Loading...
HomeMy WebLinkAbout14-2720 Supreme Court of Pennsylvania Courf,46'f Com- ffibn Pleas /"rFor Prothonotary Use Only: Givilkover Sheet Cumberland County Docket No: )__744 The information collected on ihis,lbrin is used solely for court adnfilliSh-06077 purposes, This form does not supplement or replace the filing and service qfpleadings or wherl)apers as required h);lcnv or rules oftourt. Commencement of Action: MX Complaint El Writ of Summons El Petition El Notice of Appeal S ❑ Transfer from Another Jurisdiction El Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Members 1st Federal Credit Union Kenneth E. Alleman I F1 Check here if you are a Self-Represented(Pro Se)Litigant 0 Name of Plaintiff/Appellant's Attorney: Christopher E.Rice,Esquire N Are money damages requested? : R Yes El No Dollar Amount Requested: XX within arbitration limits (Check one) outside arbitration limits A is this a Class Action Suit? n Yes 2 No Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your 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 171 Intentional ❑ Buyer Plaintiff Administrative Agencies 11 Malicious Prosecution ❑ Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle El Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation El Premises Liability 11 Zoning Board S El Product Liability (does not include D Employment Dispute: El Statutory Appeal:Other E mass tort) Discrimination [] Slander/Libel/Defamation C El Other: El Employment Dispute:Other Judicial Appeals T 171 MDJ-Landlord/Tenant 1 11 Other: 11 MDJ-Money Judgment o MASS TORT 1:1 Other: 0 Asbestos N El Tobacco F1 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 1:1 Toxic Waste 0 Ejectment D Common Law/Statutory Arbitration B 171 Other: 11 Eminent Domain/Condemnation 0 Declaratory Judgment El Ground Rent ❑ Mandamus 0 Landlord/Tenant Dispute ❑ Non-Domestic Relations E9 Mortgage Foreclosure Restraining Order PROFESSIONAL LIABILITY 11 Partition 171 Quo Warranto C1 Dental 0 Quiet Title ❑ Replevin ElLegal ❑ Medical 11 Other: ❑ Other: ❑ Other Professional: Pa.R.CP.205.5 212010 w Christopher E. Rice, Esquire Attorney I.D. No. 90916 F TisE PT 0-f 1-10N10TARY Aaron S. Haynes, Esquire r} Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CUMBERLAND C O U NI T Y MARTSON LAW OFFICES PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2014 - �-7�-d CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED, Defendants 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 3 75-�d a- ' 32 South Bedford Street � Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 `--/ A 3 Q S-73 r NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s) (identified as "Defendant(s)" within), within thirty (30) days after receipt of this notice, disputes the validity of the debt or some portion thereof. 4. If the Debtor(s) notifies the Creditor's law firm within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor(s) by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor(s) makes a request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor(s) by the Creditor's law firm. 6. Requests can be made to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 * THIS DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FAFILES\Clients\11470 Members 1st\11470 Current\11470.291 Alleman\11470.291.Alleman Estate Complaint.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D.No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2014 - CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED, Defendants COMPLAINT AND NOW, comes the Plaintiff, MEMBERS 1" FEDERAL CREDIT UNION, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER, and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Members 1" Federal Credit Union ("Plaintiff'), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2 Simon E. Alleman was an adult individual residing at 102 Airport Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Simon E.Alleman("Decedent")died a resident of Cumberland County,Pennsylvania on August 18, 2013. 4. Defendant, Kenneth E. Alleman, heir of Decedent, ("Defendant Kenneth"), is an adult individual residing at 19 Partridge Trail, Shippensburg, Cumberland County, Pennsylvania 17257. 5. Defendant, Kevin E. Alleman, heir of Decedent, ("Defendant Kevin") is an adult individual residing at 198 Newville Road,Shippensburg,Cumberland County,Pennsylvania 17257. 6. Defendant, Rick L. Alleman, heir of Decedent, ("Defendant Rick") is an adult individual residing at, 2412 North 4th Street, Harrisburg, Dauphin County Pennsylvania 17110. 7. Unknown heirs, successors,assigns,and all persons,firms,or associations claiming right, title, or interest from or under Decedent, consist of all individuals and entities, other than Defendant Kenneth, Defendant Kevin and Defendant Rick, who may have a title interest in 102 Airport Road, Shippensburg, Cumberland County, Pennsylvania 17257. 8. Prior to his death, Decedent owned the real property located at 102 Airport Road, Shippensburg,Cumberland County,Pennsylvania 17257("Real Property"),and more fully described in a certain deed recorded in the Recorder of Deeds Office of Cumberland County,Book W 17,Page 377, which is encumbered by the Mortgage described below. 9. On or about April 28, 2006,the Decedent executed a Promissory Note (the"Note") with Plaintiff in the amount of$62,000.00. A true and correct copy of the Note is attached hereto as Exhibit"A" and is incorporated herein by reference. 10. As security for the performance of his obligations under the Note, on or about May 30, 2006, Decedent, as Mortgagor, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real Property (the "Mortgage"). A true and correct copy of the Mortgage containing a complete legal description of the Real Property is attached hereto and incorporated as Exhibit"B." 11. The Mortgage is recorded at Book 1952 page 1717 in the Recorder of Deeds Office of Cumberland County. 12. The Mortgage has not been assigned. 13. Decedent was the last known owner of the Real Property, and Plaintiff, unless otherwise set forth herein, knows of no other persons holding an ownership interest in the Real Property. 14. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 15. Plaintiff provided Decedent with notice of the period in which Decedent's default may be cured, but Decedent has failed to cure his default. 16. As authorized under the Mortgage,the loan obligation to Plaintiff from Defendants has been accelerated. I 17. The total sum due and owing from Defendants under the Note, as of September 13, 2013, is itemized as follows: Principal: $56,781.12 Late Fees: $ 199.20 Interest as of September 13, 2013: $ 3,468.67 Court Costs and Fees (estimated): $ 500.00* Attorney Fees: $ 5,600.00 Total as of September 13,2013: $66,548.99 Plus interest accruing at$10.48 per day from September 13,2013,until paid in full. it *To be determined by the Cumberland County Sheriff. 18. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and Attorney Fees listed above should additional services be requested and/or costs/charges/fees be incurred as a result of the collection of the money owed and foreclosure of the Real Property. 19. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendants in this Action. i 20. If Defendants 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 Real Property pursuant to Pennsylvania Law. 21. The Real Property is vacant and abandoned. 22. The Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because' the Defendants are not a "Residential Mortgage Debtor" as defined by the Act, having failed to provide Plaintiff notice of its acquisition of title. 23. This action does not come under Act 91 of 1983 because the Real Property is not owner-occupied. 24. Decedent died on August 18, 2013 and, upon information and belief, his surviving' heirs are Defendants Kevin, Kenneth, and Rick. 25. Plaintiff contacted the Register of Wills of Cumberland County and was informed that no estate has been raised on behalf of the Decedent. 26. Waivers were sent to and received from Defendants Kevin, Kenneth, and Rick to allow each to waive their rights and interests in the Real Property upon completion of the foreclosure action. The Waivers are attached herewith as Exhibits C, D, and E. 27. Plaintiff does not hold Defendants Kevin,Kenneth,and Rick,or the Unknown heirs, successors, assigns, and all persons, firms, or associations claiming right, title, or interest from or under Decedent, personally liable on this cause of action, and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid Real Property only. 28. Defendants Kevin,Kenneth,and Rick,or the Unknown heirs,successors,assigns,and all persons,firms,or associations claiming right,title,or interest from or under Decedent,have been I named in accordance with Pa.R.C.P. 1144(a)(2),in order to divest the equitable interests in the Real Property and have no personal liability for the debt secured by the Mortgage. WHEREFORE,Plaintiff demands an in rem judgment against Defendants under the Notal in the amount of$66,548.99, plus interest from September 13, 2013, at the rate of$10.48 per day until the debt is paid in full. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 38 — �� Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1'Federal Credit Union. Any information received will be used for that purpose. EXHIBIT "A" St ME' •END NOTE DISCLOSURE AN At1D C IRIRFEea�Nf N 1 5000 Louise Drive,P.O.Box 40 gORROv.ER'9NAME AND ADDRESS Machanlegbu(g.PA 17055 SIMON E ALLEMAN ��}2 AIRPORT RD MEMBERS In IO-nsbUrg,RA 17267 rrarulaam Ynall FTNTER7:8 CO.90RROwUKS NAME 8.74°ill PRINCIPAL AMOUNT LC- CO-OORROV&R'S NAME --"' S62 norilll — DATE F U MA I--t 4� 0 Q FIXfiD t_I VARIABLE ANNUAL PERCENTAGE FiNANCE CHARGE: Amount Financed;The amount of Total of Payments:The amount RATE: The cost of your credit as a The dollar amount the credit wftl Madill provided to you or on your you Will have paid after you have yearly roto. Cost you, behell. made op payments as scheduled. e,74% o $ 38,997.84 o $82000.00 e $ 100,997.84 a Varfablo Rate:If yovf loan has a variable rate as Indlcotod above the Annual Pereantago Roto may fhcroaso during the larm of this lransacUon)f the (index)chappas,The vada unlon willadd o morgln or to the Index Value.The late will change monthly on the final day at the month,Thu rate will hoVor be higher than lha maximum 1811.allowed by law,and R will nwarbo less than . Any Interest rate Increases will result In more payments at g10 same amount.For Example,It Your loan was for 65,000 at 1691 for to months and Uta Annual Percentage Rate increased by 2%chief one year,the term of your loan would hemoso by two months 40 Proferred Rate:it checked,the fo0ow)ng apptks to youl loom A�Automatic Pa men!Dlwountad Rate:Beaeuse you have agreed to make your required monlhy pe menta through an automatic deduction from your Chockln�/Savinga unL your ANNUAL PERCENTAGE RATE has been discounlad by 2076.The ANNUAL PERCENTILE RATE disclosed nbove In the ANNUAL PERCENTAGE R//TE tax Is (he Automatic Payment Discounted Rata.This rate will Increase by.20%if you cease the aulamatk yment anengemont or fail to maintain sufficient funds in your account to cover the out9moGe ppayments,In such a dean,the effect of the Incraade will be to extend the lean of your loan.For example,li jour Au(omsUe Payment Clseounted Rate Is 10% on o$6,000.06 loan at 00 months and you wase the oulomalla payment arrangement,your rate will Increase ID 10,20%,rasulUng In 1 additional payment. Variabfe Rate Preferred Loans.Iiiour loan la a vori0ble rale Coen and you qunalliity lot a preferred rate,your preferred discount to taken at the Uma you take cul your loan.This Initiol PERCENTAGE ANNUAL E Is 2%at the free you taAGE RATE ke atlthen ree loon your)m�ilal Pfelerred ANNUAL Ou In the