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HomeMy WebLinkAbout00-07134 '" 1 -I, .1, ") . EARL G. FOLLETT, and JOAN L. FOLLETT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ~ (X)- '7/J'l - CIVIL 2000 ROBERT A. MCALLISTER and SARAH R. MCALLISTER, Defendants CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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 SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. (u#lMieLA0J C€>U/./TY b~ M'~~ 02. L;c~~ A-Ye,v~ Ce~~~ AaminiaL~gLa~ 4. 't11 Fleer, S---1-..9rl:i.RB Ce\iR'EjI COtl~ tl......Wi:tfd Carlisle, PA (717) 249 &260- ~W-3/~ t t EARL G. FOLLETT, and JOAN L. FOLLETT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. #tl-1/3'f - CIVIL 2000 ROBERT A MCALLISTER and SARAH R. MCALLISTER, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiffs by their attorney, George A. Vaughn, III, who files the following Complaint, in support of which it is averred that: 1. Plaintiffs, Earl G. Follett and Joan L. Follett, are husband and wife, adult individuals residing at 306 Fifteen Street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendants, Robert A. McAllister and Sarah R. McAllister, are adult individuals, husband and wife, whose last known address is RR #1, Box 1277, Elliottsburg, Perry County, Pennsylvania. 3. On or about May 22, 1996, Defendants made and delivered to Plaintiffs a Note providing for certain payments therein and having a maturity date of June 1, 1999. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A". 4. The Note was secured by a purchase-money Mortgage which encumbered real property located at 202 Bridge Street, New Cumberland, Cumberland County, Pennsylvania (hereinafter "property"). 5. The Property consists of a three-unit rental property previously owned by Plaintiffs and sold to Defendants on May 22, 1996. 6. Despite the fact that the maturity date of the Note has C:\L WDRK\MISC\D091400H.WPD , ~~h,i ,,' " -&; r arrived, Defendants have failed and refused to pay the outstanding balance due as of the maturity date. 7. Prior to the maturity date of the Note, Defendants made payments of the principal and interest to the Defendants under the Note, and those payments were properly credited by Plaintiffs to the principal and interest obligations of the Defendants. 8. As of the maturity date of the Note, after having been given credit for payments made, Defendants were indebted to Plaintiffs under the Note in the principal amount of $16,129.10. 9. Interest has continued to accrue on the unpaid obligation of Defendants at the daily rate of $4.0323 in accordance with the terms of the Note. 10. Since the maturity date of the Note, Defendants have tendered two payments to the Plaintiffs each in the amount of $245.97, one on or about August 31, 1999, and one on or about November 31, 1999. 11. The Plaintiffs have refused to accept either of the payments. 12. On or about April 13, 2000, Plaintiffs gave to Defendants written notice of default under the Note in accordance with the terms of the Note. A true and correct copy of such written notice is attached hereto and incorporated herein by reference as Exhibit "B". 13. The provisions of the Act of December 23, 1983, P.L. 385, No. 91, as amended Pa.C.S. Section 1680.401c, et seq., are not applicable to this transaction for one or more of the following reasons: A. The Property encumberd by the Mortgage given as C:IL WQRK\MISCID091400H.WPD - 2 - ~ro-i security for the Note is not the principal residence of the Defendants, B. The Property encumberd by the Mortgage given as security for the Note is not a one or two-family, owner occupied residence. C. The Plaintiffs are noncorporate sellers of the Property and did not elect to be covered by the provisions of the aforementioned statute. 14. The provisions of the Act of January 30, 1974, P.L. 13, No. 6, as amended, 41 Pa.C.S. Section 101, et seg., are not applicable to this transaction for one or more of the following reasons: A. The Property encumberd by the Mortgage given as security for the Note contains more than two residential units. B. The Property encumberd by the Mortgage given as security for the Note has been abandoned by the Defendants. 