HomeMy WebLinkAbout14-1795 ^ ► ipreme Coprfof Pennsylvania
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Cou>r� ; i Com S Tleas
n V,� For Prothonotary Use Only:
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CU1E County Docket No:
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
S Commencement of Action:
❑D Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiffs Name: FLAGSTAR BANK, FSB Lead Defendant's Name: RONALD E. BIGLER
T
j
Are money damages requested? El Z No Dollar Amount Requested: El within arbitration limits
1 ,
0 (Check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No
I
Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, LLP
j A ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant)
Nature of the Place an "X" to the left of the ONE case category that most accurately describes your
Case PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
4 ❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
include mass tort) ❑ Employment Dispute:
r
s ❑ Slander/Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT El Other:
0 ❑ Asbestos
N .❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
j ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
$ ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
Z Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY El n Mortgage Foreclosure: Commercial ❑ Quo Wa anto
❑Dental ❑Partition ❑Replevin
❑ Quiet Title 13 Other:
❑ Legal
❑ Medical 13 Other:
❑ Other Professional:
Pa.R.CP. 205.5 Updated 01/01/2011
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PHELAN HALLINAN, LLP
John D. Krohn, Esq., Id. No.312244
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia, PA 19103
john.krohn@phelanhallinan.com
215 -563 -7000
FLAGSTAR BANK, FSB
5151 CORPORATE DRIVE COURT OF COMMON PLEAS
TROY, MI 48098
CIVIL DIVISION
Plaintiff
V. TERM RONALD E. BILLER NO.
BARBARA J. BIGLER
434 EAST KING STREET' CUMBERLAND COUNTY
SHIPPENSBURG, PA 17257 -1502
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
1
File #: 934107
NUP 3
j2 3c) ?C-19s
1. Plaintiff is
FLAGSTAR BANK, FSB
5151 CORPORATE DRIVE
TROY, MI 48098
2. The name(s) and last known address(es) of the Defendant(s) are:
RONALD E. BIGLER i
BARBARA J. BIGLER
434 EAST KING STREET
SHIPPENSBURG, PA 17257 -1502
who is /are the mortgagor(s) and/or real owner(s) of the hereinafter described.
-11 ---1
3. On 07/24/2008 RONALD E. BIGLER and BARBARA J. BIGLER made, executed and
delivered a mortgage upon the premises hereinafter described to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR
RESIDENTIAL MORTGAGE SOLUTIONS, INC., A MARYLAND CORPORATION,
which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND
County, in Mortgage Instrument No. 200828007. By Assignment of Mortgage recorded
12/09/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in
Assignment of Mortgage Instrument No. 201338842.The mortgage and assignment(s), if
any, are matters of public record and are incorporated herein by reference in accordance
with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach
documents to pleadings if those documents are of public record.
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 07/01/2013 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
File #: 934107
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 as of 03/01/2014:
Principal Balance $131,657.39
Interest $6,294.87
06/01/2013 through 03/01/2014
Late Charges $419.35
Property Inspections $21.00
Escrow Deficit $7,077.52
TOTAL $145,470.13
7. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in
2008, and /or Notice of Default as required by the mortgage document, as applicable,
have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary
stay as provided by said notice has terminated because Defendant(s) has/have failed to
meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have
been denied assistance by the Pennsylvania Housing Finance Agency.
9. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured.
File #: 934107
,
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$145,470.13" together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN, LLP
By:
John D. , Esq., Id. No.312244
Attorney for Plaintiff
File #: 934107
• LEGAL DESCRIPTION
ALL that certain piece or parcel of land with improvements thereon erected, and known as 434
East King Street, situate in the Borough of Shippensburg, Cumberland County, Pennsylvania,
bounded and described as follows:
BEGINNING at a point on East King Street at corner of lot now or formerly of Grant Martin;
thence with the said East King Street, Eastwardly 36 feet to a stake at land now or formerly of
Ardella Peterson; thence with the same, South by a line parallel with the Eastern line of the
aforesaid Grant Martin lot, 257 feet 4 inches to a public alley; thence with the said alley,
Westwardly to the. line of the said Grant Martin lot; thence Northwardly with the said Grant
Martin lot to the place of BEGINNING.
PROPERTY ADDRESS: 434 EAST KING STREET, SHIPPENSBURG, PA 17257 -1502
PARCEL #32 -33- 1869 -067.
File #: 934107
r�
r �
1 r
VERIFICATION
AO*wDO& , hereby states that he /she is P.M* of FLAGSTAR
BANK F.S.B., Plaintiff in this matter, that he /she is authorized to make this Verification, and
verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true
and correct to the best of his/her information and belief. 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.
DATE: `I r, a, .,6 'Od
Name:
ANDREA UILL1%,
Title: AAA.
FLAGSTAR BANK F.S.B.
File #: 934107
Name: BIGLER
File #: 934107
FORM 1
IN THE COURT OF COMMON PLEAS
FLAGSTAR BANK, FSB OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS.
