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Home My WebLink About95-06445 '~-i:""">, """,." , ........,,> ~......:.._i,...,... ..f>,. ':"__, " ~ - " " -, It ~~-, L~3' _:_~ ~~:~ rR_.U_ 'P'O i " . ~ WANDA L. BARBER, Plalntitf : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : OOMESTIC RELATIONS SECTION v. : CIVIL ACTION - SUPPORT : NO, 597 OF 1989 9(;- t>fll.f 1<<.ItMII'1 DALE S, BARBER, Defendant PRAECIPE TO TIlE PROTHONOTARY: Pursuant toPa.R.C.P. 1910.23-1, pieueenterJudjpnent onthearrearsge of child support due from Dale S. Barber, OblllJor, Attached is a certified copy of the arrearsge balance ftom the Domestic Relstiona Section of the Cumberland County Court ofConunon Pleal, In too llI1DUIlt of $10,212.03," Respectfully submitted, DALEY LAW OFFICES Date: ')1('1 ~/j(>" tr;: '~(l~ hieen Carey Daley, Eire Attomey No. 30078 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 // f ~)' :~ .) /) By: Attomey for Plalntitf . 'fj) {'cJ'IuH-{..;r1,t.;,.." At~1L h~tt;' 1/. /II ?5 i'"~ ..0 ~ \r.1"i -1'('\ ~ . -:)Jt f f. ~ i M ?:; ~ It) ~- .. . J .-.'( '" ~ 0'" !l. ~ .. ~ - t):'=<' P- Ii: l."~~ ~.l \jl., ~} ..,..... 'J J\ ,.) ea ,.., :,'~'l . - (~~. lr- J-- cy q - -- l\! <-0 , u) II't "" hi 11:jU- r~ I.:J ""';. ~ \5 V1 :5 J en u :j .J ~ ',J N '> J\ -- 'H.:t/II 4HfoI adl0917.Id 9~P.Il7d9l1 9tH 'H.:t/II lCllpul OJ. '~Glt JO G9ldoo .In01 ATddns '~GTT A~TI7UOS.Iad A4~6u9T J1 '(6ZT( 'ON 'd'J'UPdl dT4S.I9UMO 10 ~T^I7PT1JP 10 Adoo pUP TI7UT6T.I0 UP pUP G~uawa^O.IdwT 6UlpnTOUl UOl~dT.IoGap JO saTdoa KlG ATddns 'A~.IadO.Id tp9.I J1 IB9~ON . ' . .._i.... ALL thole certain lots, trlcts or parcels orland situate in East Pennaboro Township, Cumberland County, PeMsylvanla, bounded and described II follows, to wit: Tract No.1: BEGINNING It I point on the westerly line of A1toona Avenue extended, at a distance of seven hundred seventy-nine and five tenths (779.5) feet measured In a southerly direction from the IOlIthwtl\ comer ofSUIMIeI'da1e-Wertzville ROld and A1toonl Avenue extended, It comer of other lands of the Oranteea; thence &Iona the center line of A1tooRl Avenue extended South fony-two (42) deareea Eut twenty-five (25) feet to I point; thence &Iona other lands of the Grantor South fifty-nine (59) depees twenty-two (22) minutes Weattwo hundred (200) feet to I point; thence by the aune North forty-two (42) degrees West twenty-five (25) feet to a point on the line of lands of the Oranteea: thence by said lands of the Grantees North fifty-nine (59) degrees twenty-two (22) minutes But two hundred (200) feet to the point or place of BEGINNING. Tract No.2: BEGINNING It I point on the westerly line of A1toona Avenue extended, It I distance of six hundred seventy-nine and five tenths (679.5) feet meuured in a southerly direction from the IIDUthweet comer ofSummerdale-Wertzville Road and A1tooRl Avenue extended; thence &Iona the 0IlUr line of AltooRl Avenue extended South fony-two (42) degrees Eut one hundred (100) feet to I point: thence &Iona other lands of the Grantors South fifty-nine (59) dearees twenty-two (22) minutes West two hundred (200) feet to I point: thence by the aune Nonh forty-two (42) degrees West one hundred (100) feet to I point: thence by the same Nonh fifty-nine (59) degrees twenty-two (22) minutes But two hundred (200) feet to I point, the place of BEGINNING. ".- ~~'r:"+~'-':/; ~ ~~~-, -- ~. ~ BEING the aune premiaes which Barbarl McCormick, a single woman, by deed dlted October 2, 1984, and recorded October 19, 1984,1n the Office of the Recorder of Deeds In and for Cumberland County, granted and conveyed unto D&le S. Barber and Wandl L. Barber, his wife. TO BE SOLD u the property of D&le S. Barber under Cumberland County Judgement No. 597 of 1989. NonCE Is further given to &II parties In interest and claimants. Schedule of proposed dlatributloRl wiD be tUed with the Sheriff of Cumberland County on . 