15. Defendants are indebted to Plaintiffs in the principal amount of $16,129.10 and interest from June 1, 1999, through August 31, 2000, in the amount of $1,838.73 for a total indebtedness of principal and interest in the amount $17,967.83. 16. Under the terms of the Note, Defendants are also obligated to pay to Plaintiffs the reasonable attorney's fees incurred by Plaintiffs in the event of Defendants' failure to make payment as required under the Note. 17. Plaintiffs believe and therefore aver that the reasonable attorney's fees to be incurred by them will be at least $2,000.00. 18. From September 1, 2000, until payment is made, interest will C:\L WORK\MISC\D091400H.WPD - 3 - 'I. . "<iIe- continue to accrue on the indebtedness at the daily rate set forth in Paragraph 9 of this Complaint. WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of $19,967.83 together with interest accruing at the rate under the Note from September 1, 2000, as well as costs and expenses of sui t. Dated: 9 ~{71(J1J Respectfully Submitted, ~ Gorge A. aughn, III ttorney for Plaintiff Supreme Court I.D. #25650 3904 Trindle Road Camp Hill, PA 17011 (717) 975-9102 CoIL WORKIMISC\D091400H. WPD - 4 - -" ~~i:, VERIFICATION I, EARL G. FOLLETT, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated: '2)- '1.<.>- 00 f1J ~J~ EARL G. FOLLETT C:\L WQRK\MISC\D091400H. WPD - 5 - -,. " C:\L WORKIMISCID091400H.WPD " .' EXHIBIT A True and Correct Copy of the Note I ~ J ,. l:d ",I<.~ - ""I [1l3f :<~- r " '" , '. 'CC(Q)[j2)\)f NOTE May 22,1996 Camp Hill, Pennsylvania 202 Bridge Street New Cumberland, P A 17070 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for property that has been conveyed to me, I promise to pay U.S. $16,500.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is EARL G. FOLLETT and JOAN L. FOLLET, his wife. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of9.00%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the FIRST day of each month beginning on JULY, 1,1996. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on JUNE 1, 1999, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 261 WALTON STREET, LEMOYNE, PENNSYLVANIA, 17043, or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $132.76. My monthly payment is based upon an amortization period of 30 years. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally D:\L WORK\REAL\0052196A.WPD Page 1 of3 'I ~ I _" ~';;,"', " . " . interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN (15) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be FIVE (5)% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If! am in default, the Note Holder may send me a written notice telling me that if! do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (0) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if! am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if! give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if! am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these O:\LWORK\RBAL\Q052196A. WPD Page 2 of3 J ~ - ',I. ~. I~ ._ _. '~lll~ I' f. " " things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under.this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer ofthe Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person), without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HANDS AND SEALS OF THE UNDERSIGNED. WITNESS: .~-3vt~ /U~/ .--//1n' /f..... (/ . ~JI;1~~[SEAL] ROBERT A. MCALLIST R-Borrower S?(,lUt~~ p (YLcCUU~'-\ [SEAL] SARAH R. MCALLISTER-Borrower D:\LWORK\REAL\GOS1196A,WPD Page 3 00 .<' C:\L WORK\MISC\D091400H. WPD ;..,' . EXHIBIT B True and Correct Copy of Written Notice _~_-ii,i ,. h_" -~,u'" , , , , " <;; SENDER: "0 -Complete items 1 andlor2 fo~ilddjtlonal services. "; -Complete items~, 4a, and 4b. CI) _ Print your name and address on the reverse of this form so that we can return this 2! card to you. ~ -Attach this form to the front of the mallpiece, or on the back If space does not ! pennit. II) -Write.Retum R8f:Bipt Requestsd. on the mailplece below the eniele number. oS -The Retum Re~jpt will show to whom the article was delivered and the date r: delivered. o " tl Q. E 8 en en w a: c c <0: ;z: a: ::> 0- w a: 3. Article Addressed to: $"e KeJb"rj- A //k /1/1;51(",0 / I! :it / ffix /.:2 7 7 E7 /, of-,& .d7, ,/J/J J;f Certified o Insured o COD /70d'j s o >- .!!! PS Form 3811, December 1994 102595-97-B-0179 Domestic Return Receipt ;Fc:;//~d + Z 518 376 658 US Postal Service . Receipt for Certified Mall No Insurance Coverage Provided. Do not use for International Mail See reverse) s~ er!