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HomeMy WebLinkAbout96-05556 >- ~ ...:.o.r .... ...~ ~ '--.E j ..~ 0 ... '" c) ~ .., .'0 -.. ~~ - . . - .~ .. '-.J 'I. ^ .:j McCABB, WEISBBRG, CONWAY & WATSON, P.C. BYI TBRRENCE J. McCABE, ESQUIRE Identification Number 16496 1608 Walnut Street, Suite 402 Philadelphia. Pennsylvania 19103 (215) 790-1010 Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8632 Elmhurst, IL 60126 v. Heni-iris Morehead 425 Pawnee Drive Mechanicsburg, Pa 17055 and James Barry Morehead 425 Pawnee Drive Mechanicsburg, Pa 17055 Attorney for Plaintiff Cumberland County Court of Common Pleas Number q? 5f-S[o (7: {~L NOTICB CIVIL ACTION/MORTGAGE FORECLOSURE AVISO You have been sued in court. If you wish to defend llgatnst the claims set forth in the following pages, you Il'1lst take action wIthin twenty (20) days after thts cClq)lafnt and notice ere served, by entering 8 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 fait to do so the case may proceed without you and 8 judgment may be entered Bgsinst you by the court without further notice for any money claimed in the conplalnt or for any other claim or relief r~uested by the platntiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlfsle. PA 17013 (717) 240.6200 Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas exepuestas en las pagfnas sigui~ntes. usted tfene velnte (20) dies de plazo al partir de la fecha de la demanda V la notlficaclon. Haee felta esentar una c~rencfa escrite 0 en persona 0 con un obogado V entregar a la corte en forma escrfta sus defenses 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende. la corte tomara medidas y puede continuer la demanda en contre suva sin prevlo aviso 0 notlffcaclon. Ademes, la corte puede decidfr a favor del demandante y requiere que usted clXl'lpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 BUS propfedades u otros derechos Importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDlATAMENTE. SI NO TlENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A D1RECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse CarliSle, PA 17013 (717) 240-6200 Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1192, Page 426. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A." 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1995 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 11/95 through 9/11/96 (Plus $34.38 per diem thereafter) Attorney's Fee Cost of Suit Appraisal Fee Title Search $85,367.14 $10,925.09 $ 4,268.35 $ 225,00 $ 125.00 $ 200.00 $101,110.58 GRAND TOTAL 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed, 9, Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice requested by the Emergency Mortgage Assistance Act of 1983 have been sent to Defendants by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B," \ g..'v- I~c~'\ ~ I 11??D~-IO -",~'h'fotvq MOKi'GAGEl [J] IF BOX IS CIIECKED, TillS MORTGAGE IS AN OPEN-END MORTGAGI, AND SECURES FUTURE ADVANCES 19 .!1.!--' between the Mortgagor, THIS MORTGAGE is made this 13TH day of JANUARY HENI-IRIS MOREHEAD AND JAMES BARRY MOREHEAD WIFE ANO HUSBANO {herem "l3orrower J. and Mortgagee HOUSEHOLO F I NANCE CONSLMER 0 I SCOUNT COMPANY a corporation organi:.~eJ and e.\iSling Uiiatr tllClaws of PENNSYL v AN I A 25 GI.TEWAY ORIVE , SUI TE 107. MECHAN I CSBURG , PA 17055 (he,e.n "Lender"), The lollowing paragraph preccded by a checked box is applicable. n WHEREAS, Borrower is indebted to Lender in the principal sum 01 $ , Cvia'eneed by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Ag,eement dated and any e,1ensions or ,enewals the real (herein "Note'), providing for monthly installments of pClnclpal and .nterest, including any adjustments to the amount of payments or the contract rate jf that rate is variable, with the balance of the indebtedness. if not snoner paid. due and payable on [J] WHEREAS, Borrower is indebted to Lender in the principal sum of $ B5 ,000.00 ,or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated JANUARY 13, 1994 and extensions and renewals thereof (herein "Note"), providing for monthly installments, and Interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a creditlimiLstated in the principal sum above and an initial advance of $ B5 , 700.00 TO SECURE to Lender the repayment of (I) the indebtedness evideneed by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums. with interest thereon. advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CLMBERLANO Commonwealth of Pennsylvania: , ,whose address is BRIEF LEGAL DESCRIPTION, ALL THAT CERTAIN PROPERTY SITUATEO IN THE TOWNSHIP OF HAMPOEN I N THE COUNTY OF CUMBERLANO ANO COIvMONWEAL TH OF PENNSYLVANIA, BEING OESCRIBEO AS FOLLOWS: LOT 13, BLOCK G PBV 21, PAGE 13. BEING MORE FULLY OESCRIBEO IN A OEEO OATEO 01/301B7 ANO RECOROEO 02/05/B7, AMONG THE LANO RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN OEEO VOLUME 32-M ANO PAGE 220. TAX MAP OR .PARCEL 10 NO. 10-19-1600-89 ADORESS: 425 PAWNEE OR. , to , : c:..... , ~ r ,;- , ~-..: , .. ::0 , 0:. :::3 < .' ., c.;: , ~ .. = -, ',.J: -, : .. : , , N :;- which has the address of 425 PAWNEE OR, MECHANICSBURG ISlrectl (City) Pennsylvania 17055 (Zip Codel 03-01.92 Mortgage PA (herein "Property Address"); r{:! ~~.~ /.- ~. \; ,..~~ ;C: J\~ i~" ~ ... ~QO~ l. 1':;:2 i~Gf .j 26 PAO01201 r ,. /\ ~ ~ . I -2- TOGETHER with all the improvement:> nuw or here,'lftcr ercl:lt:d on the property, and ail ea~<:meIHs, right:;, appurtenances and rents, all ot which shall he dcemC'd 10 be and rem:lln a p,ut of the property co\'ercd by this ~fort~agc: and all of the foregoing, togl.'ther with SJid propcn}' ({lr the Ic.:a.<;c.:hold c.';tatc if this ~Iortgagc is em a Ica5chold) are hereinatter referrcd to as the "Property," Borrower co\'enant5 that Borrower is lawfully sci~cJ of the cstak htrcby conveyed and lia:. (he right to mortg,1ge, gram and convey the Property, and that the property is unencumberl.'d. except for cnl.;um brancc!i of rct.:ord. Borrower covenants that Borrower warrants and will defend gcncrallj' the title to the Property against all claims and demands, subject to encumbrances of record, UNIFORM COVENANTS. Borrower and Lender Covenant and agrec ao follows: L Payment of Principal and Interest at Variable Rates. Thi" mortgage secu'e, all parments of p,incipal and interest due on a variable rate loan, The contract rate of intt:n:st and payment amounts m<lY be subject to change as provided in the Note. Borrowers shall promptl}. pay when due all amollnts required by the :'\ote, 2. Funds lor Taxes and Insurance. Suhjel.:t to applicable: Jawor w,lj\"cr by Lender, lJorrower shall pJ}' to Lender on the day monthly payments of principal and intert:st art: payable under the r\ote, until the' :\otc is paid in full, a sum (herein "Funds") equal to one.twelfth of the yearly ta.\eS and assessmt.:nts (including condominium and planned unit development aSSe5.<;ments, if any) which may attain priority o\"er this ~fortgJge and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurancr., if any, all as re,1sunably estimated iniriall}' and trom time to time by Lender on the basis or assessments and bills and ,easonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that llorrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender. the Funds shall be held in an institution the deposits or accounts of which are insured or l,:uaranteed by a Federal or state agencr (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge tor so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Punds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this ~lortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such intc:rest to be paid, Lender shall not be requirc:d to pay Borrower any interest or earnings on the Funds. Lendc:r shall give to Borrower, without charge, an annual accounting of the Funds showing cn:dits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional ,ocuritr for the Sums sccurcd br this Mortgage. If the amount of the Funds held by Lender. together with the future monthly installments of Funds payable prior to the due dates of taxes, as<,;essmcnts, insurance premiums and ground rents, shall exceed the amount rcquired to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Punds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage. Lende, shall pmmptly refund to Borrower any funds held by Lender, If