HomeMy WebLinkAbout95-00961
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MELLON BANK, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
RICK L. WEAVER a/kla
RICKY LEE WEAVER a/kla
RICKEY L. WEAVER,
Defendants
NO: tj ~".- ()I-* I (!,(t:1_:1 -C,(/lfl..."J
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
COMPLAINT
AND NOW, comes Plaintiff, Mellon Bank, N.A., by its attorneys, Nauman, Smith,
Shissler & Hall, and files the within Complaint, representing in support thereof the following:
.,
I. Plaintiff, Mellon Bank, N.A., hereinafter ("Mellon"), is a national banking
association organized and existing under the banking laws of the United States of America with
principal offices at 10 South Market Square, Harrisburg, Dauphin County, Pennsylvania 17101.
2. The Defendant, Rick L. We.wer a/k/a Ricky Lee Weaver a/k/a Ricky L. Weaver,
(hereinafter "Defendant") is an adult individual whose last known address is 67 Linda Drive,
Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania, 17055-1517.
3. On or aboutJune 7, 1994, Defendant entered into an agreement whereby he borrowed
from Mellon and agreed to repay to it the sum of Forty Six Thousand Dollars ($46,000.00), plus
interest, and as security for the loan exccuted and delivered to Mellon his mortgage dated
I. '.
June 7, 1994, in the amount of Forty-Six Thousand Dollars ($46,000.00) mortgaging a tract of
land with a dwelling erected thereon located in Cumberland County, Pennsylvania known as 67
Linda Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055-1517. At all times
relevant hereto, Defendant was and remains the sole owner of the mortgaged property as fee
simple absolute. A description of the property is attached hereto, made a part hereof and
marked Exhibit" A". A copy of the Note evidencing the aforesaid agreement is attached hereto,
made a part hereof and marked Exhibit "B".
4. On June 9, 1994, said mortgage was recorded in the Office of the Recorder of Deeds
of Cumberland County in Mortgage Book 1217, Page 656, and this mortgage in the public
records is incorporated herein by reference.
5. The said mortgage was never assigned by Mellon and is still held by it as a valid and
subsisting obligation of Defendant.
6. Mellon believes and, therefore avers, that Defendant herein, is the only party in
interest in the land described herein as Exhibit" A".
7. Under the terms and conditions of the mortgage and promissory note, Defendant
agreed to make monthly payments 10 Mellon in the amount of Four Hundred Ninety-Seven
Dollars and Fifty Cents ($497.50), beginning July 30, 1994 and payable on the 30th day of each
successive month there.1fter.
.
. '.
8. Defendant has breached the terms and conditions of the mortgage and promissory no Ie
and has defaulted under their terms and conditions in that he has failed to make the required
monthly payment in accordance with the terms thereof.
9. Defendant is presently indebted to Mellon in the amount of Forty-Nine Thousand
Twenty-One Dollars and Four Cents ($49,021.04) itemized as follows:
Principal Balance
$ 46,000.00
2,961.04
Interest to 01/17/95
(per diem 12.59)
Late Charges
60.00
TOTAL DUE
$ 49,021.04
10. Defendant also agreed under the terms of the mortgage and note that in the event of
default thereunder he would pay. in addition to the charges listed in paragraph 9 above,
attorneys' fees and costs incurred by Mellon as a result of Ihe institution of these legal
proceedings.
II. The obligation owed by Defendant to Mellon continues to accrue interest thereon at the
rate of ($12.59) per day beginning January 18, 1995, through the dale of judgment.
12. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of
December 23, 1983, P.L. 385 No. 91, 35 P.S. ~1680.40Ic !j ~. Notices of Intent to
Foreclose and of Defendant's rights under said Act were forwarded to Defendant
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dated Deccmbcr 14, 1994, first c1uss mull, nddressed In J{iek L. Weaver, 67 Linda Drive,
Mcchanicsburg, I'ennsylvunia, 1705:'i-1517. A cnpy uf the aforesaid Nntice is att.1ched hereto
and marked Exhibit "C". A copy of the mulling receipl, Illlslal forms 3817, evidencing the
malling of said NOllcc is attached herein nnd murked Exhihlt "0". Defendant received delivery
of said Notices on December 17, 1994, See 35 I'.S. ~ I 680.404c(e). Mellen believcs, and
thcrcfore avcrs, that Dcfendunl has nutllpplled fur asslslllnce under the Act.
