HomeMy WebLinkAbout04-3028
MANUFACTURERS AND TRADERS
TRUST COMPANY successor by merger
to Keystone Financial Bank, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. Dl./ -.3t>J.P C!.;u~L'-r~
v.
BRADLEY C. MCALLISTER,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the complaint filed in this action, I appear for the Defendants and confess
judgment in favor of the Plaintiff and against Defendants as follows:
a.
Principal
$ 79,197.78
Other authorized items:
b.
Interest to and including May 14, 2004 and
accruing at $13.01881 per diem thereafter
$ 2,357.16
c.
Late Charges to and including May 14,2004
and accruing at $2.76 per diem thereafter
$ 965.07
d.
Attorney's Commission
$ 8,252.00
TOTAL
$ 90,772.01, plus
additional interest,
and costs from the
date oftbe
Complaint.
Respectfully submitted,
Date: t fiy/(y
SAIDItfiT~ F rR & LINDSAY
By: VlA&J11
Matthew J. Eshelman, Esquire ID #72655
2109 Market Street, Camp Hill, P A 17011
(717) 737-3405 (fax) 737-3407
Attorney for Plaintiff
I'
MANUFACTURERS AND TRADERS
TRUST COMPANY successor by merger
to Keystone financial Bank, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04 - .}OJ}
O'lvL'T~
v.
BRADLEY C. MCALLISTER,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. The name and address of the Plaintiff is Manufacturers and Traders Trust Company,
Successor by Merger to Keystone Financial Bank, N.A., 1331 12th Avenue, Altoona, Pennsylvania
16601.
2. The name and last known address of the Defendant is Bradley C. McAllister, 5140
Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Defendant executed and delivered to Plaintiff a United States Small Business
Administration Note in the original principal amount of One Hundred Fifteen Thousand Dollars
($115,000.00) ("Note"), a true and correct photostatic reproduction of the original of which is
attached hereto as Exhibit "A" and made a part hereof.
4. Defendant is in default of Defendant's obligations to make payment to Plaintiff as
required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as
provided in the Note. A copy of Plaintiffs demand is attached hereto as Exhibit "B" and made a
1
VA SJIA.LL BUSINJ'BB ADIIUI'fI8rUTlOH
U.S. Small Business Administration
NOTE
SBA Loan #
LOP 354790 40 10
SBA Loan Name
B.C. McAlllsler Paving
Date
April 21, 2000
Loan Amount
$115,000.00
Inter851 Rale
VarI_
Borrower
BJ1Idley C. McAllister
Operating
Company
Lender
KEYSTONE FINANCIAL BANK, N.A.
1_ PROMISE TO PAY:
In return lor the Loan, Borrower promises 10 pay to the order of Lender the amount of One Hun_ F1111len ThoUsand " 001100
OOIlIU'S, Interest on the unpaid principal balance, and all other amounts required by this Note.
2. DEFINITIONS:
"Collateral" means any property ta~en as security for payment 01 this NOle or any guarantee 01 this Note.
"Guarantor" means each person or entity that slgns.a guarantee of payment of Ihls Note.
"Loan" means the loan evidenced by this Note.
"Loan Documents" means the documents related to this loan signed by Borrower. any Guarantor, or anyone who pledges
collateral.
"SBA" means the Small business Administration, an Agency of the Unned States of America.
3. PAYMENT TERMS:
Borrower must make all payments al the place Lender designates. The payment terms for this Note are:
The Interest rate on thl$ Note will fluctuate. The Inlllellnletesll1lle Is 10.750" per year. This Infll8l rille Is lhe prime rate on !he date
SSA _ed fhe loan llppllcallon, plus 2.0".
Borrower must PlIY a folaJ Of , payments Of Inlerest only on the disbursed principal balance beginning one month !rom the month this
Nole Is dated and evety month th_tler; payments must be made on Ihe 18th catend8r day In the months they are due.
Borrower must PlIY prlllc/pa1 and inleresl payments 01 $1,666.00 every month, beginning tour months !rom Ihe month this Note is dated;
PlIYments must be made on Ihe 18th calendar day In the months they are due.