PERdexCENTAGE RATas disclosed E wllNoFor N/A46,Yeurl Inulol preferred ANNUAL variable rate loan's Initial ANNUAL RATE cunt then wry according b the Index as disclosed in Iha'Variable Rate'provlalem above, Fixed Rate Preferred Loans,If your loan it a fixed rate loan and You qualify for a preferred rete,your ANNUAL PERCENTAGE RATE will be Ine prefenad ANNUAL PERCENTAGE RATE disclosed above for as long as your preferred status remains in affect, Number of Payments Amount of Paymonta Payment Frequency Whon Payments Aro Duo Property insurance:You ma ob aln property Yarn Insurance from anyone you w�fit t at Is acceptable to Peymad 118 $399.02 Monthly•BAglnning 05/10/2000 (he credit union.Ityou et the Insurance from the SChodkft 1 $53814,48 Final Due-On 0411012019 credit relon you cunt pa� wur y:Collateral securing other loons with the credit union the goods or propporty ❑Ohef will also eedure Ih(s team You aro giving a security InUrest In being putnhaeed, (Doscdbe): Your shwas end/or depodt In the credit union,arid: Lots Charge:Its payment Is late by 10 days or mora you wkI Required Deposit Balance:The Annual Percentage Rete does Filing Foos; Nea•F(fing Insuroaco: be charged�a late loo of 6%of your scheduled payman6 not lake)da account your requited deposit balance,If any. $NIA $NIA e moDAe oslvn}la pato F,You ave to Pal'• r. eq i�uw)cd a to and Amy ane n ormn n nonPaym ° ,enY re ropsymom berm, p19Poy7M1ramnds psnalses. AMOUN OF INANCED $ 62,000.00 Amount Paid to others on yew behalf(Describe) AMOUNT GIVEN TO YOU DIRECTLY$ 11,834.62 $00° ToMuresdsLee $ TO $0.00 TO W".18 Ufa $ To AMOUNT PAID ON YOUR ACCOU NIT$ $l9.dna.3e To CIn2Ne BANK $ To $21.700.00 To PATMOT FCU $0.00 TO Fees PREPAID FINANCE CHARGE $ 0.00$ To AlsedsakAoru $ To Asioa solutions S CURITY INFORMATION MAKE MODEL YEAR I.D.NUMBER TYP• VALUE OTHER(t7asoribe):102 AIRPORT RD SHIPPENSBURG PA 17257 ou Pl Shares AMOUNTCOUNT NUMBER AMOUNT ACCOUNT NUMBER AC endforDepoalh of $ $ You og fee that lite lerm%and conditions In the dlsdosum al0lb"et and the loan and security agreements located on pogo 2 of this dooumsnl shell apply to this loan.If thea Is mere than one beaower,.we agree that all the conditions of the loan and security agreements govelnhng We loan than apppy to both jointly and sovemly,You acknowledge that you have, rocolverl a ocipy of the loan and security agreements and dretlosuro atalamont Co•slgnar,fryou are signing as co-algner,you acknowlodge receipt at the notice to co-signor contained on pago 2, BORRO R'$SIONATURe OAT Q� ❑ CO-MAHER OTHER OWNER ••C0. )GNER DATE �( ,yy- (� (SEAL) Gd X (SEAL) ❑ 00-MAKER O'OTHER OWNER ❑'•CO-SIGNER DATE ❑ CO-MAKER d'OTHER OWNER0 --co-SIGNER DATE X (SEAL) X (SEAL) ❑ CO-MAKER ❑'OTHER OWNER ❑•'CO.9IGNER DATE © CO•MAKER ❑'OTHER OWNER❑ --CC-SIGNER DATE X (SEAL) X (SEAL) —flu OYN9M Ary tyre"o In •ar""a,b"PlainrrIh«,n amm.rar lase!Mara aaaradrndWd edrrrr.Yynr Irarw Tkr rlhrr I—faro rhea rr.,.a«,Ir rel oelaenf Ir pryriff drtd,Wt anNnrmdr Nat ante rrdm trrr'a r.e,Ay MMTr h W wlbluY a eplYnrd M Orr arwMY apnamrm,"eed10NLN1 ePM dYW,hr rnar,.r,be M.T saN lmn.tlin.p.ynwa ft.."awrrMn N fry«rd til rw,w ear M the bar.rM oan«du wrkn rl naWr b wAhAM u rM M.�dd.ae.r.b.Meeslw M 4ec APPLICATION FOR GROUP CREDIT INSURANCE wa re,ytptylnp rhe d Insurance caw a) ed ono agree t0 pay ate r e,0 pronlum.l )uncerttond Uur idea rnoy ho pole b gw narror n comoclbn it cararapo onto I ws unOaRtena Nat V»Pmhato of etb ingaarxfa h yolunhry and not aqulnd h order toablebrwda,en�.l l(Yn)may mrminate it el.n7 rmd.l(we).Maealand that I11dra loeimunvca rs a°lano0,wa caut mustbotokdlyand WvlWn4liable urrdsrthe Icon.*no Nd—lcror antIruarenmr�aro ridellplblstartrisuraneo ApP,LIC C0 P NT Tho following quoallens,1 and 2.most be answered h datorwns my tour)allglblllty for Insurances YEfi Y 1, (ApPlkabia to tb srsuramt 09ramga ally)Alp you be Under age 701n the sdtsdtiNd maoaily data of your loan? � % 9 2. (Applicable to Vsnb?iy a°rereg°on!Y)YWI you be under boa 70 on Ute echedued metLinry Oslo of2r lean AND era gas" woftIng oWltls pew name rp wager or profit bf ae how0 at morn par weak and he"been town darp tat]0 days or morn Irotoro gas" %� ❑ nX tn.ddleroyn,FYawnlwansxmods 6u20.0pa,00tmheofoltgopwlnq question most alaobs answered to oNxta dttermina°helbgdy. ❑ n ❑ O ]. --dr ta,Aa IcgaYw19"-iia cy 1 nY drsdnwaµlDS)a AfUSrPtlW��Cbm�u ylROOC)7'"Is*a oacnart atwry a,weto.stroll., W Mfr jou anrrma b rite above qunUonl ere tam to gw beat of a four)W*Metgo and bclld.II my eosadkaM ar I omwa'No^to quonlpn t or 2,we,unOsnlarro treat Dat paroon 4 nm oNplUa for Imurana and MJI not kaurad.%mY ro•a d a I answer Yas'to quasUan ,we,uraamend Incl ws era aaplMa tr manna Iq to an amourx rat oxeaer 2.s1.o0. InaoaactwtdowOCMY(Our)IlwancoOldontrmdataofiNssngoa.AnyparsonwhoknowinglyaodwithIntenttodefraudarlyinturane°compere➢erolhorDeao Nusnapptleallonfarinsunnes orstetomeal aye4lmeonlarnlnp any matadally hlee lrNeemilbaaroonnecofla for the putrypest o(Msleadmg,lntortnnbn wneaminp nYy uct material men to tomm�lu lrtuvufent lnauaneo act Which la a adqle and sublsns loon p.rean to cdmind and dYt)penatlae.Do uo1 alga lhl.ap 11.11 n If■r7 a0 aabi t s tan arc Bonk.lhla epplicnlen vAW nor to used In contest Ir ell appllo.�N blankapacos hhvsnotl sosomptel ad,Nadabforhesnalshard AAddated IhaappaaMl°a 4lr M°appeoMPon hw mai bow wltnossad. CREOITINSURANCB APPLIED FOR: NOTE:9NLY ONE APPLICANT MAY APPLY FOR DISABILITY COVERAGE. ❑ Yes 0 No Single Credit Life Total Premium ❑ Y8s t^J No Credit 01sabllty Total Premium ❑Yes No Joint Credit Life Indlealowhlehapplicam(sk ❑ Appncant❑CO.Applloomi , $0,00 indicate which appilcanl(s): ❑ Applicant 13 CO-APpllcnnl $0.00 You aro awed any for No Typos of coverage for wrich a theme Is inducted On ail appllooWn APPLIC 8 SIGNATURE DATE OF BIRTH A E CO.APPLICANT'S SIGNATURE DATE OF BIRTH DATE X 6 x W9TN SS DATE SECONDARY BE EFICIARY(APPLICANT) SECONDARY BENEFICIARY(CO•APPU0ANT) ZZ Or 7'411 j� M 9•e]0a 879200,7 SER-MI'lo, 4] BRw,tail payal„iq COPYRIGIi710U7MIMaSoto MuNd COropenhoy,In.All rights reserved, OORAlOWFA'9"ME AM UmN Nuunna ^,,,,T trUme6A OATEOf LOAN SIMON E ALLEMAN r nr 04f2sl2008 I INt7FI&,9d DREREMENT?9S�THE NKIRDS"CREDIT UNION"MEANS MEMBERS 1ST FEDERAL CREDIT UNION,THE WORDS'YOU,"YOUR"ANO"YOURS'MEAN THOSE (LOAN AGREEMENT SECURITY AGREEMENT PayrrtontafFlnanca Chafgos:For value received,you promlao to in ,al t. To socuro psym nt of toMts IanlJt and■I ozpangqlturos IrtCurr odd b v crorni the Cfetlh UNOn's Oiflce,all amounts due.Ail pevmnla shall be made union in cannot�lon wI 11 i fists lotto, �n ro,llzlnp on o•ocurlfvrAoroot yov Upursuant to the disclosure statement on Caga 1 bf this document,Yeu Bram 10 a cr dit union■ Yculrltq ntaraat It, �tr�g'I civ o t. ndgrelentl that the fln0nce charge and to1010! a mots shown on a e 1 •rN 7 of la ocument.T� aatu t Interest tit u a o ntreeaoa bb o y Yuballtu'don" incl aedlllona oto as ro pro rty r oe�} fry jn of tt1 docunenl aro based on the aestrmpllon that.111. n InetattmDt pgpyrrig�nts Insurance on use secured pmpla y an4•,Yca.R°n. i�c°ofrod�romTne y veil bo made on the scheduled duo date ,and,If you have��uallfi0d for secured property, preferred rate that you COpplirwe t0 sells the contlitlona of Iftat ptoforied Cross•co11 torallzodonr P arty siva es sour for this loon or for any rola If fel)to paY arty Installment by a lime ll le due,you% pay athor loanr6orrowpr hoe v`��1 th'a orodIl open w tYaaura xll amoun s addiilotiaf InterCal Oh me overawe amOtmL Borrowar owes Ute redl tm�on naw s yin too utItc However roporty Allocation of Payments ami Additional Paymonto:Payments and aacu.ng poo rite t S noes lure e�tfe loon If,uch ro•rty1P credits shell be appAed In ilia following order:any amounts past due;an sorrowor s 1rlinwa a ro�we,I{onto unless the proDo rgeaPaa�on nonwo are y given and any clhior fs mitut menti aro oaest�adj,or are nompurcnaso fees or charges owdng,Including arty insurance premiums,aeerued Interest mon■y household goo�a, or finance charges;oulatendbg principal,Payments made In addition to 2. Yov wfa n change the location of,asp or Ironsla the coltateret unless you hove rogulrrrty scheduled payrnente a All b0 applied In the some order, the credit on't prior wdu,, eonsant this do rod Ra 0:1 you quapf�fix a rot68trod rale as disclosed an pates 1 0! a' exist t I t et yroerwhhsU t��f ao0naenttl extent«r u 1rcm �'tdvnlrNo°reats 1h18 d0etrm er In a sOpara pr¢ietred sato adder dltm ou tmderefend maker owns the aollataral wim has ilgned Via agreement m the Indicated that you must meet Ilio cond�I�ons disclosed to you IR ordOr to quail iv for the place, prefdrred rale and must con erre to reel those @oAtions in ordar fo keep 4. You veil p oil taxes esseaemenL,end Ileus eappalnat or attached m O o pro arty yourprat(i(rod roto,Ii you gl to trlpY Oondttbns,your rete w n dasa66ed'rid luano� ¢roe m Raep Ih�prnpu In p000�raca i on,rtoyo6d�n o Eneraas0,IhBteby extendkl ilial sof our loan.Yr prom se fa continua eWta m sisal r. ou a see to execute,nandn olatemo e a neturdf' Z payments arm to meaol1 all ab 9atione under this agreement even if 000n4r°ci ndverma°e xf titan at t ro ucdn unron'& gveel are wit defoml rho property you no{()tiger feoeIva t pto Alto rale, P Ihe p nr alms tato Ch eras:Il you make a la(q pavmenL y u a reg to a a tale char @ a., Yaw will maintain Insurane4 to cover ny"hide cr other pro ty In tali me jf ane Is TIgdoBetf on page i of 1h18 dOCufnatN. 9 p y g credit unlaeI has a socunflr lastest mild Insuronco w I be M 6 Iprm prnl all jRn unt taildac1 a the ere d writan You wit sup y the.cradit un n with picot Ptoporty rtsurenes•Ir ou obtain a loan secured by a motor vehlefo or ch rauraru �sass s owes ac t IP�Ynd scow d iota yy ouomein to unauronWn mer t6ngle property,Y +must obtain Insurance which protects the Credfl t rdqunod 4oNla�n t sofowyne sad tKe r �lmyihotrtunlgn(rem finen al lass, h8emourdand cOv@faQa Ofthe prop@tty ums owed,;1414 la�rear Intesheconlmd oto ou NMer surance muste�r�captabfe W(he wodfi uMon.Such a poU mUetae to trtqo rho�Ignt to�epacaedc oanynsure at leastIh0combined additlanal coversgas andIcIlislon • proppsaf anymuror goy thwo rvxeede dune m credIt mutt cont8in @Loss Payable clause endorsement namin the union.Yove� Stto erode union m andoroe a�y cn err dra�tovided Qa or unbn as len holder,You may obia}}��91Is Insurence from 0 agent of �f°e re°d`if union newts ice,end appy trroao pr m 1ho a mi owed m pailay.our alrolce a�dlreq the agent le send 9 is Ctedrl uNen 0 copy of tn8 Y her outMd o the apdu union to VcAde your insurance Service Center noccacary formation for vedf flon Of adequate coverage. Debtor Resgonslbltl�y YOU romisi to notl credh unbn o arty change in You ocKn ad a that Insurance M n oxtansbr mer o d d b d e trod t our name sdd(086 of our ert�You pfoird86 n01 to appy!of a tdal�II unb f'w ou�■mfd m you IndMdaue�y but la pr}myprofaetlon of t4to otr kr1 there s a roasoriabfa ppropabdttyy that you w 11 be unable to repay crow unbn. our a I allon ac ording to Ihe 1 of thea I(extension.You promise 0, gnmdd ma adif union feN al er y pm that the soar dry, rase te9 hes o inform credit upon p1 orry now Informallon which relates to your ability 10 Imtntehed�i ver err((or grryn r,2 in7 1 i m oaa ia' s re�vlred you ((allpay Oil ObUgel 0p,Y()U pfOTrit6a nOt 10 bUbrnN telae cr Inaccurate vpres m Asa n o ered(t urns MOM ten 10j dnye atovar a tion seoufl mfof Uon it wiN Ily on O'0ai ht!ormatlon r ardin me croan un "is Is notonery to prol t me cruNen age rest poealble cr l siantiing,or aedh calla ty. eg 9 your creditworthiness, tans. 7, Its dd un os deflAod I mo L roomonl s d ur,the oro t u hes �efault:You ship be considered In default If anY of the following occur.1) lite au�iarll�upon iuc erar�t`�a�eoaasen end set eosalQ ir laid d A manner.In case, as II tad n r the credit wWn a sum d: you br@ak arty pr fad made under[his Loan greentent Or udder the rocs wr�Wttyos m��Yy.et me Milk m9an%The credit onto! 