under paragraph 17 hereof the Property ;s sold or the Propertr is otherwise acquired by Lender. Lender shall apply, no later than immcdiately prior to the sale of the Property or its acquisition by Lender. anr Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Aprlication or Payment!:. Exccf)t for loan:> made pur5uant to the Pennsylvania Consumer Discount Company Act. ail payments received oy Lender unde, the Note and paragraphs I and 2 hereof shall be applied by Lende, first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Charges; Liens, Borrowe, shall perform all of Borrower's obligatIOns under any mortgage, deed of trust or other security agreement with a lien which has priority over this l\fortgage, including Borrower's covenants to make payments when due. Borrower shall payor causc to be paid all taxes. assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold parments Of ground rents. if anr. 5. Hazard Insurance, Borrowe, shall keep the improvements now existing or hereafter erected on the Propertr insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require, !'he insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender, Lender shall have the right to hold the policies and renewals thereof, subject to the terms of anr mortgage. deed of trust or other security agreement with a lien which has prioritj' over this l\fortgagc. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptlr by Borrower. rr the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 d,ys from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance hcnefits, Lender is authorized to collect and apply the insurance procceds at I.ender's option either to restoration or repair of the Property or to the sums secured by this ~Iortgagc. 03.01'92 Mottgege PA . II 'J') ")-, . bOO!. . '..,..' ALl . i... PAOO1202 .... -J. 6. Preservation and Maintenance of Property; Lca.'ieholds; Condominium.'i; Planned Coil Developments. Borrower shall keep the: Propertf in gO<:XJ repair and shall not commit waste or permit impairment or deterioration of the ProperlY and shall campi). with the provisions of any lease if this Mortgage is on a leasehold. Ir thi, ~l"'tgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or co....cnanL'i creating or gm'crninc the cundominium or planned unit dcn:lopm<.'nt. the by.Jaws and regulations of the condominium or planned unit development. and constituent dex:uments, 7. Protection or Lender's Security. H Borrower r3ils to perform the co\'en3nts and agreements nlntained in this Mortgage, or if any action or proceeding is commenced whil.:h materially affects I.ender's interest in the Property, then Lender, at Lender's option, upon notice to Borrowcr, may make such appearanc~, disburse: 5lH:h sums, including reasonable attorneys' fees, and take such action as i:; neccs.".ary to protect Lender's intere.'it. Any amounl.. disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall bewme additional indebtedness of Ilo((()wer 5<:curcd by this ~lo<tgafe. Unless Borrower and Lender ag,ee to other terms of payment, such amounts shall be pa)'able ll[Xlll notice from ,ender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender (0 incur any expense or ~ake any action hereunder. 8. Inspection. Lender may take or cau$(: to be made reasonable entries ur.on and inspections of the Property, provided that Lendcr shall gi,"c Borro\\'(.'r notice prior to any such inspection speCifying reasonable cause therdor related to Lenders interest in the Property. 9. Condtmnation. "j'he proceeds of any award or claim for damages. direct or consequential, in connection with an}' condemnation or other taking of the Property. or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. subject to the term' of any mortgage, deed of t,ust or other secu,ity ag,eement with a lien which has prio,ity OVc< this Mortgage. 10, Borrower /-:ot Released; Forbearance By Lender /-:ot a Waiver, Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any suc.:cessor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such Successor or rcfus<: to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's suc.:ceS!iors in interest. Any forbearance by Lender in exercising any right or remedy he,eunde" or otherwise afforded by applicable la". shall not be a waive, of or preclude the exercise of any such right or remedy. II. Successors and Assigns Bound; Joint and Sevcral Liability; Cowsigners, The covenants and agreements herein contained shall bind, and the rights herl.:under shall inure to. thl.: respective sllccessors and assigns of Lender and Ilormwer. subject to the pm visions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrowcr who co-signs this Mortgage. but docs not execute the Notc, (a) is cowsigning this Mortgage onty to mortgage, grant and convey that Borrower's interest in the Pro~rty to l.ender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage. and (c) agree' that Lende, aod any other Ik>rrower he,eunder may agree to extend, modify. forbear. or make any other accommodations with regard to the terms of this Mo,tgage or the Note without that Borrower's consent and without releasing that Borrower or modifying thi, Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Ilorrower pmvided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Ik",ower at the Property Address or at sllch other address as Borrower mal' designate by notice to Lender as provided herein, and (b) <lny notice to Lender shall be given by certified mail to Lender's address stated herein or to such other addrl~ss ~s I.ender may dCl'iEII:lte hy notice to Borrower 3S provided hcrdn.' :by no~ic~ provid~d for in this Mortgage shall be deemed to have been given to Borrower or Lender wben given in the manner ciel>ignated herein. 13. Governing Law; Severability. The state and local laws applicable to this ~Iortgage ,hall be the laws of the jurisdiction in which the ProperlY is located. The foregoing sentencc ,hall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflice' with applicable law, such conflict shall not affect other provision, of this Mortgage or the Note which can be given errect without the conflicting provision. and to this cnd the provisions of this Mortgage and the Note are declared to be severable. As used herein. "OO5t.<;," "expenses" and "attorneys' fl.:es" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this ~lortgage at the time of execution or aftcr recordation hereof. 15, Rehabilitation Loan Agrcemcnt. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other 10:111 agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrow!.:r to eXec.:ute and deliver to Lender, in a form acceptable to Lender. an assignment of any righlc;, claims or defenses which Borrower may ha"c against partier. who supply labor, matcri:lls or services in connection with improvements made to the Property, 16. Transfer of thc Property. If Ik>rrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinatc to thi, ~lortgagc, (b) a transfer by devi,c. descent, or by operation of law upon the death of a joint tenant. (c) thc grant of any leasehold interest of threc years or less not containing an option to purchase, (d) the creation of a purcllil,;,c money security interest for household appliances, (e) a transfer to a relative resulting from the death of" Ik>rrower, (f) a tran,rcr where thc "pouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marri:Jgc, legal separation 03.01-92 MOllgllgO PA . PAOOl20J -4- agreement, or from an incidental pro(Xrt)' settlement agreement, by which the SpoU5C of the Borrower becomes an owner or the property, (h) a transfer into an inter vivos trust in which the Borrowe, is and ,emains a benericiary and which does not relate to a transfer or rights or occupancy in the property. or (i) any other transfer or disposition described in regulations p,escribed by the Federal lIome Loan Bank lJoard, Borroller shall cau'e to be submitted information required by Lender to evaluate the transferee as if a new 10:10 were being made to the transferee. Borrower will continue to be obligated under the :\otc and this ~fortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may dc.:darc all of the sums sc:cllrcd by this ~lortg3ge to be immediately due and payable. If Lender exercises such option to accelerale, Lender shi1l1 mail Borrower notice of acccle,ation in accordance with paragraph 12 hereof. Such notice shall provide a period or not less than 30 days rrom the date the notice is mailed or delivered within which Borroller may pay the sums declared dlle. If Borroller rails to pay such sums prior to the expiration of S!Jch period, Lender mar, without further notice or demand on Borrower, invoke any remedies pe,mitted by paragrap:. 