5.A,bi ',/11/
SBA Form 147 (10122198) Previous editions obsolete ~ X
04-21-2000
PROMISSORY NOTE
(Continued)
Page
Lender wlllllpply each Installment payment lIrSt to pay Interest accrued to the dt/If Lender receives the payment, \hen to bring prtncjplll
current, then to pay any late fees, and wll/ lIPPly any remaining balance 10 reduce prlncJplIl.
Lender may adjust the Interest rate lor the lirst lime no earlier than lIle lIrSt calendar day 01 the lirst I1lOI1I1l atter lnlla! diSbursement.
TIle Inlerest rate wtllthen be adlusted each calendar quarter (the "c"ange period").
The "Prime Rale" is Ihe prime rate In etrecl on the lirst business day 01 the month In which a change occurs, as published In tile Wall
Street Journal on the next business dt/If.
The adlusted Interesl rate will be 2.0% above lIle Prime Rate. Lender wtll adiust tile Interest rate on lIle lirst calendar day 01 each
change period. The change In Interest rate Is eIIecIlve on thai day whether or nol Lender gives Borrower nolic:e Of the c""nge.
Lender musl ad/ust the paymenl amounl at least annually as needed to amortiZe principal over lIle remaining term 01 the note.
" S8A purchases Ihe guaranteed pottion of lIle unpllld prlnl:lpal balance. the lnlerest rale becomes fiXea aI lIle rate In effecl at the lime
of llle earliest uncured paymenl detault. ",here Is no uncured paymenldefault, lIle rale becomes fiXed alllle rate In eIIecI at Ihe lime
01 purchase.
All remaining principal and accrued Interest Is due and payable 9 years and 3 months from dale of Note.
Late Charge: It a paymenl on this NOle Is more than 10 days Iale, Lender may chllrge Borrower I late tee of up to 5% 01 the unpaid
portIO,n 01 the regularly shcedUled payment
4. RIGHT TO PREPAY:
Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time
without notice. If Borrower prepays more than 20 percent ana the Loan has been sold on the secondary market. Borrower
must:
A. Give Lender written notice;
B. Pay all accrued interest; and
C. If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal to 21
days' inlerest from Ihe date Lender receives the notice, less any interest accrued during the 21 days ana paid unaer
subparagraph B.
If Borrower does not prepay within 60 days from the date Lenaer receives the notice, Borrower must give Lenaer a new
notice.
5. DEFAULT:
Borrower is In default under this Note' If Borrower does not make a payment when due under thiS Note. or if Borrower or
Operating Company:
A. Faiis to doany/hlng required by this Note and other Loan Documents;
B. Defauits on any other loan with Lenaer;
C. Does not preserve, or account to Lender's satiSfaction for. any 01 the Collateral or lis proceeds;
D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA;
E. Makes, or anyone acting on their behalf makes. a materially false or misleading representation to Lender or SBA;
F. Defaults on any loan or agreement wltn anotller creditor. if Lender believes the defauit may materially affect
Borrower's ability to pay this Note;
G. Falls to pay any taxes when due;
H. Becomes tile subject of a proceeding under any bankruPtCy or Insolvency Jaw;
l. Has a receiver or liquidator appointed for any part of their bUSiness or property;
J. Makes an assignment for the benefit of creditors;
K. Has any adverse change in financial condition or business operation that Lender believes may materially affect
Borrower's ability to pay this Note;
L. Reorganizes, merges, consolidates, or otherwise cnanges ownership or business structure without Lender's prior
written cOflSent; or
04:-21-2000
PROMISSORY NOTE
(Continued)
Page
M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay
this Note.
6. LENDER'S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights. Lender may:
A. Require immediate payment of all amounts oWing under this Note:
B. Collect all amounts owing from any Borrower or Guarantor;
C. File suit and obtain judgement;
D. Take possession of any Collateral: or
E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale. with or without advertisement.
7. LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender may:
A. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooses:
B.o Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan Document,
and preserve or dispose of the Collateral. Among other things, the expenses may include payments for properly
taxes, prior liens. Insurance, appraisals. environmental remediation costs, and reasonable attorney's fees and costs.