'RnmPa4 vd em Ore $ewdtY Al ariC Of(2)11 y0U do not Use(n0 h10neY the t radii union eoNat rid h he f aria lake ptleass on,Aubkd 1, pol0 t, T�v c odh jropaned yyOu�o�f t e pwx Tae atated In your all neat br(8)If the credit unlortgrysa rho tp( 1 b render cu e Props v nlad ■f thtyml unuiedo 0r I tn110n It0uld ad t{fit below Ihe►prosppCct of aymaht,perfOmlBM1�0 may dieppie orlplhle�Imec on 1 Dmmtaai cW■htlppro tfWfe to fora(p kepi.If the or rea�Zatbn�ppf Ihe to Orel.If arty,I!irtipa(fad;or g4!I1 yyou lite;Of(SJ II ctedll4alorl deolaas ro ani t e ov teal Ott oudlc sW0 odvato sale or OU to a e I►IOn in bankrupt Insalven Or roceivebhl Of are W o`herw a dy�se d lite ed•tar Ut credo bol n wil,tdI pu of me time and yy ftII pp t CY C 9 dao() mnded diapo ton tip 1 0 dnye r�ar1 die ale or dieaoa ilon,If kivoluniarHj(nt0 such prq urea or(8)lr►ne collateral I!erry I n 0a . 'h cradle un on seas or a erwles itis les er�o I�ot�f rho t It untan o may eecurlly iw this accottnl{8 f 08 tfarttaped or dOslroyed,or 1f 11 t5 levied to�(att form teasonot 0 expeneee�rtem rid In a rotoW(I h�r�ddtap and Ogalrisl,atlaahed or arnlsti •OI{Tilt you do not pay On uma Ony at your Oraparktp mcoliq oral for aria onanOMg t a¢ale or ilio copa10701.ThB assn o r er future debts�o the credit upon.If ou data 11.the credit union may. Unlan .o sol ed reasonebto stroma 1 s an lose xpensea pa nod et the tied t union's option and without print notice,declare ilea loan y M gPprflot�b�o taw,ticartad In oonnaenorl itis dPc e�lgn pt 1pno p openy.�"dla�s JJ you dbteNt,yvo ma 400p p0ss ssfon d 1 „„���°n `collal■rgl describe l end tmmedl9ef�eN dna and peYable,and y u must Immedlale(v Ppay to the credit use h In a ylawNl rYann��er cone�iront m ml['a5ro enter ure utaurones uenk: at.1 at flare the total unpaid belortcp as wall as fhb FII10nce Charge pvl�cy ot,{he coAateral.You wade sL I et me c pdii u donee c�rtaln a Its ` dd tt@a arty late Chaf0as and casts 01 0011 ctl0n Datml t@d under law, 9qn laOa romadlas pvolablO to 1 Gedil rico under ma Un arm curios c al hlChldlrig reason7bre Uittln8y'a foes.that Ito credit un ma Incu4 Up 10 gado and o er all ca{s lave•ria That t ro soda u et,use meso h4 20x,6 019tp unpaid Orindpal @rid IMereat.�asls o1 collection IM1eludo,but era m antoroe e n n you dotavh prat evon6 oucredo untoddd___ bol ltd 9 b / v rca�est nsge7�le proaarty(c�rago end nyel n� oFa o m tis creat riot I 1 lo,repo a�s s n @@a appraisals,an ronrl o lot she unron at a�lec■.0t l a oro t unbn'i cno6ver 11 ilia uedn w on dscmos to assessmenl8 eapUalijrdamage suroncscOvorepa 0 attorney's foes for WalwolMa eau It wig notoons tutewelvadnnItCut. ubaaquent'tlofauns. an ped la oy an all rrtoy in order to collect 1h{s loon or preserve or a, The Cradd union Is tie eby sppolmes ea yyour A(trorney t fed to pedp m any pr a cfe l UNOn'a glib and remedies,tr1CIUdIM1a,Without limitation, oda hI�me unron reels u e nete•sary W protect my taaauxM tad as pro•eWl dans s ttjf payn�wnt�re-suit mediation or AEllkmerk aecur�iy frdaroc whkh lista ngreOmeN craaid 9 ileHOna,InAstl9eltOn arld saAss onl of the credh unia�ns'fights, 0, there la more hen p�rrowor, ur obOg.' u Otl a see {are part_idi bn t�benkruptoy cge9a,mallets,and proceed npaneling, �Olnt a td revera�,sac i�ioi g equsth�jroapona oa 0 to �d o dartsfa witNtliA n propfi of claim,puratrbtghirma o0gtments. grvemeN. ane moIna aCddas, pr cob,melnd 10, Tina a ty o reement oat only bm0a you,but your exocuten,adminlctromro, b at% Ihet r�eyagte nsrt ww�ay to the aedl ucnyionb Cllatel ornCht to halo,an ossl8na sectionrtdalppoal> The plMcipal alanceln tlnfaid�l shell beat Int7otaal ere Ihe canhaa rate. Statute `ton:II are I dofaull,federal low gives the Credit union the dg@ftt to eepty Ihe bidan� �iharbarl O oca you a u Iii defaWtrita the�cMdit t talime or eleutl to sat pl rt union may exercise this g t without fuze"nofica to you. Delay M inforcomant:Credit Union may delay enforcing any of the credll union r ghts under this Agreement without losing them Irroguhar PoymentsupTire credit union may accept late peyments of pat•Ual pe edit ur ion rvigh rui�er1h15 8g"payment ee�rttye n t In sup, wnlhout toeing any of 81ta0 Co-makons:If ou are el ging INa agreement as a -maker,you agree to be equally r@ I nalbie w9h lKe borrower,but the cre�tI urdcrt may sue ellner or both of 1rou.The aedtt urdon does not have to notify you that this agreement line riot been ald.The clodll un n y extend Ihe tarots of PaYmetiI and release artyPsecurity yr thout notifying w releasing you from 0100 2109 espo smlpty on this agreement, Contractual Plodtte a1 sheres:You pladoo all your•ha.oa and deposits In the crodhammn,Including future additions,as security for this man.In csesyau default,the credit union may apply these shares and deposits b the payment of ail stim■due sots tlma of dsrovlt Including costa of con•ction and rossorrobte attornsy'■fops,that the audit union may Incur,up to 20%of the unpaid principal and Intorost.No lion or right to Imprsas a If..on■here&and dopostt■shell apply to arty of your aharos which may be held In an"Individual RoUremontA000unt"or"Kaogh Plan." NOTICE TO CO-SIGNER Yougym"Ing asked t0 gguaranteo this debt.Think carefuVy b44tore you do.If the borrower doesn't pay the debt,you Will have to.Be sure you con afford to Pay U you now to,and IhAt you Want to accept this respadI Iblllty. You may amount, have to pay up to the full amount of the debt 11'the borrower does not pay.You may also haw to pay late fees of collection costa,which Increase Ihls The creditor can collect this debt from you without Drat trying(%coiled from the borrower.The Creditor can use the same collection methods against you that can be used agalnst the tHxrowar,Ouch ass ung you,ggarnlshlnaa your wages,etc.If this debt Is ever In default,that fact may become a part or your credit record.This n lco la not the oontmcI t at makes you I"able for IFio debt F.497691/02 APPRO sini ns,int,2241018 Page 2 Of 2 EXHIBIT "B" 1�mpared By: Members 1st FCU 5000 Louise Drive Mechanicsburg,PA 17055 ROBERT s'. 7IEG1.Ir R •- -n..r.ter�. . r •r'7 r,r. When recorded mail to: FIRST AMERICAN TITLE INSURANCE 1228 EUCLID AVENUE,SUITE 400 , , CLEVELAND, OHIO 44115U 30 1�1�� 30 P11 2 05 AT!'N.FT1120 MORTGAGE Made 04/28/2006 Between SIMON E ALLEMAN (hereinafter called "Mortgagor') And MEMBERS 1ST FEDERAL CREDIT UNION (hereinafter called"Mortgagee") Whereas, Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note (hereinafter called the "Note")of even.date herewith,payable to the order of Mortgagee in the principal sum of $ 62,000.00 ,lawful money of the United States of America, and has provided therein for payment of any additional moneys loaned or advanced thereunder by Mortgagee,together with interest thereon at the rate provided in the Note, in the manner and at the times therein set forth, and containing certain other terms and conditions,all of which are specifically incorporated herein by reference; Now,Therefore,Mortgagor,in consideration of said debt or principal sum and as security for the payment of the same and interest as aforesaid,together with all other sums payable hereunder or under the terms of the Note, does grant and convey unto Mortgagee, All that certain property of the Mortgagor located in SOUTHAMPTON TOWNSHIP Cumberland County, Pennsylvania SEE EXHIBIT A which currently has the address of 102 AIRPORT RD [Street] Shippensburg Pennsylvania 17257 [City] [Zip Code] Acct No AppID Page 1 of 4 _h 8KI952PG1717 Together with the buildings and improvements erected thereon,the appurtenances thereunto belonging and the reversions,remainders,rents, issues and profits thereof. To Have and To Hold the same unto Mortgagee, its successors and assigns, forever. Provided,However,That if Mortgagor shall pay to Mortgagee the aforesaid debt or principal sum, including additional loans or advances and all other sums payable by Mortgagor to Mortgagee hereunder and under the terms of the Note,together with interest thereon, and shall keep and perform each of the other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby granted and conveyed shall become void. This Mortgage is executed and delivered subject to the following covenants,conditions and agreements; (1) The Note secured hereby shall evidence and this Mortgage shall cover and be security for any future loans or advances that may be made by Mortgagee to Mortgagor at any time or times hereafter and intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loans and advances shall be added to the principal debt. (2) From time to time until said debt and interest are fully paid,Mortgagor shall: (a)pay and discharge, when and as the same shall become due and payable, all taxes, assessments, sewer and water rents, and all other charges and claims assessed or levied from time to time by any lawful authority upon any part of the mortgaged premises and which shall or might have priority in lien or payment to the debt secured hereby, (b)pay all ground rents reserved from the mortgaged premises and pay and discharge all mechanics' liens which may be filed against said premises and which shall or might have priority in lien or payment to the debt secured hereby, (c)pay and discharge any documentary stamp or other tax, including interest and penalties thereon,if any,now or hereafter becoming payable on the Note evidencing the debt secured hereby, (d)provide, renew and keep alive by paying the necessary premiums and charges thereon such policies of hazard and liability insurance as Mortgagee may from time to time require upon the buildings and improvements now or hereafter erected upon the mortgaged premises, with loss payable clauses in favor of Mortgagor and Mortgagee as their respective interests may appear, and(e)promptly submit to Mortgagee evidence of the due and punctual payment of all the foregoing charges;provided,however,that Mortgagee may at its option require that sums sufficient to discharge the foregoing charges be paid in installments to Mortgagee. (3) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in good and substantial repair,as determined by Mortgagee. Mortgagee shall have the right to enter upon the mortgaged premises at any reasonable hour for the purpose of inspecting the order,condition and repair of the buildings and improvements erected thereon. Acct No — AppID Page 2 of 4 BK1952PG1718; (4) In the event Mortgagor neglects or refuses to pay the charges mentioned at(2) above,or fails to maintain the buildings and improvements as aforesaid,Mortgagee may do so, add the cost thereof to the principal debt secured hereby, and collect the same as a part of said principal debt. (5) Mortgagor covenants and agrees not to create,nor permit to accrue, upon all or any part of the mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with,the lien of this Mortgage. (6) In case default be made for the space of thirty (30)days in the payment of.any installment of principal or interest pursuant to the terms of the Note, or in the performance by Mortgagor of any of the other obligations of the Note or this Mortgage,the entire unpaid balance of said principal sum, additional loans or advances and all other sums paid by Mortgagee pursuant to the terms of the Note or this Mortgage,together with unpaid interest thereon, shall at the option of Mortgagee and without notice become immediately due and payable, and foreclosure proceedings may be brought forthwith on this Mortgage and prosecuted to judgment,execution and sale for the collection of the same,together with costs of suit and an attorney's commission for collection of five percent(5%)of