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HomeMy WebLinkAbout02-5313McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IL 60126 Bonnie J. Bardell 132 Channel Dr. Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth m the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Le han delnandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de Ia fecha de la demanda y la notificacion. Hace fa]ta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a Oavor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TiENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 {215) 790-1010 Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IL 60126 Bonnie J. Bardell 132 Channel Dr. Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Bonnie J. Bardell, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 132 Channel Dr., Carlisle, PA 17013. 3. On 07/13/2000, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1625, Page 966. 4. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 132 Channel Drive, Carlisle, PA 17013. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/13/2002 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. 6. The following amounts are due on the mortgage: Principal Balance $ 69,879.15 Interest 04/13/2002 through 09/06/2002 $ 3,422.38 (Plus $ 21.02 per diem thereafter) Attorney's Fee $ 3,493.95 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 77,345.48 7. 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. 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $77,345.48, together with interest at the rate of $21.02 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. VERIFICATION The undersigned, George Hernandez, hereby certifies that he is the Foreclosure Specialist of the Plaintiff in the within action, ~~\~T~t~] ~~ ~nd that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. George Hernandez ,/ DESCRH'TION ALL THAT CERTAIN property situate in thc Township of North Middleton, County of Ctllnb~rlalld and State of Pennsylv~nis, bol~llded and desc, n~d as follows: BE/3INNING at a strife on the Northeast comer of Channel Drive and a 33 foot proposed street; thence along the East side of the 33 foot proposed street North 62'degrees East, a distance of I$0 feet to a stake; thence along lands now or formerly of the Grantor, South 28 degrees East, a distance of 150 feet to a stake; thence by same, South 62 degrees West, a distance of 150 feet to a stake on the North side of Ch.nnel Drive; thence along Channel Drive, North 28 degrees West, a'dist~,e~ of 150 fee~ to a stake; the place of be~innlnoo ~ colltainil~ 22.500 square feet, more or less. Tax Parcel #1%1581 Parcel 029 SHERIFF'S CASE NO: 2002-05313 P COMMONWEALTH OF PENNSYLVANIA: cOUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER RETURN - REGULAR VS BARDELL BONNIE J Sheriff or Deputy Sheriff of DAVID MCKINNEY , Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARDEIJ, BONNIE J the DEFENDANT at 2027:00 HOURS, at 132 CH3LNNEL DRIVE CARLISLE, PA 17013 on the 19th day of November , 2002 by handing to BONNIE BARDELL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~2~ day of ~}~~ le~-- A.D. ~P~othonetary So Answers: R. 'Thomas Kline 11/20/2002 MCCABE WEISBERG CONWAY ~ Deputy S[leri'~f '~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount: Company : : V. : : Bonnie J. Bardell : Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02-5313 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 9/7/02-3/5/03 TOTAL AND NOW, this $ 77,345.48 $ 3,762.58 $ 81,108.06 ER~CE ~. ~ABE, ESQUIRE day of ~,~~2003, Judgment is entered in favor of Plaintiff, Household Finance Consumer Discount Company and against Defendant, Bonnie J. Bardell and damages are assessed in the amount of $81,108.06, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERa AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Nun%ber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount: Company : : V. : : Bonnie J. Bardell : Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02-5313 Civil Term 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 Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Bonnie J. Bardell, is over eighteen (18) years of age, and resides at 132 Channel Drive,Carlisle, PA SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th DAY OF MARCH, 2003. NOTARY PUBLIC 17013. TERREN~E J. MCCABE, ESQ~E Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount: Company : : V. : : Bonnie J. Bardell : Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02-5313 Civil Term CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". TERR~.