13. Pursuant to the AClufJlInuury 30,1974, P.L. 13, Nu. 6, 411'.S. ~101 ~gg., and
in particular 6403 thereuf, Mellon gave wrillen nut ice lu Defendant of its inlentto foreclose by
a Ictter daled December 14, 1994, addressed to Rick L. Wc.wer, 67 Linda Drive,
Mechanlcsburg, Pennsylvania, 17055-1517, certified mall, return receipt requested Nos. 1'-125-
161-871 rcspectlvely. A cupy of said nOllce Is allllched hereto, made a part hereof, and marked
Exhibits "E"
14. Defendant received delivery uf the aforesaid notice as evidenced by the signed
certified mail receiptattuched herein, made u part hereof, and marked Exhibit "F".
15. As set forlh ahove, Mellun hus made repc.1ted demands upon Dcfendant herein, to
cure the default under the nforesaid morlgage and promissory note, howevcr, Defendant has
refused and failed and cunllnues to refuse and 10 nlil to cure this default.
-,
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If you a!lend a Iilce'lo-face meeting with this lender, or with a consumer credit (;ounseling
agency idenlificd in this nOlice, no further proceeding in mortgage foreclosure may take place
for thiny (30) days after the dale of that mecling.
The llalne, address and telephone number of Ihe Bank's rcpresentative is:
Craig J. Staudenmaier, Esquire
NAUMAN, SMITH, SmSSLER & HALL
200 North Third Street
Harrisburg, Pennsylvania 17108
Telephone: (717) 236-3010
The names and addresses of designated consumer credit counseling agencics arc shown on
Ihe allached shcct. It is only necessary to schedule one face-to-facc meeting. You should advise
this lender immcdiately of your illlcntions.
Ynnr IIIl111guge is in defllnlt because you have fililed to pay promptly installmcnts of
principal and imerest, as required, for a period of at least sixty (60) days. The tolal amount of
the delinquency as of the above date is $2547.50. That sum includes Ihe following: principal,
imerest. escrow :lItd late charges,
If you have tried and are unable to resolvc this problem at or after your filct-to-face
meeting, you have the right to apply lor financial assislance from the Homcowners' Emergency
Mortgage Assistance Fund, In order to do this, you must fill out, sign and file a completed
Homeowners' Emergency Ass.istance Application with one of Ihe designated consumer credit
counseling agencies listed on the allachment. An application for assistance may only bc obtained
from a consumer credit counseling agency. The consumer counseling agency will assisl your
completed application to the Pennsylvania l'lousing Finance Agency. Your application must be
filed or postmarked, within thirty (30) days of your face-to-filee meeting.
It is extremelv important thut von file UII ullIllicatioll pl"Onllltlv. If vnn dn nnt tin so,
m' if \'Oil do nnt fnllnw the other time periods set fm1h in this lettel', foreclnsure lilliI'
prnceed nl!uinst vonr home immediatelv,
Available funds for emergency mortgage :lssislanee are very limited. They Ilill be
disbursed by the Agency under the eligibility criteria cSlablished by the Act.
It is extremely importalllthat your application is accurate and complete in every respect.
The counseling agency will help you to fill out the application. The Pennsylvania Ilousing
Finance Agency has sixty (60) days to make a decision aftcr it receives your :Ipplieation. During
that additional time. no liJreclosure proeecdings will be pursued againsl you if you have melthe
time requirements set forth above. You will bc notified directly by Ihal agency of ils (k'cision
on your applie:uion.
The Pennsylvania 1I0using Finance Agency is localed at: 2101 North Front Slreel, P.O.
!lox S02lJ, IIarrishurg, Pcnnsylvania 17105. Telephone No: (717) 7XO.31l00 or I,XOO,342,23lJ7
(toll free number). Persons with impaired hearing can call I,SOO.342.23lJ7.
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LA'^' On:"ICl:o
NAlTl'IAN. Sl'IITII. HIIIHHllllJ11 a IIAI"I.
DAVID C. EATON
BPCNCER 0 "AU"'''''. oJ"
.JOHN C. DULLIYAN
J. eTCPHCH P'CINOUR
CRAIO oJ OTAUOCNMAIER
lutH FLoon
200 NauTH THIRD STRr.r:.T
P 0, UOlo: 640
HAARl5BURO. PENNSYLVANIA 1710e-0840
Tr.U;PHONI::
'7171 Z:JO.:JOIO
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(711\ Z:J4.,QlO
COUNel:L
RALPH W. BOYL.Ea, .JR.