RONALD E. BIGLER
BARBARA J. BIGLER
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able
to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400
extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date John D. Krohn, Esq., Id.
F
No.312244
Attorney for Plaintiff
_.:_
Cz
C:)
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to the
best of your knowledge:
CUSTOMERIPRI MARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2nd Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. I Spending Mone
Da /Child Care /Tuft. I Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency: Counselor:
Phone (Office): Fax:
4
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
Assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I/We, , authorize the above named
to use /refer this information to my lender /servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I /we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1 Proof of income
2 Past 2 bank statements
3 Proof of any expected income for the last 45 days
4 Copy of a current utility bill
5 Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6listing agreement (if property is currently on the market).
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249 -3166
(800) 990 -9108
File #: 934107
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
r F _ HE
20111,M'21 pti : 7
CUMBERLAND C d,
OFFICE OF THE EHERIFF PENNSYLVANIA T 1
Flagstar Bank FSB
vs.
Ronald E Bigler (et al.)
Case Number
2014-1795
SHERIFF'S RETURN OF SERVICE
03/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Ronald E Bigler, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
03/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Barbara J Bigler, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
04/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Barbara J Bigler, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 434 East King Street,
Shippensburg Borough, Shippensburg, PA 17257. Residence is vacant.
04/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Ronald E Bigler, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 434 East King Street,
Shippensburg Borough, Shippensburg, PA 17257. Residence is vancant.
04/03/2014 02:11 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Barbara J Bigler, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 38
B Sandbank Road, Southampton, Shippensburg, PA 17257. This is the defendant's son's residence, the
defendant now resides at 9103 Pineville Road, Shippensburg, PA which is located in Franklin County.
04/04/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Ronald E Bigler, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 38 B Sandbank Road,
Southampton, Shippensburg, PA 17257. This is the defendant's son's residence, the defendant now
resides at 9103 Pineville Road, Shippensburg, PA which is located in Franklin County.
05/06/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure returned by the Sheriff of Franklin County, the within named Defendant Ronald E
Bigler, not found. Dane Anthony, Sheriff, Return of Service attached to and made part of the within
record.
05/06/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure returned by the Sheriff of Franklin County, the within named Defendant Barbara J
Bigler, not found. Dane Anthony, Sheriff, Return of Service attached to and made part of the within
record.
(c) CountySui;e Sheriff, Teleosoft. Inc.
SHERIFF'S RETURN - REGULAR
CASE NO: 2014-00087 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
FLAGSTAR FSB
VS
BARBARA J AND RONALD E BIGLER
BRIAN J CRAMER , Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within COMP MORT FORE was served upon
BIGLER RONALD E the
DEFENDANT , at 1130:00 Hour, on the 8th day of April , 2014
at FRANKLIN COUNTY SHERIFF'S OFFI
CHAMBERSBURG, PA 17201 by handing to
RONALD E BIGLER
a true and attested copy of COMP MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing .00
Service .00 BRIAN J C R
Affidavit .00 �
Surcharge .00 By
.00 Dep y Sheriff
.00 05/06/2014
PHELAN HALLINAN
Sworn and Subscribed``__to before
me this l.lL r��"�ay of
/ 10,,Li.Jitpekc5, a 0/ V A.D.
Notary
COMMONWEALTH OF PENNSYLVANIA
RICH NOTARIAL SEAT.
ARD D. McCARTY, Notary
Public
Chambersburg Soro., Franklin County
MY Commission ' fires Jan. 29, 2015
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2014-00087 T
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF FRANKLIN
FLAGSTAR FSB
VS
BARBARA J AND RONALD E BIGLER
RONALD L GEYER JR
, Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
BIGLER BARBARA J
unable to locate Her
COMP MORT FORE
but was
in his bailiwick. He therefore returns the
, NOT FOUND , as to
the within named DEFENDANT
9103 PINEVILLE ROAD
, BIGLER BARBARA J
SHIPPENSBURG, PA 17257
2 ATTEMPTS MADE; NOTIFICATIION CARDS LEFT; NO RESPONSE; EXPIRED.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
So answers:
N1Y�o��
RONALD L GE
R �
.00 DANE M ANTHONY, Sheriff
.00
.00
PHELAN HALLINAN
05/06/2014
Sworn and64-4--
subscribed to before me thisday of
No eery 18 -
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
RICHARD D. McCARTY, Notary Public
Chambersburg Bora., Franklin County
My Commission Expires Jan. 29, 2015
PHELAN HALLINAN, LLP
Emily M. Phelan, Esq., Id. No.315250
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
emily.phelan@phelanhallinan.com
215-563-7000
FLAGSTAR BANK, FSB
Plaintiff
vs.
RONALD E. BIGLER
BARBARA J. BIGLER
Defendants
: COURT OF COMMON PLEAS
: C1VIL DIVISION
: CUMBERLAND COUNTY
: No. 14 -1795 -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:
/alg, Svc Dept.