the total indebtedness or $200,whichever is the larger amount. Mortgagor hereby forever waives and releases all errors in said proceedings,waives stay of execution, the right of inquisition and extension of time of payment, agrees to condemnation of any party levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. (7) Upon payment of all sums secured by this Mortgage,this Mortgage and the estate conveyed shall terminate and become void. After such occurrence,Mortgagee shall discharge and satisfy this Mortgage. Mortgagor shall pay any recordation costs. Mortgagee may charge Mortgagor a fee for releasing this Mortgage, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. The covenants,conditions and agreements contained in this Mortgage shall bind, and the benefits shall inure to, the respective parties hereto and their respective heirs,executors, administrators, successors and assigns,and if this Mortgage is executed by more than one party,the undertakings and liability of each shall be joint and several. Acct No App[D Page 3 of 4 BK; I952PG1719 Witness the due execution hereof the day and year first above written. ) SIMON E ALLEMAN Commonwealth of Pennsylvania ) ss: Countyof C,11mbprl and } On this,the 9S day of_ A-n-r; 1 2006 , before me, Luanne F. Ky 1 e ,the undersigned officer,personally appeared SiAl eginn man satisfactorily proven to me to be the person(s)whose narne(s) is are subscribed to the within Mortgage, and acknowledged that he/she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and offici seal. My commission expires: / CQ MONWEAum OF PENNSYLVANIA Notarial Seal Luanne E.Kyle,Notary Public Shippensburg Boro,Cumberland County My Commission Expires Jan.20,2009 Member,Pennsylvania Association of Notaries Certificate of Residence of Mortgagee. Members IsT Federal Credit Union, Mortgagee within named, hereby certifies that its residence is 5000 Louise Drive,Mechanicsburg, PA 17055. By Acct No. AppiD_ Page 4 of 4 EXHIBIT "C" Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS IST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2014 - CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, : IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED, Defendants WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Kevin E. Alleman, Heir of the Estate of Simon E. Alleman, hereby waive my right to be named as a defendant in a foreclosure action,which may be instituted by Members 1"Federal Credit Union involving a mortgage encumbering the real property located at 102 Airport Road, Southampton Township,Cumberland County,Pennsylvania,Parcel No.39-34-2409-010,which was owned by Simon E. Alleman at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceeding of Sheriff's sale,and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. WITNESS: Kevin E. Alleman, Heir of the Estate of Simon E. Alleman Date: ��(0 `' Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2014 - CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED, Defendants WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Rick L. Alleman, Heir of the Estate of Simon E. Alleman, hereby waive my right to be named as a defendant in a foreclosure action,which may be instituted by Members 1"Federal Credit Union involving a mortgage encumbering the real property located at 102 Airport Road, Southampton Township,Cumberland County,Pennsylvania, Parcel No.39-34-2409-010,which was owned by Simon E. Alleman at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceeding of Sheriff's sale,and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. WITNESS: Rick L.Alleman,Heir of the Estate of Simon E. Alleman Date: FAF1LES\Clients\11470 Members 1st\11470 Current\11470.291 Alleman\11470.291.waiversl.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2014 - CIVIL TERM KENNETH E.' ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED, Defendants WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I,Kenneth E.Alleman,Heir of the Estate of Simon E.Alleman,hereby waive my right to be named as a defendant in a foreclosure action,which may be instituted by Members 1"Federal Credit Union involving a mortgage encumbering the real property located at 102 Airport Road, Southampton Township,Cumberland County,Pennsylvania,Parcel No.39-34-2409-010,which was owned by Simon E. Alleman at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceeding of Sheriff's sale,and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. WITNESS: ` � r enneth E. Alleman, Heir of the Estate of Simon E. Alleman Date: n VERIFICATION as an employee of Members 151 Federal Credit Union,acknowledge I have the authority to. ecute this Verification on behalf of Members 151 Federal Credit Union and certify that the foregoing Complaint in Mortgage Foreclosure is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel,I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. MEMBERS 1 ST FEDERAL CREDIT UNION By. 2�1 1A� Am 0-, -- FARLESTlientsU 1470 Members 1st111470 Currrnt111470.291 Apemen\I 1470.291.Alknum Estate Complainl.wpd • F:\FILES\Clients\11470 Members 1st \11470 Current \11470.291 Alleman\11470.291.Motion.Publication.revl.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff --4 MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 2720 CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF . SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, Defendants MOTION FOR SERVICE BY PUBLICATION AND NOW, comes the Plaintiff MEMBERS 1s` FEDERAL CREDIT UNION, by and through their attorneys, Martson Law Offices, and requests that this Honorable Court enter an Order granting Plaintiff's Motion for Service by Publication and in support thereof avers as follows: 1. On or about April 28, 2006, Simon E. Alleman (the "Decedent") executed a Promissory Note (the "Note") with Plaintiff in the amount of $62,000.00. 2. As security for the performance of his obligations under the Note, on or about May 30, 2006, Decedent, as Mortgagor, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the real property located at 102 Airport Road, Shippensburg, Cumberland County, Pennsylvania (the "Real Property"). 3. The Note and Mortgage are in default as payment due November 16, 2012, and each month thereafter are due and unpaid. 4. Decedent died a resident of Cumberland County, Pennsylvania on August 18, 2013. 5. Upon information and belief, Decedent's surviving heirs are his children, Kevin E. Alleman, Kenneth E. Alleman, and Rick L. Alleman. 6. Any additional parties who may have an interest in the Real Property are unknown to Plaintiff. 7. Plaintiff contacted the Register of Wills of Cumberland County and was informed that no estate has been raised on behalf of Decedent. 8. Upon information and belief, Decedent's interest in the Real Property passes to his children identified in Paragraph 5 above. 9. Decedent's children executed Waivers relinquishing their rights and interests in the Real Property upon completion of the foreclosure action. True and correct copies of the Waivers are attached hereto and incorporated herein as Exhibit "A." 10. A cause of action may exist against the Unknown Heirs, Successors, Assigns, and all persons, firms or associations claiming right, title, or interest from or under Decedent ("Unknown Defendants"), and each are necessary and proper parties to the action. 11. On March 25, 2014, a letter was sent to the Real Property addressed to the Unknown Defendants outlining the in rem foreclosure process, and Plaintiff's intention to foreclose. A true and correct copy of the correspondence dated March 25, 2014, is attached hereto and incorporated herein as Exhibit "B." 12. On March 30, 2014, the U.S. Postal Service returned Plaintiff's letter informing Plaintiff that the Real Property was vacant, and could not forward. A true and correct copy of the U.S. Postal Service notification is attached hereto and incorporated herein as Exhibit "C." 13. Plaintiff has made a good -faith effort to locate the Unknown Defendants. An Affidavit Pursuant to Pa. R.C.P. No. 430 setting forth Plaintiff's efforts to locate the Unknown Defendants is attached hereto and incorporated herein as Exhibit "D." 14. It is the Plaintiff's contention that normal service of Defendant under Pa. R.C.P. 402(a) is not possible in this case. 15. Plaintiff requests this Honorable Court to order service of the Complaint upon the Unknown Defendants in accordance with Pa. R.C.P. 430. 16. No Judge has previously been assigned to rule on this matter. 17. Due to the consent to foreclosure action of Decedent's children as set forth in the executed Waiver's, Plaintiff did not send a copy of this Motion to them in advance of filing. 18. In order to convey good and marketable title after a foreclosure sale, the foreclosing mortgagee customarily will name as a defendant the unknown heirs, successors, assigns and all persons, firms or associations claiming right, title or interest from or under the decedent mortgagor. WHEREFORE, Plaintiff prays this Court issue an Order directing service of the Complaint, and all future pleadings, under Pa.R.C.P. 430 by publication, posting of the mortgaged premises and by regular mail. Date: 619 MARTSON LAW OFFICES By: Christopher E. Rice , Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 , 2014 Attorneys for Plaintiffs EXHIBIT "A" Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF . SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, Defendants WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Kevin E. Alleman, Heir of the Estate of Simon E. Alleman, hereby waive my right to be named as a defendant in a foreclosure action, which may be instituted by Members 1" Federal Credit Union involving a mortgage encumbering the real property located at 102 Airport Road, Southampton Township, Cumberland County, Pennsylvania, Parcel No. 39-34-2409-010, which was owned by Simon E. Alleman at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceeding of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. WITNESS: Date: (a— Kevin E. Alleman, Heir of the Estate of Simon E. Alleman EXHIBIT "B" Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney LD. D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :NO. 2014 - CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF . SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, Defendants WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Rick L. Alleman, Heir of the Estate of Simon E. Alleman, hereby waive my right to be named as a defendant in a foreclosure action, which may be instituted by Members 1" Federal Credit Union involving a mortgage encumbering the real property located at 102 Airport Road, Southampton Township, Cumberland County, Pennsylvania, Parcel No. 39-34-2409-010, which was owned by Simon E. Alleman at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceeding of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. WITNESS: Date: 3 0,D 1 ti Rick L. Alleman, Heir of the Estate of Simon E. Alleman F:\FILES\Clients111470 Members 1st \11470 Current \11470.291 Alleman\ 11470.291.waiversl.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF . SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, Defendants WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Kenneth E. Alleman, Heir of the Estate of Simon E. Alleman, hereby waive my right to be named as a defendant in a foreclosure action, which may be instituted by Members 1" Federal Credit Union involving a mortgage encumbering the real property located at 102 Airport Road, Southampton Township, Cumberland County, Pennsylvania, Parcel No. 39-34-2409-010, which was owned by Simon E. Alleman at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceeding of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. WITNESS: Date: -21 � .LNJ!hh; " _ice ii1 enneth E. Alleman, Heir of the Estate of Simon E. Alleman EXHIBIT "B" MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 EAST HIGH S'IREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMJLE (717)243-1850 INTERNET wwwmartsonlaw.com Occupants/Possible Heirs 102 Airport Road Shippensburg, PA 17257 March 25, 2014 WILLIAM F. MARTSON GEORGE B. FALLER JR.