1996, and dlltributioRl will be made In Iccordance with said schedule unless exceptions are filed thereto within ten (10) days thereafter. WANDA L. BARBER, PI&lntlft' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION v. DALE S. BARBER, : CIVIL ACTION - SHPPOR1= '~l'T, &4\ ') : NO. 59'7 Qf 1989 Defendant AIIIIIDA VIT PURSUANT TO RULE 3129,1 Wanda L. Barber, Plalntllfln the above action, sell fonh IS of the dlte of the prleclpe for the writ of execution wu filed the following Information concerning the real property located It 533 Nonh Enoll Drive, Eut PeMaboro Township, Cumberland County, PeMsylvanll: ALL thoae certain lotI, tracts or parcels orland situate in East PeMsboro Township, Cumberland County, PeMsylvania, bounded and described as follows, to wit: Tract No.1: BEGINNING It I point on the westerly line of A1toona Avenue extended, It I distance of seven hundred seventy-nine and five tenths (779.5) feet measured In a southerly direction from the southwest corner of Summerdale-Wertzvllle Road and A1tOORl Avenue extended, at corner of other lands ofthe Grantees; thence alona the center line of A1tooRl Avenue extended South forty-two (42) degrees EIRttwenty- five (25) feet to I point; thence &Illna other lands ofthe Grantor South fifty-nine (59) detp'eea twenty-two (22) minutes West two hundred (200) feet to a point; thence by the aame Nonh forty-two (42) degrees West twenty-five (25) feet to a point on the llne of lands of the Grantees: thence by said lands of the Grantees North fifty-nine (59) degrees twenty-two (22) minutes Eaattwo hundred (200) feet to the point or pllce of BEGIN NINO. . . .,k"~'" ,., .....,..,'~,-''';'';., .... Tract No.2: BEGINNING It I point on the westerly line of AltooRl Avenue extended, It I dllIIIIce of six hundred seventy-nine and five tenthl (679.5) feet measured In I southerly direction from the southwest comer ofSummerd&le-Wertzvllle Road and A\toonI AVIIIIe ex\eIIded; thence &Iona the center Uno of AltooRl Avenue extended South forty-two (42) depeea But one hundred (100) feet to I point: thence alona other lands of the Grantors South fifty-nine (59) depel twenty-two (22) minutes West two hundred (200) feet to I point; thence by the aame North forty-two (42) __ West one hundred (100) feet to I point; thence by the aame Nonh fifty-nine (59) depeea twenty-two (22) minutes But two hundred (200) feet to I point, the place of BEGINNING. 1. Name and addrou of owners or reputed owners: Address 533 Nonh Enoll Drive Enol.. Pennay1vanll 17025 \30 Eut Cumberland Enola, PeMsylvanll 17025 2. Name and address of Defendant In the judgment: NIIDI D&le S. Barber Wanda L. Barber NIIIIC Addrell 533 North Enoll Drive Enola, pennsylvanll 17025 3. Name and addreuofevery jlJdsment creditor whoaejudgmentlsl record Uen on the D&le S. Barber real property to be sold: NIIIIC ,'\ddrell Wandl L. Barber 130 East Cumberland Enola, Pennsylvanll 17025 - , 4. Name and address of the lut recorded holder of every mortgage of record: lnmc Address Dauphin Deposit Bank and Trust Company Routes 11 " 15 Enoll, PenRlylvanll 17025 5. Name and address of every other person who has any record lien on the property: lnmc Address 6. Name and addreu of every other person who has any record Interest In the property and whoae Interest may be affected by the we: lnmc Address 7. Name and address ofevery other person of whom the Plslntlft'has knowledge who has any Interest In the property which may be affected by the sale: lnmc Addre.. 1 verilY that the stltements made In this affidlvit are true and correct to the best of my pllraonll knowledle or Information and belief. 1 understlnd that false statements herein are made aubjectto the penalties of 18 PI.C.S. fi4904 relstlngto unsworn falaificatlon to authoritlea. Dlte: 1(~/I?