IIENJAM1N C. DUN""'" ,In
STEPHEN ,J. KEENI'
IMPORTANT: NOTICE OF DEFAULT AND INTENT TO FORECLOSE UNDER ACT 6
Decenmer 14, 1994
In Re: Mellon Bank, N.A.
Account No. 414-4002499
Address:
of Mortgaged:
Property:
67 Linda Drive
Mechanicsburg, PA 17055-1517
TO: Rick L. Weaver
FROM: Mellon Bank, N.A. (formerly The Co=onwealth National Bank)
THIS IS A NOTICE OF DEFAULT AND OF
N.A. TO FORECLOSE ON YOUR MORTGAGE.
NOTICE.
THE INTENT OF MELLON BANK,
PLEASE READ ALL OF THIS
The Bank holds a Note which is signed by Rick L. Weaver and
dated June 7, 1994 in the original amount of $46,000.00. The Bank
also holds a mortgage on a residence at the above address, securing
the agreement.
The mortgage and your Note are in serious default because vou
have failed to pav when due monthlv installments of principal and
interest and escrow in the amount of $497.50 each for the months of
August, September, October, November and December and late charqes
of $15.00 for the months of August, September, October and
November. THE TOTAL AMOUNT YOU NOW OWE IS $2547.50.
If the Bank does not receive full payment from you by December
31, 1994, you must add an additional $497.50 for the monthly
installment due on the following day. If the Bank does not receive
full payment of the total described above from you by December 15,
1994, you must add an additional late charge of $15.00.
'1
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Y~u ~ ~E ~E D~FAULT and restore the mortqaoe and agreement
t~ th", ~ClI~ uo~i:~~;o~s if tf~ d~fa~it had not occurred bv oavino
t us i f 11 h nt of _3045.00 WITHIN THIRTY (30) DAYS after
the date of the notice. A~ additional $15,00 will be due if paid
after December 15. 199A.
Payment of the amount of overdue monthly installments, now
totaling $24B7. 50 (plus any installment becomes due befOre the Bank
receives payment, as provided above) must be made by cash.
cashier's check. or certified check. Late Charges, now totaling
$60.00 may be paid by cash or personal check.
Payment must be made at the offic~s of Nauman, Smith, Shissler
& Hall, 200 North Third Street, Harrisburg, Pennsylvania between
the hours of B:30 am and 5:00 pm, Monday through Friday, or by mail
addressed to Craig J. Staudenmaier, Esquire, Nauman, Smith,
Shissler & Hall, P.O. Box B40, Harrisburg, PA 1710B.
If payment is not received within THIRTY (30) DAYS AFTER THE
DATE OF THIS NOTICE, THE BANK MAY, WITHOUT ANY FURTHER NOTICE TO
YOO, DO ANY OF THE FOLLOWING:
(1) ACCELERATE THE MATURITY DATE OF THE MORTGAGE AND DECLARE
THE ENTIRE moUNT OF THE UNPAID PRINCIPAL BALANCE of the mortgage,
which is now $46,000.00 and all other sums due under the mortgage
TO BE IMMEDIATELY DUE AND PAYABLE. This means that, unless you
cure the default in accordaw.:e with this notice, you could
immediately owe to us this full sum, plus other sums that may then
be due.
(2) BEGIN LEGAL PROCEEDINGS TO FORECLOSURE OPON THE MORTGAGE
IN WHICH PROCEEDINGS THE SHERIFF MAY SELL THE HOOSE SUBJECT TO ITS
MORTGAGE.
(3) TAKE POSSESSION OF THE PROPERTY, and proceed to have vou
ejected from the property.
(4) SUE YOU PERSONALLY FOR THE SAID UNPAID PRINCIPAL BALANCE
and other sums due under the Mortgage and/or Agreement.
WARNING: If you pay the amount more than thirty (30) days
after the date of this notice, and the Bank has referred
this matter to its lawyers for legal action, you may have
to pay an attorney's fee of up to $50.00 and the cost of
the title search and report, in addition to the other
amounts due, in order to cure the default. Furthermore, if
you pay the amounts due more than thirty (30) days after
the date of this letter and the Bank's lawyers have started
legal proceedings, you may have to pay additional legal
expenses, including court costs and attorney's fees that
may exceed $50.00, in order to cure the default.