* JOHN B. FOWLER III DAVID A. FrrzsmoNs DANIEL K. DEARDORFFt CHRISTOPHER E. RICE THOMAS J. WILLIAMS* SETH T. MOSEBEY IVO V. arro III KATIE J. MAXWELL HUBERT X. GILROY AARON S. HAYNFS *BOARD CERTIFIED CIVIL TRIAL SPECIALIST IBOARD CERTIFIED WORKERS' COMPENSATION SPECIALIST RE: Members 1 Federal Credit Union/Simon E. Alleman Our File No. 11470.291 To Whom It May Concern: Our office has been retained by Members Is' Federal Credit Union, the holder of the mortgage against the real property located at 102 Airport Road, Southampton Township, Cumberland County, Pennsylvania, which was owned by Simon Alleman. The loan in favor of our client has been in default for over a year, and Members Ihas requested our office to initiate a foreclosure action. In order to proceed with the foreclosure, we must initiate a Complaint against both the known heirs and those heirs or beneficiaries whose identities may be unknown. Because you may be an heir or may have an interest in the property, we are providing you with this notice of our intention to foreclose. The mortgage foreclosure action will be an in rem proceeding only. This means that Members 1" is proceeding only against the real property and will not be seeking a personal judgment against any of the heirs or beneficiaries. Please contact our office if you consent to the foreclosure proceeding. This is a debt collecting firm attempting to collect a debt for Members 1StFder1 Credit i Tnion. Any information obtained will be used for that purpose. Very truly yours, MARTSON LAW OFFICES 5 - Christopher E. Rice CER/mmp cc: Members I s' Federal Credit Union (via email) F:\FILES‘Clients\ 11470 Members !sal 1470 Current \ 11470 291 AllemeM11470.291.occupentwpd EXHIBIT "C" INFORMATION • ADVICE • ADVOCACY SM EXHIBIT "C" Occup its/Possibie )?: g �ezrs .. 1fport.Roacl tiPPensb irb, PA 17;5 7 RETURN TO SENDER N Aa L TO OR WAR D 1,t11.1i � 17813301519 EXHIBIT "D" Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF . SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, Defendants AFFIDAVIT PURSUANT TO Pa.R.C.P. 430 COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says: 1. Affiant is the attorney for Plaintiff in the above -captioned action and is familiar with all facts and circumstances in this action. 2. This Affidavit is in support of Plaintiffs' Motion for Service by Publication of the Notice Under Rule 430 of the Pa.R.C.P. 3. This action is based on Decedent's failure to make mortgage payments, and the subsequent foreclosure action against Decedent. 4. Decedent died on August 18, 2013 and, upon information and belief, his surviving heirs are his children, Kenneth E. Alleman, Kevin E. Alleman and Rick L. Alleman. 5. Upon information and belief, the interest in the Real Property passes to his children. 6. Waivers were sent to and received from Kenneth E. Alleman, Kevin E. Alleman and Rick L. Alleman to allow each to waive their rights and interests in the Real Property upon completion of the foreclosure action. 7. In order to convey good and marketable title after a foreclosure sale, the foreclosing mortgagee customarily will name as a defendant the unknown heirs, successors, assigns and all persons, firms or associations claiming right, title or interest from or under the decedent mortgagor. 8. On March 25, 2014, a letter was sent to the Real Property addressed to the Unknown Defendants outlining the in rem foreclosure process, and Plaintiff s intention to foreclose. 9. On March 30, 2014, the U.S. Postal Service returned Plaintiff's letter informing Plaintiff that the Real Property was vacant, and could not forward. 10. Plaintiff has made a good -faith effort to locate the Unknown Defendants. Sworn to and subscr' . ed efore me this day of � , 2014. Nojar'ublic Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County Commission Expires Aug. 18, 2015 140411K1lINNW7vArtirA ASSOCIATION OF NOTARIES CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Occupants/Unknown Heirs 102 Airport Road Shippensburg, PA 17257 MARTSON LAW OFFICES Price 10 Easf High Street Carlisle, PA 17013 Dated: q4� This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union. Any information obtained will be used for that purpose. MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 2720 CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF . SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS : OR. ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, Defendants lk AND NOW, this /2 day of , 2014, upon consideration of Plaintiff's Motion for Service by Publication and the accompanying Affidavit pursuant to Pa. R.C.P. 430, Plaintiffs' Motion is hereby granted. Plaintiffs are permitted to serve the Unknown Heirs, Successors, Assigns, and all persons, firms or associations claiming right, title, or interest from or under Decedent by publication pursuant to Pa. R.C.P. 430. Said publication shall be made in conformance with Pa.R.C.P. 430 by publishing in one newspaper of general circulation in Cumberland County and in the Cumberland County Reporter. ORDER BY THE COURT: cc:Christopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 Occupants/Unknown Heirs 102 Airport Road Shippensburg, PA 17257 Qopi ES f C, S / N fir'% J. i F:\FILES\Clients\11470 Members 1st \I 1470 Current \11470.291 Alleman\11470.291.proof of publication.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OTTO GILROY & FALLER ILI:: 14 141 PEt.'11S YLVAtIIA., MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - 2720 CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, : IN THEIR CAPACITIES AS HEIRS OF . SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, . ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, : Defendants AFFIDAVIT OF SERVICE BY PUBLICATION COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND In accordance with the Order dated May 12, 2014, authorizing service by publication on Defendants Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Simon E. Alleman, deceased. I hereby certify that Defendants Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Simon E. Alleman, deceased, were served with the Notice of Sheriff s Sale for the property located at 102 Airport Road, Shippensburg, Cumberland County, PA 17257. The Notice of Sheriff's Sale for the property located at 102 Airport Road, Shippensburg, Cumberland County, PA 17257, was published one time in The Sentinel on June 11, 2014, and one time in the Cumberland Law Journal on June 13, 2014. Attached are the Proofs of Publication of Notice. Sworn to and subscribed before me this jy day July, 2014. MARTSON LAW OFFICES By e4'4 5% A Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 Ten East High Street Carlisle, PA 17013 (717) 243-3341 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County Commission Expires Aug. 18, 2015 itiNNSYLVANIA ASSOCIATION OF NOTARIES PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Patrick Doane, Production Director, 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 day(s): June 11, 2014. COPY OF NOTICE OF PUBLICATION :oar' of Common Pleas of Cumberland County, Pennsylvania Civil Action - Mortgage Foreclosure No. 2014-2720 MEMBERS 1ST FEDERAL CREDIT UNION Plaintiff v. EVIN E. ALLEMAN and RICK L ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF DECEASED, and UNKNOWN HEIRS OF SIMON E. ALLEMAN, DECEASED, :ESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING DR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED Defendants NOTICE E. Alleman, Deceased, and Unknown Heirs, Successors, Assigns, and All Persons, timing Right, Title or Interest From or Under Simon E. Alleman, Deceased 2014, Plaintiff, Members 1st Federal Credit Union, filed a Complaint endorsed with a in the Court of Common Pleas of Cumberland County; Pennsylvania, docketed to No. seeks to enforce its rights under its loan documents. s are unknown; the Court by Order dated May 12, 2014, orderd notice of said facts and )e served upon you as provided by R.C.P. 430(b). Ito the above reference Complaint on or before 20 DAYS from the date of this )e entered against you. . • NOTICE • you wish to defend against the claims set forth in the following pages, you must take s after this Complaint and Notice are served, by entering a written appearance filing in writing with the court your defenses or objections to the claim set forth against au fail to do so, the case may proceed without you and a judgment may be entered mit further notice for any money claimed in the Complaint or for any other claim or relief ou may lose money or property or other rights important to you. ER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR 'SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH ENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A IT HAVE A LAWYER OR CANNOT AFFORD A LAWYER, CONTACT: • Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 Christopher E. Rice, Esquire Aaron S. Haynes, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 717-243-3341 Affiant further deposes that he/she 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.. Sworn to and subscribed before me this l dau 0 Jt14 Nothry Public My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M. HoltrY, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 EMBER, P A A ASSOCIATION OF NOTARIES PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, 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 June 13, 2014 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. Marie Coyne, Ftlitor SWORN TO AND SUBSCRIBED before me this 13 day of June, 2014 C-2"11) t - Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action—Mortgage Foreclosure No. 2014-2720 MEMBERS 1st FEDERAL CREDIT UNION Plaintiff v. KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS OF SIMON E. ALLEMAN, DECEASED and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED Defendants NOTICE TO: Unknown Heirs of Simon E. Al- leman, Deceased and Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Simon E. Alleman, Deceased You are notified that on May 5, 2014, Plaintiff, Members 1st Fed- eral Credit Union, filed a Complaint endorsed with a Notice to Defend against you in the Court of Common Pleas of Cumberland County, Penn- sylvania, docketed to No. 2014-2720, wherein Plaintiff seeks to enforce its rights under its loan documents. Since your current whereabouts are unknown, the Court by Order dated May 12, 2014, ordered notice of said facts and the filing of the Complaint to be served upon you as provided by R.C.P. 430(b). You are hereby notified to plead to the above referenced Complaint on or before 20 DAYS from the date of this publication or Judgment will be entered against you. 9 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 ap- pearance 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 Plaintiffs. 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 RE- DUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 CHRISTOPHER E. RICE, ESQUIRE AARON S. HAYNES, ESQUIRE MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 June 13 F:\FILES\Clients\11470 Members 1st \11470 Current \11470.291 Alleman\I1470.291.