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HomeMy WebLinkAbout02-0360FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BRANCH BANKING AND TRUST COMPANY P.O. BOX 2027 GREENVILLE, SC 29602 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM V. Plaintiff NO. O.Z - J40 CUMBERLAND COUNTY SARA B. MCALICHER ROBERT M. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 01 v 4L. I **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan a: 6079027500 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is BRANCH BANKING AND TRUST COMPANY P.O. BOX 2027 GREENVILLE, SC 29602 2. The name(s) and last known address(es) of the Defendant(s) are: SARA B. MCALICHER ROBERT M. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/27/76 THOMAS D. BLISS AND CONNIE M. BLISS made, executed and delivered a mortgage upon the premises hereinafter described to BOGLEY, HARTING, MAHONEY, AND LEBLING, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 615, Page 421. By Assignment of Mortgage Recorded 11/9/92 the mortgage was assigned to ONE VALLEY BANK which Assignment is recorded in Assignment of Mortgage Book No. 430, Page 977. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 511101 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $12,336.97 Interest 671.30 4/1/01 through 12/1/01 (Per Diem $2.74) Attorney's Fees 1,000.00 Cumulative Late Charges 127.39 12/27/76 to 12/1/01 Cost of Suit and Title Search 550.00 Subtotal $14,685.66 Escrow Credit 0.00 Deficit 199.14 Subtotal 199.14 TOTAL $14,884.80 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 10. Plaintiff hereby releases THOMAS D. BLISS AND CONNIE M. BLISS, his/her heirs and assigns from liability for the debt secured by the mortgage. WHEREFORE, PLAIN'T'IFF demands an in rem Judgment against the Defendant(s) in the sum of $14,884.80, together with interest from 12/1/01 at the rate of $2.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN piece or parcel of land situate in East Pennaboro Townahip, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Michael C. D'Angalo, Ragistered Survegor, dated December 1, 1976, as follows, to wit: BEGINNING at a point along the easterly line of Henry Road, which point is 686.82 feet Southeast of the Northeast corner of the intersection of Henry Road and Louis Lane; thence along the dividing line between the herein described lot and lot no. 144 on the hereinafter mentioned plan of lots, North 44 degrees, 00 minutes East, a distance of 110.00 feet to a point at the dividing line between the herein described lot and lot no. 162 on the herein- _ after mentioned plan of lots; thence along said dividing line and beyond, South 46 degrees, 00 minutes East, a distance of 67.00 feet to a point at the dividing line between the herein described lot and lot no. 142 on the herein- after mentioned plan of lots; thence along said dividing lin South 44 degrase, 00 minutes West, a distance of 110.00 fast to a pin along the easterly line of Henry Road; thence along said line, North 46 degrees, 00 minutes West, e distance of 67.00 feet to a pin, the place of BEGINNING. BEING Lot No. 143 on Plan of East Pennaboro Village, recorded in Plan Bock 9, Page 16. HAVING thereon erected a lYz story brick and aluminum aiding dwelling house known as 143 Henry Road. BEING THE SAME PREMISES which Thomas W. Hoffert and Linda L. Hoffert, his wife, by their Deed dated December 27, 1976, and recorded December 28, 1976, In the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Deed Book Y, Volume 26, Page 575, granted and conveyed unto Thomas D. Bliss and Connie M. Bliss, his wife, the Grantors herein. A.? VERIFICATION LAWRENCE T. PHELAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that he is authorized to take this Verification, that the statements made in the foregoing Civil Action in Mortgage Foreclosure have been communicated to him by the Plaintiff as true and correct, and that based upon this assertion verifies that the statements contained in the Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. A verification by Plaintiff will be substituted for this verification when received. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Federman and Phelan By: La e c T. Phelan, Esquire DATE: I i to `U (?- ,o + C C V ? 1 Ce`s A `?c°? -DM cuf'. SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00360 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRANCH BANKING AND TRUST CO VS MCALICHER SARA B ET R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT MCALICHER ROBERT M but was unable to locate Him in his bailiwick COMPLAINT - MORT FORE , He therefore returns the NOT FOUND , as to the within named DEFENDANT , MCALICHER ROBERT M MAIL STILL GOES TO ENOLA ADDRESS, BUT HE IS SUPPOSED TO BE LIVING IN HIS CAR. Sheriff's Costs: So answer : Docketing 6.00 Service 20.70 Affidavit .00 R Thomas Kli e Surcharge 10.00 Sheriff of Cumberland County .00 36.70 FEDERMAN & PHELAN 02/12/2002 Sworn and subscribed to before me this -04k day of U? A.D. 'L q?nj? Proth o ary SHERIFF'S RETURN - REGULAR CASE NO: 2002-00360 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRANCH BANKING AND TRUST CO VS MCALICHER SARA B ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MCALICHER SARA B was served upon DEFENDANT the at 1105:00 HOURS, on the 4th day of February , 2002 at CUMBERLAND CO OFFICE OF AGING ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to PRISCILLA M. WHITMAN GUARDIAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 01744 day of a-&9, A. D. Pr t notar I So Anscwers : R. Thomas Kline 02/12/2002 FEDERMAN & PHELAN By: Deputy eriff Acceptance of Service I accept the service of the Notice & Complaint in Mortgage Foreclosure (on behalf of Sara B. McAlicher and certify that I am authorized to do so.) Date Authorized Agent Ciunberland County Office of Aging Carlisle, PA 17013 Mailing Address FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BRANCH BANKING AND TRUST COMPANY P.O. BOX 2027 GREENVILLE, SC 29602 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0a -.3 to 0 GI L) SARA B. MCALICHER ROBERT M. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE We hereby certify the CARLISLE, PA 17013 Within to be a true and (717) 249-3166 correct copy of the original filed of record TRUE COPY FROM RECORD FEDERMAN AND PFl"M In Tsstimo W whereof, I here unto set ray hand and the seal of said Cou at Carlisle, ft. rn ? Loan #:6079027500 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is BRANCH BANKING AND TRUST COMPANY P.O. BOX 2027 GREENVILLE, SC 29602 2. The name(s) and last known address(es) of the Defendant(s) are: SARA B. MCALICHER ROBERT M. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described 3. On 12/27/76 THOMAS D. BLISS AND CONNIE M. BLISS made, executed and delivered a mortgage upon the premises hereinafter described to BOGLEY, HARTING, MAHONEY, AND LEBLING, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 615, Page 421. By Assignment of Mortgage Recorded 11/9/92 the mortgage was assigned to ONE VALLEY BANK which Assignment is recorded in Assignment of Mortgage Book No. 430, Page 977. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 511101 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $12,336.97 Interest 671.30 4/1/01 through 12/1/01 (Per Diem $2.74) Attorney's Fees 1,000.00 Cumulative Late Charges 127.39 12/27/76 to 12/1/01 Cost of Suit and Title Search 550.00 Subtotal $14,685.66 Escrow Credit 0.00 Deficit 199.14 Subtotal $ 199.14 TOTAL $14,884.80 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 10. Plaintiff hereby releases THOMAS D. BLISS AND CONNIE M. BLISS, his/her heirs and assigns from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $14,884.80, together with interest from 12/1/01 at the rate of $2.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN piece ar parcel of land situate in East Pennaboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Michael Co D'Angelo, Registered Survagor, dated December 1, 19`76, as follows, to wit: BEGINNING at a point along the easterly line of Henry Road, which point is 666.82 feet Southeast of the Northeast corner of the intarsection of Henry Road and Louis Lane; thence along the dividing line between the herein described lot and lot no. 144 on the hereinafter mentioned plan of lots, North 44 degrees, 00 minutes East, a distance of 110.00 feat to a point at the dividing line between the herein described lot and lot no. 162 on the herein- after mentioned plan of lots; thence along said dividing line and beyond, South 46 degrees, 00 minutes East, a distance of 67.00 fast to a point at the dividing line between the herein described lot and lot no. 142 an the herein- after mentioned plan of lots; thence along said dividing lin South 44 degrees, 00 minutes West, a distance of 110.00 fast to a pin along the easterly line of Henry Road; thence along said line, North 46 degrees, 00 minutes Wast, e distance of 67.00 feet to a pin, the place of BEGINNING. BEING Lot No. 143 on Plan of East Pennaboro Village, recorded in Plan Back 9, Page 16. HAVING thereon erected a 1A story brick and aluminum siding dwelling house known as 143 Henry Road. BEING THE SAME PREMISES which Thomas W. Hoffert and Linda L. Hoffart, his wife, by their Deed dated December 27, 1976, and retarded December 28, 1976, in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Deed Book V, Volume 26, Page 575, granted and conveyed unto Thomas D. Bliss and Connie M. Bliss, his wife, the Grantors herein. VERIFICATION LAWRENCE T. PHELAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that he is authorized to take this Verification, that the statements made in the foregoing Civil Action in Mortgage Foreclosure have been communicated to him by the Plaintiff as true and correct, and that based upon this assertion verifies that the statements contained in the Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. A verification by Plaintiff will be substituted for this verification when received. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Federman and Phelan - 5? By: La e c T. Phelan, Esquire DATE: I " ! b -D,4-. 10, lid oa h FEDERMAN AND PHELAN ATTORNEY FOR PLAINTIFF BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BRANCH BANKING AND COURT OF COMMON PLEAS TRUST COMPANY CIVIL DIVISION VS. CUMBERLAND COUNTY SARA B. MCALICHER ROBERT M. MCALICHER NO. 02-360 CIVIL THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. MOTION FOR SERVICE PURSUANT TO SPFQAI, ORDER OF COURT Plaintiff, by its counsel, Michele M. Bradford, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 143 HENRY ROAD, ENOLA, PA 17025 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". CZC, Svc Dept. HIMain Forms/mot ons/county.comp 3. Internal records reviewed by Plaintiff and has not been contacted by defendant as of March S, 2002 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. ?n1;76? Michele M. Bradford, Esquire CZC, Svc Dept. R/Main Forms/motions/county.comp FEDERMAN AND PHELAN ATTORNEY FOR PLAINTIFF BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 BRANCH BANKING AND TRUST COMPANY COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY NO. 02-360 CIVIL SARA B. MCALICHER ROBERT M. MCALICHER Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Clanzales vs pons, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last (mown address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of hrfonvation Act, 39 C.F.R. Part 265,(2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. Respectfully submitted: ?O? Michele M. Bradford, Esquire WMain Forms/motions/county.comp FroCCUMBERLAND CO. SHERIFF'S OFFIC7172406397 . 03/04/2002 11:05 #117 P.002 ?n??cirr o AQIV2 v - 141J rvULM" CASE NO: 2002-00360 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRANCH BANKING AND TRUST CO VS MCALICHER SARA B ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT MCALICHER ROBERT M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT MCALICHER ROBERT M MAIL STILL GOES TO ENOLA ADDRESS, BUT HE IS SUPPOSED TO BE LIVING IN HIS CAR. Sheriff's Costs: So answe r ?. Docketing 6.00 Service 20.70 Affidavit .00 R/ Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 36.70 FEDERMAN & PHELAN 02/12/2002 Sworn and subscribed to before me this A. D. day of Prothonotary EXHIBITA EKL DATA, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: File Number: Attorney Firm: Subject: Property Address : Last Known Address: Current Address: Last Known Number: Federman & Phelan Robert M. McAlicher Sara B. McAlicher 143 Henry Road Enola, PA 17025 143 Henry Road Enola, PA 17025 143 Henry Road Enola, PA 17025 George H. Lewis, III, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of researcher for EKL DATA, INC. 2. On December 12, 2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: Credit Information A. Social Security Number 1. Robert M. McAlicher: 19146-3380 2. Sara B. McAlicher: 176-07-5568 B. Employment Search: Could not locate any employment information for the above named subject at this time. C. Inquiry of Creditors: The creditors indicated that Robert M. McAlicher and Sara B. McAlicher both reside at 143 Henry Road, Enola, PA 17025. it. Inquiry of Telephone Company A. Directory Assistance Search: The Telephone Company has no listing for the above named subjects at this time. III. Inquiry of Neighbors Contacted Thomas Hoffert of 142 Henry Road, Enola, PA 17025 and verified that Robert M. McAlicher and Sara B. McAlicher do indeed reside at 143 Henry Road. IV. Inquiry of Post Office A. National Address Update: As of December 12, 2001 the National Change of Address has no forwarding record for Robert M. McAlicher and Sara B. McAlicher listed at 143 Henry Road, Enola, PA 17025. V. Inquiry of DMV The Pennsylvania Department of Motor Vehicles has Robert M. McAlicher and Sara B. McAlicher listed at 143 Henry Road, Enola, PA 17025. EXHIBIT "B EKL DATA, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION V. Inquiry of DMV The Pennsylvania Department of Motor Vehicles has Robert M. McAlicher and Sara B. McAlicher listed at 143 Henry Road, Enola, PA 17025. VI. Other Inquiries A. Death Records: As of December 12, 2001 the Social Security Death Index has no death record on file for Robert M. McAlicher under his social security number nor is there a record for Sara B. McAlicher under her social security number. B. Public Licenses None Found C. County Voter Registration: The county does have Robert M. McAlicher listed as a registered voter and does have Sara B. McAlicher listed as a registered voter with an address of 143 Henry Road, Enola, PA 17025. D. D.O.B.: Robert M. McAlicher: 05/05/1952 Sara B. McAlicher. 12/00/1916 E. Miscellaneous Information None Subscribed and swom before me on December 12, 2001. Notarial 9ea1 Notary Public ESan K Levels, Notary Public Lower Masan 7Mp.. rryy Co2 My Cortltrtiadon E 24, 2003 EKL DATA, INC. O 66 Brookline Boulevard O Havertown, PA 19083 Tel.: 1-888-829-5768 0 Fax: 610446-2779 0 email: ekl-data@home.com EXHIBIT 9131111, Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Date: March 5, ?007 Michele M. Bradford, Esquire R/Main Fom /motions/county.comp ,, <_,. _ _ : c>> _ __ ??? , _ ? ,_ ;: ,?? ;? ?_ ??? __. ?- ,, ?,? ?? -J FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 561-7000 BRANCH BANKING AND TRUST COMPANY Vs. SARA B. MCALICHER ROBERT M. MCALICHER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-360 CIVIL I, Michele M. Bradford, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. ROBERT M. MCALICHER at: 143 HENRY ROAD ENOLA, PA 17025 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: March 5, ?nm Michele M. Bradford, Esquire Attorney for Plaintiff CZC, Svc Dept. R/Main Forms/motions/countyxomp r FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2„15,) 561-7000 BRANCH BANKING AND TRUST COMPANY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Vs. SARA B. MCALICHER ROBERT M. MCALICHER CUM)l . ,. _ COUNTY AN AND PHELAly No. 02-39 1+Ev FILE COPY r.I JE RETURN C F,RTIFIC ATION OF SF.RVIC R rtN'D PHELAN Y a:U..' o C / I, ktjf N. Bradford, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. ROBERT M. MCALICHER at: 143 HENRY ROA19 ` ENOLA, PP, 39025s The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: March 5, 2002 Michele M. Bradford, Esquire Attorney for Plaintiff CZC, Svc Dept. HIMain Forms/motions/county.comp r-' ? o FI' rT (lirr, Z7, a - :tl -?-n jm cn ? FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (15) 563-7000 BRANCH BANKING COMPANY AND TRUST Plaintiff VS. SARA B. MCALICHER ROBERT M. MCALICHER Defendants Attorney for Plaintiff . COURT OF COMMON PLEAS . CIVIL DIVISION . Cumberland County . No. 02-360 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: March 5, 2002 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CZC, SVC DEPT Cl .; ice' C7 [T+ BRANCH BANKING AND TRUST COMPANY, Plaintiff V. SARA B. MCALICHER and ROBERT M. MCALICHER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-0360 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of March, 2002, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ordered that Plaintiff may obtain service of the Complaint on the above-captioned Defendant Robert M. McAlicher, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address and to the mortgaged premises located at 143 Henry Road, Enola, PA 17025, by publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, and by posting the mortgaged premises. SERVICE of the aforesaid mailings shall be effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office of Cumberland County an affidavit of service. a3! BY THE COURT, I bra WSNN' d A2,jNn n (7!+`7,43q-Nno 7?' : '!3 S C dvw 20 ?jo ,Michele M. Bradford, Esq. FEDERMAN AND PHELAN 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff :rc FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 561-7000 BRANCH BANKING AND TRUST COMPANY Attorney for Plaintiff COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. ROBERT M. MCALICHER CUMBERLAND COUNTY Defendant(s) NO. 02-360-CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to ROBERT M. MCALICHER at 143 HENRY ROAD, ENOLA, PA 17025, on March 2R. 2002 , in accordance with the Order of March 14, 2002. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: March 79 9009 'h? am-i' FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -o? ? -? ? ; r E W -ai" J ? ?? ^t7 ? -G ,? SHERIFF'S RETURN - REGULAR CASE NO: 2002-00360 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRANCH BANKING AND TRUST CO VS MCALICHER SARA B ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHER ROBERT M the DEFENDANT , at 1429:00 HOURS, on the 5th day of April , 2002 at 143 HENRY ROAD ENOLA, PA 1702 by handing to POSTED PROPERTY AT 143 HENRY ROAD ENOLA, PA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Posting 6.00 Surcharge 10.00 .00 44.35 Sworn and Subscribed to before me this /.2't" day of -2&y -2? A. D. ?a 0 .10;. , i P' thonotary So Answers : R. Thomas Kline 04/09/2002 FEDERMAN & PHELAN By: ?: ? Deput Sheriff FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE Attorney I.A. No. 12248 Suite 900 - Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 BRANCH BANKING AND TRUST COMPANY VS. SARA B. MCALICHER ROBERT M. MCALICHER Attorney for Plaintiff COURT OF COMMON PLEAS . CIVIL DIVISION CUMBERLAND COUNTY No. 02-360-CIVIL AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the attached Court Order dated as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)in in COUNTY OF CUMBERLAND on APRIL 9,2002 and CUMBERLAND LAW JOURNAL on APRIL 19, 2002. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE DATE: May 7, 2002 BYH, Svc Dept. J 4.6 r r PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-360-CIVIL BRANCH BANKING AND TRUST COMPANY, PLAINTIFF Vs. SARA B. MCALICHER and ROBERT B. MCALICHER, DEFENDANTS NOTICE TO ROBERT B. MCALICHER: You are hereby notified that on JANUARY 22 2002. Plaintiff, BRANCH BANKING AND TRUST COMPANY, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylvania, docketed to No. 02-360-CIVIL. Where- in Plaintiff seeks to foreclose on the mortgage secured on your property located at 143 HENRY ROAD, ENO- LA, PA 17025, whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney, and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and Judgment may be entered against you without further notice tot the relief requested by the Plaintiff. You may lose money, the property or other rights important to you. You should take this notice 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANKFEDERMAN Attorney for Plaintiff FEDERMAN & PHELAN, L.L.P. One Penn Center, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 1 9. 2002 Aff iant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. i r6l April 10, 2002 Sworn to and subscribed before me this 10th day of April 2002. Notary Public My commission expires: Garl?s?n a-a? r, _MX Ctm^1is PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz APRIL 19, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are Ro M. Morgenthal, Editor - Z- SWORN TO AND SUBSCRIBED before me this 19 day of APRIL. 2002 LOIS E. SNYD CsrWle Born, C wW Pig* County Corr ipion E00 Mob 5, 2W5 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 02-360-Civil BRANCH BANKING AND TRUST COMPANY, PLAINTIFF VS. SARA B. McALICHER and ROBERT B. McALICHER, DEFENDANTS NOTICE TO ROBERT B. McALICHER: You are hereby notified that on January 22, 2002. Plaintiff, Branch Banking and Trust Company, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County, Penn- sylvania, docketed to No. 02-360- Civil. Wherein Plaintiff seeks to fore- close on the mortgage secured on your property located at: 143 Henry Road, Enola, PA 17025, whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. court. You are warned that if you fail to do so, the case may proceed without you and Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money, the property or other rights important to you. You should take this notice 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE FEDERMAN & PHELAN, L.L.P. Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Apr. 19 NOTICE You have been sued in court. If you wish to defend, you must enter a written appearance personally or by attorney, and file your defenses or objections in writing with the n Q T- C J.: G C v1 tJ C- ?J i 0 Z ' 51 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BRANCH BANKING AND TRUST COMPANY P.O. BOX 2027 GREENVILLE, SC 29602 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. SARA B. MCALICHER ROBERT M. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 Defendant(s). CIVIL DIVISION NO. 02-0360 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SARA B. MCALICHER and ROBERT M. MCALICHER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/2/01 to 5/29/02 TOTAL $14,884.80 $490.46 $15,375.26 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. ?//fJnnNl w ti ? FEDE , ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY C7 C-D C cam; -„ 7) CT. t ?? C L _- ? a •?t FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BRANCH BANKING AND TRUST COMPANY Plaintiff vs. SARA B. MCALICHER ROBERT M. MCALICHER Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-360-CIVIL Defendant TO: ROBERT M. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 COPY DATE OF NOTICE: MAY 17. 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 /l ?z-c L lc? -16 Frank Federman, Esquire Attorney for Plaintiff 'FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQLgRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BRANCH BANKING AND TRUST COMPANY Plaintiff VS. SARA B. MCALICHER ROBERT M. MCALICHER Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-360-CIVIL Defendant (s) TO: SARA B. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 COPY DATE OF NOTICE: MAY 17, 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff BRANCH BANKING AND TRUST COMPANY,: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SARA B. MCALICHER and ROBERT M. MCALICHER, ; Defendants NO. 02-0360 CIVIL TERM ORDER OF COURT AND NOW, this 14a` day of March, 2002, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ordered that Plaintiff may obtain service of the Complaint on the above-captioned Defendant Robert M. McAlicher, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address and to the mortgaged premises located at 143 Henry Road, Enola, PA 17025, by publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, and by posting the mortgaged premises. SERVICE of the aforesaid mailings shall be effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office of Cumberland County an affidavit of service. BY THE COURT, A- FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BRANCH BANKING AND TRUST COMPANY P.O. BOX 2027 GREENVILLE, SC 29602 V. Plaintiff, SARA B. MCALICHER ROBERT M. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-0360 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SARA B. MCALICHER is over 18 years of age and resides at, 143 HENRY ROAD, ENOLA, PA 17025. (c) that defendant ROBERT M. MCALICHER is over 18 years of age, and resides at, 143 HENRY ROAD, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?Onn .? ?! OAn .t YA FRANK FEDE 1AN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRANCH BANKING AND TRUST COMPANY P.O. BOX 2027 GREENVILLE, SC 29602 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. SARA B. MCALICHER ROBERT M. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 NO. 02-0360 Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on °t 200A. By: EPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." ?