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HomeMy WebLinkAbout05-5899RONALD J. NYE, JR., Plaintiff V. AMY JO NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. OE - SM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS Clu t L, 7 -4--J rA YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office, Cumberland County Courthouse, Cumberland, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 RONALD J. NYE, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW n f 7 : NO. OS - Slit' i ?i u ?L l AMY JO NYE, Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, RONALD J. NYE, JR., by and through his attorney, ROBERT B. LIEBERMAN, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, AMY JO NYE, upon the grounds hereinafter setforth: Plaintiff is RONALD J. NYE, JR., an adult individual, residing at 1921 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania. Defendant is AMY JO NYE, an adult individual, residing at 1024 Foxcroft Avenue, Wormleysburg, Cumberland County, Pennsylvania. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 5, 2002 in Camp Hill, Cumberland County, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of United States of America. 7. The Defendant is not a member of the Armed Services of the United States. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that he may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the marriage is irretrievably broken. 10. Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff, RONALD J. NYE, JR., respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to the Divorce Code. Respectfully submitted, DATED: Robert B. Lieberman, Esquire 500 N. Third Street, 12`h Floor P.O. 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct based upon my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. DATED: R nal J. Nye., Jr., Plaintiff ? ? ,? .? ? 5 ? -? r4?, rl c.> 7 . . ?? RONALD J. NYE, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW NO. 05-5899 CIVIL TERM AMY JO NYE, Defendant IN DIVORCE PRAECIPE TO REINSTATE TO THE PROTHONOTARY: On behalf of Plaintiff, RONALD J. NYE, JR., please reinstate the Complaint in Divorce filed to the above number and term. 1230- os- Date Robert B. Lieberman, Esquire 500 North Third Street, 12`h Fl. Harrisburg, PA 17101 (717)236-1485 Attorney for Plaintiff z; r? c? _a; -, i o _ -+ 1"r'1 _ ?7 ? ?? ?..y 'i' ' _ .`?? ?. .. ?'? ( 17 ?)1 ?r '? RONALD J. NYE, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO. 05-5899 CIVIL TERM AMY JO NYE, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: That on November 14, 2005, a Complaint in Divorce was filed on behalf of Plaintiff and against Defendant in the above case. That on January 25, 2006, I forward by certified mail, return receipt requested, a certified copy of the Complaint in Divorce to Defendant, AMY JO NYE, 1024 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania. That the aforesaid copy of the Complaint in Divorce sent to Defendant, AMY JO NYE, was delivered on January 28, 2006 as evidenced by the return receipt card signed by AMY JO NYE and attached hereto. 4. That to the best of my information and belief the signature on the return receipt card is, in fact, the signature of Defendant, AMY JO NYE. SWORN TO and subscribed before me this (s ` day of Ei.d+ug2y 2006. N?t ry Public ! ) My Commission Expires: ?OMMONWEAUr, OF PENNSYLVANIA RIAL SEAL CHERYL LNOTAGUSON, Notary Pubk Cky of Hmeatimg, Dau416, County My Commission F"+es 208 v . C13 m Ir na i 4 M Postage $ p Georo'd Fee a 0 , O Return Receipt Feo (Endorsement Regwred t 0 Restricted Delivery Fee O (Endorsement Required) t Total Postage & Fees $ Q o e _. 0 M _t T D A N o nt ?' a n " 1DaI4 F?xcro _ p YW, _ Postmark Here "IV's f`]DII ROBERT B. LIEBERMAN, Esquire Attorney for Plaintiff N N yy o S 0 ° W = i }$p T Y I? S C3 0 ru iii 0 0 0 0 0 O W ti I ? v _71 n ca RONALD J. NYE, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5899 - CIVIL TERM AMY JO NYE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 14, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATED: S- ?4 R A J. e, Jr., Plaintiff := RONALD J. NYE, JR., Plaintiff V. AMY JO NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5899 - CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DATED:-S-1 11 106 /, 6,- R6nd1d J. ye, r., Plaintiff c-? 0 -n tv r? a :Ti -: co RONALD J. NYE, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5899 - CIVIL TERM AMY JO NYE, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 14, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATED: (0 19'0(0 Amy Jo Nye, Defendant RONALD J. NYE, JR., Plaintiff V. AMY JO NYE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5899 - CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. DATED: to-k"t-go t to Amy Jo Nye, (jj (5 Defendant RONALD J. NYE, JR., Plaintiff V. AMY JO NYE, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 05-5899 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) (Strike out inapplicable section) 2. Date and manner of Complaint: Certified Mail on January 28. 