~CE ~.- M~CABE,~QUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th DAY OF MARCH, 2003. NOTARY PUBLIC Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 January 13, 2003 To: Bonnie J. Bardell 132 Channel Drive Carlisle, PA 17013 Household Finance Consumer Discount Company VS. Bonnie J. Bardell Cumberland County Court of Common Pleas Number 02-5313 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 TJM/cc NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber presentado una comparecencia eserita, ya sea personalmente o por abogado y por no haber radicado por escrito con este Tribunal sus defensas u objeciones a los reclamos formulados en contra suyo. Al no tomar la aceion debida dentro de diez (10) dias de la fecha de esta notificacion, el Tribunal podra, sin nocesidad de comparecer usted en enrte u oir preuba aiguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notification a un abogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente para tel servicio, vaya en persona o Hame per telefono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 EXHIBIT ':A" VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Bonnie J. Bardell 13.2 Channel Drive Carlisle, PA 17013 Household Finance Consumer Discount: Company : Bonnie J. Bardell : Cumberland County Court of Common Pleas Number 02-5313 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above procee~nd~at~. Curtis R. Long ~ -- 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount Co v. Bonnie J. Bardell CIVIL DIVISION FILE NO.: 02-5313 Civil Term AMOUNT DUE: $81,108.06 INTEREST: from 3/6/03-6/11/03 $1,293.01 at 13.33 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 132 Channel Drive,Carlisle, PA 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant (s) in the possession, custody or control of the said garnishee(s) . (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: March 5, 2003 Signature: ~. ~~ ~ ' Print Name: TERRACE ~. McCABE, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 Cl~ Cri~ ALL THAT CERTAIN property situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Northeast comer of Channel Drive and a 33 foot proposed street; thence along the East side of the 33 foot proposed street North 62 degrees East, a distance of 150 feet to a stake; thence along lands now or formerly of the Grantor, South 28 degrees East, a distance of 150 feet. to a stake; thence by same, South 62 degrees West, a distance of 150 feet to a stake on the North side of Channel Drive; thence along Channel Drive, North 28.degrees West, a distance of 150 feet to a stake; the place of beginning and containing 22,500 square feet, more or less. Tax Parcel #17-1581 Parcel 029 TITLE TO SAID PREMISES IS VESTED IN Bonnie J. Bardell, Single Person by Deed from Bonnie J. Bardell, Single Person dated 11/7/1983 and recorded 11/7/1983, in Record Book L30, Page 428. BEING KNOWN AS 132 Channel Drive,Carlisle, PA 17013. TAX MAP PARCEL NUMBER: 17-1581 Parcel 029 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5313 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT CO., Plaintiff (s) From BONNIE J. BARDELL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $81,108.06 L.L. $.50 Interest FROM 3/6/03 - 6/11/03 $1,293.01 AT 13.33 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $113.45 Other Costs Plaintiff Paid Date: MARCH 7, 2003 (Seal) REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 CURTIS R. LONG Deputy McCABE, WEISBERG AND CON-WAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount: Company : : V. : : Bonnie J. Bardell : Cumberland County Court of Common Pleas Number 02-5313 Civil Term 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 132 Channel D~ive,Carlisle, PA 17013, 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 Bonnie J. Bardelt 132 Channel Drive Carlisle, PA 17013 Name and address of Defendant(s) in the judgment: Name Address Bonnie J. Bardell 132 Channel Drive Carlisle, PA 17013 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 CDC Household Finance CDC 3453 Simpson Ferry Road Camp Hill, Pa 17011 25 Gateway Drive Gateway Square, Ste 107 Mechanicsburg, Pa 17055 AND 961 Weigel Drive P.O. Box 8604 Elmhurst, I1 60126 4. Name and address of the last recorded holder of every mortgage of record: Name Address Household Finance CDC 3453 Simpson Ferry Road Camp Hill, Pa 17011 Household Finance CDC 25 Gateway Drive Gateway Square, Ste 107 Mechanicsburg, Pa 17055 AND 961 Weigel Drive P.O. Box 8604 Elmhurst, I1 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 every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants (s) /Occupant (s) 132 Channel Drive Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 Commonwealth of Pa Department of Welfare P.O. Box 2675 Harrisburg, Pa 17105 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. March 5, 2003 DATE ~ER~.