- cn C7 F?J r K; r-F I t C r ?a 1 1(( _ V` n PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BRANCH BANKING AND TRUST COMPANY Plaintiff, V. No. 02-0360 SARA B. MCALICHER ROBERT M. MCALICHER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/29/02 to 9/4/02 (per diem -$2.53) $15,375.26 $247.94 and Costs TOTAL $15,623.20 FICAINK FEDERMAN, SQUI E One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. w GTr Ldi d> ? F a z? a F ?w a 00 FU ?O al O? U ? w Fx., ? as ?O U i a ? F ?w ra vA 0 a Fj O U _ w? o? F L co w o a? a w in W) N N O O r r as as ww O ?o > z z o ?T" x a a? d ?1 r ? _ A ?.?,q r VIII rn rr; F ?:Z ALL THAT CERTAIN piece or parcel of land situate in East Pennaboro Tawnahip, Cumberland County, Pennsylvania, mare particularly bounded and described in accordance with a survey of Michael C. D'Angela, Reglatered Survepor, dated l December 1, 1976, as follows, to wit: BEGINNING at a point along the easterly line of Henry Road, which point is 686.82 feet Southeast of the Northeast earner of the intereection of Henry Road and Louis Lane; thence along the dividing line between the herein described lot and lot no. 144 an the hereinafter mentioned plan of lots, North 44 degrees, 00 minutes East, a distance of 110.00 feet to a point at the dividing line between the herein described lot and lot no, 162 on the herein- after mentioned plan of Iota; thence along said dividing line and beyond, South 46 degrees, 00 minutes Eaat, a di tance of 67.00 feet to a point at the dividing line between the herein described lot and lot no. 142 on the herein- after mentioned plan of late; thence along said dividing lin South 44 degrees, 00 minutes West, a distance of 110.00 fast to a pin along the easterly line of Henry Road; thence along said line, North 46 degrees, 00 minutes West, a distance of 67.00 feet to a pin, the place of BEGINNING. BEING Lot No. 143 on Plan of East Pennaboro Village, recorded in Plan Bock 9, Page 16. HAVING thereon erected a 114 story brick and aluminum aiding dwelling house known as 143 Henry Road. BEING THE SAME PREMISES which Thomas W. Haffert and Linde L. Hoffart, his wife, by their Deed dated December 270 1976, and recorded December 28, 1976, In the Office of the Recorder of Deeds in and for Cumberland County, Penn- ' sylvania, in Deed Book Y, Volume 26, Page 575, granted and conveyed unto Thomas D. Bliss and Connie M. Bliss, his wife, the Grentars herein. PARCEL #09-13-1002-085 CA ? C C3 C G- Pa n rt ,? uo 1--? T ^ 4 C Cl? Ln BRANCH BANKING AND TRUST COMPANY V. Plaintiff, SARA B. MCALICHER ROBERT M. MCALICHER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVII, DIVISION NO. 02-0360 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BRANCH BANKING AND TRUST COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,143 HENRY ROAD ENOLA PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name SARA B. MCALICHER ROBERT M. MCALICHER Last Known Address (if address cannot be reasonably ascertained, please indicate) 143 HENRY ROAD ENOLA, PA 17025 143 HENRY ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 143 HENRY ROAD ENOLA, PA 17025 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsifi the cation to authorities. May 23, 2002 DATE -?? n l Fad FEDE AN, ESQUIRE Attorney for Plaintiff C7 ? S i C:. ? r r '? _: rn { - '?? ? L ' l q . Gam) , _? ? L J ? -G ?? CJt FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOAN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BRANCH BANKING AND TRUST COMPANY Plaintiff, V. SARA B. MCALICHER ROBERT M. MCALICHER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-0360 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant N Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. 1?i(B n/?? F V FEDERM , ESQUIRE Attorney for Plaintiff o d Cn BRANCH BANKING AND TRUST COMPANY Plaintiff, V. SARA B. MCALICHER ROBERT M. MCALICHER Defendant(s). CUMBERLAND COUNTY No. 02-0360 May 23, 2002 TO: SARA B. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 ROBERT M. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at, 143 HENRY ROAD ENOLA PA 17025, is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $15,375.2 6 obtained by BRANCH BANKING AND TRUST COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorne Y• ) RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2151563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of lend situate in East Pennaboro Township. Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey of Michael C. O'Angelo, Registered Surveyor, dated December 1, 1976, as follows, to wit: BEGINNING at a point along the easterly line of Henry Road, which point is 686.82 feet Southeast of the Northeast corner of the intareaction of Henry Road and Louis Lane; thence along the dividing line between the herein described lot and lot no. 144 an the hereinafter mentioned plan of lots, North 44 degrees, 00 minutes East, a distance of 110.00 fast to a point at the dividing line between the herein described lot and lot no. 162 on the herein- after mentioned plan of Iota; thence along said dividing line and beyond, South 46 degrees, 00 minutes East, a distance of 67.00 feet to a point at the dividing line between the herein described lot and lot no. 142 an the herein- after mentioned plan of late; thence along said dividing lin South 44 degrees, 00 minutes West, a distance of 110.00 fast to a pin along the easterly line of Henry Road; thence along said line, North 46 degrees, 00 minutes West, a distance of 67.00 feet to a pin, the place of BEGINNING. BEING Lot No. 143 on Plan of East Pennaboro Village, recorded in Plan Book 9, Page 16. HAVING thereon erected a l1z story brick and aluminum siding dwelling house known as 143 Henry Road. KING THE SAME PREMISES which Thomas W. Haffert and Linda L. Hoffart, his wife, by their Dead dated December 27, 1976, and recorded December 289 1976s in the Office of the Recorder of Deeds in and for Cumberland County, Penn- Sylvania, in Deed Bock Y, Volume 26, Page 575, granted and conveyed unto Thomas 0. Bliss and Connie M. Bliss, his wife, the Grantors hersin. PARCEL #09-13-1002-085 n CJ f?.9 ?_ ?, ..7; ? ?? ' h? _ t,p ,,. ... ,- ., -.. t ? ^.r ?. + -. -n ?= ?- ? r ? Jt ? ? ?n WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-360 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due BRANCH BANKING AND TRUST CO. PLANTIFF(S) From SARA H. MCALICHER AND ROBERT M. MCALICHER, 143 HENERY ROAD, ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 143 HENRY ROAD, ENOLA PA 17025. (SEE ATTACHED LEGAL DESCRIPTION.