~i. ~t.P,'~'~;'.m. 1 ,ndlo. 2 10. .ddlllon.1 ..rvl"~r :. ~ ,~~~.. '-~"~'~-~~h 'D;r~ OIVO'th. 1
!11 . Campi,,, 11,m. 3. .nd 41 & b. n' " U following lervlces (for en ox'ra I
C . Print VOUf "1m. .nd .dd,u. on the "VI'" Df U Dlm.o thlt w. cln foel: . !
CD relum thll (lId 10 you, :, I
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.s . W,lle "Rllum R.cllpt R.qUIII.d" on the m.Upllcl below the .rtlel. number 1
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VERIFICATION
I, Robert J. BrowlI, Assist.1l1t Vice President, Mellon Bank, N.A., Plaintiff, in the
foregoing proceeding, making the following statement subject to the penalties of 18 Pa. C.S.
~4904, relating to unsworn falsifications to authority, and do state that as Assist.lIIt Vice
President of Mellon Bank, N .A., I am authorized to make this statement on behalf of Plaintiff
and that the facts set forth in the foregoing Complaint are true and correct to the best of my
knowledge, information and belief.
//~ '1 '1 )
ctkc'u.<.OJI/-
Robert 1. Brown
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SI1ERIFF'S RE'lURN
C(M.1(lIIWEAL11l OF PENNSYLVANIA:
COJNTY OF ClMBERLlIND
In The Court of Cannon Pleas of
Cunberland County, Pennsylvania
No. 95-961 Civil Term
Canp1aint in Mortgage Foreclosure
and Not ice
Mellon Bank, N.A.
Rick L. WeavMS a/k/a Ricky Lee Weaver,
a/k/a Rickey L. Weaver
Timothy Reitz
, ~Xor Deputy Sheriff of
CUmberland County, Pennsylvania, who being duly sworn according to law, says,
that he served the within Canplaint in Mortgage Foreclosure and Notice
Rick L. Weaver a/k/a Ricky Lee
Upon Weaver a/k/a Rickey L. Weaver , The defendant at 11:35 0' clock
A .M. EST I mIXJ(, on the 1 day of March , 1995 at
67 Linda Drive. Mechanicsburq ,CUmberland County,
Pennsylvania, by handing to Rick Weaver
a true and attested copy of the Ccmplaint in Mortgage Foreclosure and Notice
and at the sane time directing his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
5.04
So answers:
~{?/' /,/4
r ~:{;.,r..ti~;~'l'...c.1'-~
2.00
25.04 Pd. by Atty.
3-08-95
R. Thomas Klll1e, Sheriff
by
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.J- t/.:;J'V'~,r-. ~~
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Deputy Sheriff
Sworn and subscribed to before me
this N ~ day of 7/1/.A,IJ
19 9': A.D.
C\ ...,'. C. )'hq'-QL~
7/
Prothonotary
,J)lJr.;.
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l_^w OrTlc.C!J
N4;\.1Tl'l,\.N, Sl'JlTlI, HnINHJ4;llJII a: 114\.14;14;
IUlII rl.OOU
DAVia C. EA1D"
SPI:NCI:R O. NAUMAN, .m.
,JOHN C. I5ULLIVAN
,J, STEPHEN rl:lNOUR
CAAIG ,J. STAUDENMAII:A
200 UOUUi rtUflO StlfU.l
Po O. 00_ U.IO
HARRlSUURO, PI:NNQYLVANIA 17100' 0040
Tt:Lt:PUOHL
Pl71 Z:JO.:JOIO
TLLL,...."
17171 2:JA'IDZ~
BEN"'A"'IN C. DUNLA~ "'R.
LoTEPHEN .... ll.EI:NE
cou...aEL.
RALPH W. bOYLES, ."A.
September 19, 1995
CERTIFICATE OF MAILING
Rick L. Weaver
67 Linda Drive
Mechaniesburg, PA 17055-1517
RE: MELLON BANK, N.A. v. RICK L. WEAVER
CUMBERLAND COUNTY C.C.P. No. 95-961 Civil Tenn
Dear Mr. Weaver:
I am enclosing herewith a Notice ofIntentto take Default Judgment as required by Pa. R.C.P.