If Lender incurs such expenses. it may demand immediate repayment from Borrower or add the expenses to the
principal balance;
C. Release anyone obligated to pay this Note;
D. Compromise. release, renew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Note.
8. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note wll/ be interpreted and enforced under federa/law. including SBA regulations. Lender or
SBA may use state or local procedures tor filing papers, recording documents. giving notice, foreclosing liens, and other
purposes. By using such procedures, SBA does not waive any federal immunity from state or local control. penalty, tax, or
liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation, defeal
any claim of SBA, or preempt federal law.
9. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operatlng Company'lnclude the successors of each, and Lender Includes its successors and
assigns.
10. GENERAL PROVISIONS:
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the loan Documents and to enable Lender
10 acquire, perfect, or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender
may delay or forgo enforcing any of its rights without giving up any of them. '
E. Borrower may not use an oral statement of Lender or SBA to contradict or ailer the written terms of this Note.
F. If any part of this Note is unenforceable, all other parts remain In effect.
G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including
presentment, demand, protest. and notice of dishonor. Borrower also waives any defenses based upon any claim
that Lender did not obtain any guarantee: did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; or did not obtain the fair market value of Collateral at a sale.
04-21-2000
PROMISSORY NOTE
(Continued)
Page
, '1_ STATE-SPECIACPROVISIONS:
CONFESSION OF JUDGMENT. The Undersigned hereby authorizes and empowers any a1tomey orcler!< of any court ot
record in the United Slates or elsewhere to appear tor and, with or without declaration tiled, confess Judgment agalnst the
Undersigned In favor of the holder, assignee or successor of holder ot the Note, at any time for the full or total amount of
this Note, together with all Indebtedness provided lOr therein, with costs ot suit and a1tomey's commission of ten (10)
percent for collection; and the Undersigned expressly releases all errors, waives all stay of execution, righls of inquisition
and extension upon any levy upon real estaIe and all exemption of property from levy and sale upon any execution hereon;
and the Undersigned expressly agrees to condemnation and expressly relinquishes all righls to benetlts or exemptions
under any and all exemptions under any and all exemption laws now in force or which may hereafter be enacted.
12. BORROWER'S NAME(S) AND SIGNATURE(Sj;
By signing below, each Individual or entity becomes obllgeted under this Note as Borrower.
BORROWER:
X~~~fJ'"~;"''''~''i!l.&;.'f,;;;, .:" '\Kfif-i@'lTi'''tf\l
....h.. .....~..." .. ....... . ........ .&.... . .... ,,""""h ".......,...
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BI1ld/ey C. er
SBA Farm 147 (10122198) PreVious editions obsolete
Bfl~~M[[erY
tld/b/a B.C. McAllister Paving
Obligation/Obligor # 9965635864/18
SBA Loan # LDP 364790 40 10
NOTICE
under the FAIR DEBT COLLECTION PRACTICES ACT and the
PENNSYL VANIA FAIR CREDIT EXTENSION UNIFORMITY ACT
Pursuant to the federal Fair Debt Collection Practices Act and the Pennsylvania Fair Credit
Extension Uniformity Act, I am required to inform you that this letter is an attempt to collect a
debt and any information obtained will be used for that purpose.
If you dispute the validity of this debt, or any portion thereof, and you contact the undersigned
within thirty (30) days after receipt of this Notice, you will be furnished with written
verification of the debt.
If you do not dispute the debt or any portion thereof as stated above, the undersigned will
assurne the debt is valid.
If the original creditor of this debt is different from the creditor stated on the front page of this
letter, the undersigned will provide you with the name and address of the original creditor
upon written request from you within thirty (30) days of receipt of this notice.
D," ?, /1/6'1
Respectfully submitted,
SAIDIS,fff'11~ (WER& LINDSAY
By: !/APN ! a "
Matthew J. Eshelman, Esquire ill #72655
2109 Market Street, Camp Hill, P A 17011
(717) 737-3405 (fax) 737-3407
Attorney for M & T Bank
cc: Keith Mangan
Ev.h,ly/ 'jj'l
Ac'r 91 NU'TICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
Date: March 11, 2004
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when you rneet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice. If you have any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives
at the Consumer Credit Counseling Agency may be able to help explain it. You may also
want to contact an attorney in your area. The local bar association may be able to help you
find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL
CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR
SU HIPOTECA.
