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HomeMy WebLinkAbout01-2775MEMBER 1sT FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. :NO. OI-~'''775' ~,cL~"7-,..,,,.- : TIMOTHY W. MOTES, : Defendant : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend 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 HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN (]ET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AND NOW, comes Members 1st Federal Credit Union, by and through its attorney Robert B. MacIntyre, and respectfully avers the following: 1. Plaintiff Members 1st Federal Credit Union, hereinafter referred to as "Members", is a licensed and regulated credit union organized under the laws of the Commonwealth of Pennsylvania, and maintaining corporate offices at 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Timothy W. Motes, hereinafter referred to as "Motes", is an adult individual whose last known address is 611 Main Street, Marysville, PA 17053. 3. On or about September 13, 1996, Motes applied for and received a loan of $18,100.89 from Members. A copy of the note, disclosure statement and recorded mortgage are attached as Exhibit A. 4. Pursuant to the loan agreement, Motes was to pay the loan back over a period of 5 years. Interest was to be charged at the annual percentage rate of 9.2500%. 5. Motes has defaulted in the terms and conditions of the loan by failing to make payments as required. To date Motes is in default in principal payments the amount of $1,7102.68. Including interest, the balance now due and owing is $23,257.75. 6. Pursuant to the loan agreement, Motes is liable to Members for all costs of collecting the amount owed, including court costs and reasonable attorneys fees up to 20%. 7. Collection costs and attorneys fees in the instant case would likely total in excess of $5,000.00. 8. 20% of the outstanding balance of the loan is $4,651.55. WHEREFORE, plaintiff, Members 1st Federal Credit Union seeks judment in its favor and against defendant Timothy W. Motes in the amount of $27,909.30, together with interest and costs. Respectfu~submi~' I.D. ~ 36817 6000 Linglestown Road P.O. Box 6656 Harrisburg, PA 17112 (717) 652-9485 AMERC OFF CEN iMORTGAGEI 'rills MOR~AdEIS medici,--.~-, deyor..~P~ ................................... 19.~., ~lween the Mo~Eqor, ~.~ .~ ................................................... ...... MEMBERS I~ ~DERAL CRED~ ~[~N ................. a ~r~rat~n oriani~ and ...................... ~h~ ~bE~L ~REDIT UNION A~ ................................................................... (hc~in "~ndcr"). which indchtcdn~s i~ cviclrn~d by ~o~r's hole dat~ ~P~. ~- ~ .... and e~ensions and rentals 'J~ SKI'URE to ~nder the repayment of the indebl~ness ~idefl~ by the Note. with inlemt th~on; I~ pa~nl ,i and conve to ~nder the I~dlowinff de~ri~ p~fly ~at~i~ the C~nty t [ ~ .............. August 23 i9 96 r~ which ha~ the nddrm of ...7.8..Queen. Aye. .............................. Eno].8 .............. Pennsylvania .... J7.0.;~5. .............. (herein "Property Add,ss'); TOOL'THEn with dj lite improvements now OF hereafter erected on the properly, and all psements, riJhts. appurtenances &nd rents, all of which shall he deemed to be and remam a part of the property covered by this Mortgo~e and 'ti of the foregoing, toa~ther with said property (or the let~ehold estate if this Mortgogc is on a leasehold} ~re hereinafter referred to as the 'Properly." · O(xtowes covenants that BmTowcr is liwfully seised of thc estate bereb~ conveyed and has the right lo mortgoJe. Brant and convey the Property. and that the Properly is unencumbered, except for encumbrances of ~-cord. Borrower covenants that BoFrowe~ warlrants