~h1- , By: } / )et.Ltd . ~kL WANDA L. B~ER ../: ; .h;5 !4-lltt_'lL-t'tj 7 ,f '{5' f- WANDA L. BARBER, Plslntill7Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 95-6445 : 597 SUPPORT 1989 : CIVIL ACTION. LAW DALE S. BARBER, DefendantlPetitloner PETITION TO OPEN JUDGMENT. STAY SHERIFF'S SALE AND FOR OTHER RELIEF TO THE HONORABLE THE JUDGES OF THE SAID COURT: The Petition of Dale S. Barber, respectfully represents: 1. He lIthe Defendlnt in the above entitled CIUse. 2. Child Support arrearage a accumulated at 579 suppon 1989 were reduced to judgment against Petitioner in the amount ofS10,212.03 on or about December of 1995. 3. The Petitioner filed a Petition to Remit Child Support Arrearages on or Ibout November 3, 1995 In the case docketed at 597 Support 1989 and NO. 409-Civil-I992. A copy of aa1d Petition II alllched hereto and incorporated herein by reference II Exhibit" A". 4. On or about December 13, 1995, the Respondent filed a Prleclpe forWrit of Execution It NO.95-6445 Civil Term to enforce the child support arrelrages purauantto the Judgment previously entered. A copy of said Writ Is auached hereto and lncorporlted herein by ref(lrence u Exhibit "B". 5. On December 21, 1995, the Honorable Edgar B. Blyley entered an Order remllllng Child Support arrearages In the amount of $3,222.00 at NO. 597 Support 1989. A copy of slid Order is alllched hereto and Incorporated herein by reference as Exhibit "C". 6. Counsel for Petitioner has repeatedly requested that the Respondent conform her judgment to an amount consiatent with the Order of CD un dated December 21,1995. Reapondent has fliled to do so. VERlFI~ TION I, D&le Barber, the undersigned, do hereby verilY that the statements made in the foretIoIl1IIlnatrument are true and correct to the best of my knowledge, Information and belief. I undentand that statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, rellllna to unsworn falsification to luthorities. s,..~a.A:ofg~ D&le Barber Dlte: J - s-- .." .. ~ /t":J-V- WANDA L. BARBER, Plalntlft7Respondent : IN ruE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1405 CIVIL 1992 : 597 SUPPORT 1989 : CIVIL ACTION. LAW DALE S. BARBER, . DefendantlPclitloner : IN DIVORCE/SUPPORT RULE TO snow CAUSE AND NOW, to wit this -3 ~ day of :1J/l1A1!#tI/./AJ , 1995, upon conslde"'t.lon of the fbregolng Petition and on motion of Keith D. DeArmond, Esquire. Illomey for Petitioner, I rule Is granted upon the Respondent, , to show cause why the relief requested by the Petitioner should not be grlnted. Rule returnable at a hearing on the 1/ ""- day of ~tA , 1995, in Courtroom 1#..1f...lt ~.L M. '. BY THE COURT, I $I ~ 'f<<-' tJ ,dllAt+ j TRUE COPY FROM RECORD In TestImony WIItI'lIOf, I hire unto.". ftMd IIId I su, of said Court It ClrfIIM M ~ ~"'~ . I.' '5'" ~ < ' , L ry , , . WRIT'OF EXECUTION and/or AnACHMENJ . .. COMMONWEALTH OF PENNSYLVANiA) NO. 95-6445 CIVIL Term COUNTY OF CUMBERLAND) CIVIL ACTION. LAW TO THE 6HERIFF OF Cumberland COUNTY: To slllsly the dtbl, Inlerest and costs due Wanda L. Uarber PLAINTIFF(S) lrom Dale B. BarberI 533 North Enola Drive, Enola. PI\ 17025 DEFENDANT(S) (I) You are directed 10 Idvy upon the properlY 01 the delendanl(s) and to sell Real Estate located 533 North 8nola Drive , Enola, 1'1\ 17025, as doscr.ibed in attached Legal Description. (2) You aro also directed to attach the property 01 the delendant(s) not levied upon In the possession 01 \ GARNISHEE(S) as follows: ..- Ind to not'y till gamlallle(l) thlt: (I) an aUachment has been Issued; (b) the gamlshee(s) Is/Ire enjoined from plying Iny debito or for tllllCCOlJnt of the defendant(s) and from delivering any property 01 the defendant(s) or olherwlse disposing thtreol : (3) Uproptrty 01 the defendant(s) not levied upon en subject to altachmenlls found Inthe possession 01 anyone other ' than I Rlmadgamllhee, you are dlrectedlo nolily hlnVher thai he/she has been added as a gamlshee and Is enjoined as above sIlled. Amount Due Interest AIlY'I Comm Ally Plld PlllnlHI PIId S 10.212.03 G 1.874.85 L.L. (; (; .50 1.00 % Due Prolhy Olher Cosls S 32.00 Dsle: Pecember 13-1-1995 ____ I.awrence E. Welker Prothonotary, Civil Division' by: _L~/uW( t2. JlldPal-"- Doputy REQUESTING PARTY: Nsme Kathleen carey Ilnl~..LEoq. Address: 1029 Bcenery pr.ive JlDLl'1oburg,-1'1\_ 17109 Attorney lor: Plaintiff - .