HOMEOWNER'S NAME(S): Bradley C. McAllister
PROPERTY ADDRESS: 5140 Erbs Bridge Road,
Mechanicsburg, Pennsylvania (Cumberland County)
LOAN ACCT. NO.: 701-30011 392284
ORIGINAL LENDER: Keystone Financial Bank, N.A.
CURRENT LENDER: Manufacturers and Traders Trust Company,
successor by merger to Keystone Financial Bank, N.A.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN
SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PEl',.NSYL VANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE --Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this
Notice. During that time you must arrange and attend a "face-to- face" meeting with one of
the consumer credit counseling agencies listed at the end of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING
YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW
TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES --If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT
take action against you for thirty (30) days after the date of this meeting. The names,
addresses and telephone numbers of designated consumer credit counseling agencies for the
county in which the property is located are set forth at the end of this Notice. It is only
necessary to schedule one face-to-face meeting. Advise your lender immediately of your
intentions.
APPLICATION FOR MORTGAGE ASSISTANCE --Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the
lender, you have the right to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a
completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only
consumer credit counseling agencies have applications for the program, and they will assist
you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of your face-to-face
meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR
IF YOU DO NOT FOLLOW THE OTHER TIME PERlODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
AGENCY ACTION --Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act.
The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings will be pursued
against you if you have met the time requirements set forth above. You will be notified
directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply
for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEF AUL T --The MORTGAGE debt held by the above lender on your
property located at: 5140 Erbs Bridge Road, Mechanicsburg, Cumberland County,
Pennsylvania, IS SERlOUSL Y IN DEF A UL T because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the
following months: July 18, 2003 and thereafter, and the following amounts are now past
due (explainliternize charges):
Principal Past Due:
Interest Past Due:
Late Charges:
Other Fees:
Attorney's Fees:
TOTAL AMOUNT PAST DUE:
$2,785.34
$1,486.77
475.35
326.71
50.00
$5,124.17
B. YOU HA VB ALSO FAILED TO TAKE THE FOLLOWING ACTION: N/ A
HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO
THE LENDER, WHICH IS $5,124.17, PLUS ANY MORTGAGE PAYMENTS AND
LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Payments must be made either by cash, cashier's check, certified check or money
order made payable and sent to:
Manufactures and Traders Trust Company
1331 12th Avenue, Altoona, PA 16601
You can cure any other default by taking the following action within THIRTY (30)
DAYS ofthe date of this letter: (Do not use ifnot applicable.) N/ A.
IF YOU DO NOT CURE THE DEFAULT --If you do not cure the default within
THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to
accelerate the mortgage debt. This means that the entire outstanding balance of this debt
will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments. If full payment of the total amount past due is not made within
THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON --The mortgaged property will be sold
by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but
you cure the delinquency before the lender begins legal proceedings against you, you will
still be required to pay the reasonable attorney's fees that were actually incurred, up to
$50.00. However, if legal proceedings are started against you, you will have to pay all
reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any
attorney's fees will be added to the amount you owe the lender, which may also include
other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you
will not be required to pay attorney's fees.
OTHER LENDER REMEDIES --The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE --If you have not
cured the default within the THIRTY (30) DAY period and foreclosure proceedings have
begun, you still have the right to cure the default and prevent the sale at any time up to one
hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus
any late or other charges then due, reasonable attorney's fees and costs cormected with the
foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing
by the lender and by performing any other requirements under the mortgage. Curing your
default in the manner set forth in this notice will restore your mortgage to the same position
as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE --It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6)
months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase
the longer you wait. You may find out at any time exactly what the required payment or
action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Keith P. Mangan
Assistant Vice President, Special Assets
Manufactures and Traders Trust Company
1331 12th Avenue, Altoona, PA 16601
Phone: (814) 947-1920
EFFECT OF SHERIFF'S SALE --You should realize that a Sheriffs Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in
the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE --You _L mayor _ may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided
that all the outstanding payments, charges and attorney's fees and costs are paid prior to or
at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS
IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT.
(HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR
DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY
FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE
TO SUCH ACTION BY THE LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY:
Adams County Housing Authority
139-143 Carlisle St.