and will defend genetidly the tJtfe to thc property against ali claims and demands. subject to encumbrances of reeo~d. JPEm4SYLVANIA-s£co.o.o,, -,,M-FNU"r"'"' um,nm,N.TnUm. TJ '00,t341,A G6G Fat. nn UNIFORM COVBI4ANTS. BOiTOWeI* and Land·' covenant and agree as follows: I. Payment of Ptiadlnd mad hteimnt. Bon'ower shall promptly pay when due the principal and interest indebtodanu evidenced by the Note and late charges as provided in the Note. ~. Funds bi' Tarfa and bane·nco. Subject to applicable law or · written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of Ix4nidpat and interest are payable under the Nnte, until the Note is Paid in full, a sum (herein "Funds") equal to one.twelfth of the yearly tezes and assessments (including eondo,uinium and planned unit development assessments, if any) which may ntt·in priority over this Moflgege and g~ound rents on the I~oparty, if any, plus one-twal~ of yearly premium installments tbF hazard insurance, plus one-lwcll~h of yearly premium instollmants for mortgage insurance, if any, all as reasonably eatbnaled initially and from tim~ to time by Lender on the basis of assessments and bills and reasonable eMJmates thereof. Borrower shall not be obligated IO make such Payments of Funds to Lender to the eztent that BOtTOwer makes such Paymenls to the haddar of a prior mottgagc ce deed of trust Jf such homer is an insritotioaal lender. If Borrower pays Funds to lender, thc Funds shall be held in an institution the deposits or accounts of which are i~uurnd or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not ehatt~e fur so holding and applying the Funds. analyzing said account or verifying and compiling said assessments and bills, unless lender pays Borrower intezvst on the Funds and appheable law permits Lender to make such a charge. Borrower and lender may &gate in writing at the time of esecution of this Mortgage that interest on the Funds shall bc paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, lender shall not be required to pay BotTOWer any inter~t or ear·ions on the Funds. Lender shall give to GuFFawer, without charge, an annual accouotin8 of the Funds showing credits and debits to the Funds and the purpose tot which each debit to the Funds was made. The Funds are pledged as additional security for thc sums secured by this Mortgage. If the amount of thc Funds held by lender, toftether with the future monthly installments ut' Funds payable prior tO the due dates of laZeS, assessments, insurance premiums and ground rents, shall exceed the amount requi~( to pay said tileS, assessments, insurance premiums and ~Tound rents as they fall due. such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited lo Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground Feats as they fall due. Borrower shall pay to lender any amount nccessar~ to make up the deficiency in one or more payments us Lender may require. Upon payment in full of all sums secured by this Mortgage. Lender shall promptly refund lo BoTTOWer any Funds hem by Lender. if under paragraph 17 hereof the Prol~rty is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the property or its acquisitlos~ by Lender, any Funds hem by Lender at the time of applicat ion as a credit against the sums S~CUFed by this Mortgage. 3. A4~i~:'lea d Fu.ymenta. Unless applicable law provides otherwise, ali payments Feceiwd by l.