- /l,>lr-<- St,)7mbe, ,& X ;;<77 Po,! Of!1,-. State. & ZIP Code /};; / "7/11 E/;/o/7'5~"r ,/,,/1 r<..o<- 33 /1 ?/t! postage $ Certified Fee Special Delivery Fae I, C;<!5 011 9? --'- ~_"'7J' f, " ~ George A. Vaughn, III Attorney at Law 3904 Trindle Road Camp Hill, Pennsylvania 17011 (717) 975-9102 FAX (717) 975-9105 , " .' ir' Wi"" ,?I\ .,', ,-, !q 1r ~.iu1;.inv ~" l if",. , \I III liI~l':_ V-i!.. j ii;i April 13, 2000 BY FIRST CLASS MAIL AND BY CERTIFIED MAIL Mr. Robert A. McAllister RR#l Box 1277 Elliottsburg, P A 17024 RE: Mortgage Debt Owed to Mr. and Mrs. Earl G. Follett Dear Mr. McAllister As you know, the Note and Mortgage for $16,500.00 which you signed on May 22,1996, in favor of Mr. and Mrs. Follett provided for payment in full on or before June 1, 1999. That payment has not been made to my clients. Accordingly, you are in default under the terms of the Note and Mortgage. You were originally contacted regarding this development in July of 1999. You requested additional time to obtain financing to pay my clients, and my clients extended you over seven months to complete those arrangements. As of April 11 , 2000, your mortgage broker, Mr. Lauver, indicated that there is no prospect which would offer immediate funding for you. Mr. and Mrs. Follett are justifiably disappointed that you have not completed arrangements for payment to them by this date. They do not wish to suffer further delay. You are advised, therefore, by this letter, in accordance with Paragraph 7 of the Note and Paragraph 13 of the Mortgage that you are in default. The default consists of your failure to pay the sum of$16,500.00 to my clients no later than June 1, 1999. Interest at the rate of 9% per annum on the unpaid amount totalling $1,286.12 has accrued from June 1, 1999, to April 12, 2000. Interest will continue to accrue until payment is made at the per diem rate of $4.07. The terms of the Note and Mortgage also allow my clients to recover the reasonable attorney's fees incurred by them in enforcing their rights \fider these documents. To date, those fees total $700.00, but these fees will continue to increase as I am required to do more work on behalf of Mr. and Mrs. Follett to secure the payment to which they are entitled. At the present time, therefore, in order to cure your default and prevent futher legal action, including an action of mortgage foreclosure, you must pay to me on behalf of my clients the total sum of$18,486.12 within the next thirty days. This amount must also be increased by payment of the correct daily interest amount based on the number of days which elapse from April 12, 2000, to the actual date of payment at the rate set forth in the first page of this letter. Payment must be made in the form ~i~' . 'I .l. Mr. Robert A. McAllister - 2 - . ., ... Aprill3, 2000 of cash, certified or bank cashier's check, and your payment should be delivered to my office. If full payment is not received within the time allowed under the loan documents for you to cure your default, then my clients will proceed with any and all necessary legal action available to them to either receive payment in full or to foreclose on the Mortgage. I encourage you to give this matter your immediate attention. Very truly yours, George A. Vaughn, III Attorney at Law GA V Igav cc: Mr. and Mrs. Earl G. Follett . i.' ""'*~O" , I. ~ . , "'" .. END R: ! -Complete items 1 ami/or 2 for aQditlonalservlcee. VI -Complete items a, 4a, and 4b. . I -Print your name and address on the reverse ofthlll form so that we can return this, ... card to you. I-Attach this loan to the front 01 the maUpiece, or on the back If space does not _ pennit. ! -Write~RBtum Receipt RequestBd~ on the mailpleCEl below the article number. = -The Return Receipt will show to whom the article was delivered and the date c deUvered. o ~ i 3. Article Addressed 10: ./.?