Gettysburg, P A 17325
(717) 334-1518
Community Action Commission
of Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
(717) 232-2207
Urban League of Metropolitan Hbg
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
CUMBERLAND
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling
SenncesofFranklin
43 Philadelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
PHFA
2101 North Front Street
P. O. Box 15530
Harrisburg, PA 17105
(717) 780-3940
TDD for hearing impaired:
(717) 780-1869
NOTICE
Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that this letter
is an attempt to collect a debt and any information obtained will be used for that purpose.
D.~ Sf/( /63
cc: Keith P. Mangan
Respectfully s bmitted, .
/
SAIOIff' 'rrr:R" LINDSAY
By: jJ.{1 t'
Matthew J. shelman, Esquire ID #72655
2109 Market Street, Camp Hill, PAl 70 11
(717) 737-3405 (fax) 737-3407
Attorneys for Manufactures and Traders Trust
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. Complete items 1. 2. and 3. Also complete A Received by (Plea Print Clearly) B. Date of Deliver
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse C ~
so that we can return the card to you. . Si ture k~ ~
. Attach this card to the back of themailpieca.1 /. t
or on the front jf space permits. /l_, SSf
ssdi tit.
1. Article Addressed 10: elivery address below: 0 0
Bradley C. ~lister
5140 Erbs Bridge Road
Msci1anicsburg, PA 17050
-=-
Dyes
2. Article Number (CopXfrom service label) .
70"O~~~~P~'~~\rl;.loY~;;W"""Y'.i;('~.. L-'
~'" 1~~.,1:'~:~~r",:r;::r~etum Recetpt 102595-99-M-t7Sf'
DISCLO~_~E FOR CONFESSION OF.. DGMENT
I . Principal i' . Losn:o.ate ; Maturity I loan No ; Call i Collateral 1 Account ; Officer i Initials
1 . I J '; I I 1
~S1~OOO~.:. i 04-:-2'-:-2llO.9_.l~:-2!::-~.!'_l.-?O'-~!!-L~!~---.i...._~CL_-1....__~_8.!-_~!=883 J...._.__ _._
References in the shaded area are for Lender's use only and do not limit tI1e appIlcaoIllty of thIS oocument to any parnOUlar losn or lIem.
Borrower: BrlIlIley C. McAllister Lender: KEYSTONE FINANCIAL BANK, N.A.
dbll: B.C. McAfllster Paving Camp HIli
5140 ErblI BrIdge Road 4231 Trlndle Road
MecI1anlcsburg, PA 17055 Camp HIli, PA 17011
DISCLOSURE FOR CONFESSION OF JUDGMENT
. Sf" /l" l
I AM EXECUTING, THIS ~ DAY OF {""-yiLl
ME TO REPAY THAT AMOUNT.
,20~, A PROMISSORY NOTE FOR $115,000.00 OBLIGATING
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING
ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY
RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER
MAY ~T AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS,
1Na.uDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S
'~*.JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS:
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT ro ENTER JUDGMENT AGAINST ME WITHOUT
ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT
WOu..o PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING,
LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FLU. OR PARTIAL PAYMENT OF THE JUDGMENT.
HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN
EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED
AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTI.Y AND VOLUNTARILY WAIVING THESE RIGHTS, AND I
EXPRESSLY AGREE AND CONSENT .Tg,~g~;s EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE
STATE AND FEDERAL LAW. INITIALS..,~
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PlACING MY
INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT:
INITIALS
1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
L3<!-W\ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO
MY ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000: THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I
INITIALED AND SIGNED IT: AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
A::L..J.Q..,A...,.tMl1,(l.f1A1:".....
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Bradley C. ~lIIsler
LASER PRO, Rl!ig. U.S. Pat. & T.M. Off., Ver. 3.29(C)Concentrex 2000 AI/rights reserved. (PA-030 MCALLI$.LN S1.0VLj
~~A))it "(II
MANUFACTURERS AND TRADERS
TRUST COMPANY successor by merger
to Keystone Financial Bank, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF THE
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET No.
vs.
BRADLEY C. MCALLISTER,
Defendant
: CIVIL ACTION - AT LAW
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, Keith P. Mangan, Assistant Vice President, for Manufacturers and Traders Trust
Company, Successor by Merger to Keystone Financial Bank, N.A., being authorized to do so on
behalf of Manufacturers artd Traders Trust Company, Successor by Merger to Keystone Financial
Bank, N.A., hereby verify that the statements made in the foregoing pleading are true and correct to
the best of my information, knowledge and belief. 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.