File# 934107
PHELA LIN , LLP
By:
Emily M. helan, Esq., Id. No.315250
Attorney for Plaintiff
atkit\ t „
07-7,1
?.0-766,s
SHERIFF'S OFFICE OF CUMBERLAND 70,711:YpRomeNoTAR.i,
Ronny R Anderson ,,,�j- + ;
Sherifft
Jody S Smith ,�,.t,rirar�r
Chief Deputy JUlr 21
Richard W Stewart CUHBERLAND COUN y,
Solicitor. .. . n PENNSYLVANIA
Flagstar Bank FSB
vs. Case Number
Ronald E Bigler(et al.) 2014-1795
SHERIFF'S RETURN OF SERVICE
06/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Barbara J Bigler, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
07/17/2014 The Sheriff of Franklin County, being duly sworn according to law, states he made diligent search and
inquiry for the within named Defendant to wit: Barbara J Bigler, but was unable to locate the Defendant in
his bailiwick. The Franklin County Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at
9103 Pineville Road, Shippensburg, PA 17257.
SHERIFF COST: $37.00 SO ANSWERS,
July 17, 2014 RONR ANDERSON, SHERIFF
SHERIFF' S RETURN - NOT FOUND
CASE NO: 2014-00147 T
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF FRANKLIN
FLAGS TAR BANK
VS
BARBARA J BIGLER
BENJAMIN SITES , Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
BIGLER BARBARA J but was
unable to locate Her in his bailiwick. He therefore returns the
COMP MORT FORE
, NOT FOUND , as to
the within named DEFENDANT , BIGLER BARBARA J
9103 PINEVILLE ROAD
SHIPPENSBURG, PA 17257
OLDER LADY (PROBABLY DEFENDANT) WAS HOME- DID NOT ANSWER DOOR.
LEFT NOTIFICATION CARDS ON BOTH ATTEMPTS
Sheriff ' s Costs : So answers :
Docketing . 00
441,
Service . 00
Affidavit . 00
BEN SITES
Surcharge . 00 DANE M ANTHONY, Sheriff
. 00
. 00 PHELAN HALLINAN
07/15/2014
Sworn and subscribed to before me
this /s day
__,I=A4V___ A.D. COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
/ a-4A- )fry/e41Z.Z-41,-- RICHARD D. McCARTY, Notary Public
Notary Chambersburg Boro., Franklin County
My Commission Expires Jan.29, 2015
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FLAGSTAR BANK, FSB
Plaintiff
vs.
F IL - OFF1�r
Or THE: PROTHONOTARY
21iIti AUG 22 l 10: 09
CUMBERLAND COUNTY
PENNSYLVANIA
RONALD E. BIGLER
BARBARA J. BIGLER
Defendants
Attorney for Plaintiff
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 14 -1795 -CIVIL
MOTION FOR SERVICE PURSUANT TO
SPECIAL ORDER OF COURT
Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order
directing service of the Complaint and the notice of Sheriff's Sale upon BARBARA J. BIGLER,
by first class mail to BARBARA J. BIGLER at the last known address, 9103 PINEVILLE
ROAD, SHIPPENSBURG, PA 17257-8733 and the mortgaged premises, 434 EAST KING
STREET, SHIPPENSBURG, PA 17257-1502, as well as posting of the mortgaged premises, 434
EAST KING STREET, SHIPPENSBURG, PA 17257-1502 and in support thereof avers the
following:
1. Attempts to serve Defendant, BARBARA J. BIGLER, with the Complaint have
been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at
the mortgaged premises, 434 EAST KING STREET, SHIPPENSBURG, PA 17257-1502. As
indicated by the Return of Service, no service was made as said address is vacant. A true and
correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit
"A„
2. The Sheriff of CUMBERLAND County attempted to serve the Defendant at 38 B
SANDBANK ROAD, SHIPPENSBURG, PA 17257. As indicated by the Return of Service, no
service was made as the Defendant does not reside at said address. See Exhibit "A" for a true
and correct copy of the Return of Service.
3. The Sheriff of FRANKLIN County attempted to serve the Defendant at 9103
PINEVILLE ROAD, SHIPPENSBURG, PA 17257-8733. As indicated by the Return of Service,
no service was made as the Defendant avoided service of the Complaint at said address. A true
and correct copy of the Return of Service is attached hereto, made part hereof, and marked as
Exhibit "B".
4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the
Defendant. A true and correct copy of an affidavit of due diligence setting forth the specific
inquiries as to the Defendant's whereabouts and the results thereof is attached hereto, made part
hereof, and marked as Exhibit "C".
5. Plaintiff contacted the Prothontary's Office and as of August 13, 2014, no Judge
has previously entered a ruling in this case.
6. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a
copy of its Proposed Motion for Special Service and Order to the Defendant on August 13, 2014
and requested Defendant's concurrence. Plaintiff did not receive any written response from the
Defendant. A true and correct copy of Plaintiffs August 13, 2014 letter and postmarked
certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and
marked Exhibit "D".