/A".5 Sc6"cM A? A /1/;;'1'-< 60x /,;{77 />> /70';<''1 /',t /1/; *'certifiad o Insured o COD E/fic'$CC;/^0 ,;7.. 102595"'7.6.0179 Domestic Return Receipt T Z 518 376 659 postage Certified Fee /, <I~ Special DeUvery Fee Restricted CeUvery Fee on '" '" ~ - . . i " George A. Vaughn, III Attorney at Law 3904 Trindle Road Camp Hill, Pennsylvania 17011 (717) 975-9102 FAX (717) 975-9105 t' 'I ~ ~, . t I ~ J.~}j _ :l~ ~r~ tl.t';1 ~(f ~: i!" ,I. 'Ui.' I,Jj if ti l..;~&...r IV"'" iJ . April 13, 2000 BY FIRST CLASS MAIL AND BY CERTIFIED MAIL Mrs. Susan R. McAllister RR#1 Box 1277 Elliottsburg, P A 17024 RE: Mortgage Debt Owed to Mr. and Mrs. Earl G. Follett Dear Mrs. McAllister: As you know, the Note and Mortgage for $16,500.00 which you signed on May 22,1996, in favor of Mr. and Mrs. Follett provided for payment in full on or before June 1, 1999. That payment has not been made to my clients. Accordingly, you are in default under the terms of the Note and Mortgage. You were originally contacted regarding this development in July of 1999. You requested additional time to obtain fmancing to pay my clients, and my clients extended you over seven months to complete those arrangements. As of April II, 2000, your mortgage broker, Mr. Lauver, indicated that there is no prospect which would offer immediate funding for you. Mr. and Mrs. Follett are justifiably disappointed that you have not completed arrangements for payment to them by this date. They do not wish to suffer further delay. You are advised, therefore, by this letter, in accordance with Paragraph 7 of the Note and Paragraph 13 of the Mortgage that you are in default. The default consists of your failure to pay the sum of$16,500,00 to my clients no later than June 1, !999. Interest at the rate of9% per annum on the unpaid amount totalling $1,286.12 has accrued from June I, 1999, to April!2, 2000. Interest will continue to accrue until payment is made at the per diem rate of $4.07. The terms of the Note and Mortgage also allow my clients to recover the reasonable attorney's fees incurred by them in enforcing their rights under these documents. To date, those fees total $700.00, but these fees will continue to increase as I am required to do more work on behalf of Mr. and Mrs. Follett to secure the payment to which they are entitled. At the present time, therefore, in order to cure your default and prevent futher legal action, including an action of mortgage foreclosure, you must pay to me on behalf of my clients the total sum of$18,486.12 within the next thirty days. This amount must also be increased by payment of the correct daily interest amount based on the number of days which elapse from April 12, 2000, to the actual date of payment at the rate set forth in the first page of this letter. Payment must be made in the fonn -- '-' '~ijK . . Ms. Susan R. McAllister ~... - 2 - . .,. I .... April 13, 2000 of cash, certifIed or bank cashier's check, and your payment should be delivered to my office, If full payment is not received within the time allowed under the loan documents for you to cure your default, then my clients will proceed with any and all necessary legal action available to them to either receive payment in full or to foreclose on the Mortgage, I encourage you to give this matter your immediate attention, Very truly yours, George A Vaughn, III Attorney at Law GAV/gav cc: Mr, and Mrs. Earl G, Follett _"" -^~h~' ,~ - "~"""'" ~~-"~ ;; , ~" .~~,-~~"~',~ ~-jli!liWJ:: SHERIFF'S RETURN - OUT OF COUNTY " CASE NO: 2000-07134 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOLLETT EARL G ET AL VS MCALLISTER ROBERT A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCALLISTER ROBERT A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMFLAINT & NOTICE 24th , 2000 , this office was in receipt of the On October attached return from PERRY Sheriff's Costs: Docketing 18,00 Out of County 9,00 Surcharge 10,00 DEP, PERRY CO 28,40 .00 65.40 10/24/2000 GEORGE VAUGHN III S~~ R, Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 31M- day of C9~ ;2.V7TO A.D. C)J~ {;~l!:;::!t;:t J?,P> '.'