17 hereor. /'ION-UNIFORM COVENANTS. Borrower and Lender rurther cOl'enant and agree as rollows: 17. Acceleration; Remedies, Except as provided in paragraph 16 hereor. upon Borrower's breach or any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured bv fl"i.' ~forto3''''. I coder pr;~r to a"'~"le-"f:l\" t'"..1I ...;,... 1'H't;'.,. tq Rry-o....... ...~ ""rnv:ded in par;graph '12'he~eof S;;c;'r;:ing: i I) the b';ea~h; (i)';h~ ~~l'i~n";e~;'i;~d 'to ...u;~ -s~~h b;~~ch: -(3) -; dat~, ~otle~'~ than 30 dars rrom the date the notice is mailed to Borrower. br which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums seeured by this Mortgage, foreclosure by judicial proceeding. and sale of the Property. The notice shall further in(orm Borrower or the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other derense of Borrower to acceleration and roreclosure, If the breach is not cured on or berore the date specified in the notice, I.ender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediatelr due and parable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 18, Borrower's Right to Reinstate. Notwithstanding Lender's acceleration or the sums by this Mo,tgage due to IJorrower's breach. Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this ~Iortgage ir: (a) Borrower pa}'s Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrowcr contained in this Mortgage; (c) Borrower pays all reasonablc elt:pen~ incurred by Lender in enforcing the covenants and agreements of Borrower contained in this ~fortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereor, including. but not limited to, reasonable attorneys' rees; and (d) IJorrower takes such action as Lender may reasonably require to assure that the lien or this Mortgage, Lender's interest in lhe' Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon' such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full rorce and eHect as if no acceleration had occurred. 19. Assignment of,Rents; Appointment or Receiver, As additional security hereunder. IJorrower he,eby assigns to Lender' ~he rents of-the, Property, providc'd r.!1at Borrower Sh3~11 prior tf) at:c.:eleration under ?ar::!j;;,~?h 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and pa}',ble. Upon acceleration under parag,aph 7 heceor or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Propert}' and to collect the rents or the Property including those past due. All rents collected by the receiver shall be applied first to payment or the costs of management or the Property and collection or rents, including. but not limited to, receiver's rees. p,emiums on receiver's bonds and reasonable attorneys' rees. and then to the sums s<'Cured by this ~lorlgage. The receiver shall be liable to account only for those rents actually received. 20, Release, Upon payment of all SUms secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower, Borrower shall pay all costs or recordation. if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law, 22, Interest Rate After Judgment. IJorrower agrees the interest rate payable arter a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. I ')<l boodt:j2 I~Ll ,1..01 03.01.92 Mortgllglll PA PAOO1'204 -5- REQUEST fOR 1\0TlCE or DEI'AULT A:'I1D FORECLOSURE UI\DER SUPERIOR MORTGAGES OR DEEDS or TRUST Borrower and Lende, request the holde, 01 any mortgage, deed of trust or other encumbrance with a lien which has p,iority over this Mo,tgage to give /\otice to I-"nder. at Lender's address set lorth on page one 01 this Mortgage, 01 any delault under the superior encum bra nee and or any sale or othcr roreclosurc action. IN WITNESS WIIEREOF, Borrower has emuted this ~lortgage. Witness: / . ) -~7n.~ /*/1/>//)//), YjJ)p;j;,1,;t, ~'Jn~~ Ud,!J~ ~4I reby certily that the precise address 01 the I-"ndor (Mort~a~"l Ga ~"!JJ!j;; ~~ -Borrower I k 07 e - hUfllt'5b:.u'C, PI} /705"'- On behall 01 the Lender, Ily: Ubu./../ E. !CAUl.< b Title: BHl.llr h /VlaY/cW,.?r COMMOJljWEALTII or PE/\I\SYLV ANIA, CUi::]{ tu.//a.rd County ss: u I. ~ b.e.v/ 1::, KiUu.Lh , a Notary Public in and lor s~id COl)llty and state, do hereby certily that ; - J;y;S YC' I'll. at' omi'J y" Cyt' <,od I/, I,.l) personally known to me to be the same person(s) whose ame(s) are subscribed to the loregoing instrument, appearoo belore me this day in person. and acknowledge that ~ he ..'f--.-c. signed and deliveroo the said instrument as -1-/1 e,"" free voluntary act, lor the uses and purposes therein set lorth. Given under my hand and official seal, this /3.f:!J day 0 .J(ini-Ui. rc-; 1991. ul( E ZC4t- olary U Ie ~ , 'i\. 1 ..E.. j, This instrument \vfr,.preflrr.edlll'l- '.. '~ ..~,.~<J I .'1~~ ......:;' '\ : 1'\,..,'.'(" 1('" <~':. ........\<i' , '..\', 03'=- . : ~ ,. ..... '...\ ,,: ,IN.",) . 0 I.':':~. .: ~ ';1'.....:: -':';j :. ~. .'iI -,(1\ ::t!.." =- . .... "'~:"O' ".~1',. y I ~l ~~,"_('; .t . '....*..... "'....~. .... J4;,."':'......".:\..,~.. (Addr'" .~ r \"~ .' . II..... My Commission c,pires: ~;ft":.,; p(n....'.:.',:;.~,1.. C~;:~,'::,i_ ...". RC'''-'-(. ':' .....1-;-' "".1:'\/ C..ltll.. ::C;.:.:~:/~: .:;'.~~,.:.:::~\;:rt~;.~;r:~.1 v. '.... My C,:::;~:;>!.;:':1 E;'.jJi:':'!'! o~t. ~). 1935 .-.;':'. q,~.:'.~'-',":,,,, .....\. <J..:":lji.;..t.I~' /:,\:'~':~ '.)>.;"'~:~;~ ~: "r!-"~~ 'r';'I"(/t.I..*':,.-rf';IL~lfI:.. '." '.. .~. I -' '~,I- .' ,~f'. . : \':;".':1l\Jl,,'r\:.tfrl~~':;1J',:'" ' .... '. ; r-&r tl> ;.' h' . , ". .'1/f.'.,.....}.\.'t:......'..,Hl!.e..-...' .... '.'.:1'_,'," "v r.J:; I'. .. ,........ , . . r::;,~'" '.\ 'J.'I:';.>"J~~~oP.',,' -'~": ',~' r'!1:l: t.';' ~ .~?:~..j.:\.......;,~..,..~.~.,... :~ :;:':~"--:' I 7.,'",~~....f,J.~!.;,.....':I.J;t".... .~",." , .."...'..';'i1l. ,.;....., t ~ .'-:::'1~\' ';t'~1. ~"'i....,.... 'n','J II......; ~l _j;.r....;.~'....:". ';;:.'- .....:.!~ '..,,~~ .,.....~.,~J 'f~...'ll l;,..~.'...(". ..... .........." ....1 . .~ a ' li:,~. .;:,.~{)'.)~)~':' \<.~1,::... J"'~ 55 ~.~~~~;-;;/l:..l1:fit/3ffC-t'~j :. .' r'.':" ....~lo;;;..~.t,;.........n . f ,_ th'~ r(.cordlng OT ,-.n,h.~.' . . '\ .,"'....t\,... .~I.' . ~r..'2 t, .... .:.- .:\\qk~;,:~:id c~~~ I) .' 'L']IOfOIf~Of nil, .... .,'V ,,;,',nl .' so .1911.. . 'f. ;J,lg .. - do C ~; e,--" , :...--J ""'" _.- ( ,) "'0"" Mo". Recorder ? b(JO~ 1.1 OJ.. (Spllce Beluw This Line Reser\'Cd Pur Lender and Recorded Return To: Household Finance Corporation 961 Weigel Drivc Elmhurst. II. 60126 i~G[ .'130 PA001205 NOTICE OF INTENTION TO FORECLOSE r'10RTGAGE Customer(s): James Barry Morehead and Heni-Iris Morehead Address: 425 Pawnee Drive Mechanicsburg, PA 17055 Account Number: 713303-10-888669 Date of Loan: 1/13/94 Date Creditor: HOUSEHOLD REALTY CORPORATION Phone: (800)333-5848 Ext.7946 Address: 961 Weigel Dr.,P.O. Box 8632,Elmhurst,IL 60126 of Notice: April 11, 1996 The MORTGAGE held by Household Realty Corporation, d/b/a Household Finance Consumer Discount Company (hereinafter called we, us or ours) on your property located at 425 Pawnee Drive, r~echanicsburg, Pennsylvania, IS IN SERIOUS DEFAULT because you have not made the monthly payment of $15,66 for the month of December of 1995 and $1,099.00 each for the months of January, February, March and April of 1996 inclusive. Late charges (and other charges) have also accrued to this date in the amount of $none. The total amount now required to cure this defaul t, or in other .,ords, get caught up in your payments, as of the date of this letter is $4,411.66. You may cure this default within THIRTY (30) days of the date of this letter, by paying to us the above amount PLUS any additional monthly payments and late charges which may fall due during this period, Such payment must be made either by cash, cashier's check, certified check or money order, and made at 961 Weigel Drive, P.O. Box 8632, Elmhurst, 11, 60126, Payment may be made by mail, but must be received in our office by the time specified by this notice. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our riqht to accelerate the mortqaqe pavments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attornevs to start a lawsuit to foreclose your mortqaqed propertv. If the mortqaqe is foreclosed vour mortqaqed property will be sold bv the Sheriff to pav off the mortqaqe debt, If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50,00, However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50,00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs, If yOU cure the default within the thirtv dav period, vou will not be required to pav attornev's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, vou still have the riqht to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You mav do so bv pavinq the total amount of the unpaid monthl V pavments plus any late or other charqes then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform anv other requirements under the mortqaqe). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately six (6) months from today, A notice of the date of the Sheriff's Sale will be sent to you before the sale Of course, the amount needed to cure the defaul t will inc~'ease the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (800) 333-5848 Ext 7946, This E'''' "" [' ". ...... ~." "Ii.' ~~ ){ ~,.;; ~ ~ .l':\. t. t ~ji' \\ f; i ~ ~....,.~ 0 U ~~V\~,:; fl .fJ payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above, You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it, If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property, YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES, AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED, CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If ou cure the default the mort a e wi be restored to the same position as if no default had occurred. Hower, you are not entitled to this right to cure your default more than th ee ti es in any calendar year, / BY: FOR: eene, Esq. LTY CORPORATION Si ud. no comprende el contenido de este avi 0 tanga la bondad de hacer traducirlo ya que contiene informacion de suma importancia con respecto a su propiedad, 2 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania'G Homeowner's Emergency Mortgage Assistance Program may be able to help you, Read the following notice to find out how the program works. La notificacion en adjunto es de suma importancia, pues afecta sue derecho a continuar viviendo en su casa. 5i no comprende el contenido de esta notificacion obtenga una traduccion immediatemente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamando "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca, IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE, YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Customer(s): James Barry Morehead and Heni-Iris Morehead Address: 425 Pawnee Drive Mechanicsburg, PA 17055 Account Number: 713303-10-888669 Date of Loan: 1/13/94 Date Creditor: HOUSEHOLD REALTY CORPORATION Phone: (800)333-5848 Ext,7946 Address: 961 Weigel Dr.,P.O, Box 8632,Elmhurst,IL 60126 of Notice: April 11, 1996 Your mortqaqe is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days, The total amount of the delinquency is $4,411,66, That sum includes the following: $15.66 for the month of December of 1995 and $1,099.00 each for the months of January, February, March and April of 1996 inclusive, You mav be eliqible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"), You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice, It contains an explanation of your riqhts. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. That meetinq must occur in the next thirtv (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Shirelle Chew, Household Realty Corporation, 961 Weigel Dr" P,O, Box 8632, Elmhurst, n. 60126, 1-800-333-5848 Ext 7946. TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you, Read the following notice to find out how the program works. La notificacion en adjunto es de suma importancia, pues afecta sue derecho a continuar viviendo en su casa, Si no comprende el contenido de esta notificacion obtenga una traduccion immediatemente llamanda est a agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba, Puedes ser elegible para un prestamo por el programa llamando "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE, YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Customer(s): James Barry Morehead and Heni-Iris Morehead Address: 425 Pawnee Drive Mechanicsburg, PA 17055 Account Number: 713303-10-888669 Date of Loan: 1/13/94 Date Creditor: HOUSEHOLD REALTY CORPORATION phone: (800)333-5848 Ext.7946 Address: 961 Weigel Dr.,P,O. Box 8632,Elmhurst,IL 60126 of Notice: April 11, 1996 Your mortqaqe is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $4,411.66, That sum includes the following: $15,66 for the month of December of 1995 and $1,099,00 each for the months of January, February, March and April of 1996 inclusive. You mav be eliqible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency, please read all of this Notice, It contains an explanation of vour riqhts. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency, The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. That meetinq must occur in the next thirtv (30) davs, If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of that meeting, The name, address and telephone number of our representative is: Shirelle Chew, Household Realty Corporation, 961 Weigel Dr., P,O. Box 8632, Elmhurst, 11. 60126, 1-800-333-5848 Ext 7946, The names and addresses of designated consumer credit couns0ling ageni~s are attached. It is only necessary to schedule one face-to-face meeting, You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign, and file a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency, The consumer credit counseling agency will assist you in filling out your application, It must be filed or postmarked within thirtv (30) days of your face-to-face meetinQ, It is extremely important that YOU file vour application promptly. If vou do not do so, or if vou do not follow the other time periods set forth in this letter, foreclosure mav proceed aqainst your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that vour application is accurate and complete in everv respect. The counseling agency will help you to fill out the application, The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, P.O, Box 8029, Harrisburg, PA 17105, Telephone No. (717)780-3800 or 1-800-342-2397 (toll free number). You must either mail your application to the Pennsylvania Housing Finance Agency, or you must file it at the office of one of the designated consumer credit counseling agencies listed above. An application for assistance may be obtained from this lender, from a consumer credit counseling agency, or directly from the Pennsylvania Housing Finance Agency. Enclosed also is another notice from this lender under Act 6 of 1974, That notice is called a "Notice of Intention to Foreclose Mortgage". You must read both notices, since they both explain rights that you now have under Pennsylvania law, However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time,Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are rec 'ving that assistance, By: James Ashton Greene, Esq. 539 Court Street Reading, Pa, 19601 (610) 374-3148 FOR: James Ashto CUMBERLAND COUNTY CONSUMER CREDIT COUNSELING SERVICE OF WESTERN PA, INC. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FINA}!CIAL SERVICES UNLIMITED 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Natalie Newcomer URBAN LEAGUE OF METROPOLITAN HARRISBURG 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA OF CARLISLE 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX # (717) 243-3948 NOTE: Unless you notify this office within thirty (30) days after receiving this notice that you dispute che validity of this debt or any portion thereof, this office will assume that the debt is valid, If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving, this office will provide you with the name and address of the original creditor, U :J ~ . .:: 'll 'l! . u of I .. I s j of Il -I ~ !~~li '& ~ 11 ,ll1l t.. ~ · ~ .. ~" ~ ~ ~HH~! 56611Ud~ 'Dose WJO,j Sd '0; ^~ '- " " 4 u o u :J <It SENDER: _Complele lIems 1 ancVo( 210r addillonal18Mc811. . Complele Iiams 3, oia, and 4b. . Pnnl your name and address on the laverse ollhis form so thai we can relurn this card 10 you. . Aflach this form 10 tho fronl allho mailpiece. or on the back II 'paea does nol permit. _Wri!s'Ratum Recsipt Requested'on lhe mailpiaC8 below the article numbar. _The Retum Receipl.,.,;lIlhow 10 wnom the artiCle was dehvO/ad and the dale delivared. 