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 2720 KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF : SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, Defendants CIVIL TERM TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED: NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 8"1k day of July, 2014, the following Judgment was entered against you in the above -captioned action: judgment in the amount of $66,548.99, plus interest from September 13, 2013, at the rate of $10.48 per day until the debt is paid in full, for failure to file an Answer to Plaintiffs Complaint. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Unknown Heirs, Successors, Assigns, and all Persons, Firms or Associations Claiming Right, Title or Interest From or Under Simon E. Alleman, deceased 102 Airport Road Shippensburg, PA 17257 F:\FILES\Clients\11470 Members 1st \11470 Current \I 1470.291 Alleman\ 11470.291.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Pu EO -OFFICE THE PROTHONOTARY 2014 JUL 28 PM .12• 09 CUMBERLAND COUNTY PENNSYLVANIA OTTO GILROY & FALLER MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 2720 CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF . SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, Defendants PRAECIPE TO THE PROTHONOTARY: Please enter default judgment in the above -captioned action in favor of Plaintiff and against Defendants, Unknown heirs, successors, assigns, and all persons, firms, or associations claiming right, title, or interest from or under Simon E. Alleman, Deceased, in the amount of $66,548.99, plus interest from September 13, 2013, at the rate of $10.48 per day until the debt is paid in full, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed to Defendants, Unknown heirs, successors, assigns, and all persons, firms, or associations claimin sa I1 21 AO- 3008-3 right, title, or interest from or under Simon E. Alleman, Deceased, on July 8, 2014, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. Dated: 'l _ Z cv — MARTSON LAW OFFICES By: Christopher E. E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff '0.rmItv004 \sysT11..ES \ Clients\ 11470 N.1embtrs 1s611470 Curren011470.291 Al letnarA11470.201,. tOdaynotice.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney 1.D. No, 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS IsT FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2014 - 2720 CIVIL TERM KENNETH E ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF : SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, : ASSIGNS. AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, : Defendants IMPORTANT NOTICE TO: Unknown Heirs, Successors, DATE OF NOTICE: Ally 7 , 2014 Assigns, and all Persons, Firms or Associations Claiming Right, Title or Interest From or Under Simon E. Allman, deceased 102 Airport Road Shippensburg, PA 17257 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 'FHE CLAIMS SE! 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 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 WI f H INFORMATION ABOUT AGENCIES THA'.1 MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON LAW OFFICES By: 5 Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union. Any information obtained will be used for that purpose. F:\FILES\Clients\11470 Members 1st \11470 Current \11470.291 Alleman\I 1470.291. pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 2720 CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF : SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, Defendants AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, Defendants Unknown heirs, successors, assigns, and all persons, firms, or associations claiming right, title, or interest from or under Simon E. Alleman, Deceased, above named are not in the military service of the United States of America, that he has knowledge that the said Defendants, Unknown heirs, successors, assigns, and all persons, firms, or associations claiming right, title, or interest from or under Simon E. Alleman, Deceased's last known address is: 102 Airport Road, Shippensburg, Pennsylvania 17257. Said Defendants' place of employment is unknown. Sworn to and subscribed before me thisi day of July, 2014. N etPublic e-4 4 C Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Co nmIssion ExpiAug. 18, 201 res5 MEMBER, vANU ASSOQAnoN of NOTARIES F:\FILES\Clients\11470 Members 1st\11470 Current \11470.291 Alleman\11470.291.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 2720 CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF . SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, Defendants COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendants Unknown heirs, successors, assigns, and all persons, firms, or associations claiming right, title, or interest from or under Simon E. Alleman, Deceased, was given to them by mail on July 8, 2014. Sworn to and subscribed before me thisPlA day of , 2014. Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA ry bllc County Notarial Seal Mary M. Price,Nota Pu Carlisle Boro, Cumberland My Commission Expires Aug. 18, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Unknown Heirs, Successors, Assigns, and all Persons, Firms or Associations Claiming Right, Title or Interest From or Under Simon E. Alleman, deceased 102 Airport Road Shippensburg, PA 17257 MARTSON LAW OFFICES . Price 10 East High Street Carlisle, PA 17013 Dated: %/a Ir This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union. Any information obtained will be used for that purpose. ' IF L F.TILE S\Clients\11470 Members lst\11470 Current\11470.291 Alleman\I1470.291.Motion.Post.wpd Trfl t Christopher E. Rice, Esquire ~` AUG 12 Attorney I.D. No. 90916 CUMBER�,AN COUNTY Aaron S. Haynes, Esquire PEhINSYLD Attorney I.D. No. 307746 NIA MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : : NO. 2014 - 2720 CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED, Defendants MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, MEMBERS I" FEDERAL CREDIT UNION, by and through their attorneys,Martson Law Offices,and requests that this Honorable Court enter an Order granting Plaintiff's Motion for Service Pursuant to Special Order of Court, and in support thereof, avers as follows: 1. Decedent, Simon E. Alleman, ("Decedent") died a resident of Cumberland County, Pennsylvania on August 18, 2013. 2. Decedent's surviving heirs are his children,Kevin E.Alleman,Kenneth E.Alleman, and Rick L. Alleman. 3. Plaintiff named the unknown heirs("Unknown Defendant")as a party hereto in order to ensure all possible parties with an interest in the Real Property(as hereinafter defined) received notice. 4. Decedent's interest in the real property located at 102 Airport Road, Shippensburg, Cumberland County,Pennsylvania("Real Property")passed to his children,identified in paragraph 3 above, upon his death. 5. Decedent's children executed Waivers relinquishing their rights and interests in the Real Property. 6. Plaintiff filed a Motion for Service by Publication on May 9,2014,based on the fact that once Decedent's children waived their right in the Real Property,the Unknown Defendant may have an interest in the Real Property. 7. On May 12,2014,this Honorable Court granted Plaintiff's Motion,allowing Service by Publication to proceed. A true and correct copy of the Order is attached herewith as Exhibit"A". 8. On June 11, 2014, the Plaintiff placed a Notice of Mortgage Foreclosure in the Carlisle Sentinel Pursuant to Pa.R.C.P. 430. A true and correct copy of the Affidavit of Service by Publication is Attached herewith as Exhibit "B". 9. On June 13, 2014, Plaintiff placed a Notice of Mortgage Foreclosure in the Cumberland Law Journal pursuant to Pa.R.C.P 430. See Exhibit "B". 10. On July 28, 2014, Plaintiff entered a Praecipe for Default Judgement against the Unknown Defendant. 11. On July 31, 2014, the United States Postal Service returned the Notice of Entry of Default Judgment sent to the Real Property,because the Postal Service was unable to forward to an Unknown Defendant. t 12. All notices or correspondence sent to the Unknown Defendant at the Real Property have been returned. 13. Upon information and belief, Plaintiff believes that the Real Property is vacant. 14. The Cumberland County Sheriff is unable to post the Real Property for Sheriff Sale without express permission by the Court. 15. Because the children in this case have waived their rights in the Real Property, the remaining party to this foreclosure action is the Unknown Defendant. 16. Plaintiff requires express permission from the Court to post the Notice of Sheriffs Sale on the Real Property. 17. This Motion does not need to be provided to the Unknown Defendant in advance since such party or parties have not been identified. WHEREFORE, Plaintiff prays this Court issue the attached Order directing that service be permitted of the Notice of Sheriff's Sale and all other matters by publication, posting the property, and mail. MARTSON LAW OFFI ES y: ri topher E. ce , E q ire I. o. 90916 A S. Haynes, quir I.D. 0. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 8` �o�i , 2014 Attorneys for Plaintiffs EXHIBIT "A" MEMBERS 1sT FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2014 - 2720 CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED, Defendants ORDER AND NOW, this jj#-�day of , 2014, upon consideration of Plaintiff's Motion for Service by Publication and the atcmpanying Affidavit pursuant to Pa. R.C.P. 430, Plaintiffs' Motion is hereby granted. Plaintiffs are permitted to serve the Unknown Heirs, Successors, Assigns, and all persons, firms or associations claiming right, title, or interest from or under Decedent by publication pursuant to Pa. R.C.P. 430. Said publication shall be made in conformance with Pa.R.C.P. 430 by publishing in one newspaper of general circulation in Cumberland County and in the Cumberland County Reporter, BY THE COURT: r-, r-- cc: Christopher E. Rice, Esquire �UD ' MARTSON LAW OFFICES zr`' Ten East High Street Carlisle, PA 17013 rte-D -�c:. <z; Occupants/Unknown Heirs �—�c :0 102 Airport Road Shippensburg, PA 17257 EXHIBIT "B" F.TILES,Clients\11470 Members I st\1 1470 Current\11470 291 A[leman\11470 291 proof of publication wpd 1 r Christopher E. Rice, Esquire `' L f 1— i.fU I Attorney I.D. No. 90916 Aaron S. Haynes, Esquire 2 Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2014 - 2720 CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER: SIMON E. ALLEMAN, DECEASED, Defendants AFFIDAVIT OF SERVICE BY PUBLICATION COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ) In accordance with the Order dated May 12, 2014, authorizing service by publication on Defendants Unknown Heirs,Successors,Assigns,and All Persons,Firms,or Associations Claiming Right,Title or Interest From or Under Simon E.Alleman,deceased. I hereby certify that Defendants Unknown Heirs,Successors,Assigns,and All Persons,Firms,or Associations Claiming Right,Title or Interest From or Under Simon E.Alleman,deceased,were served with the Notice of Sheriff's Sale for the property located at 102 Airport Road, Shippensburg, Cumberland County, PA 17257. The Notice of Sheriff s Sale for the property located at 102 Airport Road, Shippensburg, Cumberland County, PA 17257, was published one time in The Sentinel on June 11, 2014, and one time in the Cumberland Law Journal on June 13, 2014. Attached are the Proofs of Publication of Notice. MARTSON LAW OFFICES gy (2, 4 s, /- - Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this day July, 2014. r I No a Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M.Price,Notary Public carllsle Born,cumberiand county ly co nmision Expires Aug.18,2015 MEM VANIA ASSOQATION OF NOTARIES PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Patrick Doane, Production Director 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 day(s): June 11,2014. COPY OF NOTICE OF PUBLICATION ,ourf of commoncivil Ac leis of Mortgage dared County,Pennsylvania' Affiant further deposes that he/she is not Civil Actbn`-Mortgage