~~ ' ~.,,- -= ~"""~" ~ _, I - ~-~ - ~""'~~1:!i\Ii",! SHERIFF'S RETURN - OUT OF COUNTY ~ CASE NO: 2000-07134 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOLLETT EARL G ET AL VS MCALLISTER ROBERT A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCALLISTER SARAH R but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE 24th , 2000 , this office was in receipt of the On October attached return from PERRY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 10/24/2000 GEORGE VAUGHN III S~/~ R. Thomas Kline .,'. Sheriff of Cumberland County Sworn and subscribed to before me this .ElM day of (0~ .L(}-trl) A . D . ~ (l/vr,I#I.<J A . Prothonotary I ~ ,~ ~ ~'-<~;::<~;:c,_~:~,' _.."" ,,_,..,;-~,;-,'_:, - . In The Court of Common Pleas of Cumberland County, Pennsylvania Earl G. Follett, et. a1. VS. Robert A. McAllister, et. al. Serve:. Robert A. McAllister No. 20-7134 Civil Now, 10/17/00 , 20 () t) , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Ferry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . .. r~rAV't:~~ Sheriff of Cumberland County, PA Affidavit ()If Service Now, October 19, , 20~, at 1 :35 o'clock P M. served the within Complaint upon Robert A. McAllister at RR1 Box 1277 Elliottsburg, Saville Twp. Perry Co Pa. 17024 byhandil1g to Robert A. McAllister a True & Attested copy ofthe original ComplaINT and made lmown to HIM the contents thereof. So answers, /'-~ I I . br~~~ Depu~ Sheriffof Perry Sworn and subscribed before me this /141 day of a cv.,M- ; 20~ COSTS SERVICE MILEAGE AFFIDAVIT IT.eD (O.'{O lI.rrD County, P A 75'.1f1J $ ;Lt. 'I7) $ '-fro. too fJ1I1AMUJ.t.-Ik. !.:'.1~.... , ~~<U -~TARIAl.S L . MARGARET F. FlICKINGER, NOTARYPUBUC BLOOMFiElD BORO., PERRYcoumv MY COMMISSION EXPIRES FEB. 16 2004 I ,,^ lL :\'. ~ I I ! . In The Court of Common Pleas ofCumbe:rland County, Pennsylvania Earl G. Follett, et. al. VS. Hobert A. McAllister, et. al. Serve: Sarah H. McAllister No. 20-7134 Civil Now, 10/17/00 , 20 to ti , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to exe.cute this Writ, this deputation being made at the request and risk of the Plaintiff. . //:..ii'!P.'.' . . ~~~~t:~.t! Sheriff of Cumberland County, P A Affidavit of Service Now, October 19, 20 00 at 1: 25 o'clock P M. served the '-' within Complaint upon Sarah R. McAllister at RR1 Box 1277 E1iottsburg,Pa. (Saville Twp.) by handing to Robert A. McAllister, Defendants husband True & Attested copy ofthe original Complaint a and made lmown to Him the contents thereof. So answers, County, P A COSTS SERVICE MILEAGE AFFIDA VIT $ Sworn and subscribed before me frris!1!J_ day of adtJlur; 20~ $ NOTAR EAL MARGARETE FUCKlNGER, NOTARYPUBUC BLOOMFIElD. BORO., PERRYCOUNlY MY COMMISSION EXPIRES FEB. 16 2004 _. J ~- ~, ~. h EARL G. FOLLETT, and JOAN L. FOLLETT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-7134 - CIVIL 2000 ROBERT A. MCALLISTER and SARAH R. MCALLISTER, Defendants CIVIL ACTION - LAW To: Curtis R. Long, Prothonotary PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT F1ease enter judgment in favor of the Plaintiffs and against the Defendants for failure to file an answer or other response to Plaintiffs' Complaint in the following amount: $19,967.83, due as of September 1, 2000, and $354.84, interest from September 1, 2000, to November 27, 2000, for a total judgment of $20,322.67. I hereby certify that the attached Important Notice was mailed to the Defendants on November 10, 2000, as evidenced by the attached Certificate of Mailing. Date: ;;/02rP/tf1I , ~()~~ eorge A. Vaughn, III Attorney for Plaintiffs Supreme Court I.D. #25650 3904 Trindle Road Camp Hill, PA 17011 (717) 975-9102 '" I . I. ""~\t1 u.s. POSTAL SERVICE CERTIFICATE-OF MAILING MAY BE,'USED FOR DOMEsTIC AND lNTERNATlONAL MAIL, Q.OES NOT ~ROVIDE FOR'INSURANCE-POSTMASTER ... Received From: U-eOlt! A. i11j)I1,.zzz:. 3907'" //-//td/e ~t?d/ cd/; /3 ,70. (5. 0ara4 # -eo Z)//;" iI;5.b~ ;0/1 PS Form 3817. Mar. 1989 GPO 1993 0 - -151-051 ,,~..~-': ~ . I "" .