---- Telephone: (717) 657-4795_________ Supreme Court 10 No. ---300JJL_____________ 597 SUPPORT 1989 Ratroactlva modification of arrearl,-No court ahall modify or ramlt any aupport obligation, on or after the date It Is due, axcapt with r..pact to any period during which thara I. pending a petition for modlflc.tlon. If a petition for modification was filed, modification may be applied to the period beginning on the date that notice of such petition was given, either directly or through the appropriate agent, to the obligee or, where the obligee was the petitioner, to the obligor, However, modification may be applied to an earll.r period If the petitioner wa. precluded from filing I p.tltlon for modification bV raa.dn of . "gnlflclnt phy.lcll or mlntl' dl.ablllty. misrepresentation of another party or other compalllng rea.on and If the petitioner, when no longer precluded, promptly flied a petition, (Emphasis added). In BanJlmln v, BenJamin, 408 Pa. Super. 320 (1991), the Superior Court stated that a: , trial court has no Jurisdiction to entertain a request for reduction In . arrearages for a period during which there Is no pending petition for modification, unless of course the circumstances fall within the enumerated exceptions to the statutory requirement, I.e., physical or mental disability, misrepresentation, or "other compelling reason,' 23 Pa.C.S. !i 4352(e). Defendant made no payments on his child support order after his accident In August, 1992. In January, 1993, plaintiff filed a petition to hold defendant In contempt. On March 18, 1993, following a hearing, this order was entered: 1. At this time, based on the Information In the record Involving defendant's Injuries Incurred In an automobile accident on August 21 [17J, 1992, we do not find him In contempt for his non-payment of the support order since that time. 2. If defendant does not provide a written report to his sJpport officer from a medical doctor within forty-five (45) days of this date, confirming his Inability to undertake any gainful employment because of Injuries related to the accident of August 21, 1992, another contempt oltatlon should be flied and a hearing scheduled. -2- '. 697 SUPPORT 1989 Retroactive modification of arreara,-No court aha II modify or remit any aupport obligation, on or alter the date It Is due, except with reapect to any period during which there la pending a petition for modification, If a petition for modification was filed, modification may be applied to the period beginning on the date that notice of such pelltlon was given, either directly or through the appropriate agent, to the obligee or, where the obligee was the petitioner, to the obligor, However, modification mlY be applied to an earlier perIod If the petitioner WI' precluded from filing a petition for modification by rea.on of a .Ignlllcant phyalca' or mental dl.ablllty, misrepresentation of another party or other comp.lllng rea.on and If the petitioner, when no longer precluded, promptly flied a petition, (Emphasis added). In Ben/amln v, Ben/amln, 408 Pa. Super. 320 (1991), the Superior Court stated that a: , trial court has no Jurisdiction to entertain a request for reduction In . arrearages for a period during which there Is no pending petition for modification, unless of course the circumstances fall within the enumerated exceptions to the statutory requirement, I.e., physical or mental disability, misrepresentation, or "other compelling reason." 