MANUFACTURERS AND TRADERS TRUST
COMPANY, SUCCESSOR BY MERGER TO
KEYSTONE FINANCIAL BANK, N.A.
Date:
~[).yIL~
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CAJ~;<i
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MANUFACTURERS AND TRADERS
TRUST COMPANY successor by merger
to Keystone Financial Bank, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
~ NO. D-/ - 3C~ ~d'-rEll..n1
v.
BRADLEY C. MCALLISTER,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/ A
To: Bradley C. McAllister, Defendant
You are hereby notified that 0~l.A-L)f' .29 ' 2004, judgment by confession was
entered against you in the sum of$90,772.01 in the above-captioned case.
~~k.~
Prothonotary if--
DATE:
YOU SHOULD TAKE TIllS 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
1 hereby certifY that the following is the address of the defendant slated in the certificate of
residence:
Bradley C. McAllister
5140 Erbs Bridge Road ~/'dC L
Mechanicsburg, P A 17055 .
~ . ~v .
Attorney for Plaintiff
A, Bradley C. McAllister, Demandado(s)
Por este medio sea avisado que en el dia de de 2004, un fallo por admision fue
registrado contra usted por la contidad de $90,772.01 del caso antes escrito.
Fecha: el dia de de 2004
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Por este medio certifico que 10 siguiente es la direccion del demandado dicho en eI
certificado de residencia:
Bradley C. McAllister
5140 Erbs Bridge Road
Mechanicsburg, P A 17055
~latt L
Abogada(a) de Demandante\s)
MANUFACTURERS AND TRADERS
TRUST COMPANY successor by merger
to Keystone Financial Bank, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04 - .3C~;)
CLUJ.. ~~
v.
BRADLEY C. MCALLISTER,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION
REQUIRED BY 42 Pa. C.S.A. S 2737.1 (Act 105 of2000)
To: Bradley C. McAllister
Pursuant to 42 Pa. C.S. S 2737.1. please take notice that the Plaintiff in this matter has
entered a judgment by confession against you in the amount of $90,772.01.
You are entitled to file a petition to "strike" or "open" the judgment. In order to do so,
you must promptly file a petition with the Court of Common Pleas of Cumberland County,
Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. You will
file a petition by leaving it with the courts or Prothonotary at the courthouse in Carlisle,
Cumberland County, Pennsylvania.
A petition is a formal statement of your reasons for challenging the judgment. You must
include the names of the parties at the top of the first page and the case number, which is shown
above. The petition must state your reasons for challenging the judgment is a separate numbered
paragraphs. You have to sign the petition and include a sworn slatement at the end of the
document verifying that the facts you state in the petition are true and accurate. You will waive
any defenses and objections not included in your petition to strike or open. You must therefore
make every effort to raise all possible issues and defenses in your petition to strike or open in
order to avoid waiving any claims.
If you elect to file a petition, it must meet the requirements of Rule 2959 of the Rules of
Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to
comply with local rules of procedure in effect in the county where the judgment was entered.
If you do not file a petition challenging the judgment, the Plaintiff may take steps to
collect on the judgment by asking the Sheriff to seize your assets. You may have other rights
available to you other than as set forth in this notice. You should take this paper to your
lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below.
This office can provide you with information about hiring a lawyer.
If you cannot afford to hire a lawyer, this office may be able to provide you with
information about agencies that may offer legal services to eligible persons at a reduced fee
or no fee.
Cumberland County Bar Association
32 South Bedford Street
Carlisle,PA 17013
(717) 249-3166 or 1-800-990-9108
Corporations may be unable to represent themselves in court. If the defendants include a
corporation, the corporation must appear through an attorney if it intends to challenge the
judgment.
You may receive other papers and notices regarding the judgment. Those other papers do
not negate or override this Notice. Likewise, this Notice is not intended to and does not negate
any of the notices or information obtained in other papers that may be served upon you.
We reiterate that you are required to act promptly if you wish to seek relief from the
judgment. Under certain circumstances, you have only 30 days in which to file a petition after
papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order
to protect your interests. Failing to act in a timely manner will render you unable to challenge
the judgment at a later time.