7. Plaintiffs counsel has reviewed its internal records and has not been contacted by
the Defendant to bring loan current.
8. Plaintiff submits that it has made a good faith effort to locate the Defendant but
has been unable to do so.
PH # 934107
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
pursuant to Pa.R.C.P. 430 directing service of the Complaint and notice of Sheriffs Sale by first
class mail and posting.
Date:
'6/A1/1
Respectfully submitted,
PHELAN HALLINAN, LLP
By:
Phelan Hallinan, LLP
Michael Dingerdissen, Esq., Id. No.317124
Attorney for Plaintiff
PH # 934107
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FLAGSTAR BANK, FSB
Plaintiff
vs.
RONALD E. BIGLER
BARBARA J. BIGLER
Defendants
Attorney for Plaintiff
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 14 -1795 -CIVIL
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION
FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT
I. FACTUAL BACKGROUND
Attempts to serve Defendant, BARBARA J. BIGLER, with the Complaint have been
unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendant at the
mortgaged premises, 434 EAST KING STREET, SHIPPENSBURG, PA 17257-1502 and at 38
B SANDBANK ROAD, SHIPPENSBURG, PA 17257. The Sheriff of FRANKLIN County
attempted to serve the Defendant at 9103 PINEVILLE ROAD, SHIPPENSBURG, PA 17257-
8733. As indicated by the Return of Service, no service was made. Pursuant to Pa.R.C.P. 430,
Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced
by the affidavit of due diligence setting forth the specific inquiries as to the Defendant's
whereabouts and the results thereof Further, Plaintiffs counsel has reviewed its internal
records and has not been contacted by the Defendant to bring loan current. Consequently,
PH # 934107
Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable
to do so.
II. LEGAL AUTHORITY
Pennsylvania Rule of Civil Procedure 430(a) specifically states:
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 and the reasons why
service cannot be made.
Pa.R.C.P. 430(a) (2009).
In particular:
An illustration of a good faith effort to locate the defendant includes (1) inquiries
of postal authorities including inquiries pursuant to the Freedom of Information
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.
Id. at 430(a) n.
Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no
means exhaustive, this Note is at least indicative of the types of procedures contemplated by the
legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633,
559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such
proof has been offered is the Court authorized to direct another method of substitute service. See
id.
In the instant case, as indicated by the Return of Service, the Sheriff has been unable to
serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the
Defendant as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully
PH # 934107
requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail,
posting, and publication.
Additionally, pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary
in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the
Sale of the mortgaged premises. Specifically, Pa. R.C.P. Rule 3129.2(c) provides in applicable part
as follows:
The written notice shall be prepared by the plaintiff, shall contain the same infounation as
the hand bills or may consist of the handbill and shall be served at least thirty days before
the sale on all persons whose names and addresses are set forth in the affidavit required by
Rule 3129.1.
(1) Service of the notice shall be made:
(i) upon a defendant...
(A) by the sheriff or by a competent adult in the manner prescribed by
Rule 402(a) for the service of the original process upon a defendant,
or
(B) by the plaintiff mailing a copy in the manner prescribed by Rule
403 to the addresses set forth in the affidavit; or
(C) if the service cannot be made as provided in subparagraph (A) or (B),
the notice shall be served pursuant to special order of court as
prescribed by Rule 430, except that if original process was served
pursuant to special order of court under Rule 430 upon the defendant in
the judgment, the notice may be served upon that defendant in the
manner provided by the order for service of original process without
further application to the court.
Therefore, Plaintiff respectfully requests that the Court allow for service of the Notice of Sale
upon Defendant in accordance with Pa. R. C. P. Rule 430 by first class mail and posting.
III. CONCLUSION
PH # 934107
As indicated by the Return of Service, the Sheriff has been unable to serve the Complaint
upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the
Defendant as evidenced by its affidavit of due diligence.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
pursuant to Pa.R.C.P. 430 directing service of the Complaint and Notice of Sheriff's Sale by first
class mail, posting, and publication.
Date:
5hLI/!LF
Respectfully submitted,
PHELAN HALLINAN, LLP
By:
Michael Dingerdissen, Esq., Id. No.317124
Attorney for Plaintiff
PH # 934107
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000 Attorney for Plaintiff
FLAGSTAR BANK, FSB Court of Common Pleas
Plaintiff
Civil Division
vs.
CUMBERLAND County
RONALD E. BIGLER
BARBARA J. BIGLER No. 14 -1795 -CIVIL
Defendants
CERTIFICATION OF SERVICE
The undersigned Attorney hereby certifies that copies of the foregoing Motion for Service
Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits
have been sent to the individual as indicated below by first class mail, postage prepaid, on the
date listed below.
RONALD E. BIGLER
9103 PINEVILLE ROAD
SHIPPENSBURG, PA 17257-8733
RONALD E. BIGLER
434 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
BARBARA J. BIGLER
9103 PINEVILLE ROAD
SHIPPENSBURG, PA 17257-8733
BARBARA J. BIGLER
434 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn falsification to authorities.