2006 as evidenced by an Affidavit of Service filed in the Prothonotary's Office of Cumberland County on February 3, 2006. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: by plaintiff May 11, 2006: by defendant June 19, 2006. b.(1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: No claims raised-NONE 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: b. Date plaintiffs Waiver of Notice in 3301 (c) was filed with the Prothonotary: May 12, 2006 Date defendant's Waver of Notice in 3301 (c) was filed with the Prothonotary: June 23, &iCobeWB Liebe q Attorney for Plaintiff _?> ?? _? ? ; . ,CJ l _i .< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF 144 PENNA. RONALD J. NYE, JR., T Plaintiff VERSUS AMY JO NYE Defendant N O. 05-5899 Civil Term DECREE IN DIVORCE AND NOW, .J 2006 , IT IS ORDERED AND DECREED THAT RONALD J. NYE, JR. , PLAINTIFF, AND ANY JO NYE -,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY /COURy: ATTEST: ,P A9src J. ROTHONOTARY ?o L 46V -70V Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. ELWOOD L. WEAVER ESTHER F. WEAVER Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5899 CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to ELWOOD L. WEAVER & ESTHER F. WEAVER on APRIL 12, 2007 at 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241 in accordance with the Order of Court dated NOVEMBER 16, 2006. The property was posted on APRIL 17, 2007. Publication was advertised in THE SENTINEL on JUNE 11, 2007 & in CUMBERLAND LAW JOURNAL on JUNE 15, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN LLINAN & SCHMIEG, LLP By: ?N'&L G. SCHMIE ESQUIRE Dated: July 5, 2007 COUNTRYWIDE HOME LOANS, INC. PLAINTIFF V. ELWOOD L. WEAVER ESTHER F. WEAVER DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5899 CIVIL ORDER OF COURT AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiffs Motion for Service Pursuant to Special Order of Court under Pa.R.C.P. 430(x) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendants, Elwood L. Weaver and Esther F. Weaver, have been unsuccessful, Plaintiffs Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint in Mortgage Foreclosure upon Defendants, Elwood L. Weaver and Esther F. Weaver by posting a copy of the Complaint upon the premises, 227 Southside Drive, Newville, PA 17241; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendants' last known address at 227 Southside Drive, Newville, PA 17241; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; 4. All further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known addresses and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendants, Elwood L. Weaver and Esther F. Weaver by sending copies of same to Defendants' last known address by certified and regular mail, by posting the premises and by publication to include the notice as prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania. By the Court, M. L. Ebert, Jr., J. Daniel G. Schmleg, Esquire Attorney for Plaintiff Cumberland County Sheriff bas TM* t FROM RECORD Nd, ( u?o >lat of seta cam. r car!. Pa Irv AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) ELWOOD L. WEAVER ESTHER F. WEAVER SERVE: *** PLEASE POST THE MORTGAGED PREMISES WITH THE HANDBILL OF SALE *** 227 SOUTHSIDE DRIVE NEWVILLE, PA 17241 SERVED CUMBERLAND COUNTY No. 06-5899 CIVIL ACCT. #141777 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 Served and made known to F-{W%-A t- - ? F- ?L w F . Weave Y , Defendant, on the _ day of , L , 2007, at (? 13?. o'clo4-.m., at _ 2?-I SDU-S Assae IV% ; NeyWk (1Q , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defend (s)C's Acompany. !Other: 1P Pr e-W tce.5 W A V1I Dale Description: Age Height Weight Race Sex Other I, Rp Q A-tn A fS I,L a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. swom-to and subK 3g80? ' By: 1S,C RVICE AT LEAST 3 TIMES. INDI D ATES & TIMES OF SERVICE ATTEMPTED. 3 or New Jersey eY NOT SERVED h? r n UlA E. HARRIS On the on 'gig dune 16,200a , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1$` Attempt: Time: Vacant 2°d Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 /'3 '219- PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tune 11, 2007 COPY OF NOTICE OF PUBLICATION vow w ' • ?nn,? ' . ' Affiant further deposes that he/she is not COi1NTRYWtOE HOf? l,t3i?t?, H+tC. interested in the subject matter of the ry F,, aforesaid notice or advertisement, and that '*0: ELWOWL. WEAVER ESTHER F. WEAVER •NOTIM? GF**R %SALE00REALPA4PEA'fY' f TAi/Si'iNOTICE that the MW esift taalllad st=AWhW f?EVVV 17241 is ol Ail- ib 1D - 5,. isma f tpbrdla iotaroldbMrty W.tftltaMtedby COU?YWIDE f40Wt;QllN& WIS. ??MltStfdMl*' AULTHAT GMTAfSN*a"laadaftapinPenTowrf0*CfMn1 A:Cot",. Pennsylvania, bounds bi d dellNtirld se follows: BEGINN at & s Mca Road No. 340 (also kn rn#+Farm Nast rrndScn9he?tfenNra?RlheatieCled --h tbl elan Hof LLOW itlenCe aid a", Saab 0 r1ops" 14nin des d13i?N! WNB???asyw??lssemrtuteaE?st?oQ??ahe OOMTM"G.IIx! Awa, a'Wrg Vie. 9E,1?10 Locl?lo. a al thrlPMwII Ot.tWleot7'twmrwt?: ?lrcoi+Ndlafarorfll?tOS Ot RsWdaraEDMds forCW6WWrditU*ti; So jif Peoe%14f TRsf rMA.? i; fY qf, C t l 9 M>Mrop '' t II io gE l ?' 