3. Article Addressed to: J c.. N\.!S 'f).. rr y ('r) o. th-ald t-f;J..S ?C<vJnee. D(-;ve~ fY\a:h(~n'C5b,<r~j PA /705<:; 5. Received By: (Print Name) '"" I' <: , I. 1 ........, I also wish to recelv13 the following SONless (for an extra fee): 1. 0 Addressee's Address 2. 0 Restncled Delivery COnsult postmaster for lee. 4a. Article Number P <-:u' .< 4b. Service Typo o Registered o Express Mail o Return Receipt for Merchandise 7. Date 01 Delivery R ~, e. Addressee's Address (Only il requested and lee is paid) \ SENDER: . Complete ilems 1 and/or 2 lor additional services, . Complete l1ems 3, 4a. and 4b. . Print your name and address on the reverse olthis !:Irrn so thaI we can return this card to you. . A"ach this lorm \0 the Ironl 01 the mailpiece, or on the back il space docs not permil. . Write 'Return Receipt Requested' on the mailpieco below the article number, . The Relum Receipl will show 10 whom the article was delivered and tho dale delivered. 3. Article Addressed to: 1-\ e.(\ i - \ r, 'S (Y)o.--e n-a--d 4-;;1..5 ?4t.J()!t.? 'Dr"J.e- (Y\~f},t<" ,e:. S hi 'J ffi /{06'5 5, Received By: (Pn'nt Name) r' .J(' /33 /0/ .. .., I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2, 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number )?i Certlfiod o Insured o COD Domestic Return Receipt .... o u ~ a: t"l" E a ~ a: ~I ... o u ~ a: E , t;~'I,T"'; ;~]rc~rtHi~drJ en o Express Mail 0 Insured . o Return Receipt for Merchandise 0 COD .,. Dale 01 Delivery )<7-, ........0... 4b, Service Type o Registered 1-:;;'- / 0)...-- e, Addressee's Address (Only if requested and leo is e'!id) " Domestic Return Receipt ~ u '~ ~ en ." en ." ~ "110JO~U4S0d (..) .... $ S"=, l' eClr\Sod 'Y.L0l ~ o ssawts,ll8tSLWtl'..a ).. 'lUX/MClI~~~~. ptJlM!tO "110" ~ - OI~td~wnl8ij m '" N.:I ,(sQAIGO PO~ISlil\:j eo.:l,(so"!I"OIWPll<!s --I.. <:> (> OIl.:lP'Y!I.lIiO ;:. .. c . .t: .... y.":'> 't01 EE'i:-2.f12 d ~ u .~ ~ en , o >- .. c . .t: .... , ::":" i , I , <' , , , , ( : o. j , , c O' , r-.J ....., - , -CJ ..<')1 ~ ~ \ '" ~ ~ ':\'"" "'" h,.. - ~ .... <:) -:;,- ~~ ~'<::;- d.~"'--<.. ~ "" In .~ ~ ?::J j.., ~ r\.(. "'- . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1996-05556 P COKKONWEALTH OF PENNSYLVANIA I COUNTY OF CUKBERLAND HOUSEHOLD FINANCE CONS DISC CO VS. KOREHEAD HENI-IRIS ET AL R. Thomas Kline . Sheriff, who being duly sworn according to law, .ays, that he made a diligent search and inquiry for the within named defendant, to witl KOREHEAD JAKES BARRY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LEBANON to serve the within COKPLAINT - KORT FORE County, Pennsylvania. On October 30th. 1996 . this office was in receipt of Pennsylvania. the attached return from LEBANON County, Sheriff's CostSI Docketing Out of County Suroharge LEBANON COUNTY 6.00 9.00 2.el0 27.45 So answers I / /' . ./ / /;:::/ C. /'. // /1 /~,/t.;-;-.:~I.:"" ...../_/"r----' H.' Thomas Kline, Sheri~t 644.45 KCCABE WEISBERG CONWAY WATSON 10/30/1996 Sworn and subscribed to before me this 1__ day of -n.,,~ 19 'It.. A.D. \..'-~{L "tt!.dL 'l~' v I:'rothonotary COMPLAINT & NOTICE No. 96-5556 CIVIL TERM Lebanon, PA, October 29, 1996 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY (RETURN TO CUMBERLAND CO. SHERIFF) vs. JAMES BARRY MOREHEAD DOCKET PAGE 10321 STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: Danny L. Heilman, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within COMPLAINT & NOTICE upon JAMES BARRY MOREHEAD, the within named DEFENDANT, by handing a true and attested copy thereof, to him, personally, on October 21, 1996, at 1:47 o'clock P.M., at his residence, 124 Lehman Street, Lebanon (City), Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me (' SO ANSW~R I '_0 -1/. !c r::t-Jk-U'1 (/\. l'TJ< DEPUTY. HERIF}"_ /..,of 4/= ,- / ~, f 1. 1/ L/ ," ,', fI' '/ ' .; ') ~ -,' ,.. --, '.-- . ,,'" !,...($rl-C,",'~ __ . .J.:... ');1 ~ cr- SHEkcI-FF CJ ,h.>" " this 29th day of October, A.D., 1996 '-.. / -- t . . j':" \.---:'1'1, , , " Notary Public '1"'C)iL,~\!:.L SEA.L i-:ic1 :.. '.:' ;.;.;,';~'~. ~j,~:~...! ~J~':c L~t;:.C!,. t.~:~..;. ',.U',iy .,~, v~ (.('1.1'::~\~': t,;.r,=':l .l.Jt,j\i ~ ',lJ93 SHERIFF'S COSTS IN ABOVE Advanced costs paid on 10/21/96 Check No. Costs incurred: Refund: Check No. 3182 PROCEEDINGS 15087 Amount Amount Amount 75.00 27.45 47,55 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. ___Sec. 2, Act of June 20, 1911, P.L. 1072 I _f r .. C -i ,. ... f 1... nine ....cun CT .::mrnC~i t1::::'5 o. \..:.J~.'~:::~;rl:::n= \..=t),,;,;",oy, Hotsehold Finance Consumer,Discount Company 'is. James Barry Morehead ':I.' -::'~""I c.yl'/~-.i- -., .- -,,~.... ;0;0, q~-S~S6 Ci"il Tprm .~ ----1 .--- :iow, Oct. 15, 1996 :9_ !. s:~~: O=' C~G:::'=..!..~.....'TD CC)':"~':""YI ?-\..., co h=-...by c....;:c.= ::.: .::.="..:: oi Lebanon c"u::: :~ ===-..:.:.: ~ 'tV:::, :::.:: ~t:=:...-n ::~ -~..:- ~ = :-:='~ ::.d. :::k -:It ':;1..;_":::; -.--. ;>.-'~' ~ . ".",",..,;/: r )~;::,r;~'-.'?~';/~'- "1'::'~1--.::..(~ 54~":: ci C~er"~d C~c:Y. ?:1. Affida.vit or Se:-n= ;o;ow, ~9 -- o'':!cc ,,(, .-- --'-'" .-. wi..~;" -':'POll .. "=: ::::.:,.::-'5 :.0 .. '--,.: ot =: =:-=~ " :u:a -,,.:. "'=:.own :0 .-. .:==::== :,"':.:::=t.. So~~ ::-;....-:.:;' oi Cou::.:r. ?:.. =:~_6.,,!ci ~9_ COST.5 ~:;:3:VIC:: ),aw:,'.Cl:: 3 5wc= ze r..:bc-:b:d :de=:: ~j,-=:i:DA; 17 __.J....-----. s :_ --a McCABE, WEISBERG, CONWAY << WATSON BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 1608 Walnut Street, Suite 402 Philadelphia, Pennsylvania 19103 (215) 790-1010 Attorney for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY v, HENI-IRIS MOREHEAD JAMES BARRY MOREHEAD CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 96-5556 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA The undersigned, being duly sworn according to law, deposes and says that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Ci vil Relief Act of Congress of 1940 as amended; and that the Defendants, Heni-iris Morehead and James Barry Morehead, are over eighteen (18) years of age, and Heni-iris Morehead resides at 425 Pawnee Drive, Mechanicsburg, Pennsylvania 17055 and James Barry Morehead resides at 124 Lehman Street, Lebanon, Pennsylvania 17042, SWORN TO AND SUBSCRIBED BEFORE ME THIS J/tJ',~ DAY OF ;f..l.(L1J.cl.-"-:. , 1996, I ") :<.ttt.. ,I" /21, tTJ.-1.. NOTARY P LIC r LAUP/I 1\~~~~;~!~';;'~~:~~';:~-":I~V P(ibl.( -) . _. ~/:"~"::':;':~:r.~~;";',I,~:~,(_~'_;i: ;~;:I. ,', ,~':I:"_:.,.\~:),I:i~~(... ;/~ //L ~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary November 13, 1996 To: James Barry Morehead 124 Lehman Street Lebanon, Pa 17042 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY v. HENI-IRIS MOREHEAD JAMES BARRY MOREHEAD CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 96-5556 CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You ere to default because you hove foiled to enter 8 written appearance personally or by attorney end file In writing with the Court your defenses or objectlon~ to the claims set forth against you. Unless you act within tcn (10) doys from the date of this notice, 0 judgment may be entered against you without 8 hoaring and you may lose your property or other Important rights. You should toke this notice to 0 lowyer at once. 11 you do not hove 0 lawyer or cannot afford one, go to or telephone the following office to find out where you con get legal help: Usted so cncuentro en estado de rebcldlo per no hober prcscntedo uno comparccenclo escrlta, yo seo personolmente 0 por abogado y por no hober radicado por escrlto con cste Tribunal sus defensa5 U objeciones 0 los reclemos formulados en contra suyo. Al no tomor lo occion debido dentro de diet (10) dins de 10 fecho de esto notificacion, cl Tribunal pedro, sin ~ecesidod de comparccer usted en corte u oir preubo olguna, dictor sentcncia cn su contra y usted podrla perder bienes u otros dercchos importantes. Debc llcvar cst a notificacion a un abogado inmed;otomcnte. si ustcd no tienc ebogado, 0 si no tienc dinero suficicntc para tal servlcio, vayo en persona o llome por telefono 0 la olicino, nombroda para overiguar si pucde conseguir asistcncia legDl. Court Administrator Cumberland County Courthouse Carl isle, PA 17013 (717) 240-6200 Court Administrator Cumberland County courthouse Corl isle, PA 17013 (717) 240.6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCabe, Weisberg, Conway & Watson, P.C. 1608 Walnut Street, Suite 402 Philadelphia, PA 19103 at this telephone number: (215) 790-1010 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Heni-iris Morehead 425 Pawnee Drive Mechanicsburg, Pa 17055 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY v. HENI-IRIS MOREHEAD JAMES BARRY MOREHEAD CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 96-5556 CIVIL NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Lawrence E, Welker prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J, McCabe, Esquire at (215) 790-1010, 'r ~ .... , :r ~ ~ ,-' '"\J .... "1 ~ ~. 