Date:
lof
Respectfully submitted,
PHELAN HALLINAN, LLP
By:
Michael Dingerdissen, Esq., Id. No.317124
Attorney for Plaintiff
PH # 934107
Exhibit "A"
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFf ICE QF THE SHERIFF
Flagstar Bank FSB Case Number
vs.
Ronald E Bigler (et al.) 2014-1795
SHERIFF'S RETURN OF SERVICE
03/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Ronald E Bigler, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
03/28/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Barbara J Bigler, but was unable to locate the Defendant in the
Sheriff s.bailiwick: The Sheriff -therefore deputizes the Sheriff of Franklin; Pennsy,Ivania to serve the within
Notice:of Residential Mortgage Foreclosure Diversion;Program and-Complaint,in Mortgage Foreclosure
according to law.
.c,C: L•
04/02/2014 Ronny R•AQderson,Sherif;being-duly swoEn.according tolaw, states he made. diligent search and inquiry
for the:Within:named Defendant to wit. Barbara) Bigler`., but was unable to locate the Defe-ndaft in'his
bailiwick. The Sheriff therefore returns the within requested Notice of Residentiai Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 434 East King Street,
Shippensburg Borough, Shippensburg, PA 1-7257. Residence_ is vacant
04/02/2014 Ronny R Anderson, Sheriff, being duly.swom according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Ronald E Bigler, but was una6ie to locateithe Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential MoWgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as "Not,Found" at 434 East King Street, -
Shippensburg Borough, Shippensburg, PA 17257. Residence is vancant.'' .
04/03/2014 02:11 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Barbara J Bigler, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returnt the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 38
B Sandbank Road, Southampton, Shippensburg, PA 17257. This is the defendant's son's residence, the
defendant now resides at 9103 Pineville Road, Shippensburg, PA which is located in Franklin County.
04/04/2014 Bnerift Ronny R.Anderson, be(ng duly sworn. according3to law; states he made diligent search and inquiry
for the wit in. named Peiftadarlt4O Wit 'Ronald E Biglerr.but Was'unable_to locate the Defendant in his
bailiwick:, The Sheriff, -dean .ore returns the within requested Notice, of Residential..4brtgage fioredosure
Diversion Program gist -Complaint In.Mortgegefor4erlosiure s ",1gt.Sertied" `$8 Sandbank Road,
Southampton, Shippensburg, PA 17257. This is the `tfeMendant's sori'srresideni e; the'defendant now
rte'stdes- at 9f03 Pii'ieville Eked,' Shippensburg; PA which Islocatettirtt Franklin County.
05/06/2014 The requested Notice of Residential Mortgage Foreclosure rs' rdr iF%graln` tnd o ,lam in -
�Mqt�tgagst�reclQsyre;
SHERIFF COST: $129.20 SO ANSWERS,
May 15, 2014
(c) CountySuite Sheriff, Teleosoft. Inc.
RONNY R ANDERSON, SHERIFF
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2014-00147 T
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF FRANKLIN
FLAGS TAR BANK
VS
BARBARA J BIGLER
BENJAMIN SITES , Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
BIGLER BARBARA J but was
unable to locate Her in his bailiwick. He therefore returns the
COMP MORT FORE
the within named DEFENDANT , BIGLER BARBARA J
9103 PINEVILLE ROAD
, NOT FOUND , as to
SHIPPENSBURG, PA 17257
OLDER LADY (PROBABLY DEFENDANT) WAS HOME- DID NOT ANSWER DOOR.
LEFT NOTIFICATION CARDS ON BOTH ATTEMPTS
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
Sworn and subscribed to
this /l -g- day of
401 Q�A.D.-
Notary
.00 PHELAN HALLINAN
07/15/2014
before
me
tv�
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
RICHARD D. McCARTY, Notary Public
Chambersburg Boro., Franklin County
My Commission Expires Jan. 29, 2015
Exhibit "C"
AFFIDAVIT OF GOOD FAITH INVESTIGATION
File Number: 934107
Attorney Firm: Phelan Hallinan, LLP
Subject: Ronald E. Bigler & Barbara J. Bigler
Current Address: 9103 Pineville Road, Shippensburg, PA 17257
Property Address: 434 East King Street, Shippensburg, PA 17257
Mailing Address: 9103 Pineville Road, Shippensburg, PA 17257
I. CREDIT INFORMATION
A. SOCIAL SECURITY NUMBER
Our search verified the following information to be true and correct
Ronald E. Bigler - xxx-xx-4443
Barbara J. Bigler - xxx-xx-4184
B. EMPLOYMENT SEARCH
Ronald E. Bigler & Barbara J. Bigler - A review of the credit reporting agencies
provided no employment information.
C. INQUIRY OF CREDITORS
Our inquiry of creditors indicated that Ronald E. Bigler & Barbara J. Bigler reside(s)
at: 9103 Pineville Road, Shippensburg, PA 17257.
