Recorded: February 12, 1998 Cumberland County Mortgage Book Volume 1431, Page 611 $230,000.00 5. Name and address of every other person who has any record lien on the property: 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 Plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Judy A. Campbell, Tax Collector 6 Hope Drive P.O. Box 300 Boiling Springs, PA 1700%0300 Cumberland County Domestic Relations and Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and beliefi 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. Dated: ~ -J't~~ ~ SOMACH & WESTER DENISE L. WESTER, ESQUIRE Attorney I.D. No. 58921 Attorney for Plaintiff 1132 Hamilton St., Suite 201 Allentown, PA 18101 (610) 432-2244 ALL THAT tract of real estate with improvements, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: ADJOINING lands of James A. Miller, hereinafter referred to as Tract No. 2 and 3, land of the South Mountain Land Company, and others, containing 7 acres, more or less; the said land being the same which Charles W. Otto and Sallie A. Otto, his wife, by their deed dated the 4t~ day of June, 1907, sold and conveyed to James A. Miller in fee. TRACT NO. 2: BEGINNING at a point, the comer of lands formerly owned by Z.T. Meixel and lands formerly owned by C.W. Ahl; thence South 49 degrees East 68 perches through a tract of which this tract was originally a part, to a post; thence by lands formerly ofC.W. Ahl and D.V. Ahl, South 40 degrees West 68 perches to a post; thence by Tract No. 3, hereinafter described, North 49 degrees West 71.5 perches to a post; thence by lands formerly ofC.W. Ahl, North 49 degrees East 23 perches to the place of the BEGINNING. CONTAINING 10 acres, more or less. TRACT NO. 3: BEGINNING at a point, the comer of Tract No. 2, hereinbefore described; thence by land formerly of C.W. Mai, South 49 degrees West 27.5 perches to a post; thence by lands formerly ofC.W. Ahl and D.V. Ahl, South 49 degrees East 74 perches to a pot; thence by the same, North 40 degrees East 27.5 perches to a post; thence by Tract No. 2 hereinbefore described, North 49 degrees West 71.5 perches to apost, the place of BEGINNING. CONTAINING 12 acres, more or less. BEING THE SAME premises which L. Edward Moyer, II, by Deed dated May 17, 1996, and recorded June 28, 1996, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 141, Page 905, granted and conveyed ½ interest in the property to Deer Run Appalachian Campground, L.L.C. ALSO BEING THE SAME premises which CarolA. Bolden and Sandra L. Donsen, Co-Executrices of the Estate ofLaveme E. Moyer, deceased, by Deed dated February 5, 1998 and recorded February 12, 1998, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 172, Page 8, granted and conveyed ½ interest in the property to Deer Run Appalachian Campground, L.L.C. TAX PARCEL NO. 40-13-0124-023 IMPROVEMENTS THEREON CONSIST OF 225-SITE CAMPGROUND WITH STORE, LAUNDRY, SHOWER ROOMS, POOL AND OTHER BUILDINGS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW MANUFACTURERS AND TRADERS TRUST ) COMPANY d/b/a M&T BANK successor by ) merger to KEYSTONE FINANCIAL BANK, N.A., ) f/k/a FINANCIAL TRUST COMPANY, ) Plaintiff VS, DEER RUN APPALACHIAN CAMP GROUND, LLC, Defendant NO. 02-3474 CIVIL TERM CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO Pa. R.C.P. 3129.2 TO: DEER RUN APPALACHIAN CAMP GROUND, LLC 111 SHEET IRON ROOF ROAD GARDNERS, PA 17324 Your real estate at 111 Sheet Iron Roof Road, South Middleton Township, Cumberland County, Gardners, Pennsylvania (Tax Parcel No. 40-13-0124-023) is scheduled to be sold at Sheriffs Sale on March 5, 2003, at 10:00 a.m., in the Cumberland County Commissioner's Hearing Room of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the Court judgment of $227,894.26 obtained by Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the Sheriff of Cumberland County, all presently and past due mortgage payments, all late charges or penalties, all reasonable attorney's fees due as well as reasonable costs of proceeding to foreclosure actually incurred. To find out how much you must pay, you may call: Denise L. Wester, Esquire, Somach & Wester, attorneys for Plaintiff, at (610) 432-2244. 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 on, the more chance you will have of stopping the sale. (See notice on page 3 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. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriffof Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the ale if the bid price is grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call the SheriffofCumberland 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 never happened. 5. You have a right to remain n 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 Sheriffon a date specified by the Sheriffnot later than thirty (30) days after 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 d/stribution is wrong) are filed thereto within ten (10) days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately aRer the sale. YOU HAVE SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 OR (800) 990-9108 SOMACH & WESTER DENISE L. WESTER, ESQUIRE Attorney I.D. No. 58921 Attorney for Plaintiff 1132 Hamilton St., Suite 201 Allentown, PA 18101 (610) 432-2244 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-3474 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satis~ the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY D/B/A M&T BANK SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., F/K/A FINANCIAL TRUST COMPANY, Plaintiff (s) From DEER RUN APPALACHIAN CAMP GROUND, LLC, 111 SHEET IRON ROOF ROAD, GARDNERS, PA 17324 (1) You are directed to levy upon the proper~ of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y°u are als° directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If pr°perry of the defendant(s) not levied upun an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 227,894.26 L.L. $.50 Interest $37.26 PER DIEM AND LATE CHARGES EQUAL TO 5% FOR EACH PAYMENT RECEIVED 15 OR MORE DAYS PAST THE PAYMENT DUE DATE, ARISING SUBSEQUENT TO 6/27/02 Atty's Comm % Due Prothy $1.00 Atty Paid $37.00 Other Costs Plaintiff Paid Date: SEPTEMBER 24, 2002 (Seal) REQUESTING PARTY: Name DENISE L. WESTER, ESQUIRE Address: 1132 HAMILTON ST., SUITE 201 ALLENTOWN, PA 18101 CURTIS R. LONG Prothono~ ~ Deputy Attorney for: PLAINTIFF Telephone: 610-432-2244 Supreme Court ID No. 58921