23 Pa.C.S. 64352(e). Defendant made no payments on his child support order alter his accident In August, 1992. In January, 1993, plaintiff filed a petition to hold defendant In contempt. On March 18, 1993, following a hearing, this order was entered: 1. At this time, based on the Information In the record Involving defendant's Injuries Incurred In an automobile accident on August 21 [17], 1992, we do not find him In contempt for his non-payment of the support order since that time. 2. If defendant does not provide a written report to his support officer from a medical doctor within forty-five (45) days of this date, confirming his Inability to undertake any gainful employment because of Injuries related to the accident of August 21, 1992, another contempt citation should be filed and a hearing scheduled. -2. 697 SUPPORT 1989 3. Dellndant II prohibited Irom nlgotllllng any chick or chlckl Illuld In partial paymlnt or lull paymlnt 01 thl latlllment of any claim. arlllng out of thl Augult 21.1882 automobile accident without elthlr an agreement with plaintiff a. to thl amount to be applied Igalnlt thll order, or II thara la no Igre.ment, until a h.arlng II held belore thle court to determine how much Ihould ba applied Igllnlt thll order, (Emphasis added). After a hearing In August, 1993, on a second petition to hold defendant In contempt, the following order was entered on August 11: [t]here being a continuing dispute as to whether defendant has been and now Is able to work In light of Injuries he received In the motor vehicle accident on August 17, 1992, and there being an Insufficient record for us to resolve this issue, disposition Is deferred. An adequate medical record Involving either a deposition or medical evidence presented In court should be made before a contempt petition can be resolved. Plaintiff may seek an Independent medical examination 'of defendant or she may take the deposition of his physician with his consent or call his physician as a witness with his consent. If defendlnt does not give such consent, the matter shall be immediately rellsted lor a he~rlng. Another contempt hearing was held at the beginning of 1995. On January 5, the petition was dismissed based upon defendant's Inability to work and pay the support. It was noted In the order that counsel for defendant represented that, "[I]t Is anticipated that his client's accident suit will be listed for trial In this court the spring of 1995." The order sot forth, "This Court's order of March 18, 1993, protecting the Interest of Wanda L. Barber In any recovery that may be made by Dale S. Barber arising out of an automobile accident on August1?, 1992, shall remain In full'force and effect." After another hearing, this time In the divorce case of Wende L. Berber v, Oil. .3. 597 SUPPORT 1989 8. 81rber at 04005 Civil 1992, the following order was entered with respect to a $40,000 settlement of defendant's negligence suit arising out of his automobile accident of August 17, 1992: (1) Robert Mulderfg, Esquire [Barber's attomey], shall pay his attom~y fee of $13,333.33, docket court costs, and two outstanding health bills totalling $405. He shall pay to Wanda L. Barber, through her attorney, Kathleen Carey Daley, Esquire, the sum of $3,573.50 owed under the equitable distribution order In this case, piUS $403.80 Interest, for a total of $3,977.30. (2) Escrow Agent Mulderlg shall pay through the Probation Department the $2,265 In restitution owed by Dale S. Barber to Wanda L.. Barber on the outstanding criminal case. (3) Of the remaining amount In escrow, t7,5OO Ihlll be pa.ld by Escrow Agent Mulderlg to the Oom.ltlc Rllltlonl Offlc. on Iccount of thl outltandlng a".arag.1 of Dill 6. Slrber for the IUpport of hll tin. children, (4) The remaining amount In ..crow Ihlll be dlltrlbutld to Oall 8, Blrber by Robert Mulderlg, Esquire subject to any counlel feel that may be owed to Robert Mulderlg, Esquire for other legsl wort< performed In this case. . ., (Emphasis added).R The $7,500 payment reduced the support arrearage from $17,712 to $10,212. When defendant was Injured on August 17, 1992, he had a child support arrearage of $6,990. After the accident, the arrearage Increased by $10,722 to $17,712 until the order was suspended. On July 19, 1995, when this court last dismissed a petltton to hold defendant In contempt for failing to pay the support order, we recognized that I defendant was Injured and unable to work. However, It was made clear to defendant 2. Defendant received about $12,520 from the settlement. -4- . , -, 597 SUPPORT 1989 and his attorney that we Intended to apply a portion of his accident prooeeds, When obtained, toward the child support obligation pursuant to the protective order entered on March 18, 1993. Based upon the settlement In the acoldent litigation In September, 1995, we ooncluded, alter a hearing, that the appropriate amount to apply toward the ohlld support arrearages was $7,500.' Neither party filed an appeal from . I that order. The $7,500 was for the support accruing during the period of time alter the accident until the order was suspended. The arrearage Increased during that period by $10,722. As In Benjamin v, BenJamin, supra, where an arrearage was reduced, this Is \ not a case In Which the obligor has been derelict on an obligation, because, since August 17, 1992, defendant has been Injured and unable to work. The court applied a substantial portion of his accident recovery to his ohlld support obligation. Even though on three occasions we did not hold defendant In contempt for failing to pay the order, his attorney should have flied a petition to modify, as the attomey In Benjamin should have, but did not. When the petition to modify was finally filed, the . order was suspended because defendant was Injured and would not work. These are oompelllng reasons to allow remission of the $3,222 In arrearages that occurred alter defendant was Injured that are In ellcess of the $7,500 lump sum payment applied to the child support from the proceeds of his accident recovery. That reduces t~e ourrent arrearage to $6,990, which was the amount defendant t:wed when he was 3. Plaintiff also received $6,242 for other obligations owed to her by defendant. .5. " 4;'" 1587 SUPPORT 1989 Injured In August, 1992, lor which there II no basis to remit. Qaoel3 PF COUBI AND NOW, thll 12. \ dav 01 December, 1995, the petition of defendant to remit child IUpport arrearagea, 18 GRANTED IN PART AND DENIED IN PART. , Arrearagea In the ariJount 01 $3,222, ARE REMITTED, , ~y the Court, 7.///.. s..~(6'J<<4'1 Kathleen Carey Daley, Esquire For Plaintiff Keith 8, DeArmond, esquire For Defendant \ , :... \ . / .6. '-ii ~ . . You mlY need an allomey to "IOn your rights. The sooner you contlct one, the more chance you will have of stopplnsthe sale. (Sce notice on pase two on how to obtlln an IlIomey.) YOU alA Y STILL at: .\III"E TO SA VI: YOUR PROPERTY AND YOU II~ VI: OTlft:R RIGHTS EVEN or nIE SHERIFF'S SALE DOES TAKE PLACE. , 1. If the Sheritrs S&le Is not stopped, your propeny will be sold to the highest bidder. You may find out the price bid by call1ns 717-657-4795. 2. yOU may be able to pet\t1on the Court to aet ulde the sale If the bid price wu grossly lnadequlte compared to the v&lue of your property. J. Thul1e wiD So through only If the buyer plysthe Sheriff the full amount due In the &ale. To find out If this hiS happened, you mlY Cl1I717-657-4795. . \ . 4. If the amount due from the Buyer Is not paid to the Sheriff, you will rem&ln the owner of the property IS If the &ale never happened. 5. You have the right to remain in the property until the full amount due Is p&ld to the Sheriff and the Sheriff gives I deed to the buyer. At thlt time, the buyer may bring lell&l proceedlnas to evict you. 6. You mlY be entitled 10 a share of the money which WIS plld for your houae. A 1d1edu1e ofd\atrlbutlon of the money bid for your houae will be filed by the Sheriffon AprilJ, 1996. Thisld1edule wiD IIIte who will be recelvll1llthat money. The money will be paid out In Iccordance with this schedule unle.. exceptions (reasons why the proposed distribution Is wrong) are filed with the Sheriff within ten (10) days Ifter April 3, 1996. 