II. INQUIRY OF TELEPHONE COMPANY
A. DIRECTORY ASSISTANCE SEARCH
Our office searched directory assistance databases, which indicated that Ronald E.
Bigler & Barbara J. Bigler reside(s) at: 9103 Pineville Road, Shippensburg, PA 17257.
On 08-06-14 our office made several telephone calls to the subjects' phone number
(717) 300-3557 and received the following information: answering machine, 'Hi, you
have reached Ronald E. Bigler & Barbara J. Bigler.'
III. ADDRESS INQUIRY
A. NATIONAL ADDRESS UPDATE
On 08-06-14 we reviewed the National Address database and found the following
information: Ronald E. Bigler & Barbara J. Bigler - 9103 Pineville Road,
Shippensburg, PA 17257.
B. ADDITIONAL ACTIVE MAILING ADDRESSES
Per our inquiry of creditors, the following is a possible mailing address: no addresses
on file.
IV. OTHER INQUIRIES
A. DEATH RECORDS
As of 08-06-14 Vital Records and all public databases have no death record on file for
Ronald E. Bigler & Barbara J. Bigler.
V. ADDITIONAL INFORMATION OF SUBJECT
A. YEAR OF BIRTH
Ronald E. Bigler -1954
Barbara J. Bigler -1954
B. A.K.A.
Ronald Bigler Sr.
* Our accessible databases have been checked and cross-referenced for the above
named individual(s).
* Please be advised our database information indicates the subject resides at the
current address.
I hereby verify that the statements made herein are true and correct to the best of my
knowledge, information and belief and that this affidavit of investigation is made subject to
the penalties of 18 Pa C;Si Sec. 4904 relating to unsworn falsification to authorities.
The above information is obtained from available public records
and we are only liable for the cost of the affidavit.
Exhibit "D"
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FAX#: 215-568-7616
Noeleen R. Urmson Ext. 1469 Representing Lenders in
Service Department Pennsylvania
August 13, 2014
BARBARA J. BIGLER
434 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
BARBARA J. BIGLER
9103 PINEVILLE ROAD
SHIPPENSBURG, PA 17257-8733
RONALD E. BIGLER
9103 PINEVILLE ROAD
SHIPPENSBURG, PA 17257-8733
RONALD E. BIGLER
434 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
RE: FLAGSTAR BANK, FSB v. RONALD E. BIGLER and BARBARA J. BIGLER
Premises Address: 434 EAST KING STREET, SHIPPENSBURG, PA 17257-1502
CUMBERLAND County, No. 14 -1795 -CIVIL
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion for Special Service
and Order. In accordance with CUMBERLAND County Local Rule 208.2(d), I am seeking
concurrence with the requested relief that is, service of the complaint by first class mail and
posting i'the tort:,aged premises. Please respond to me within one week, by
Should you have any further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
Very truly yours,
Michael Dingerdissen, Esq., Id. No.317124
Aitoi'i eyTor-Plaa grfC
PH # 934107
Name and
Address
Of Sender
Line
1
2
3
Article Number
ilt***
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
NRU
Name of Addressee, Street, and Post Office Address
BARBARA J. BIGLER
434 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
BARBARA J. BIGLER
9103 PINEVILLE ROAD
SHIPPENSBURG, PA 17257-8733
RONALD E. BIGLER
434 EAST KING STREET
SHIPPENSBURG, PA 17257-1502.
4
RONALD E. BIGLER
9103 PINEVILLE ROAD
SHIPPENSBURG, PA 17257-8733
RE: RONALD E. BIGLER (CUMBERLAND) TEAM 4 PH # 934107/1021 Page 1 of 1
Postage
$0.48
$0.48 '
$0.48
$0.48
$1.92
Total Number of
Pieces Listed by Sender
Total Number of Pieces
Received at Post Orrice
Postmaster. Per (Name of
Receiving Employee)
The full declaration of value ix required on all domretic and' international rcgiitered mail. The max
for the reconstruetion of nonnegotiable documents under Express Mail document reconstruction int
piece subject to a limit of 5500.000 per occurrence. The maximum Indemnity payable on Express I
The maximum indemnity payable ix 525,000 for registered mail, sent with optional insurance. See Domestic Mail Manual
R900 S913 and 5921 for limitations of coverage.
Form 3877 Facsimile
PH # 934107
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY COUNTY, PENNSYLVANIA
FLAGSTAR BANK, FSB
Plaintiff
vs.
RONALD E. BIGLER
BARBARA J. BIGLER
Defendants
ORDER
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 14 -1795 -CIVIL
AND NOW, this 26- day of 41.44r , 2014, upon consideration of Plaintiff's
motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED,
that said Motion is GRANTED.