Pursuant to 40 Pa. C.S.A. Section 2737.1, if you have been incorrectly identified and had
a corifession or judgment entered against you, you are entitled to costs and reasonable attorney
fees as determined by the court.
l{ J-46~
Respec~fully SUbrittedt, .
:~I~jEt\ E &LmDSAY
Matthew 1. Eshelman, Esquire ID #72635
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorney for Plaintiff
Date:
Pennsvlvania Rule of Civil Procedure 2959 - Strikine off Judement
(a)(l) Relief from a judgment by confession shall be sought by petition. Except as
provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open
it must be asserted in a single petition. The petition may be filed in the county in which the
judgment was originally entered, in any county to which the judgment has been transferred or in
any other county in which the sheriff has received a writ of execution directed to the sheriff to
enforce the judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a slay of execution where the court has not
slayed execution despite the timely filing of a petition for relief from the judgment and
the presenlation of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.l(c)(2) or Rule
2973.l(c), the petition shall be filed within thirty days after such service. Unless the defendant
can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall
be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show
cause and may grant a Slay of proceedings. After being served with a copy of the petition the
plaintiff shall file an answer on or before the return day of the rule. The return day of the rule
shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition
or answer.
(d) The petition and the rule to show cause and the answer shall be served as
provided in Rule 440.
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings on
the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the judgment. If evidence is produced which in a jury trial would require the issues to
be submitted to the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment are pending.
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MANUFACTURERS AND TRADERS
TRUST COMPANY successor by merger
to Keystone Financial Bank, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04 - 30.;lfV
G.uL '-ri/l..n1
v.
BRADLEY C. MCALLISTER,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/ A
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance on behalf of Plaintiff, Manufacturers and Traders Trust
Company, Successor by Merger to Keystone Financial Bank, N.A.
Papers may be served at the address set forth below.
Matthew J. Eshelman, Esquire
SAIDIS, SHUFF, FLOWER & LINDSAY
2109 Market Street, Camp Hill, P A 17011
(717) 737-3405 (fax) 737-3407
Date: Lf~l~L\
Respectfu"ly submitt ,
" r
SAID', 'HU'(,\. ',tER & LIND SA Y
~~;
By: ,v ~~ V _
Matthew J. Es\:lman, Esquire ID 72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorney for Plaintiff
MANUFACTURERS AND TRADERS
TRUST COMPANY successor by merger
to Keystone Financial Bank, N.A.,
Plaintiff
v.
BRADLEY C. MCALLISTER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. C>I./- 3~P (21c..XL'-r~
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certifY, to the best of my knowledge, that the Defendant, Bradley C. McAllister, in the
above-captioned action is not presently on active or nonactive military status.
Date:
b p4/6~
Respectfully submitted,
SAID:,,")I SHr, I', Fl'WER & LINDSAY
) 1/--
. \dJ '
By: " ~ 'i \Jv
Matthew J. {helman, Esquire ID #72655
2109 Market Street, Camp Hill, PA 1701 I
(717) 737-3405 (fax) 737-3407
Attorney for Plaintiff
__1
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f"~
MANUFACTURERS AND TRADERS
TRUST COMPANY successor by merger
to Keystone Financial Bank, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
0<./ - ~f
e,Vi/~
v.
BRADLEY C. MCALLISTER,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
CERTIFICATE OF ADDRESSES
I hereby certifY that the precise address of Plaintiff, Manufacturers and Traders Trust
Company, Successor by Merger to Keystone Financial Bank, N.A., is 1331 12th Avenue, Altoona,
Pennsylvania 16601; and that the last known address of the Defendant, Bradley C. McAllister, is
5140 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
Date: qJ4/ G~
Respectfully submitted,
SAIDS J':UFI',I?fLeDSA Y
BYJ~\
Matthew J. Eshelrr,an, Esquire ID #72655
2109 Market Street': Camp Hill, P A 170 II
(717) 737-3405 (fax) 737-3407
Attorney for Plaintiff
1"-'.._~'
.;;;.;,:)
L
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 TO 3149
MANUFACTURERS AND TRADERS
TRUST COMPANY successor by merger
to Keystone Financial Bank, N.A.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04-3028 CIVIL TERM
v.