~nder under the Note &nd jmragraplu I and 2 hereof shall be applied by LglideF firm in payment of amounts payable to Lender by Borrower under'parageaph 2 hereof, then to inte~t payable on thc Note. and then to the principal of the Note. 4. Prior Mortgegm and Deeds of Trait Char·est Llesu. narrower shall ~cFfurm all of Borrower'S obligations under any moflgage, deed of trust or other security agreement with a lien which hah priority over this ~,~ofl~agc, iff- eluding SaOtTOWer's covenants to make payments when duc. Borrower shall pay ur cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the ~'~.JpeFty which nsuy atloio a pFiorlty over this Mortgage, &nd leasehold Payments or 8round rents, if any. S. ~a.,..-d lnsunmce. Borrower shall keep the improvements now existing LJ£ hcl~a~leF erected off thc Property insu~'d against ioSb by fire. hazards id~.'luded within the term "cslended coverage", and suL'h other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to apprnval by Lender; provided. that such approval shall not be unreasonably withheld. All insurance policies and renewals Ihereo[ shrill he ioa form acceptable to Lender and shall include a standard mortgage clause in I'avor ut' and in a fuFm acceptahh: to Lender. lender shall have the right to hold the policies and renewals thereof, subje~l Wu the terms of any morlr~ab*e, tined al' trust or other security agreement with alicn which has priority over this [VIott gage. In the event of loss. BoETowcr shall give prompt notiee to the insurance Carrier and Lender. Lender may make proof of loss if not mndc promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond tit lender Mthio ~0 days Ir~nn the date notice is malted by Lender lo Borrower that the insurance carrier often to settle a claim fur insurance benefits. I_end~r is authorized to collect and apply the insurance proceeds at lender's optiou either to restoration or ~paic o1' thc Property or to the sums secured by this Mortgage. 6. pt~aefvntioa and Mdntenance of Propartyt Leaaeholdsj Coodomlnlumsi Planned Unit Developmenls. Bor- rower shall keep the Property in good repair and shall not commit wasle or permit impairment or deterioratifln of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this F4ortgage is on a unit in a condominium or I planned unit development, Borrower shall perform ali of BoFr~wer's obligations under the declaration or covenants creating OF governing 1he condominium or planned unil dcveiopmcot, lite by-laws and reguletlous of the condominium or planned unit development, and constituent documents. 7. Proteetfua of Lender's Seeurlty. If nmTower fails to perform the covenants and agreements contaioL*d in this Moflgege, or if any action or proceeding is commenced which materially atTccts Lender's inlerest in the Property, then Lender, at lender's up(ion, upon notice to Borrower. may make such appoarauces, disburse such sums. including reasonable attorneys* fees, ·nd take such action as is necessar~ to protect lender's interns1. If Lender required mortgage insurance as a condition of making the loan secured by this lvfoflgage, norrow~r shall pay the premiums required to maintain such insurance in effect until such time as the requirement Ik,r such insurance terminates ill acc~rdance with Borrower's and lender's written agreement or appian·Me law. Any amounts disbursed by lender pursuant to this paragraph ?, with intercst thereon, at the Note rate, shall become additional jndebtndness of Borrower secured by this Moflgage. Uiden Borrower and Lender agree to mher terms of payment, such amounts shall he payable upon notice from Lender to saorrowcr requesting Poymeot thereof. Nothing contained in this paragraph 7 shall ~quire lender to incur any expense or take any action hereunder. 8. Impaotton. Lender may make or cause to be made reasonable enlries upon and inspections of the Pl'Opetty, peovided that Lender shall give Borrower notice prior te any such inspection speeifyin~ reasonable cause therefor related to Lender's interest in the Property. 