7. You may also have other rights Ind defenses, or ways of selling your home blCk, If you Ictlmmedlltely Ifter the sale. YOU SHOULD TAKE THIS PROPER TO YOUR LAWYER AT ONcn. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONfi, 00 TO OR TnLEPHONE THE ,OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN onT LEOAL HELP. . Cumberland County coun Administrator 4th Floor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 , . ,.. , Wanda L. Barber vs Dale S, Barber In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 9 ~6445 civil R, Thomas Kline, Sheriff, who being law, says this writ is returned STAYED. attached, Credit writ with $9,951,86. Sheriff's COStSI Docketing Poundage Posting Bills Advertis ing Law Library County Mileage Cert Mail Postpone Sale & Levy Surcharge Law Journal Patriot Posters duly sworn according to Letter from attorney is hereto 30,00 199.04 15,00 15,00 ,50 1.00 17.92 ,62 30,00 4.00 267,50 311. 50 30.63 922,71 Pd, by Atty 4-24-96 THIS WRIT IS RETURNED STAYED April 24, 1996 Advance Costs Sheriff Cos ts Refund to Atty $1,000,00 922.71 $ 77,29 So /,......'",. an~~';'1=tf...~ . " '.. ". ,::... __ f:. ".,....-.... .~.- 0/.... R, Thomas Kline, Sheriff Sworn and subscribed to before me this J~.!!- day of () /)" j1 , J996 A.D. ~r f7 }hJlltL '4LUt{ othonotary , by a l.u.J-Hv (21~1 IJh IIeputy Sheriff ~ " ~ ". u~. IJ 71')" ,:' J,r~' ...u... \ Defendant : IN THE COURT OF COMMON PLEAS : CUMDERLANDCOUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : CIVIL ACTION - fiUPPORT- <"I") (., VI') : NO. 591-6F-W89 WANDA L. BARBER, Plaintiff v. DALE S. BARBER, AFFIDAVIT PURSUANT TO RULE 3129,1 Wanda L. Barber, Plalntilfin the above action, sets fonh as of the date of the praecipe for the writ of execution WIS flied the following Information concerning the real propeny located It 533 Nonh Enoll Drive, East Pennsboro Township, Cumberland County, Pennsylvania: ALL thoae certain lots, tracts or parcels orland sltulte In Eut PeMaboro Township, Cumberland County, PeMsylvanll, bounded and described .. follows, to wit: Trlct No.1: BEGINNING at a point on the westerly line of Altoonl Avenue extended, at a distance of aeven hundred seventy-nine and five tenths (779.5) feet measured In II southerly direction from the southwest comer ofSummerdale-Wertzville Road and Altoona Avenue extended. at comer of other lands of the Grantees: thence along the center line of A1100Rl Avenue extended South forty-two (42) degrees East twenty- live (25) feet to a point; thence along other Ilnds of the Grantor South fifty-nine (59) degrees twenty.two (22) minutes Westtwu hundred (200) feet to a point; thence by the aame North forty-two (42) degrees West twenty-live (25) feet to I point on the line of lands of the Grantees: thence by laid lands of the Grantees North fifty-nine (59) degrees twenty-two (22) minutes East two hundred (200) feet to the point or place of BEGINNING. n '.J q ru U1 ., t}' ,.., ,.I ..'[:1 " , ! ~, , ., ,;;p '.'C ~, 1] .", tJ'l. l..) (.J,t; I , :"':? ..J~ :, j'i"l .-. l'\I~ :' , F:i , .. ,I :'--1 ", ~l i " 01.' -, . . WANDA L. BARBER, Pl&lntlff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW DALE S. BARBER, Defendant : NO. 95-6445 NOTICE OF SHERIFF'S SALE OF REAL PROPERlY TO: D&le S. Barber 533 North Enoll Drive Enola, P A 17025 THIS NOTICE IS SENT TO YOU IN AN A TI'EMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. December 13, 1995 ~ Your houae (real estate) It 5JJ Nortb EDoIa Drive. Eaola. PeaD~)'lvaD1a 1701!!. Is acheduled to be sold It the Sheritl's S&le on WedDesda)'. Maftb 6. 