2f. ~ \j <2 S \. '" .... .. - 'V' ..~ ~ \,..}? 1'" ....) ..., 1 '\ J '1 .... '" "" S ~:;~~r' \'1- I" .. -l --J e, l ~ "- ~ >- >- c:; c: j::= c'~ .-( I.U s:"' . ;; 0 i i:C ,... ::j Ll_,' 0" .'.'; , '. :") 0' I W' , 0' ,~_!J , -- '-'- .. ',-,- - , .' - , t.1- G' .~j 0 ~) ".,~ 4.1~ ed1~ae~d a.PJEdas aT1J '.1~ xapu1 OL ".s1T JO sa1do~ JnOJ ^Tddns '.S1T ^.TPuos~ed ^4.6uaT JI "(6GT( "ON 'd'J'~Pd) d14s~aUMO JO .1^PP1JJP JO ^do~ pUP TPU161~0 UP pUP s.uawa^o~dw1 6U1pnT~u1 U01.d1~~sap JO sa1do~ X1S ^Tddns '^.~edo~d TPa~ JI :sa~ON ". McCABE, WEISBERG, CONWAY & WATSON BYI TERRENCE J. McCABE, ESQUIRE Identification Number 16496 1608 Walnut Street, Suite 402 Philadelphia, Pennsylvania 19103 (215) 790-1010 Attorney for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY v. HENI-IRIS MOREHEAD JAMES BARRY MOREHEAD CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 96-5556 CIVIL AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 31st day of December, 1996, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on the following lienholders: National Central Bank Lancaster City, PA Boscous P.O. Box 4274 Reading, PA 19606 Occupant(s) 425 Pawnee Drive Mechanicsburg, PA 17055 Copies of the letters and certificates of mailing are attached hereto, made a part hereof and marked as Exhibit "B." c // ( TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS "/" DAY OF >i;., ".J. , ,1996. - / .' ;:, /"1 ;' ,_~,:l.(..."~___ "J'-",(,^~ /I',,-,:.:.t ('I NO~.2~J..BLIC " 3.. [ ",j'",<:.,- ',1.\, 'J LAUfll, lit UJ r,' ...! ~)~ ::: r, f~'.. y \ ';ot':I( c,; III \'1'I~Hk'l;r,1'I i", '_"" or', '~yc""~"",!,;'?,.'..'.,,:'':','.''''''''.'',,,. " >- Cl i~ C0 c: j::-.: N '.,. IlJC~ <-J["" .~~ u:: ~i~ ~ I:,j r:: ,., ;" .le. I ~ :.:.;. u:U. "-,'; .;jlj r~- ::L . u.. r- ~j 0 {.~ (,) .' belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. IJj31/c(& DATE L7 ,J././\... / I (, TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff >- (n - 0: I.:: c. ~'; ~ .:..r, ~c ~.,. -: , :'!~ [E' , ~;. '.1.. ':j (, .-") -) , ~~;;~.; :,; !iij Lc.. :> '-L. ...: . . LL r- ::1 0 cr ~J ,. .' , ALL T1IAT cortain pioco lll' p,"cd of lalld ,iluate a",{ designated as Lot 1'\0, 13. BI"ck "0", of Plan 1\0, 2 of Indian Croek. a, propMod b~' 0,1', Rl\fl~nsporger, Registered Surveyor. daled Febnlal)' 11. ]%9. in Plan BOllk 21, Pago 13, Said tract is located in Hampden Township. Cnlllberland Counly. POlulSylvania, BEGINNI1\G lit II poinlun tho West sido uJ' l'a'.\11ee Dri'e. said poinl being a distance of 23\.0 feet south of the intersection of the \\'esl side of Pawnee Drive and the S,)uth side of Osage "'a~': thence by ~1e "'ost side of Pawnoe Dril'e b~' a cur"c to the right have a radius of870,O feet an arc length of93,() feel to a JlOinl at the line of Lot 1\0, 12: thence by the same North 88 degrees 57 minntes 24 seconds WesI, a distance of 150,0 feel to a point at other lands now or late of Realty Company of PelUlsyll'ania: thence by same l'\orth 02 degrees 01 minutes 09 seconds West, a distance 01'76.93 teet to a point at the line of Lot No 14; thence by sallle North 84 degrees 55 minutes 07 seconds East, a distance of 150,0 feet to the place ofBEGll'\1\lNG. EXHIBIT "A" HA VI:>:G THEREON ERECTED a dwelling hOllse known as No, 425 Pawnee Drive, L1'DER AND SUBJECT, ne"ertheless. to easements, restrictions, reservati,"B, conditions and rights of way of record, .' ,.11I You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on Julv 7. 1997. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after Julv 7. 1997. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 ~ 0' r C ~ '.'.,.;( uJ(} ~ 3~~ 0....'. CO 0:.-:-. f.~. "'.3 U-f' ~{- ,q )}~ I ,-.;.':: LJ..\U -/ ri~:' _:111 t:~~ .,1 .~O- l'_ r- ::-"::J () cJ' 0 .... \ L1'o:DER AND SUBJECT. neVer1helo~s. to easements, restrictions, reservali,)11<, conditions and rights of way of record, ALL THAT cortain piece 01' parcd uf land situate alld desigllated as Lut 1'0:0, 13. Uk,ek "0", of Plan 1'0:0. 2 of Indian Crook. as prepared b~' D,I', Ranonsperger. Registerod Surveyor. dated February 11. 1969. in Plan Book 21, Page 13, Said tract is loeated ill Hampden Township. Cllmberland County. P.,",sylvania, BEGINNING at a pClint un tho West side of l'a'.\11"" Drive. said poillt b.ing a dislc\nce of 231.0 I;'ot south of tho illtorsectioll of tho West sid. of I'awlloe Drive and the Scm;h side of Osage Way: thonce by the West side of Pawne. Dril'e hy a e",Yo to the right have n radiu~ 01'870,0 feet an arc length of93,U fOetto a point atlhe line "I' Lot 1'0:0. 12: thence by the same North 88 dogrees 57 minutes 24 seconds WeSt. a distance of 150,0 feel to a point at other lands now or late of Realt)' Compan)' ofPetUlsyll'ani:!: lhJnoe by same North 02 degrees 01 minuteS 09 seconds West. a distance 01'76,93 feet to a point at the line of lot No 14; thenoe by ,;Imo North 84 degrees 55 minuteS 07 seconds East, a distanoe of 150,0 l;'et 10 the place of BEGIN NINO, HA VI!'>1G THEREO!'>1 ERECTED a dwelling house kJlO\\11 as No, 425 Pawnee Drive, McCABE, WEISBERG, CONWAY & WATSON BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 1608 Walnut Street, Suite 402 Philadelphia, Pennsylvania 19103 (215) 790-1010 Attorney for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY v. HENI-IRIS MOREHEAD JAMES BARRY MOREHEAD CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 96-5556 CIVIL PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER 8. Admitted. 9, Denied. Paragraph nine (9) is denied as conclusions of law to which a responsive pleading is not required. 10. Denied. It is denied that the Debtor has significant equity as set forth in her schedules estimating her approximate fair market value of her residence and approximate mortgage balances. Further, paragraph 10 is denied as a conclusion of law to which a responsive pleading is not required. 11. Denied. It is specifically denied that Debtor has made post petition payments. Wherefore, Movant respectfully requests that it be granted its Motion for Relief from Automatic Dated:~b~/~/Ij;?~ >- ,'J (: cr, c: ~( ~.. ~; ) UI!~ ff~~' .1....: 1I.:; , , 9(' "'-. O{I'~ c. '!~j ::e U::', " ':/t;:j , =-) : '.I~'- f" .. u_ r- :~ Co C' 0 . , 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Household Finance Consumer Discount Co. 961 Weigel Drive P.O. Box 8632 Elmhurst, IL 60126 Boscous P.O. Box 4274 Reading, PA 19606 P.A. Power & Light 1801 Brookward Street Harrisburg, PA 17105 4. Name and address of the last recorded holder of every mortgage of record: Name Address National Central Bank Lancaster City, PA Household Finance Consumer Discount Co. 961 Weigel Drive P.O. Box 8632 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of Plaintiff has knowledge who has may be affected by the sale: every other person of whom the any interest in the property which Name Address Occupant(s) 425 Pawnee Drive Mechanicsburg, PA 17055 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. Section 4904 relating to unsworn falsification to authorities. 1 /'31 /71 DATE I ( o (ce TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff ALL THAT c~rtaill pit:c~ or p3l'cd of land f,illlal~ ,Illd d~~igllat(:d as Lot ('\0, 13, Bl\)ck "0", of Plan t\o, 2 of Indian Creek," prepared h\' [),P, Ranensperger, Registered Sur\'eyor, dated Fd,ruary 11, 1969, in Plan BOOK 21, Page 13, Said tract is located in Hampden Township, Cumberland County. Pe'lIlsyll'ania, BEGINNING ill ~l p'Jint UI1 th~ \\'~st ~id~ u1" p;\I.