9. Ceadsranntba. The proceeds of any award or claim for damages, direc~ or consequential, in connection with any condemnation or other taking of the Property, or pan thereof, OF for conveyance in lieu of co·de·tn·lion, are hereby assisnnd and shall he paid to Lender, subject TO the terms of any mortgage, deed of trust or other security a~ee- meat with a lien which has priority over this Mortgage. s,-:,,' 4 '~ 4 4 ,,.,.. md the eeeei~er altali be flame to account Dui! ~' those ~-to~ actually ~ivM. ~ ~. U~ pi~ent o[ ~1 s~s ~u~ ~ thb MoKga~. ~r G~I d~h~ge th~ Mm~ ~t~m ~ to ~r. ~r ~dl pay all ~ of ~atM, if any. 21. i ~ ~ h~t. B~ afro th~ the interne fmc payola afl~ a j~t is ent~ ~ the N~e or ia u ~ ofmoflp~ h~l~u~ ~dl ~ the fate stlt~ in the N~e. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender requesl thd holder of any mortgage, deed of trust or uther encumbrance with a lien which ha~, ! hergby CeTlif¥ that th~ precise address of the L~ndgr (MortpSee) is: .................................... ~?s t .'r~.l .~..~.~ .e.o.,. p~ ~.c..~. ~.Lc.s~.qn.9, r.~..t?~ ....................................... (~,; ~,;~/o'~;~,, ~;,;'er('b ..... ~,~.'~.'.'.'......,~< :,, ...... '~t,e:...[~'~"?..W~r. ................... COMMONWEALT~ OF ~ENNSYLVANIA... Cumberland ............... Couflty ss: O~ this, the ................. ~.qt, h.. day of... Septembm' .................... i~). ciG.., before me. ............ nebz-e. A.. 0onmoye~',. e. not, aty .pub].ic ....... t he undersigned ulflcer, penonaliy appeared ............. T..Lmo'l;by. Ho:r,a~ ............................................................... known to me (or satisfaetotity proven) lo be the person whose nlmte ..... 4,a .............. subscribed to the within instrument and acknowledged that ......... hO .......................... executed the same tbr the purposes herein contained. [FI WtTFI~SS WHEREOF, I hereunto set my hand and o~cial seal. ' ' .... ~,,,--t-t',~.,-- .... L~...... 4,J ... .. gi.7~,,,'..,~ --' P'zU.I .. · -, ,=,,,i co,~y,,~ .. - ': I../-I t ?'.T. --- Pag.~i ~ . '~ .. .., ,,..,,,~t~.l o~ o~L ~fl~ R~r 6t 800K1341PA~ 689 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-02775 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAIqD MEMBER 1ST FEDERAL CREDIT UN VS MOTES TIMOTHY W 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: MOTES TIMOTHY W but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 17th , 2001 , this office was in receipt of the attached return from PERRY Sheriff's Costs: S~~ Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. ~homas Kline Dep. Perry Co 27.80 Sheriff of Cumberland County .00 64.80 05/17/2001 MCINTYRE & MCINTYRE Sworn and subscribed to before me this 8_~ day of~%,~.~ 2~i A.D. Prothonotary w · SHERIFF'S RETURN In the Court of Common Pleas Of the 41" Judicial District of Pennsylvania-Perry CountyBranch Member 1" Federal Credit Union NO. 2001-2775 Vs Timothy W. Motes 611 S. Main St. Marysville, Pa. 17053 George W. Fro~vnfelter, Sheriff, who being duly swom according to la,v, says that he made a diligent search mid inquiry for the within named Defendant(s) to wit Timothy W. Motes at 611 S. Main St. Marysville, Pa. 17053 but was unable to locate him/her in his bailiwick. He therefore returns the Complaint NOTFOUND ", as to the within named Defendant(s) Timothy W. Motes. Moved mad left no forwarding address. Sworn and subscribed to before me Sheriff of Perry County this /.5' dayof ///tO. ,~001. I MY -C~---~a~lml EIFIRES FL'6' 16' 21x]4 In The Court of Common Pleas of Cumberland County., Pennsylvania Members 1st ~ederal Credit Union Timothy W. Motes No. 01-~775 c~v~] Now, 5 / 8 / o 1 ,20 O O, I, SHERIFF OF CUMBERL.