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) for the account of the defendant (s) and from deli ering any property of the enjoined from paying any debt to or 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 $14,884.80 Interest 12/1/01 - 5/29/02 $490.46 Atty's Comm % Atty Paid $184.50 Plaintiff Paid L.L. $.50 Due Prothy $1.00 Other Costs Date: MAY 29, 2002 REQUESTING PARTY: Name FRANK FEDERMAN ESQ. CURTIS R. LONG Prothonotary, Civil Division By: Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BLVD, STE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 5633-7000 Supreme Court ID No. 12248 BRANCH BANKING AND TRUST COMPANY V. Plaintiff, SARA B. MCALICHER ROBERT M. MCALICHER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-0360 Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BRANCH BANKING AND TRUST COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,143 HENRY ROAD, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name SARA B. MCALICHER ROBERT M. MCALICHER Last Known Address (if address cannot be reasonably ascertained, please indicate) 143 HENRY ROAD ENOLA, PA 17025 143 HENRY ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name BEVERLY HEALTH & REHABILITATION SERVICES, INC. AREA AGENCY ON AGING Last Known Address (if address cannot be reasonably ascertained, please indicate) 770 POPLAR CHURCH ROAD CAMP HILL, PA 17011 16 WEST HIGH STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 143 HENRY ROAD ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. July 31, 2002 1W Dpc fn JA AA ?,.., DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff C7 C ? N `?s ? C -?- T ? ?? ? ? 'r" ? ? ?? ? tv _ _ i ?- ;? ? . ? G G ? ? -? '>> C? _ ??T ?G ? '? (L1 --?` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE BRANCH BANKING AND TRUST COMPANY ) CIVIL ACTION VS. SARA B. MCALICHER ) CIVIL DIVISION ROBERT M. MCALCHER ) NO. 02-0360 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for BRANCH BANKING AND TRUST COMPANY hereby verify that on 5/29/02 & 7/31/02 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 5/29/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: August 6, 2002 ?)-A /AAA Al o 1 e A/Ve& , FRANK FEDE MAN, ESQUIRE Attorney for Plaintiff ? u C I I I I I I I I I I yo ? R ? C N L $ -? H y p A is g Z l AQ?ZO.szx v i2 d or?'s ph/ AA .o C a 9 y O O ? h m 1r ? a oq?' ??NN?? da c7 ?.?€? .5 5 E W1 ? 9 E ? 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N M 7 In ?O Tr--o O, O N M 7 h ? a a F o 7160 3901 9844 8593 3200 E i , TO: SARA B. MCALICHER, 143 HENRY ROAD, i ENOLA, PA 17025 SENDER: KMD REFERENCE: SALES RETURN rwiayc RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage a Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail 1. 7160 3901 9844 8593 3194 TO: ROBERT 1VI1. MCALICHER, 143 HENRY ROAD, ENOLA, PA 17025 SENDER: KMD REFERENCE:SALES 29 S RETURN Postage !ZO RECEIPT Certified Fee SERVICE Return Receipt Fee : i Restricted Delivery Total Postage $ Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail 1.50 ^1 RAY Z 29 2002 t; S t7 F'} Mi 'i• ll?o COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which William Fearen is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 2002, under and by virtue of a writ Execution issued on the 29th day of May, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 02 Number 360, at the suit of Branch Banking & Tr Co against Sara B McAlicher & Robert M is duly recorded in Sheriff's Deed Book No. 254, Page 1197. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this -'p- q day of ?, A.D. 2002 of Deeds WOMA00 FrMMWAV ?WW Branch Banking and Trust Company VS Sara B. McAlicher and Robert M. McAlicher In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-360 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on June 26, 2002 at 8:30 o'clock AM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sara B. McAlicher, by making known unto Priscilla Whitman, authorized agent for defendant, at The Cumberland County Office of Aging, 16 West High Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2002 at 8:20 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert M. McAlicher, by making known unto Robert McAlicher personallyt, at The Summerdale Plaza, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 08, 2002 at 4:15 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sara B. McAlicher and Robert M. McAlicher located at 143 Henry Road, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Sara B. McAlicher, by regular mail to her last known address of 143 Henry Road, Enola, PA 17025. This letter was mailed under the date of July 17, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Robert M. McAlicher, by regular mail to his last known address of 143 Henry Road, Enola, PA 17025. This letter was mailed under the date of July 17, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 4, 2002 at 10:00 AM. He sold the same for the sum of $ 74,000.00 to William Fearen. It being the highest bid and best price received for the same, William Fearen of 15 East Gate Drive, Camp Hill, PA 17011, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $77,797.60. Sheriffs Costs Docketing $ 30.00 Poundage 1480.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Certified Mail 1.31 Levy 15.00 Surcharge 30.00 Legal Search 200.00 Law Journal 349.10 Patriot News 260.95 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 29.50 $ 4906.52 paid by attorney 10/23/02 Sworn and subscribed to before me S?- This 7?^ day of 72 ve „ E R. Thomas Kline, h3 eriff 2002, A.D. L c. BY Jo _ " P othonotary Real Esta Deputy G F? ln7 5 ? k-3' SCHEDULE OF DISTRIBUTION SALE NO. 46 Date Filed: October 4, 2002 Writ No. 2002-360 Civil Term Branch Banking and Trust Co. VS Sara B. and Robert M. McAlicher Sale Date: September 4, 2002 Buyer: William Fearen Bid Price: $74,000.00 Real Debt $14,884.80 Interest 490.46 Attorney Writ Costs 184.50 Total: $15,559.76 DISTRIBUTION Receipts: Cash on account (6/07/02) Cash on account (9/04/02) $ 1,500.00 77,797.60 Total Receipts: $79,297.60 TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 46 Held Wednesday, September 4, 2002 Date: September 4, 2002 TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated 2002, and recorded , 2002, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Thomas D. Bliss and Connie M. Bliss, his wife, by deed dated November 25, 1980 and recorded December 1, 1980 the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania in Deed Book "F," Volume 29, Page 510 granted and conveyed to Sara B. McAlister and Robert M. McAlister, son of Sara B. McAlister. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the road bed of 50 feet wide Henry Road. 6. Conditions, easements and restrictions shown on or set forth on the Plan of part of East Pennsboro Village recorded in Cumberland County Plan Book 9, Page 16. 