BRADLEY C. MCALLISTER,
Defendant
: CIVIL ACTION - LAW
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary:
Issue writ of execution in the above matter,
(l) directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against Bradley C. McAllister, 5140 Erbs Bridge Road, Mechanicsburg,
Pennsylvania, 17055, Defendant; +
(3) and against the following Garnishees: McAllister, B.C. Paving Incorporated, 5140
Erbs Bridge Road, Mechanicsburg, Pennsylvania 17055;
(4) and index this writ
(a)
against N/ A
, Defendant; and
(b)
against N/A
Gamishee(s),
as a lis pendens against real property of the defendant in name of Garnishee as follows:
N/A
(5)
Principal Amount Due:
Interest & Fees from May 14, 2004,
Costs:
Date:
C{;I-%K
$ 90,722.01
at $15.78 per day (to be added)
$ (to be added)
Respectfully submitted,
~:IDI SH F ~tC L~A Y
Matthew J. Eshelman, Esquire ID #72655
2109 Market Street, Camp Hill, P A 17011
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiff, Manufacturers &
Traders Trust Company
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WRIT OF EXECUTION and/or A TT ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-3028 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST
COMPANY SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff (s)
From BRADLEY C. MCALLISTER, 5140 ERBS BRIDGE ROAD, MECHANICSBURG, P A
17055
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY
(2) You are also directed to attacb the property of the defendant(s) not levied upon in the possession
of McALLISTER, B.C. PAVING INCORPORATED, 5140 ERBS BRIDGE ROAD,
MECHANICSBURG, P A 17055 - SERVE THE INTERROGATORIES
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 ofthe defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $90,722.01
Interest FROM 5/14/04 AT $15.78 PER DAY
L.L. $.50
Atty's Corum %
Atty Paid $37.50
Plaintiff Paid
Date: AUGUST 8, 2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Prothonotary
'-- By: ~ (;4-' . P . ~~~../ Y I (
Deputy
REQUESTING PARTY:
Name MATTHEW J. ESHELMAN, ESQUIRE
Address: SAlDIS, SHUFF, FLOWER & LINDSAY
2109 MARKET STREET
CAMP HILL, P A 17011
Attorney for: PLAINTIFF
Telephone: 717-737-3405
Supreme Court ID No. 72655
So Answers;
r~,~ ~~
R,;, ~omas Kline, s=rtri1t"""
C)(luJ't- ~Jc..I
By Claudia A. Brewbaker
Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriffs Costs:
Advance Costs: 150.00
Sheriffs Costs: 133.66
$ 16.34
18.00
2.62
10.00
.50
1.00
16.80
40.00
20.00
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
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n:"~' M
cd'::Swom and Subscribed to before me
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This C!5(uday 0
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Refunded to Atty on 03/28/06
$
15.00
9.00
.74
133.66
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-3028 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST
COMPANY SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A., Plaintiff (0)
From BRADLEY C. MCALLISTER, 5140 ERBS BRIDGE ROAD, MECHANICSBURG, PA
17055
(I) You are directed to levy upon the property of the defendant (o)and to sell ANY AND ALL
PERSONAL PROPERTY
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of McALLISTER, B.C. PAVING INCORPORATED, 5140 ERBS BRIDGE ROAD,
MECHANICSBURG, PA 17055 - SERVE THE INTERROGATORIES
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 property of the defendant(s) not levied upon 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 $90,722.01
Interest FROM 5/14/04 AT $15.78 PER DAY
L.L. $.50
Arty's Comm %
Arty Paid $37.50
Plaintiff Paid
Date: AUGUST 8, 2005
Due Prothy $1.00
Other Costs
(Seal)
CURTIS R. LONG
Prothonotary p ~
~y: ~ 04JJ . r/l O~ r,_1
Deputy
REQUESTING PARTY:
Name MATTHEW J. ESHELMAN, ESQUIRE
Address: SAlOIS, SHUFF, FLOWER & LINDSAY
2109 MARKET STREET
CAMP HILL, P A 17011
Attorney for: PLAINTIFF
Telephone: 717-737-3405
Supreme Court ID No. 72655