1996. It \0:00 I.m. In the Cumberland County CowthouIe, South Hanover Street, Carlisle, Pennaylvanll 17013, to enforce the court judgment ofSI0.2II.03 obtained by WIDdl L Barber. judgment creditor, against you. NOTICE OF OWNER'S RIGHTS YOU MAY 8E ABLE TO PREVENT TUIS SHERIFF'S liAU To prevent this Sheritl's S&le, you must take lmmedllte Ictlon: 1. The slle will be canceled if you PlY to the judgment creditor or the Domestic RelatIons OlIIce ofCumbertand County the aupport arrearlge, Interest chlrges, costs and reuonable IlIomey's fees due. To find out how much you must pay, you may call: 717-657-4795 2. You may be able to stop the sale by Il1lng a petition aaklngthe Court to strike or open the judgment. If the judgment wlslmproperly entered. You may also ask the Court to postpone the we for good cluae. 3 . You may also be able to stop the sale through other legal proceedings. You mlY need an IlIorney to Issert your rights. The sooner you contact one, the more chance you will have ofatoppina the we. (See notice on psge two on how to obtain an IlIomey.) llW..MA y nu..L BE ABLE TQ ~A VE YOU. PROPERTY AND YOU itA VE OTHEII R10UTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs S&le is not stopped, your propeny will be sold to the highest bidder. You may find out the price bid by c&lllng 717-657-4795. 2. Yau may be able to petition the Court to setaalde the sale if the bid price WIS grollly Inadequate compared to the v&lue of your property. 3. The aaIe wiD go through only if the buyer pays the Sheritfthe full amount due In the lI1e. To find out if this baa happened, you may call 717-657-4795. 4. If the amount due from the Buyer Is not paid to the Sheriff, you will remain the owner oftlle property IS if the we never happened. 5. You have the right to remain in the propeny untUthe full amount due is p&ld to the Sheriit' and the Sheriff gives I deed to the buyer. At thlt time, the buyer may bring leg&l proceedinas to evict you. 6. You mlY be entitled to I share of the money which WIS paid for your houae. A acbedu1e ofdlatributlon of the money bid for your house will be filed by the Sherltfon April 3, 1996. ThIs adIedule wiD ltIIe who wiD be receiving that money. The money will be paid out in Iccordance with this achedule unlell exceptions (reasons why the proposed distribution Is wrong) are filed with the Sheritfwithln ten (10) dlyslfter April 3, 1996. 7. Yau may &Iso hive other rights and defenses, or ways of gelling your home blCk, if you ICtlmrnediltely after the sale. YOU SHOULD TAKE THIS PROPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Coun Administrator 4th Floor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 , WRIT OF EXECUTION .nd/or AlTACHMENT . . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 95-6445 CIVIL Term CIVIL ACTION. LAW TO THE SHERIFF OF Cumberland COUNTY: To sallsfy lhe debt, Interest and costs due Wanda L. Barber PLAINTlFF(S) from Dale B_ BarberI 533 North Enola Drive. Enola. PA 17025 DEFENDANT(S) (1) You are directed to IeV)' upon the properly of the defendant(s) and to sell Real Estate located 533 North Enola Drive. Enola. PA 17025. as described in attached Legal Description. (2) You are also directed to attach the properly of lhe defendant(s) not levied upon In the possession of GARNISHEE(S) as follows: 100 to notNy the gamlshee(s) that: (a) an attachment has been Issued; (b) the garnlsheels) ISlare enjoined from paying Iny debt to or for the account 01 the defendant(s) end from delivering eny properly 01 the defendantls) or otherwise disposing thereol; (3) If propertyofthedefendant(s) not levied upon an subject to ellachmentls found In the possession 01 anyone other thin I nlmedgarnlshee, you ere directed to nollfy hlnvherlhat he/she has been added as agarnlshee and Is enjoined as above stlted. Amount Du9 Inlere5\ Ally's Comm Ally Paid Plaintiff Paid S 10.212.03 S 1.874.85 L.L. s s .50 1.00 Due Prothy Other Costs % S 32.00 Date: December 13. 1995 Lawrence E. Welker Prothonotary, Civil Dlvlllon by: flit ~/u!d d. Jl'~U/tJ'.LL- J Oeputy REQUESTING PARTY: Name Kathleen Carey Oaley. Esq. Address: 1029 Bcenery Drive Harrisburq. I'A 17109 Allomey lor: Plaintiff TelBphone: (717) 657-4795 Suprsme CourllD No. 30078 i'