~"" ">iiI~~;', 'fILE COpy EARL G. FOLLETT, and JOAN L. FOLLETT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - V. 00-7137 - CIVIL 2000 + ROBERT A. MCALLISTER and SARAH R. MCALLISTER, Defendants CIVIL ACTION - LAW To: SARAH R. MCALLISTER Date of Notice: November 10, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST you. UNLESS YOU ACT WITHIN TEN 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 NOTICE TO A 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: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA (717) 249-3166 ,lj'J ~te- A, V,4tJt!#J;i' George A. Vaughn, III Attorney for Plaintiffs Supreme Court I.D. #25650 3904 Trind1e Road Camp Hill, PA 17011 (717) 975-9102 }"f..... _I " . .. ~iI<iIl_""" George A. V aughn, III Attorney at Law 3904 Trindle Road Camp Hill, Pennsylvania 17011 (717) 975-9102 FAX (717) 975-9105 November 10,2000 Mrs. Sarah R. McAllister RR #1, Box 1277 Elliottsburg, P A 17024 RE: Follett v. McAllister Docket No. 00-7137 Civil Dear Mrs. McAllister: Please find enclosed an Important Notice required by the Rules of Civil Procedure advising you of my clients' intent to obtain a default judgment against you upon the Complaint in this matter because of your failure to respond to the Complaint. Very truly yours, jj t~ 1/,( M t;;/,ti George A. Vaughn, III Attorney at Law GAV/dj Enclosure cc: Mr. and Mrs. Earl G. Follett ;., , " ...0...,",-'- < ~""" u.s. POSTAL SERVI E OU1'I. OA'rE OF . ~ 'ILII\I MAY BE USED FOR _DOMESTIC AND INTER+.IA TlONAL MAIL, DOES NOT PROVIDE FO!=! INSURANCE-POSTMAStER ".~, ::;) 1.,.1"1 PS Form 3817, Mar. 1989 GPO 1993 0 - 151-051 , ' . , ...-, FilE COpy EARL G. FOLLETT, and JOAN L. FOLLETT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-7137 - CIVIL 2000 ROBERT A. MCALLISTER and SARAH R. MCALLISTER, Defendants CIVIL ACTION - LAW To: ROBERT A. MCALLISTER Date of Notice: November 10, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 NOTICE TO A 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: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA (717) 249-3166 9S/ tlH:1.eJ$-,tJ, vAl/t/~V George A. Vaughn, III Attorney for Plaintiffs Supreme Court I.D. #25650 3904 Trindle Road Camp Hill, PA 17011 (717) 975-9102 -~- -' , -,- ,,,,"- . George A. Vaughn, III Attorney at Law 3904 Trindle Road Camp Hill, Pennsylvania 17011 (717) 975-9102 FAX (717) 975-9105 November 10, 2000 Mr. Robert A. McAllister RR#I,Box 1277 Elliottsburg, P A 17024 RE: Follett v. McAllister Docket No. OO~7137 Civil Dear Mr. McAllister: , ,- -~ -" ';tI__""<i FilE COpy Please find enclosed an Important Notice required by the Rules of Civil Procedure advising you of my clients' intent to obtain a default judgment against you upon the Complaint in this matter because of your failure to respond to the Complaint. Very truly yours, M)6~,iM A. VAvt#/w George A. Vaughn, III Attorney at Law GAV/dj Enclosure cc: Mr. and Mrs. Earl G. Follett """ _n" ,,~ I~ ,,;,' - ~ ~ ..J '. " IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: ROBERT ALAN MCALLISTER and SARAH ROMAYNE MCALLISTER Debtors CASE NO. 1-01-03839 CHAPTER 13 ROBERT ALAN MCALLISTER and SARAH ROMAYNEMCALLISTER Movants CUMBERLAND COUNTY DOCKET #00-7134 ~~,..~".i0ititllIlli$!~ 1)0"' v. J.B. voc:xil. NO.2..~5 It EARL G. FOLLETT and JOAN L. FOLLETT Respondents ORDER AT Harrisburg, in said District, this3t'dl day of ~f" \ , 2002; UPON consideration of the foregoing Motion for Entry 0 Default Judgment, and it appearing that no Motion or Answer was filed to the Motion by the time set forth in an Order, good reason appearing therefor, no objections appearing thereto, it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is / granted, to wit, the judgment of Earl and Joan Follett in the amount of $20,322.67 entered in Cumberland County be and hereby is avoided. BY THE COURT: Is! Robert J. Woodside FILED HARRISBURG PA THE HONORABLE ROBERT J. WOODSIDE Chief Bankruptcy Judge APR - 3 2002 ROM THE RECORD thiS~ .20~ Clerk, U.S. BankruptCY Court "'fA 'A ,. , MlIl r -i~a~~tiAAIW!!:0lii;~i?M.~~l;t"~'~~';'l','\l\i,,-~4ii"'j1[,S',o,,'iJ~~;";:'"''''~~,<Si.~?'Mt~,W.;;;~fIll~11 -r ~-~ " , ~~~, >>,~ ""_w ,^-~_-~.,,, '_~ _^, ~-- ", 1t~ ~ --0 ~ ..... l...J .c:: "0 ~ ~ Yt C o r 0 c:-:-' ~, ,"',...:; -. ,-'--'" '-' t" ..:...~ .-, rn L;:: ,""'( 7:' t~ I , >n ;<. c-J en :~~' n:.. ~,~ ""'" '>! ~~ 1~_,' '-0 " "' C~ ~- , ,,--- , ~r! L ~ ;-.J (:) "",",;- c -. ;1;: 7, r. ';0 .'? ..- -< -- 1 r -. " Hi~A ,~-, ~. ~~" ~ "-~ ,IX] .