237. I. As you are aware, you were served with a Complaint by the Sheriff of Cumberland County on
March I, 1995. You were required to respond to this Complaint within twenty (20) days, or by March
I I, 1995, and you have failed to do so. Please be advised that if you desire to take any action in this
proceeding, you must do so within ten (10) days of this letter and notice or by September 25, 1995 or
a Default Judgment will be entered against you.
If you have any questions concerning this proceeding, I urge you to contact the Lawyer Referral
Service at the address and telephone number set forth in the accompanying notice.
CJS/mlc
Enciosure
cc: Rebecca Blazina
Linda A. Clotfelter, Esquire
RICK L. WEAVER,
Defendant
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
v.
: TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-961
MELLON BANK, N.A.,
Plaintiff
IMPORTANT NOTICE
TO: RICK L. WEAVER
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN
APPEARANCE PERSONALLY OR BY AN ATIORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAISNT YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER
TO YOUR LAWYER AT ONCE. IF YOU DO NOT I'IAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW 'TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
COURT ADMINISTRATOR
Cumberland County Courthouse
I Courthouse Square
4th Floor
Carlisle, PA 17013
Telephone No.: (717) 240-6200
...
NOTICIA IMI'ORTANTE
TO: RICI{ L. WEAVER
USTED NO HA CUMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN
TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO
DE DIEZ (10) DlAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SEA
REGlSTRADO CONTRA USTED SIN UNA AUDlENCIA Y USTED PODRIA PERDER SU
PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA
A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE
ABOGADO. VA Y A 0 LLAME A LA OFICINA ESCRITA ABAJO PARA A VERIGUAR EN DONDE
USTED PUEDE OBTENNER LA A YUDA LEGAL.
COURT ADMINISTRATOR
Cumberland County Courthouse
I Courthouse Square
4th Floor
Carlisle, PA 17013
Telephone No.: (717) 240-6200
NAUMAN, SMITH, SIIISSLER & HALL
~~
t I dcnll1nicr. ESllllirc
rt I D 1134996
200 North Third Street
P.O. Box 840
Ilnrrisbllrg, PA 17108
(717) 236-3010
Counsel for: Mellonllank, N.A., Plaintiff
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MAY BE USED FOR DOMEsnc AND INTERNATIONAL MAIL. ODES NOT
PROVIDE FOR INSURANCE-POST
R."IYld F,om: tr"4.1
PS Form 3817. MOl, 1889
CPO I 1993 0 - 151-0~1
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MELLON BANK, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 95-961
kICK L. WEAVER a/k/a
RICKY LEE WEAVER a/kla
RICKEY L. WEAVER,
Defendant
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE OF JUDGMENT
TO: RICK L. WEAVER a/k/a RICKY LEE WEAVER alkla RICKEY L. WEAVER
You are hereby notified that on ((! 9 C) u..L.L / <..., ,1995, the following
judgment has been entered against you in the above captioned case:
Judgment in favor of Plaintiff, Mellon Bank, N.A., and against Defendant, Rick L.
Weaver a/kla Ricky Lee Weaver a/kla Rickey L. Weaver in the amount of $49,021.04, plus
interest in the amount of $12.59 per day from January 18, 1995, plus costs, attorneys fees and
for foreclosure and sale of the mortgaged property located at 67 Linda Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17055-1517. Judgment was entered pursuant to Pa. R.C.P.
1047 for failure of Defendants to file an Answer to Plaintiffs Complaint within twenty (20) days
of service thereof.
-
Dated: /0 (Q C(J
Rick L. Weaver
67 Linda Drive
Mechanicsburg, PA 17055-1517
-
A RICK L. WEAVER a/k/n RICKY LEE WEAVER n/k/n RICKEY L. WEAVER.
Defendidos/as
Por este medio se Ie esta notifieando que el de
del 1995, ellla siguiente Fallo ha side anotado en contra suya en el caso mencionado en el
epigrafe.
FECHA:
Protonotario
Certificoque la siguiente direceion es la del defendido/a segun indicada en el certificado
de resideneia:
Rick L. Weaver
67 Linda Drive .
Meehanicsburg, PA 17055-1517
Abogado del Demandante
NAUMAN, SMITH, SHISSLER AND HALL
enmaler, Esquire
rt 10# 34996
200 North Third Street
P.O. Box 840
Harrisburg, PA 17108-0840
Telephone: (717) 236-3010
Counsel for: Mellon Bank, N.A.. Plaintiff
Date: October 5, 1995