It is further ORDERED and DECREED that Plaintiff may obtain service of the
Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on
the above captioned Defendants, BARBARA J. BIGLER, by:
1. Posting of the premises: 434 EAST KING STREET, SHIPPENSBURG,
PA 17257-1502 by the Sheriff or a non-party competent adult; and
2. First class mail to BARBARA J. BIGLER at the last known address, 9103
PINEVILLE ROAD, SHIPPENSBURG, PA 17257-8733 and the mortgaged premises
located at 434 EAST KING STREET, SHIPPENSBURG, PA 17257-1502. Service by
mail is complete upon the date of mailing.
PH # 934107/NRU
t �i
It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file
a certificate of service with the Prothonoty's office to ensure compliance with this Court Order.
BY T COURT.
J.
"Prior to fulfilling the requirements of service of Notice of Sale as set forth i• this Order, Plaintiff must first
attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the , ent this attempted service is not
successful, Plaintiff may proceed with service of the Notice of Sale in conformity with this Order.
yfrz,L5.4,
am► .�,.�y�,��
shi.py
PH # 934107/NRU
PHELAN HALLINAN, LLP
Meredith Wooters, Esq., Id. No.307207
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Meredith.Wooters @phelanhal linan.com
215-563-7000
FLAGSTAR BANK, FSB
Plaintiff
vs.
RONALD E. BIGLER
BARBARA J. BIGLER
Defendants
FiLED-OFFICL
'if: THE PROTHONOTAR.1
2014 SEP 16 AM ID: 12
CUMBERLAND COUNTY
PENNSYLVANIA
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: CUMBERLAND COUNTY
: No. 14 -1795 -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.
By:
Date:
/nru, Svc Dept.
File# 934107
PHELAN
INAN, LLP
Meredith Wooters, Esq., Id. No.307207
Attorney for Plaintiff
tly
FILECI-OFFICE,
THE PROTHON0 TAT\
Phelan Hallinan, LLP 2014 SEP 23 AN 10; OhTTORNEYS FOR PLAINTIFF
Jonathan Lobb, Esq., Id. No.312174
Jonathan.Lobb@phelanhallinan•WhIBERL AND COUNTY
1617 JFK Boulevard, Suite 1400 PENNSYLVANIA
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
FLAGSTAR BANK, FSB
vs.
RONALD E. BIGLER
BARBARA J. BIGLER
Plaintiff
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No. 14 -1795 -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 mail to the following persons,
BARBARA J. BIGLER at 9103 PINEVILLE ROAD, SHIPPENSBURG, PA 17257-8733 and 434
EAST KING STREET, SHIPPENSBURG, PA 17257-1502 on September 19, 2014, in accordance
with the Order of Court dated August 26, 2014. The undersigned understands that this statement is
made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
Phelan Hallinan, LLP
DATE:
PH # 934107
Y/2 -21,r
By:
Jo an Lobb, Esq., Id. No.312174
Attorney for Plaintiff
Phelan Hallinan, LLP
AFFIDAVIT OF SERVICE BY POSTING
FLAGSTAR BANK, FSB
Plaintiff
V.
RONALD E. BIGLER
BARBARA J. BIGLER
Defendant
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 14 -1795 -CIVIL
Service Instructions: PLEASE POST BY: 10/16/2014
Serve BARBARA J. BIGLER at 434 EAST KING STREET,
SHIPPENSBURG, PA 17257-1502 by posting the property in
accordance with the court Order.
Served
Posted and made known to BARBARA J. BIGLER, Defendant on the 5-4- day of GTtd 6
F. M., at 434 EAST KING STREET, SHIPPENSBURG, PA 17257-1502, in the manner described below:
Property Posted
Other:
20 14 at 4S o'clock,
The Property was not posted because
I, Ronald Moll , a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct
copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. I understand that this
statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
DATE: I O SSI J 4 NAME:
PH # 934107
c).
PRINTED NAME:
TITLE:
Ronald Moll
Process Sctvcr
ea
G17 r
PHELAN HALLINAN, LLP 2,714 NOV 1 9 f,1110: 3 Attorney for Plaintiff
PETER WAPNER, Esq.; Id_ No.318263
1617 JFK Boulevard, Suite 1400 CUME,ERLA;;13 COUNTY
One Penn Center Plaza PEiS YLVANIA
Philadelphia, PA 19103
peter.wapner@phelanhallinan.com
215-563-7000
FLAGSTAR BANK, FSB : CUMBERLAND COUNTY
vs.
RONALD E. BIGLER
BARBARA J. BIGLER
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 14 -1795 -CIVIL
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against RONALD E. BIGLER and
BARBARA J. BIGLER. Defendants for failure to file an Answer to Plaintiff's Complaint
within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and
assess Plaintiff's damages as follows:
As set forth in Complaint $145,470.13
TOTAL $145,470.13
I hereby certify that (1) the Defendants' last known addresses are 9103 PINEVILLE
ROAD, SHIPPENSBURG, PA 17257-8733 and 434 EAST KING STREET, SHIPPENSBURG,
PA 17257-1502, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1.
Vj
Date
PETER WAPNER, Esq., Id.
No.318263
Attorney for Plaintiff
DAMAGES AR HEREBY ASSESSED AS INDICATED.