~qD COUNTY, PA, do hereby deputize the Sheriffof perry County to execute this Writ, this d~putation being made at the request and risk of the Plaintiff. Sheriff of Cumb~rland County., PA Affidavit of Service Now, ,20 , at o'clock ~ ~v[. served the within upon by handing to a . copy of the original and made !,mown to thc contems thereof. So answ~m, Sheriff of Count, PA COSTS Sworn and subscribed before SERVICE. $ me this __ day of ,20 M~LEAGE AFFmAVlT $ MEMBER IsT FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : No.O~-~9-/'/S ~--~,-,~ -~-~,~'~ ; TIMOTHY gr. MOTES, : D~fendant : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend 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 cam 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 HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 tRUE COPY FROM RECORD Testimony whereof, I here unto set my harL_' ~1 the ~ of said COrn1 at Carlisle, I~. Prothonotarf IN THE COURT OF ~ COI,.~T~, PENNSYLVANIA Plaintiff : TIMOTHY N. ~OTEB, : Defendan~ : AND NOW, comes Members 1st Federal Credit Union, by and through its attorney Robert B. MacIntyre, and respectfully avers the following: 1. Plaintiff Members 1st Federal Credit Union, hereinafter referred to as "Members", is a licensed and regulated credit union organized under the laws of the' Commonwealth of Pennsylvania, and maintaining corporate offices at 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Timothy W. Motes, hereinafter referred to as "Motes", is an adult individual whose last known address is 611 Main Street, Marysville, PA 17053. 3. On or about September 13, 1996, Motes applied for and received a loan of $18,100.89 from Members. A copy of the note, disclosure statement and recorded mortgage are attached as Exhibit A. 4. Pursuant to the loan agreement, Motes was to pay the loan back over a period of 5 years. Interest was to be charged at the annual percentage rate of 9.2500%. 5. Motes has defaulted in the terms and conditions of the loan by failing to make payments as required. To date Motes is in default in principal payments the amount of $1,7102.68. Including interest, the balance now due and owing is $23,257.75. 6. Pursuant to the loan agreement, Motes is liable to Members for all costs of collecting the amount owed, including court costs and reasonable attorneys fees up to 20%. 7. Collection costs and attorneys fees in the instant case would likely total in excess of $5,000.00. 8. 20% of the outstanding balance of the loan is $4,651.55. WHEREFORE, plaintiff, Members 1st Federal Credit Union seeks judment in its favor and against defendant Timothy W. Motes in the amount of $27,909.30, together with interest and costs. I.D. # 36817 6000 Linglestown Road P.O. Box 6656 Harrisburg, PA 17112 (717) 652-9485 N4ERC OFF CEN · ~3~h da Septembe~ THIS MORTGAGE is made~. ~h' ' ~s y of ............................................. ~q .~.. ~.~. ~he Mo.~q~...- ~-..~ ......................................................... which indchledn.s is evidrn~d h~ B.~r's nole dated ~. ~t- ~ .... and e~ensions and refill s AugUS~ 23 96 which has the address o! .. ,7~ .Quqeo. ArK .............................. Enole .............. Pcnnsylvlmin .... $7.. C]2.5. .............. (herein ,'Property Addres.q"); IpENNSYLVANIA-sECOND .ORT~-~;BO--F"m~rdLUC U*FORn m]nUNENTJ B00K:L;341PA~i C~JG Fen 3nB t.h4lPOalU COVn'(ANTS. Boivower and f__...d.f covenant ~ ~ U ~: ' ~ncipd and Int~ ~ ~ by th~ Hole ~d tie eh~Bn u p~ in the H~. 