7. Building and use conditions and restrictions as set forth in Bertram Price and Fidelity Philadelphia Trust Company, dated August 23, 1 1956 agreement between and recorded September 13, 1956 in Miscellaneous Record Book 122, Page 391. 8. Mortgage in the amount of $32,900.00 given by Thomas D. Bliss and Connie M. Bliss to Bogley, Harting, Mahoney and Lebling, Inc. dated December 27, 1976 and recorded December 28, 1976 in Mortgage Book 615 Page 421. Assigned to Penn Federal Savings and Loan Association by assignment recorded February 22, 1977 in Miscellaneous Record Book 226 Page 909. Further assigned to One Valley Bank, N.A. by assignment recorded November 9, 1992 in Miscellaneous Record Book 430, Page 977. Complaint in mortgage foreclosure filed by Branch Banking and Trust Company as Plaintiff against Sara B. McAlister and Robert M. McAlister as Defendant in the office of the Prothonotary of Cumberland County on January 22 2002, to File No. 2002-360.. Judgment in the amount of $15,375.26 entered May 29, 2002. 9. Municipal lien filed by East Pennsboro Township as Plaintiff against Robert M. McAlister and Sara B. McAlister on August 29, 2002 in the Office of the Prothonotary of Cumberland County to File No. 2002-4099. 10. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded November 28, 1951 in Miscellaneous Record Book 98, Page 175. 11. Possible rights of Richwine and Deeter, their successors and assigns, by virtue of a right of way given by Harvey Gutshall by instrument recorded in Miscellaneous Record Book 30, Page 589. 12 Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. It is noted that no notice was given to East Pennsboro Township. 13. Real estate taxes accruing on and after January 1, 2003 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be va ' finding until countersigned by an authorized signatory. CUMBERLAND LAW JOURNAL REAL ESTATE SALE NO. 46 Writ No. 2002-0360 Civil Branch Banking and Trust Company vs. Sara B. McAlicher and Robert M. McAlicher Atty.:' Frank Federman ALL THAT CERTAIN piece or par- cel of land situate in East Penns- boro Township. Cumberland County, Pennsylvania, more particularly bounded and described in accor- dance with a survey of Michael C. D'Angelo, Registered Surveyor, dat- ed December 1. 1976, as follows, to wit: BEGINNING at a point along the easterly line of Henry Road, which point is 686.82 feet Southeast of the Northeast corner of the inter- section of Henry Road and Louis Lane: thence along the dividing line between the herein described lot and lot no. 144 on the hereinafter mentioned plan of lots, North 44 degrees, 00 minutes East, a dis- tance of 110.00 feet to a point at the dividing line between the herein described lot and lot no. 162 on the hereinafter mentioned plan of lots; thence along said dividing line and beyond, South 46 degrees, 00 min- utes East, a distance of 67.00 feet to a point at the dividing line be- tween the herein described lot and lot no. 142 on the hereinafter men- tioned plan of lots; thence along said dividing lin South 44 degrees. 00 minutes West, a distance of 110.00 feet to a pin along the easterly line Of Henry Road; thence along said line, North 46 degrees, 00 minutes West, a distance of 67.00 feet to a pin, the place of BEGINNING. BEING Lot No. 143 on Plan of East Pennsboro Village, recorded in Plan Book 9, Page 16. HAVING thereon erected a 1 1/2 story brick and aluminum siding dwelling house known as 143 Henry Road. BEING THE SAME PREMISES which Thomas W. Hoffart and Linda L. Hoffart, his wife, by their Deed dated December 27, 1976, and re- corded December 28, 1976, in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Deed Book Y, Volume 26, Page 575, granted and conveyed unto Thomas D. Bliss and Connie M. Bliss, his wife, the Grantors here- in. PARCEL #09-13-1002-085. REAL ESTATE SALE #46 ATTORNEY Frank Federman Advance Costs: $1500.00 Assessed Valuation: $105,880.00 Writ No. 2002-0360 Civil Term Branch Banking and Trust Co. VS Sara B. and Robert M. McAlicher 143 Henry Road Enola, PA 17025 Real Debt: $14,884.80 Interest from 490.46 Attorney writ costs 184.50 Sheriff's Costs: Docketing 30.00 Poundage 1,480.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Certified Mail 1.31 Levy 15.00 Surcharge 30.00 Postpone sale Legal Search 200.00 Law Journal 349.10 Patriot News 260.95 Share of bills 25.20 Distribution of proceeds 25.00 Sheriff's deed 29.50 East Pennsboro Township 956.52 BRANCH BANKING AND TRUST COMPANY CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS SARA B. MCALICHER CIVIL DIVISION ROBERT M. MCALICHER NO. 02-0360 a Defendant(s). AFFIDAVIT PURSUANT TO RULE 31 , „w (Affidavit No. 1) BRANCH BANKING AND TRUST COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .143 HENRY ROAD, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name SARA B. MCALICHER ROBERT M. MCALICHER Last Known Address (if address cannot be reasonably ascertained, please indicate) 143 HENRY ROAD ENOLA, PA 17025 143 HENRY ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 143 HENRY ROAD ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. May 23, 2002 DATE 11 p n AA4 D,t AMIF-l . fR'ANK FEDE AN, ESQUIRE Attorney for Plaintiff BRANCH BANKING AND TRUST COMPANY Plaintiff, SARA B. MCALICHER ROBERT M. MCALICHER Defendant(s). CUMBERLAND COUNTY No. 02-0360 May 23, 2002 TO: SARA B. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 ROBERT M. MCALICHER 143 HENRY ROAD ENOLA, PA 17025 • *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY.' ` Your house (real estate) at 143 HENRY ROAD, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $15,375.26 obtained by BRANCH BANKING AND TRUST COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 •7.. ALL THAT CERTAIN piece or parcel of land situate in East Pannsbora Township, f Cumberland County, Pennsylvania, mare particularly bounded and described in accordance with a survey of Michael C. D'Angela, Registered Surveyor, dated December 1, 1976, as follows, to wit: BEGINNING at a point along the easterly line of Henry Road, which point Is 686.82 feet Southeast of the Northeast corner of the intersection of Henry Road and Louie Lane; thence along the dividing line between trio herein described lot and lot no. 144 an the hereinafter mentioned plan of lots, North 44 degrees, 00 minutes East, a distance of 110.00 fast to a point at the dividing line between the herein described lot and lot no. 162 an the herein- after mentioned plan of lots; thence along said dividing line and beyond. South 46 degrees, 00 minutes East, a distance of 67.00 feet to a point at the dividing line between the