\ll~-': Dri\'~, ~aid point bdng a di~t:tl1~t: uf 23\.0 teel soulh of tho inlersecliw oftlte W~sl sid~ of Pawnee Dri\'e and the South side of Osage II'a\,; theuce hI' ~1<l II'est side of Pawnee Dril'e It\' a cur\'e tll the right ha\'~ a radius 01'870,0 t~el an arc I~ngth 01'93.0 teel 10 a poiUI at tlte line of 1.011'\0, 12~ th~nce by Ihe same North 88 d~grees 57 minul~s 24 seconds \\'e,t. a distance of 150,0 f~el to a point at other lands now or late of Realty Company of Pe'Ulsyll':lIlia; th~n~e by same North 02 degrees 01 minules 09 se~onds \\'esl, a distance 01'76,93 teello a pc,int allh~ line of Lot !\o 14; then~e by s"me North 84 degrees 55 minutes 07 seconds East, a distan~e of 150,0 f~el to the place ofBEGll'\l'\lNG, HA V1!'JG THEREON ERECTED a dwelling house Known as No, 425 Pawnee Dril'e, L:J\DER AND SUBJECT. nel'ertheless, 10 easemenls, restrictions. reservati."", condilions and rights of way of record, ."""'/H I:' R' ~1'" ~r. 'f'..... JJ fl ~~Yl J~">. . i.."Tt~ J. . HAn ifdl'. .. d, '. McCABB, WEISBBRG, CONWAY & WATSON BY, TERRENCE J. McCABE, ESQUIRE Identification Number 16496 1608 Walnut Street, Suite 402 Philadelphia, Pennsylvania 19103 (215) 790-1010 Attorney for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY v. HENI-IRIS MOREHEAD JAMES BARRY MOREHEAD CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 96-5556 CIVIL SUPPLEMENTAL AFFIDAVIT OP SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 31th day of July, 1997, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on the following lienholder: P.A. Power & Light 1801 Brookward Street Harrisburg, PA 17105 Copies of the letter and certificate of mailing are attached hereto, made a part hereof and marked as Exhibit "B." ~..&--I? L- TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWOPE TO AND SUBSC~IBED BEFJ&E ME THISJ/9f' DAY OF ~!l ' 1996. l'J/.d ,~ NOTAR:~LJ:C ' TAAC~OT ARIAL SEAL M City of Phi~'d~;~~;a N~~~( PCUbliC CommisSion Ex .' 0' a. Ounty Iros ct. 23, 2000 McCABE, WEISBERG, CONWAY & WATSON BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 1608 Walnut Street, Suite 402 Philadelphia, Pennsylvania 19103 (215) 790-1010 Attorney for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY v. HENI-IRIS MOREHEAD JAMES BARRY MOREHEAD CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 96-5556 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Heni-Iris Morehead 425 Pawnee Drive Mechanicsburg, PA 17055 James Barry Morehead 124 Lehman Street Lebanon, PA 17042 Your house (real estate) at 425 Pawnee Drive, Mechanicsburg, PA 17055 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on June 4, 1997, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $103,929.74 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Household Finance Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY Ah~ YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until th~ full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on Julv 7. 1997. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after Julv 7. 1997. 7, You may also have other rights and defenses, or "Jays of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYI,VANIA 17013 (717) 240-6200 /' , -~ - ./" -- r...' ........., You may need an attorney to assert your rights, The sooner yo~ contacc one, che more chance you will have of stopping the sale. (See the following notice on how to obtain an attor~ey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY Ah~ YOU HAVE OTHER ~IGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition che Court to set aside the sale if the bid ~rice was grossly inadequate compared to the value of your property. 3, The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amounC due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5. You have a right to remain in amounc due is paid to the Sheriff to the buyer. At that time, proceedings to evict you. the property until the full and the Sheriff gives a deed the buyer may bring legal 6. You may be entitled to a share of the money which was paid for your real estate, A schedule or distribution of the money bid for your real estate will be filed by the Sheriff on Julv 7, 1997. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days arter Julv 7, 1997. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 ~ Notes. It real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. - , - -. ALL THAT c~r1"ill piece or parcel oflalld ,ituat~ alld d~sigualed as Lot 1\0.13. Block "0", of Plall No, 2 of IlIdian Creek. as propared b,' D,p, Raff""sp,,rger. R"gi,'tered SlIrI'''yor. dat"d Febnlal)' II, 1969, in Piau Book 21, Page 13. Said tracl is located ill Hampden TOIVn,hip. Cumberland County. p"IUlsylvallia, BEGlNNING.1 a pClint ou the W.sl sid" 01'1';1'.111"" Dril'e. said poil1l b"ing" dist,"c" u1' 231.0 le,,1 sonlh Oftll" inler,,,ction ofth" W"st ,id" ofmwlI"" Driv" and th" SI1Utll sid" of O'age Wny: thence by tlle We" side of Pnwnee Drive by n curv; to the right have n radin, of870.0 feet an arc I"ngtll of93,O f"et to a point nllbe lille of Lot No, 12: lhenc" by tb" ,am" North 88 d"gr"es ~7 minutes 24 second, W"st.. di,tanc" of 150.0 feet to. point.t other I.nds nolV or late ofR"alt)' Comp'IllY ofPeIUlsyl\'ania: th"nce by same Norlh 02 d"grees 01 minnl"s 09 second, W",t. . distanc" 01'76,93 te"t to. pI)int at the lin" of Lot 1\0 14; thence by ,.Ime Norlb 84 degree, 55 minn!", 07 seconds Enst, n distnnce of 150,0 f"etlo the pl.ce ofBEGI1\NING. HAVING THEREON ERECTED n dwelling hOllse known as No. 425 P,lwnee Dri\'", L!1\DER AND SlIBJECT, uevenhel.". to e",emonts, restriction" reserv.ti,)ns, condition, and righl, ofw.y of record. c, ;- , I" '" , ' r, L. ~ l: V; Ll ~ ~~ . _\:~'1 -;5. t; ~"0l.c;i=~ ~(~ . ? j ......... ,-L ...,J "" \'- . ___ f) ......... c::, ~ '-.Sl......... ., . <s-.. t') '..... -- ,\f'> c;>> ~~ ~\~ .,~--,,' 8~ \\n ~ .0 \. rt -::::\- ~\ ~ c::) - ., , (' 1\: ( I)' ,- L,_ e l' , v' u~ n ~;) u v' 0 ... McCABE, WEISBERG, CONWAY & WATSON BY, TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 S. Broad Street, Suite 2080 philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY v. HENI-IRIS MOREHEAD JAMES BARRY MOREHEAD CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 96-5556 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Heni-Iris Morehead 425 Pawnee Drive Mechanicsburg, PA 17055 James Barry Morehead 124 Lehman Street Lebanon, PA 17042 Your house (real estate) at 425 Pawnee Drive, Mechanicsburg, PA 17055 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on December 8, 1999, at 10:00 a.m. in the commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, 11- Pennsylvania 17013, to enforce the court judgment of $103,929.74 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Household Finance Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~ You may need an attoI'n~~' t~ assert your rights. The sooner you contact one, the m~rc cnance you will have of stopping the sale. (See the followlng n~[ICc on how to obtain dn attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU MAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the h.ghest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price wall grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on January 7. 2000. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after January 7. 2000. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 '.',' (< l'- ", " l.' I V, (~ \ (i'l ~. j ToRRENCEJ,McCABE '-"..... Gi'HC(.S McCABE, WEISBERG & CO;\jWAY, r.c. ~L.ln: 2050 tltt':.~ L.',"iO~ BLILm~G l2J \()t,!H ~((O^D STREB PUILAntlr'HLo\. PES"SSYLVAS1A :~I09 (;1,,790-1010 .-,,\(11'1)"190-1214 SUITE IlO) 52 V ANDERBIL T A VENUE NEW YORK. NY 10017 (212)697.0011 FAX (212) 9l).0986 SUITE 600 216 HADDON AVENUE WESTMONT. NJ 08108 (609) 8l8.7080 FAX (609) 8l8.7020 September 1, 1999 occupant(s) 425 Pawnee Drive Mechanicsburg, PA 17055 Re: Owners: Heni-Iris Morehead and James Barry Morehead property: 425 Pawnee Drive, Mechanicsburg, PA 17055 Dear Sir or Madam: The above-captioned property is scheduled to be sold at the Sheriff's Sale on December 8, 1999, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, pennsylvania 17013-3387. Enclosed please find Notice of Sheriff's Sale of Real Property. Our records indicate that you may have an interest in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Very truly yours, ~o/ Mtj!~i( TJM/nas Enclosure t, (', " I ( I" ", " ,-'', , " , '-, >- M r= ~ ~ 2: I-' .. :::>,,; w~::: <Xl O2 (J.....~ ::c 0;:;: c: ';~ -= ')~ '.l...c' 'T':', M :-~cJ) Cl~:. N S-~ WJ-_ (I: d.i .-11[1 ::- .U CL :i_ ~ mo.. j., ::iE 15 en ::) 0"1 U .... , ,. McCABE, WEISBERG, COllWAY & WATSON BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 S. Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY v. HENI-IRIS MOREHEAD JAMES BARRY MOREHEAD CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 96-5556 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 425 Pawnee Drive, Mechanicsburg, PA 17055, a copy of the description of said property is attached hereto and marked Exhibit "A," 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Heni-Iris Morehead 425 Pawnee Drive Mec~anicsburg, PA 17055 James Barry Morehead 124 Lehman Street Lebanon, PA 17024 2. Name and address of Defendant(s) in the judgment: Name Address Heni-Iris Morehead 425 Pawnee Drive Mechanicsburg, PA 17055 James Barry Morehead 124 Lehman Street Lebanon, PA 17024 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. Section 4904 relating to unsworn falsification to authorities. ~~ ~~vY~~~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff DATE EXH\B\l "~' ALL THAT c~r1"in piece or parcel of land situate and designated as Lot No. 13. lllock "0", of Plan 1\0. 2 of Indian Creok. a' proparod by D,P. Ran.nsporgor, Rogistered SlIri'eyor, dated Febnlary 11,1%9, in PI.n Book 21, Page 13. ,S.id tract is located in Hampden Township. Cnmberland Connly. POIUlsyl"ania, BEGINNING at a puint onlh. W.,I sid. or PIl'.\l1." Dri".. ,,,i,1 pllinl beillg " dislanc. or 231.0 f"el sonth of iiI. intu".ction o1'lhe Wesl sid., of Pawnee Drive and the SOUUl sid" of Osage Way; thence by Ule West side of Pawne. Dri"e by a curv. to the right have a r"dius 01'870.0 feet an arc lengul 01'93.0 reetlo a point at the line ofLol No. 12; thenc" by the same North 88 degrees 57 minutes 24 seconds West. a distance of 150,0 feet 10 a point at olher lands nolV or late of Renlty CompllllY of PelUlsylvania; th"llce by same North 02 degree, 01 minutes 09 seconds West, a distance 01'76.93 feet to a pl1int at the line of Lot !\o 14; thence by S'll11e North 84 degrees 55 minntes 07 seconds East, a distance of 150,0 feet tll the place of BEGINNING, HA \lING THF.REON ERECTED n dwelling house known as No. 425 P"wnee Drive, LrJ'DER AND SUBJECT. nevertheless. to easements, re$trictions, reservati-ms, conditions and rights ofw.y of record, '. .' McCABE, WEISBERG, CONWAY & WATSON BY, TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 S. Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY v. HENI-IRIS MOREHEAD JAMES BARRY MOREHEAD CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 96-5556 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Heni-Iris Morehead 425 Pawnee Drive Mechanicsburg, PA 17055 James Barry Morehead 124 Lehman Street Lebanon, PA 17042 Your house (real estate) at 425 Pawnee Drive, Mechanicsburg, PA 17055 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on December 8, 1999, at 10:00 a.m. in the commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, 11- pennsylvania 17013, to enforce the court judgment of $103,929.74 obtained by Household Finance Consumer Discount company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFP.'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Household Finance Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ; You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on Januarv 7. 2000. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after January 7. 2000. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 h-r-~ ~""'~~~r'" ?\-'~I7" ':1"l L/3 On ~ ? 1'7 'i the sheriff levied upon the defendant~, Interest in the real property situated inJLj1-L- ~~..~ Cumberland County, Pa., known and numbered as: %1.1' ;t..,."" L..~ /fi/u1.._o .-1.., and more fully described on Exhibit "A" filed with this writ and by this relerence incorporated herein. fla1e:,4a#: ,I.- ?, frr ayjJ, 5~ :f:4 :a :;{::t A S'l <<;:;;J , ~ ~- IiVti.J V'/ ~,v, I\l~,~ :'/ W] d ,,(,",,\ E6. IJU &1 &' " , ~ .as . , :i.:Ji'b;/f'-' j' ' Ii'" ... '~.L.JlJ.'; . t;J ~'?I~.#) " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), p, L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss, Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 22, 29. NOVEMBER 5, 1999 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that hc 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. REAL ESTATE SALE NO. 43 Wr1t No, 96-5556 Clvtl Household Finance Consumer Discount Company VS. HenHns Morehead and .James Barry Morehead Ally,; Terrence J, McCabe ALL TIlAT certain pJccc or parcel orland SlttJfltc .1Ile! dcslglliltccl i1S Lot No, 13. Dlock "G", of Plan No.2 of IndIan Creek. ilS prc!>;'Ired hy D P Iltafrcl1spcr~cr. Registered Sllrvcy~r' (.lIed F'CI~m;uy J I. IDGD. In Plm; Book 21, rage 13. Snld !rolet Js 10C,lI- ee! In I flllnpdcn Township, Cumber- land Coullty, Pt'llllsylwHlla, , 13EGINNING <H a pOint 011 the \\cst slele of Pawnee Drl\'e. S<lJd pOint belnl{ a dlstnnce of 231.0 feet south of the Intersection of rile West side of . ell' nr '~)71/1 Roge M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this ~day of NOVEMBER. 1999 ~-<~) L SEAL lOts E, SNYDER, Note'Y Public Carini. Bom, Curnborkmd County, PA My Cornmi...Ofl Expirlts March 5, 2001 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Aet No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : 55. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the loeal courts as the official legal periodical for the publication of all legal notices, and has, sinee 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: OCTOBER 22, 29, NOVEMBER 5, 1999 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 aU allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 43 Writ No, 96-5556 Civil HouscllOld Finance Consumer Discount Company VS, Iienl-Ins Morehead and James Barry Morehead Atty,: Terrence J. McCabe ALL THAT certain piece or pflrcel of land situate and designated as Lot No, 13. llIock ~G", of Plan No, 2 of Incllan Creek, as prepared by 0 P Raffensperger, RC~lstcrcd Sur\'cy~r' dilled Fcbmary II W69 111 1'1' ' B k 21 I) . , ,Ill 00 ,age 13. SaId traclls locat- ed In J fnmpdcn Township, Cumher- land County, Pcnnsylv,lIlJa, BEGINNING at n pOint 011 the West side ofPawllce Drive, said pOJnt being a distance of 231.0 feet south of the Intersection of the West side of .. 0 Rage SWORN TO AND SUBSCRIBED before me this ---L-dayof NOVEMBER. 1999 L SEAL I.Ot& E. SNYDEft:, Notary Pub*c Cortrsl. 80m, Cumbllliond Coont)', PA My Comminion Expire" h\orch 5, '2001 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No,587, Aooroued May 16, 1929 Commonwealth 01 Pennsylvania, County of Dauphin} ss Michael Morrow bei.ng duly sworn accordi.ng to law, deposes and says: That he is the Assistant Controller of THE PATRIOT-NEWS CO" a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principai office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and pubiisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, In the City, County and State aforesaid; that THE PATRIOT.NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday and Metro editions/issues which appeared on the 26th day of October and the 2nd and 9th day(s) of November 1999, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of a phin in cMiscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE #43 swornl to and subsaribe<i ,before m Tcrr'{ l. 11I:S:~",\II, r~0,IJI'" Put,lie t~J.:~I'jbur~, [l:IU;:!I'fl Co:mw My CD:1H:';<;'C':l Enn,Y; ,]t:r,Q G:~r 2 - .:;-'"l REAL ESTATE SAU, No.. I Wrlt No. 96-5556 'I . Civil Term :' Household FInance . Consumer DIscount co.! , va HanloJrla Morehead "J ,James Barry Morehead~ Atty:Terrence J. McCabe' DES~IPTION ,i ALL THAT certa pleoo or parcel of land slluate and d slgnated as l.Ql. No. 13, Bloc:l< "G', 01 Ian No.2 of radian Creek, as P pared by O.P. Raffensperger, Registered SUMlyor, dated February 11, 1969, In Plan Book 21, Page 13, said tract Ia located In Hampden Township, Cumberland COUnty, Pennsylvania. BEGINNING at a point on the West side of Pawnee Drlve, aald point being a isher's Receipt for Advertising Cost riICltAnt'A nf ':\1 ,0 fAAt f;(')uth of the THE PATRIOT.NEWS CO., publisher of THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies Ihat the same have been duly paid. THE PATRIOT-NEWS CO, MoJrnt:er, 1'~:"~lSYNar.:a (..s:;CClall"n 0: No!afles My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE COURTHJUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 265.50 1.50 267,00 By",...,..,.."""..."",....,..,.."...,....,..,',......"....,"'