2. ~i b T~ ~ ~. Sub~ to ap~ab~ Jaw or i wrMen waiver by ~nder, 8~r sh~l pay to ~ ~ t~ day ~thly ~U of p~ipal and intemt a~ ~yablc u~er L~ Hole, until the Note is ~id in hl], a sum (~in "Fun~") equal ~ ~c-t~lflh of the yearly ta~s and amsments (includin8 condotninium and p~ unit ~ent ~mts, if a~) wh~h may attain pfi~ity ~cr this M~EaBc and Br~ ~nts ~ I~ ~fly, It any, ~us ~Ptwel~h of ~arly p~mium instali~nts [~ hm~ insuran~, plus one-t~lflh of yearly ~ium in~dlm~ For ~p~ i~rancc, if any, iii u ~aMnably ~timated inithlly and [r~ time to time ~ ~ or trmt iFsuch holder is an iMtitution~ lender, institutbn the de~its ~ ~unts oF wh~h are zr ~ ~xs ~s ,o ~er, the Pu~s shall ~ ~ld in an ~Min8 a~ applyin8 the Fu~s, analy~n8 slid ~nt ff ud~in8 a~ ~mpilJnK sam as~nm~nts a~ bill~, units Funds wu m~e. ~e Funds a~ pi~ as addit~nal ~Fity For the sums sKur~ by this M~aase. o;1~ i;nm m~c ~mptly by B~r. ~ M the sums ~u~ by th~ Mofl~. 6. ~bn md Mdn.nm~ of ~t ~1 ~bhiumst Piu~ ~nll ~velop~U. aur- a. I~n. ~nder may make or cau~ to ~ m~c ~nable entri~ u~n and ins~ions oF rite Pro~y, ~nt with a I~ which hn ~ty ~r ihs M~8~. and the ~ shall he liable to acconnt only for thos~ rants actually r~eeived. 20. Rdm#. Upon payment of all sums secured by thb Moflgage, Lender shall discharge th~s Mortgage without charge to Bom)wet. Bo~ower shall pity all costs of recordation, if any. 21. Inmut bte Abr b.fe~mt. Borvoler agrees that the interest rate payable after · judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST I horeby eertif~ thai h~ precise addreMi of the Lender (Moil gagee) is~ .................................... ~275 E. TRIh'DLE ROAD~ M ECH~A N ~CSB [{R..G,. PA 170S$ ............................... 6; ~,;,;,;r~'r ...... . 'L,~ ....... '..:..'~ .~ '.%'. '. '. '. '. '.' ~,;;:'. '. '.~.q~.~. ~r~ ~r .................... COMMO~IWEALTH OF J~NNSYLVANIA, .. CL~nbez'].and ............... County ss: ~n th~, the ................ .1.:3th.. day of... ,~2tember .................... I~. 9~... be[oze me. ............ nebra. A.. Donmoyez',. a. not. a:y. pubZ/c. ...... the undersigned ufficcr, perbonally appeared ............ .T.~mot, by. Mot:eR ............................................................... known to me (or satisfactorily pFoven} to be the perxofl who~e name ..... ~.s. ............. subscribed to the within instrument and acknowledged that ......... h8 .......................... executed the same for the purposes herein contained. IN WITNESS WHEREOF. ] hereunto SCl my hand and olllcial seal. MyCommissiou,~,,,. expires: ~ ~., .~..,~ ......'-.-,oo ....... - .... .... ......... .~:.;. . .. Boo~/841n~ 689 THE I~'rA'I'ID~ID,~'~ MADg IN THE FORF. GOIN~ 13OCUMINT ~ TRUE AND CORR~ ~g ~ATEM~ ~ERE~ ~E M~E ~EGT TO THE Pg~ OF !~ PA, ~. ~. sHERIFF'S RETURN - oUT OF coUNTY CASE NO: 2001-02675 P CoMMONWEA3~TH OF pENNSYLVANIA: CoUNTY OF cuMBERLAiqD oR~TIZ JOHN M pHD ET AL VS THOMAS ~NGELAL ESQ ET AL sheriff or Deputy sheriff who being R. Thomas Kline that he made a diligent search and duly sworn according to law, says, to wit: and inquiry for the within named DEFENDANT' KAMINSKI CAi~OLYN D FoRMERLY CAROLYN D woLfF therefore but was unable to locate Hi__~__m in his bailiwick. He county, pennsylvania, to deputized the sheriff of DAUPHIN~ serVe the within wRIT OF SUMMONS On June _ ~l~th , ~ ' this office was in attached return from DAUPHIN --~ ' rs~/~,./~ So a]~e Docketing 9.00 out of county cu e 10.00 ~C ~ ~ n rland Coun y Surcharge 29.25 Dep Dauphin C° 00 ANGINO & RoVNER sworn and subscribed to before me this ~1~ day of ~ In-The Court of Common Pleas of Cumberland County, Pennsylvania John M. Otiz, et. al Carolyn Kaminski, Esq, f/k/a Carolyn D. Wolf No. 01-2675 Civil Now, 5 / l 4 / 01 ,20 O O, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Dauphi~. County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ., 20 , at o'clock __ M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sh~iffof County, PA COSTS Sworn and subscribed before SERVICE $ me this day of ,20 MILEAGE AFFIDAVIT $