Foreclosure- Na.2014-272x` interested in the subject matter of the MEMBERSISTFEOERALCREDITUNION- aforesaid notice or advertisement,and that ' Piai" all allegations in the foregoing statement as EVIN r-ALLEMAN and RICK L.ALLEMAM,IN THEIR CAPACITIES AS HEIRS OF DECEASED,and UNKNOWN HEIR$OFSIMONE.ALLEMAKDECEASED, to time, place and character of publication 'ESSORSASSIGNS,AND ALL PERSONFIRMSORASSOCIATIONSCLAIMINW# JR INTEREST FROM OR UNDERSIMON .ALLEMAN,DECEASED`- : are true. 1 � OefendaMs t NOTICEI T - ' D✓�� E:Allematfi Deceased;and Unknown Hein;successore,Assignsi and AN Person iming Right;'Titte of Interest From s,or Under Simon E.Alleman,Deceased, 20.14,Plai Msiltberelst Federal Credit Clnloh,fit ed's Complaint endorsed with a in the Court of Common Pleas of Cumberland County;Pennsylvania,docketed to NG. ,asks to enforce its rights under its loan documents. >are unknown,the Court by Order dated May 12,2014,orderd notice of said facts and )a served uport you as prodded by R.C.P.430(by. Sworn to and subscribed before me this I to the above reference Complaint on or before 20 DAYS from the date of this )e entered against yoW NOTICIF you wish to defend against the claims set forth in the following pages,you must take ,after this Complaint and Notice are served,by entering a written appearance filing in writing with the court your defenses or objections to the claim set forth against ^ Ju fall to do au,the case may proceed without you and a Judgment may be entered 'ut further notice for any money claimed in the Complaint or for any other claim or relief- I i ou may lose money or property or other rights important to you. , ER TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER,GO TO OR 3 E FORTH BELOW.THIS OFFICE CAN PROVIDE YOU WITH INFORMATION Not ry Public HIRE A LAWYER,T1413 OFFICE MAY BE ABLE TO PROVIDE YOU WITH ' =NCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA -T HAVE A LAWYER OR CANNOT AFFORD A LAWYER,CONTACT: Cumberland County Bar Association MV commission expires: 32 South Bedford Street Carlisle,Pennsylvania 17013 Telephone:717-249-3180 Christopher E.Rice,Esquire Aaron S.Haynes,Esquire ©MMr�MN1CAlrli��I MARTSON LAW OFFICES --� ,.NN$YLVANL4 10 East High Street dr�t3r 31 sal Carlisle,PA 17013 eethan 717-243-3341 y M.t+aIbry,t4otdry PUbIIC Carlisle 3o;a,c umberlandCounty r ty COmmissior,Expires Sept.7( z035 faFMgER.°EFlrl`;Y_ A 1704 0�F OTARRS PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, 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 June 13, 2014 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. t a Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 13 day of June. 2014 �- Notary COMMONWEALTH Of PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO..CUMBERLAND CNTY My Commission Expires Apr 28,2018 e CUMBERLAND LAW JOURNAL NOTICE NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania You have been sued in court. If Civil Action—Mortgage Foreclosure you wish to defend against the claims set forth in the following pages,you No. 2014-2720 must take action within twenty(20) days after this Complaint and Notice MEMBERS 1st FEDERAL are served,by entering a written ap- CREDIT UNION pearance personally or by attorney Plaintiff and filing in writing with the court v' your defenses or objections to the KENNETH E. RICK L. KEVIN E. claims set forth against you.You are ALLEMAN C and RICK L.S HEIRS O warned that if you fail to do so, the IN THEIR CAPACITIES AS HEIRS OF case may proceed without you and SIMON E.ALLEMAN,DECEASED, y p and UNKNOWN HEIRS OF SIMON a judgment may be entered against E.ALLEMAN,DECEASED and you by the court without further UNKNOWN HEIRS,SUCCESSORS, notice for any money claimed in the ASSIGNS AND ALL PERSONS, Complaint or for any other claim or FIRMS OR ASSOCIATIONS relief requested by the Plaintiffs.You CLAIMING RIGHT,TITLE OR may lose money or property or other INTEREST FROM OR UNDER rights important to you. SIMON E.ALLEMAN,DECEASED YOU SHOULD TAKE THIS PAPER Defendants TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER, GO TO NOTICE OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN TO: Unknown Heirs of Simon E.Al- PROVIDE YOU WITH INFORMATION leman, Deceased and Unknown ABOUT HIRING A LAWYER. Heirs, Successors, Assigns and IF YOU CANNOT AFFORD TO All Persons,Firms or Associations HIRE A LAWYER,THIS OFFICE MAY Claiming Right, Title Interest BE ABLE TO PROVIDE YOU WITH From or Under Simon E..Alleman, Deceased INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES You are notified that on May 5, 2014, Plaintiff, Members 1st Fed- TO ELIGIBLE PERSONS AT A RE- eral Credit Union, Filed a Complaint DUCE FEE OR NO FEE: endorsed with a Notice to Defend IF YOU DO NOT HAVE A LAWYER against you in the Court of Common OR CANNOT AFFORD A LAWYER Pleas of Cumberland County, Penn- Contact: sylvania,docketed to No.2014-2720, Cumberland County wherein Plaintiff seeks to enforce its Bar Association rights under its loan documents. 32 South Bedford Street Since your current whereabouts Carlisle, PA 17013 are unknown, the Court by Order Telephone(717)249-3166 dated May 12, 2014, ordered notice CHRISTOPHER E. RICE, of said facts and the filing of the ESQUIRE Complaint to be served upon you as AARON S. HAYNES, ESQUIRE provided by R.C.P. 430(b). MARTSON LAW OFFICES You are hereby notified to plead 10 East Hi Street to the above referenced Complaint on or before 20 DAYS from the date Carlisle, PA 17013 of this publication or Judgment will (717) 243-3341 be entered against you. June 13 9 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Unknown Heirs, Successors Assigns, and all Persons, Firms or Interest from or Under Simon E. Alleman, Deceased 102 Airport Road Shippensburg, PA 17257 MARTSON LAW OFFICES By Ma . Price 10 Eat High Street Carlisle, PA 17013 Dated: This is a debt collecting firm attempting to collect a debt for Members Ist Federal Credit Union. Any information obtained will be used for that purpose. MEMBERS l ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, Plaintiff v. KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF : SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, Defendants : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - 2720 CIVIL TERM ORDER AND NOW, this day of August, 2014, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of the Court, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sheriffs Sale as authorized by Pa.R.C.P. 3129.2(c)(1)(i)(c) and other related documents on the Unknown Defendant (as defined within the Motion) by publication, and by First Class Mail at the Real Property located at 102 Airport Road, Shippensburg, Cumberland County, Pennsylvania 17257 (service by mail is complete upon the date of mailing); and by posting on the Real Property located at 102 Airport Road, Shippensburg, Cumberland County, Pennsylvania 17257, by the Sheriff of Cumberland County, or by a non-party competent adult. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this Court Order. cc: ristopher E. Rice, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 BY THE COURT: known Heirs, Successors Assigns, and all Persons, Firms or Interest from or Under Simon E. Alleman, Deceased 102 Airport Road Shippensburg, PA 17257 i t F:\FILES\Clients\I 1470 Members 1st\11470 Current \11470.291 Alleman\I 1470.291.pra.writ of execution.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PROTHONOTARY Q O t llr_. THONG TA,`?Y 2014 AUG 19 41111: 15 CUMBERLANDUtxY& FALLER PENNSYLVANIA MEMBERS MEMBERS 1ST FEDERAL CREDIT :1N THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2014 - 2720 KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF : SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, Defendants CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Defendants, Unknown heirs, successors, assigns, and all persons, firms, or associations claiming right, title, or interest from or under Simon E. Alleman, Deceased; and (3) execute against real property known as 102 Airport Road, Shippensburg, Cumberland County, Pennsylvania, previously owned by Decedent Simon E. Alleman; and identified on Exhibit "A" attached hereto. Principal Balance: $ 56,781.12 Interest as of September 13, 2013: $ 3,468.67 Interest accruing at $10.48 per day/from September 13, 2013: $ Late Fees: $ 199.20 Court Costs and Fees (estimated): $ 500.00* Attorney's Fees: $ 5,600.00 Total Due as of September 13, 2013: $ * To be determined by the Cumberland County Sheriff. Date: 7- 31-14 MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1" Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2014-2720 Parcel No: 39-34-2409-010 ALL THAT CERTAIN tract of land and the improvements thereon situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Pine Road leading from Walnut Bottom Road to Cleversburg, said point being Fifty-one (51) feet Southeast from the Southeast corner of a lot formerly deeded to Paul L. Kelley; thence in an Easterly direction at right angles to the Pine Road Two Hundred (200) feet to a stake and maple tree; thence in a Southerly direction and parallel to the said Pine Road One Hundred Thirteen (113) feet to a stake and a maple tree; thence in a Westerly direction Two Hundred (200) feet to the center line of the said Pine Road; thence in a Northwesterly direction along the said center line One Hundred Thirteen (113) feet to the place of BEGINNING. THE SAID LOT has a frontage of One Hundred Thirteen (113) feet pm the Pine Road and extends in equal width Two Hundred (200) feet to the East; BEING also bounded on the North, East and South by land of the Grantors herein, bounded on the West by the Pine Road. Having thereon erected a dwelling house. TO BE SOLD AS THE PROPERTY OF KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED, ON JUDGMENT ENTERED AT THE ABOVENUMBERAND TERM. Christo . Rice, Attornepy IeDENo. 90916 Esquire ?�� Q �;m60, Aaron S. Haynes, Esquire/9Attorney I.D. No. 307746 C(I/y���A 1 s MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLL*'NS Y� q O JN MARTSON LAW OFFICES A 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 2720 CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, . N THEIR CAPACITIES AS HEIRS OF : SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, : ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, : Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1st Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 102 Airport Road, Shippensburg, Cumberland County, Pennsylvania, 17257, and as further described in Exhibit "A" attached hereto: 1. Name and address of owner(s) or reputed owner(s): Unknown Heirs, Successors Assigns, and all Persons, Firms or Interest from or Under Simon E. Alleman, Deceased 102 Airport Road Shippensburg, PA 17257 2. Name and address of defendant(s) in the judgment: Unknown Heirs, Successors Assigns, and all Persons, Firms or 4 Interest from or Under Simon E. Alleman, Deceased 102 Airport Road Shippensburg, PA 17257 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Members 1' Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Cumberland County Tax Claims Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 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: 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: None 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. 4904 relating to unsworn falsification to authorities. Date: 7 - 31 1 MARTSON LAW OFFICES By: 4 S . Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Members 15t Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2014-2720 Parcel No: 39-34-2409-010 ALL THAT CERTAIN tract of land and the improvements thereon situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Pine Road leading from Walnut Bottom Road to Cleversburg, said point being Fifty-one (51) feet Southeast from the Southeast corner of a lot formerly deeded to Paul L. Kelley; thence in an Easterly direction at right angles to the Pine Road Two Hundred (200) feet to a stake and maple tree; thence in a Southerly direction and parallel to the said Pine Road One Hundred Thirteen (113) feet to a stake and a maple tree; thence in a Westerly direction Two Hundred (200) feet to the center line of the said Pine Road; thence in a Northwesterly direction along the said center line One Hundred Thirteen (113) feet to the place of BEGINNING. THE SAID LOT has a frontage of One Hundred Thirteen (113) feet pm the Pine Road and extends in equal width Two Hundred (200) feet to the East; BEING also bounded on the North, East and South by land of the Grantors herein, bounded on the West by the Pine Road. Having thereon erected a dwelling house. TO BE SOLD AS THE PROPERTY OF KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. Christopher E. Rice, Esquire f. ,;_ Attorney I.D. No. 90916;EUGPRI:TH:Pli �OT�fiAaron S. Haynes, Esquire,Attorney I.D. No. 307746��'�� i1/f: 6 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAL$ RL A ND MARTSON LAW OFFICES PENNSYLVANIA ��1 Y 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 2720 CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, : IN THEIR CAPACITIES AS HEIRS OF : SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, : ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, : Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriff's Sale of Real Property will be held on December 3, 2014, by the Cumberland County Sheriff's Office, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED HERETO). THE LOCATION of the property to be sold is 102 Airport Road, Shippensburg, Pennsylvania 17257. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 2014-2720, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY are Unknown heirs, successors, assigns, and all persons, firms, or associations claiming right, title, or interest from or under Simon E. Alleman, Deceased. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held, sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Date: 7 3/-/ Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. 90916 Aaron S. Haynes, Esquire I.D. 307746 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1St Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2014-2720 Parcel No: 39-34-2409-010 ALL THAT CERTAIN tract of land and the improvements thereon situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Pine Road leading from Walnut Bottom Road to Cleversburg, said point being Fifty-one (51) feet Southeast from the Southeast corner of a lot formerly deeded to Paul L. Kelley; thence in an Easterly direction at right angles to the Pine Road Two Hundred (200) feet to a stake and maple tree; thence in a Southerly direction and parallel to the said Pine Road One Hundred Thirteen (113) feet to a stake and a maple tree; thence in a Westerly direction Two Hundred (200) feet to the center line of the said Pine Road; thence in a Northwesterly direction along the said center line One Hundred Thirteen (113) feet to the place of BEGINNING. THE SAID LOT has a frontage of One Hundred Thirteen (113) feet pm the Pine Road and extends in equal width Two Hundred (200) feet to the East; BEING also bounded on the North, East and South by land of the Grantors herein, bounded on the West by the Pine Road. Having thereon erected a dwelling house. TO BE SOLD AS THE PROPERTY OF KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net MEMBERS 1sT FEDERAL CREDIT UNION Vs. NO 2014-2720 Civil Term CIVIL ACTION — LAW KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSICIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $56,781.12 L.L.: $.50 Interest AS OF SEPTEMBER 13, 2013. - $3,468.67 INTEREST ACCRUING AT A $10.48 PER DAY FROM 09/13/13 - TO BE DETERMINED BY THE CUMBERLAND COUNTY SHERIFF Atty's Comm:$5,600.00 Atty Paid: $148.75 Plaintiff Paid: Date: 8'/19.1-61 (Seal) Due Prothy: $2.25 Other Costs: LATE FEES - $199.20 David D. Buell, Proth1notary By: Deputy REQUESTING PARTY: Name: Christopher E. Rice, Esq. Address: MARTSON LAW OFFICES, Ten East High Street, Carlisle, PA 17013-3093 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 90916 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff �.. OTTO GILROY & FALLER` .i SLP 23 PH 12: CUA- ERLAND COU1 PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - 2720 KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF : SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, : ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, : Defendants AFFIDAVIT OF NOTIFICATION CIVIL TERM Christopher E. Rice, Esquire, attorney for Plaintiff, first having been duly affirmed according to law, deposes and says that on or about the 10`h day of September, 2014, he notified all lien creditors and any other parties listed in the 3129.1 affidavit of the sheriff's sale in the above - captioned action. Notification was sent by regular mail. The 3817 certificates of mailing are attached hereto. Affirmed and subscribed to before me this ,23,t12, day of Cez,. rz_ , 2014. Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 15` Federal Credit Union and any information obtained will be used for that purpose. UNITEDSTATES 1E1,POSTAL SERVICES Certificate O, Mailinc This Certificate of Malting provides evidence that mail has been presented to USPS® for mama, , 01 N This form may be used for domestic and international mail. CI d C ro c— ao o Nr o 0 From: To: MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Members 1st Federal Credit Union 5000 Louise Drive PS Form 3817. April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate ; , oi N POSTAL SERVICES Maili„- •r- O This Certificate of Meiling provides evidence that mail has been presented to USPS® for ma - This form may be used for domestic and international mall. From: To: T"'" a, - O. N 9 CD ZS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse S uare Old Courthouse, Room 106 Carlisle, PA 17013 PS Form 3817. April 2007 PSN 7530-02-000-9065 F :TILES Clients \ 11470 Members Ist111470 Current \ 11470.291 Allman 11470.291.proof of publication.2.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ED-0FFICE CF THE PROTHONOTAR`f 20 NOV -3 P1112: 10 CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - 2720 CIVIL TERM KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, : IN THEIR CAPACITIES AS HEIRS OF : SIMON E. ALLEMAN, DECEASED, and : UNKNOWN HEIRS, SUCCESSORS, : ASSIGNS, AND ALL PERSONS, FIRMS : OR ASSOCIATIONS CLAIMING RIGHT, : TITLE OR INTEREST FROM OR UNDER : SIMON E. ALLEMAN, DECEASED, : Defendants AFFIDAVIT OF SERVICE BY PUBLICATION COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND In accordance with the Order dated August 14, 2014, authorizing service of Notice of Sheriff's Sale by publication on Defendants Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Simon E. Alleman, deceased. I hereby certify that Defendants Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Simon E. Alleman, deceased, were served with the Notice of Sheriff's Sale for the property located at 102 Airport Road, Shippensburg, Cumberland County, PA 17257. The Notice of Sheriff s Sale for the property located at 102 Airport Road, Shippensburg, Cumberland County, PA 17257, was published one time in The Sentinel on October 23, 2014, and one time in the Cumberland Law Journal on September 5, 2014. Attached are the Proofs of Publication of Notice. Sworn to and subscribed before me this (5/AV day October, 2014. N O./We° ublic MARTSON LAW OFFICES By 6 y� Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 Ten East High Street Carlisle, PA 17013 (717) 243-3341 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public CarltSle aoro, Cumberland County tormrNssion Expires Aug. 18, 2015 MEMBER, TION OF NOTARIES PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Cathy Clark, Advertising Director, 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 October 23, 2014. COPY OF NOTICE OF PUBLICATION la rney,d; Isle, 16:46; 15. Josh Coakley, Twin V 16; 16. Justin Yurchak, Hempfield,1ICE Josh Higgins, Cumberland Valley, 1 mmon Pleas of Jesse Mills, Governor Mifflin, 16:5c, Pennsylvania e Becker, Ephrata, 16:50; 20. Ben S �h1t Westem, 16:52, 24. Joe Dea isle, 17:05; 25. Morgan Cupp, M 4-2720 jrg,17:06; 28. Jared Kearns, Nor, 7; 32. Nate Mills, Red land, 17 sko Mechanicsburg : r Cumberland Valley, 1ya Soliman, Cumberland Valley, 1 Tomo i5bu 11772 AL CREDIT UNION nom' KEVIN E. ALLEMAN Caleb SchuI0.CumberfandValley, 1. CAPACITIES AS HEIRS OF T omasNkewicz Mechan'raburg 1 NKNOWN HEIRS, SUCCESSORS, 1 Brandin Dyrtre, CarlWe, 17:34; 61R ASSOCIATIONS CLAIMING RIGHT, gill,CumberlandValley, 17:39;84,M SIMON E. ALLEMAN, DECEASED jbno, Carlisle, 17:56; 92. lan M oretz, f, 18:03; 100. Bryan Bergeson, Red IE OF REAL PROPERTY 10; 108. Riley Park, Cumberland V 16;111. Paul Fete, Northern, 18:18;1 de Romberger, Red Land, 18:18;12e kaSanto, Northern, -18:25; l.25.Andre!;S, AND ALL PERSONS, FIRMS OR ASSOCIATIONS 1, MechaniCSburg,18:25;1.38. NateS'R UNDER SIMON E. ALLEMAN, DECEASED irthem, 18:31;145. Ben Green, Red Airport Road .33;153. Aidan Moretz, Cedar Cfiff,1 417257 30. Jack Newton,Cadisle,18:52;18L I , Cumberland County, ennsylvania ble, Carlisle, 18:53; 193. Iach Ackerb10 rppensburg, 19:03; 194. Brendon Ct,91e family residence ippensburg 1903; 204. Liam She of Simon E. Alleman hanresburg 19:09; 209. Kyle Wa), SHIPPENSBURG PA 17257 lechanksburg 19:12; 220. Ben Ankle Sheriff's Sale on Whem,1921;223.Hunter Kent, Shi mberland County Courthouse rg 19:23; 235. Sean Braet, Shippensple, PA 17013, to enforce the :31 240. Cody Reday, Mechanics'obtained by .36: 242. Luke Lyman, Shippen:.FFItreetCESstthe above premises. :40; 243. Ben Nye, Shippensburg.1f.12 5L Matt Simmons, Northern, 19:517013 times Hippensteel, Northern, 20:0(341 hawn Neff, Red Land, 20:06; 276.!-Dlaintiff intar (ti'1'10' 2W) Thome "In' Affiant further deposes that he/sheds 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 arr.irue. Sworn to and subscribed before me this i3rd dal No1a} My commission expires: y Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M. Holtry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYLVAV'f• cc^ f*'r1�: •:'TARIES 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA • COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, 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 September 5, 2014 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. sa Marie Coyne, Edior SWORN TO AND SUBSCRIBED before me this 5 day of September, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.. CUMBERLAND CNTY My Commission Expires Apr 28, 2018 • T • a CUMBERLAND LAW JOURNAL NOTICE MARTSON LAW OFFICES Attorneys for Plaintiff 10 East High Street Carlisle, PA 17013 (717) 243-3341 NO.: 2014-2720 Sept. 5 In the Court of Common Pleas of Cumberland County, Pennsylvania MEMBERS 1ST FEDERAL CREDIT UNION vs. KENNETH E. ALLEMAN, KEVIN E. ALLEMAN and RICK L. ALLEMAN, IN THEIR CAPACITIES AS HEIRS OF SIMON E. ALLEMAN, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR AS- SOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SIMON E. ALLEMAN, DECEASED Being Premises: 102 Airport Road, Shippensburg, PA 17257. Being in Southampton Township, Cumberland County, Commonwealth of Pennsylvania, 39-34-2409-010. Improvements consist of a single family residence. Sold as the property of the Estate of Simon E. Alleman. Your real estate at 102 AIRPORT ROAD, SHIPPENSBURG, PA 17257 is scheduled to be sold at the Sheriff's Sale on December 3, 2014 at 10:00 a.m., at the Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $56,781.12 obtained by MEMBERS 1ST FEDERAL CREDIT UNION against the above premises.