DATE: I1el I
PH # 934107
PROTHONOTARY
(\NA-- c%
934107
14.1-Q 9
/1/ rh4."a1± 73/2"
PHELAN HALLINAN, LLP
PETER WAPNER, Esq., Id. N9.318263
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
peter.wapner@phelanhallinan.com
215-563-7000
FLAGSTAR BANK, FSB
vs.
RONALD E. BIGLER
BARBARA J. BIGLER
Attorney for Plaintiff
: 'CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 14 -1795 -CIVIL
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendants RONALD E. BIGLER and BARBARA J. BIGLER are
not in the Military or Naval Service of the United States or its Allies, or otherwise within the
provisions of the Servicemembers Civil Relief Act, as amended.
(b) that defendant RONALD E. BIGLER is over 18 years of age and the last
known addresses of the defendant are 9103 PINEVILLE ROAD, SHIPPENSBURG, PA 17257-
8733 and 434 EAST KING STREET, SHIPPENSBURG, PA 17257-1502.
(c) that defendant BARBARA J. BIGLER is over 18 years of age and the last
known addresses of the defendant are 9103 PINEVILLE ROAD, SHIPPENSBURG, PA 17257-
8733 and 434 EAST KING STREET, SHIPPENSBURG, PA 17257-1502.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities. --
Date f GvX1/0
Phelan Hallinan, LLP
PETER WAPNER, Esq., Id. No.318263
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
934107
Department of Defense,Manpower Data Center
o Ser'vicememb
Last Name: BIGLER
First Name: BARBARA
Middle, Name: J
Active Duty Status As Of: Nov -18-20.14
Results as of : Nov -18-2014 12:08:02 AM
SCRA 3.0
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Mary M. Snavely -Dixon, Director
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Coast Guard). This status includes thio"rmation'an a Seeviceinerntier or his/her dna receiving notification of future orders to report for Active Duty:'
Mary M. Snavely -Dixon, Director
Department of`Defense "Manpower Data Center
4800 Mark Center"Drive, Suite 04E25` '
Arlington. VA 22350 °
(Rule of Civil Procedure No. 236) Revised
FLAGSTAR BANK, FSB
vs.
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
RONALD E. BIGLER
BARBARA J. BIGLER : CIVIL DIVISION
against you on
: No. 14 -1795 -CIVIL
Notice is given that a Judgment in the above, captioned matter has been entered
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
PETER WAPNER, Esq., Id. No.318263
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
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, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. *
934107
FLAGSTAR BANK, FSB
V.
RONALD E. BIGLER
BARBARA .1. BIGLER
Plaintiff
Defendant(s)
TO: RONALD E. BIGLER
9103 PINEVILLE ROAD
SHIPPENSBURG, PA 17257-8733
DATE OF NOTICE:
COURT OF COMMON PLEAS
CIVIL DIVISION
NO, 14 -1795 -CIVIL
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU TN 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 DAYS I -ROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013
(717) 240-6195
By:
PH # 934107
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
PETER'W NER,Esq., Id. No.318263
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
FLAGSTAR BANK, FSB
v.
RONALD E. BIGLER
BARBARA .l. BIGLER
Plaintiff
Defendant(s)
TO: RONALD E. BIGLER
434 EAST KING STREET
SHIPPENSBURG, PA 17257-1502
DATE OF NOTICE:
I] 1-41Q
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14 -1795 -CIVIL
CUMBERLAND COUNTY
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,
TI -IIS 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013
(717) 240-6195
PH # 934107
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249 -3166, --
By: p ` �r vv1to
PETER WAIN I. Esq., Id. No.318263
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
FLAGSTAR BANK, FSB
v.
RONALD E. BIGLER
BARBARA BIGLER
Plaintiff -
Defendant (s)
TO: BARBARA .1. BIGLER
9103 PINEVILLE ROAD
SH1PPENSBURG, PA 17257-8733
DATE OF NOTICE:
tti4t11(
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14 -1795 -CIVIL
CUMBERLAND COUNTY
THIS FIRM I.S 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 \V1LL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT 13E 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 1O ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY A LI ORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195 .
PH # 934107
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
Al
By:
PETER )tVf:AlNER-, Esq., Id. No.318263
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
FLAGSTAR BANK, FSB COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
RONALD E. BIGLER NO, 14 -1795 -CI VII.
BARBARA]. BIGLER
Defendant( s) CUIV1131.-RLAND COUNTY
TO: BARBARA J. BIGLER
434 EAST KING STREET
SHIPPENSBURG, PA. 17257-1502
DATE OF NOTICE:
THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE
ES SENT "CO YOU IN AN ATTEMPT iD C1‘01..,LEcr THE INDEWEDNESS 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 ANI.) 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 WRII I EN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE,
Office of the Prothonotary
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013
(717) 240-6195
By:
PH #934107
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
D'jW—rvjf—
„
PETFR WAIF ER. Esq., Id. No.318263
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103