0 ! tt ?' a o a VL t MM b N E> ®e-ir k ° k 1. ai q"00 o G-1 l l c 6`d oil 0114, 4 0 _..--- _,. 1 all allegations in the foregoing statement as to time, place and character of publication are true. 46um QJ Sworn to and subscribed before me this 12th, day of Tune, 2007. 0411 14 b. A *0 ) (k a ?X& Notary Pubic My commission expires: 7 f i/w COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chfistim L. Wolfe, Notary Public Cadisie Boro, Cumberland C=* My Ca Twission Expires Sept 1, 2008 Member, Pennsylvania 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 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 June 15, 2007 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. Ci?Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 15 day of June, 2007 Notary WNW SM ONORM A COLL" CANUKI ?^CtN? y? ?ry SOW Apr H. I.10 CUMBERLAND LAW JOURNAL June 15, 22, 29 NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania CIVIL ACTION-LAW NO. 06-5899 CIVIL COUNTRYWIDE HOME LOANS, INC. VS. ELWOOD L. WEAVER ESTHER F. WEAVER NOTICE TO: ELWOOD L. WEAVER ESTHER F. WEAVER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real estate located at 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednes- day, SEPTEMBER 5, 2007 at 10:00 A.M., Cumberland County Court- house, South Hanover Street, Car- lisle, PA 17013, to enforce the court judgment of $72,761.66, obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee). ALL THAT CERTAIN tract of land situate in Penn Township, Cumber- land County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the cen- ter of Township Road No. 349 (also known as Farm Road), on the dividing line between Lot Nos. 2 and 3 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 206.84 feet to an iron pin; thence by lands now or formerly of Thomas E. Meals, South 68 degrees 26 minutes West 100 feet to an iron pin; thence by the dividing line between Lot Nos. 1 and 2 on said Plan of Lots, North 7 degrees 30 minutes West 189.32 feet to a spike in the center of Township Road No. 349 aforesaid; thence by the center of said Road, North 57 degrees 50 minutes East 100 feet to the Place of BEGINNING. CONTAINING .372 Acres, more or less. BEING Lot No. 2 of the Plan of Lots of Thomas E. Meals, as recorded in the Office of Recorder of Deeds for Cumberland County in Plan Book 23, page 112. TRACT NO. 2 ALL THAT CERTAIN tract of land situate in Penn Township, Cumber- land County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin, the Southeastern corner of land now or formerly of Roger L. Markley, and on the dividing line between Lots Nos. 3 and 4 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 9 degrees 11 minutes 50 seconds East 58.65 feet to a point; thence by the same, South 85 degrees 25 minutes 51 seconds West 195.99 feet to an iron pin; thence by land of Dallas R. Wilson, North 68 degrees 26 minutes East 100 feet to an iron pin, the Southwestern corner of said other land now or formerly of Roger L. Markley, North 68 degrees 26 minutes East 100 feet to the Place of BEGINNING. CONTAINING .132 Acres, more or less. BEING Lot No. 4 on the Subdivi- sion Plan of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 39, page 68. BEING THE SAME PREMISES which Roger L. Markley, single man, by his deed dated September 25, 2002, and recorded October 1, 2002, in the Office of the Recorder of Deeds for Cumberland County in Deed Book 13 CUMBERLAND LAW JOURNAL 253, page 4166, granted and con- veyed to Elwood Weaver and Esther Weaver, husband and wife. Being Premises 227 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. Improvements consist of residen- tial property. Sold as the property of ELWOOD L. WEAVER & ESTHER F. WEAV- ER. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sher- iff on OCTOBER 5, 2007, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 June 15 14 t-? 0 '; ? -I"1 ?...." t ii, (t I ?'?? . . ? ?S r.. . l . . i:... ? ? ; ...- ? 1 l.,/` ?.`t [.' i?__,, ? tom.. !1 - N 1MI f_? ?-? S J J j !.FS :.J -'G ?- rncu �°r Cn M PHELAN HALLINAN, LLP . ' Lauren R. Tabas,Esquire,I.D.No. 93337 D° ATTORNEY FOR PLAINTIFF ru Q One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard ry Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas 7105 Corporate Drive Plano, TX 75024 Civil Division Plaintiff vs. CUMBERLAND County Elwood L. Weaver No. 06-5899 Civil Esther F. Weaver 227 Southside Drive Newville, PA 17241 Defendants CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify true and correct copies of the Rule to Show Cause for Plaintiffs Motion to Transfer Vehicle Title, were served by mail on Defendants and interested parties on the date listed below. Elwood L. Weaver Roger L. Markley Esther F. Weaver Charlotte Markley 227 Southside Drive R D 1 Box 220B Newville, PA 17241 Newville, PA 17241 Roger L. Markley Charlotte Markley 20 Maizefield Drive Shippensburg, PA 17257 jl*n—R. N LLP -- -- Date: rJ Tabas, squire, I.D.r93337 Attorney for Plaintiff 141777