herein described lot and lot no. 142 an the herein- after mentioned plan of late; thence along said dividing lin South 44 degrasa, 00 minutes West, a distance of 110.00 feet to a pin along the easterly line of Henry Road; thence along said line, North 46 degrees, 00 minutes West, a distance of 67.00 feat to a pin, the place of BEGINNING. BEING Lot No. 143 an Plan of East Pennaboro Village, recorded in Plan Book 9, Page 16. HAVING thereon erected a life story brick and aluminum siding dwelling house known as 143 Henry Road. EEING THE SAME PREMISES which Thomas W. Hoffert and Linda L. Hoffert, his wife, by their Deed dated December 27, 1976, and recorded December 28, 1976, in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Dead Book Y, Volume 26, Page 575, granted and conveyed unto Thomas D. Bliss and Connie M. Bliss, his wife, the Grantors heroin. PARCEL #09-13-1002-085 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-360 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due BRANCH BANKING AND TRUST CO. PLANTIFF(S) From SARA H. MCALICHER AND ROBERT M. MCALICHER, 143 HENERY ROAD, ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 143 HENRY ROAD, ENOLA PA 17025. (SEE ATTACHED LEGAL DESCRIPTION.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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/ber that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $14,884.80 Interest 12/1/01 - 5/29/02 $490.46 Atty's Comm % Arty Paid $184.50 Plaintiff Paid L.L. $.50 Due Prothy $1.00 Other Costs Date: MAY 29, 2002 REQUESTING PARTY: Name FRANK FEDERMAN ESQ. CURTIS R. LONG Prothonotary, Civil Division By:? Gc L- Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BLVD, STE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 5633-7000 Supreme Court ID No. 12248 Real Estate Sale # 46 On June 7, 2002 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 143 Henry Road, Enola, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 7, 2002 By:?Cc??.c91c?"I V-t?z 'U / ? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. R ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 LOTS E. SNYDER, Notary Pd* Caro* Boro, Ct nterWW County My Corm*Won E M" 5, REAL. ESTATE SALE NO. 46 Writ No. 2002-0360 Civil Branch Banking and Trust Company vs. Sara B. McAlicher and Robert M. McAlicher Atty.: Frank Federman ALL THAT CERTAIN piece or par eel of land situate in East Penns- boro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accor- dance with a survey of Michael C. D'Angelo, Registered Surveyor, dat- ed December 1, 1976, as follows, to wit: BEGINNING at a point along the easterly line of Henry Road, which point is 686.82 feet Southeast of the Northeast corner of the inter- section of Henry Road and Louis Lane; thence along the dividing line between the herein described lot and lot no. 144 on the hereinafter mentioned plan of lots, North 44 degrees, 00 minutes East, a dis- tance of 110.00 feet to a point at the dividing line between the herein described lot and lot no. 162 on the hereinafter mentioned plan of lots: thence along said dividing line and beyond, South 46 degrees, 00 min- utes East, a distance of 67.00 feet to a point at the dividing line be- tween the herein described lot and lot no. 142 on the hereinafter men- tioned plan of lots; thence along said dividing lin South 44 degrees. 00 minutes West, a distance of 110.00 feet to a pin along the easterly line of Henry Road; thence along said line, North 46 degrees. 00 minutes West, a distance of 67.00 feet to a pin, the place of BEGINNING. BEING Lot No. 148 on Plan of East Pennsboro Village, recorded in Plan Book 9, Page 16. HAVING thereon erected a 1 1,2 story brick and aluminum siding dwelling house known as 143 Henry Road. BEING THE SAME PREMISES which Thomas W. Hoffart and Linda L. Hoffart, his wife, by their Deed dated December 27, 1976, and re- corded December 28, 1976, in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Deed Book Y. Volume 26, Page 575, granted and conveyed ' unto Thomas D. Bliss and Connie M. Bliss, his wife, the Grantors here- in. PARCEL #09-13-1002-085. ?%!?l 1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#46 Sworn to and subscribed before me_Jk 4th day A. D. Notarial Seal .?"7/? Terry L. Russell, Notary Publ 'Y City Of Harrisburg, Dauphin County NOT RY PUBLIC My Commission Expires June 6,20W, Immission expires June 6, 2006 Member, Pennsylvania Association Of Nota es CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 259.20 Probating same Notary Fee(s) $ 1.75 Total $ 260.95 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By ................................ REAL ESTATE 9AI No. 46 Wr!tt Ma Mb CMITSM Brwwh 60*" and Vo Sam a. MCAtlaher Robert W Mbisher Atty. Fraft fhdirman DESCRIPTION ALL THAT CE piece or parcel of land situate in East Township, Cumberland County, Pennsy}nia, more particularly bounded and described in accordance with a survey of Michael C. D' Angelo, Registered Surveyor. dated December 1,1976, as follows, to wit: BEGINNING at a point along the easterly line of Henry Road, which point is 686.82 feet southeast of the Northeast comer of the intersection of Henry Road and Louis Lane; thence along the dividing line between the herein described lot and lot no. 144 on the hereinafter, mentioned plan of lots, North 44 degrees, 00 minutes East, a distance of 110-00 feet to a point at the dividing line between the herein described lot and lot no. 162 on the hereinafter mentioned plan of lots; thence along said dividing litre and beyond, South 46 degrees, 00 minutes East, a distance of 67.00 feet to a point at the dividing line between the herein described lot and lot no. 142 on the hereinafter mentioned plan of lots; thence along said dividing line South 44 degrees, 00 minutes West, a distance of 11000 feet to a pin along the easterly line of Henry Road; thence along said line, North 46 degrees, 00 minutes West, a distance of 67.00 feet to a pin, the place of BEGINNING. BEING Lot No. 143 on Plan of east Pennshoro Village, recordedlin Plan Book 9, Page 16. HAVING thereon erected a 1 112 story brick and aluminum siding dwelling house known as 143 Henry Road. BEING THE SAME, PREMISES which Thomas W. HOffart and Linda L. Hoffart, his wife, by their Deed dated December 27, 1976, and recorded December 28, 1976, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Y, Volume 26, Page 575, granted and conveyed Tunto Thomas D. Bliss and Connie M. Bliss, his wife, the Grantors herein. PARCEL M9-13-1002- 5.