~C~ g~. M-cCABE, ESQUIRE Attorney for Plaintiff ALL 'THAT CERTAIN property situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Northeast corner of Channel Drive and a 33 foot proposed street; thence along the East side of the 33 foot proposed street North 62 degrees East, a distance of 150 feet to a stake; thence along lands now or formerly of the Grantor, South 28 degrees East, a distance of 150 feet to a stake; thence by same, South 62 degrees West, a distance of 150 feet to a stake on the North side of Channel Drive; thence along Channel Drive, North 28degrees West, a distance of 150 feet to a stake; the place of beginning and containing 22,500 square feet, more or less. Tax Parcel//17-1581 Parcel 029 TITLE TO SAID PREMISES IS VESTED IN Bonnie J. Bardell, Single Person by Deed from Bonnie J. Bardell, Single Person dated 11/7/1983 and recorded 11/7/1983, in Record Book L30, Page 428. BEING KNOWN AS 132 Channel Drive,Carlisle, PA 17013. TAX MAP PARCEL NUMBER: 17-1581 Parcel 029 EXHIBIT McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE .Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount: Company : Bonnie J. Bardell : Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02-5313 Civil Term NOTICE OF SHERIFF,S SALE OF REAL PROPERTY TO: Bonnie J. Bardell 132 Channel Drive Carlisle, PA 17013 Your house (real estate) at 132 Channel Drive, Carlisle, PA 17013 more fully described as attached) is scheduled to be sold at Sheriff's Sale on JUNE 11, 2003 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 $81,108.06 obtained by Household Finance Consumer Discount against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT T~!S SHERIFF'S SALE To prevent this Sheriff's Sale you must take ~mmediate action: The sale will be canceled if you pay to Household Finance Consumer Discount Co, 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. 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. 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 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. o 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. o 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. ' 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. 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. 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. 0 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 CAN-NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIN~ Ou'£ WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE 'Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount: Company : V. : : Bonnie J. Bardell : Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02-5313 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 22nd DAY OF APRIL, 2003, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 22nd DAY OF APRIL, 2003. McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount: Company : : V. : : Bonnie J. Bardell : Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02-5313 Civil Term 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 132 Channel Drive,Carlisle, PA 17013, 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 Bonnie J. Bardell 132 Channel Drive Carlisle, PA 17013 o Name and address of Defendant(s) in the judgment: Name Address Bonnie J. Bardell 132 Channel Drive Carlisle, PA 17013 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 CDC 3453 Simpson Ferry Road Camp Hill, Pa 17011 Household Finance CDC 25 Gateway Drive Gateway Square, Ste 107 Mechanicsburg, Pa 17055 AND 961 Weigel Drive P.O. Box 8604 Elmhurst, I1 60126 4. Name and address of the last recorded holder of every mortgage of record: Name Address EXNImT Househo 3453 Simpson Ferry Road Camp Hill, Pa 17011 Household Finance CDC 25 Gateway Drive Gateway Square, Ste 107 Mechanicsburg, Pa 17055 AND 961 Weigel Drive P.O. Box 8604 Elmhurst, I1 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 every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants (s) /Occupant (s) 132 Channel Drive Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 Commonwealth of Pa Department of Welfare P.O. Box 2675 Harrisburg, Pa 17105 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. April 22, 2003 DATE TERR . , UIRE Attorne[; for Plaintiff 6XHiBIT McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount: Company : V. : : Bonnie J. Bardell : Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02-5313 Civil Term DATE: April 22, 2003 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Bonnie J. Bardell PROPERTY: 132 Channel Drive,Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on JUNE 11, 2003, 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. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests 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. EXHIBIT "B" McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount: Company : : V. : : Bonnie J. Bardell : Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02-5313 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 9TH DAY OF MAY, 2003, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 9T~ DAY OF MAY, 2003. NOTARY PUBLIC TERREN~CE J. McCABE, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount: Company : : V. : : Bonnie J. Bardell : Cumberland County Court of Common Pleas Number 02-5313 Civil Term AMENDED 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 132 Channel Drive,Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." Name and address of Owner(s) Name Bonnie J. Bardell or Reputed Owner(s): Address 132 Channel Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Bonnie J. Bardell 132 Channel Drive Carlisle, PA 17013 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 CDC Household Finance CDC mortgage of record: Name 3453 Simpson Ferry Road Camp Hill, Pa 17011 25 Gateway Drive Gateway, Square, Ste 107 Mechanlcsburg, Pa 17055 AND 961 Weigel Drive P.O. Box 8604 Elmhurst, I1 60126 Name and address of the last recorded holder of Household Finance CDC Household Finance CDC EXHIBIT every Address 3453 Simpson Ferry Road Camp Hill, Pa 17011 25 Gateway Drive Gateway Square, Ste 107 Mechanlcsburg, Pa 17055 AND 96]. Weigel Drive P.O. Box 8604 Elmhurst, I1 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 every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants(s)/Occupant(s) Domestic Relations Commonwealth of Pa United States of America Internal Revenue Service United States of America United States of America Commonwealth of Pa Commonwealth of Pa Dept. Of Public Welfare Commonwealth of Pa Department of Revenue 132 Channel Drive Carlisle, PA 17013 Cumberland County P.O. Box 320 Carlisle, PA 17015 Department of Welfare P.O. Box 2675 Harrisburg, Pa 17105 Technical Support Grour~ ~Waialli,a~G,,r?n.Federal Bldg,Rm 3259 uvu -~kl~5ll Dtree[ Philadelphia, Pa 19106 C/o U.s. Attorney for the Middle District of Pa 235 North Washinmon Street Scranton, Pa 18503' C/o U.s. Attorney for the Middle District of Pa, Federal Bldg, 228 Walnut St, P.o. Box 11754 Harrisburg, Pa 17108 Inheritance Tax Office 1400 Spring Garden Street Phila., Pa 19130 Bureau of Individual Tax Inheritance Tax Division f F.lr;Straw~berry Square,Dept. # 280601 narnst>urg, t'a 17128 Tpl Casualty Unit Estate Recovery Program P.o. Box 8486, Willbw Oak Bldg Harrisburg, Pa 17105-8486 Bureau of Compliance Clearance Support Department 281230 Harrisburg, Pa 17128-1230 Attn: Sheriff's Sales 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. 9, 2003 t,__~RREN~J. MCCABE, ESQUIRE EXHIBIT ''~ftorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE j. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount: Company v. Bonnie j. Bardell Attorney for Plaintiff Cumberland County Court of Common Pleas Number 02-5313 Civil Term DATE: April 22, 2003 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF,S SALE OF REAL PROPERTY OWNER(S): Bonnie j. Bardell PROPERTY: 132 Channel Drive,Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff,s Sale on JUNE 11, 2003, 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. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests 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 b specified . e filed b D~o~--~=._L by the Sheriff not =~ .... Y the Sheriff on a date ........ uc~on w~ll be made in acc~ .... na~..30 days after sale. =Au=pclons are filed tN ....... v~=~cu wlEn the sch~- schedule ~=zeuo w~Enin 10 days after =~- ~=~= unless · une r~ling of the EXHIBIT "B" CD g ?,o~ :~. 000[3 BIT "B" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Household Fin C D C is the grantee the same having been sold to said grantee on the 1 lth day of June A.D., 2003, under and by virtue ora writ Execution issued on the 7th day of March, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5313, at the suit of Household Fin C D C against Bonnie J Bardell is duly recorded in Sheriff's Deed Book No. 257, Page 4758. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,_~ day of ~/9,d , A.D. 2003 Household Finance Consumer Discount Company VS Bonnie J. Bardell In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5313 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2003 at 7:48 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Bonnie J. Bardell, by making known unto Bonnie J. Bardell, personally, at 132 Channel Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2003 at 3:05 o'clock P.M., she posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Bonnie J. Bardell located at 132 Channel Drive, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Bonnie J. Bardell, by regular mail to her last known address of 132 Channel Drive, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Terrence McCabe for Household Finance Consumer Discount Company. It being the highest bid and best price received for the same, Household Finance Consumer Discount Company of 961 Weigel Drive, Elmhurst, IL 60126, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $734.38. Sheriffs Costs: Docketing $30.00 Poundage 14.40 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Certified Mail Levy 15.00 Surcharge 20.00 Law Journal 204.95 Patriot News 281.89 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 734.38 Sworn and subscribed to before me So_.q,Pa~w~s: This ~ ~ day of R. Thomas Kline, Sheriff 2003, A.D. ~.t..~- ~rdthonotary Real EstatL'4)eputy Real Estate Sale # 36 On March 12, 2003 the sherifflevied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA known and numbered as 132 Channel Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2003 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher 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/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. 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 Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .................................. ..~f/~ ~ ~. ...... - ........... C O P Y Sworn to and subscr~rr~hi~A.D. S A I. E 8'36 Notarial Seal Te~'Ty L. Russell, Nota~/Public My Commission Expir(~ June 6, 2ugh I ~,.., ~ ,",nT ~-uBLIC Member. pennsv~ni3 Assodation Of Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUN3Y COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs TO THE PATRIOT-NEWS CO. Dr. or pubhshlng the notice or publication attached hereto on the above stated dates $ 280.14 Pmba'in~ sam~ ~ · u ..... a~ Fee(s) $ 1.75 Total $ 281 89 Publishers Receipt for Advertming Cost publisher of The Patriot-News and The Sund~ Patriot-News, newspapers of genera receipt of the aforesad notce and publicaton costs and ce~ifies that the same have ~y .................................................................... 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. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ ~TAI~ SALE NO. 36 Writ No. 2002-5313 Civil Household Finance Consumer Discount Company Vi/, Bonnie J. BardeTM Atty.: Terrence McCabe ALL THAT CERTAIN property sit- uate in the Township of North Mid- dleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Northeast comer of Channel Drive and a 33 foot proposed street: thence along the East side of the 33 foot proposed street North 62 degrees East, a distance of 150 feet to a stake; thence along lands now or formerly of the Grantor, South 28 degrees East, a distance of 150 feet to a stake: thence by sarae, South 62 degrees West, a distance of 150 feet to a stake on the North side of Charmel Drive; thence along Chan- nel Drive, North 28 degrees West, a distance of 150 feet to a stake; the place of beginning and contain- hag 22,500 square feet, more or less. Tax Parcel #17-1581 parcel 029. TITLE TO SAID PREMISES IS VESTED IN Bonnie J. Barde11, Single Person by Deed from Bonnie d. Bar- dell. Single Person dated 11/7/1983 mid recorded 11/7/1983, in Record Book L30, Page 428. BEING KNOWN AS 132 Channel Drive. Carlisle, PA 17013. TAX MAP pARCEL NUMBER: 17-1581 Parcel 029. SWORN TO AND SUBSCRIBED before me this 9 .day of MAY, 2003 along the East side of the 33 foot proposed street North 62 degrees East, a distance of 150 feet to a stake; thence along lands now or formerly of the Gra~qtor, South 28 degrees East, a distance of 150 feet to a stake: thence by same, South 62 degrees West, a distance of 150 feet to a stake on the North side of Channel Drive; thence along Chan- nel Drive, North 28 degrees West, a distance of 150 feet to a stake; the place of beginning and contain- ing 22,500 square feet, more or less. Tax Parcel # 17-1581 Parcel 029. TITLE TO SAID PREMISES IS VESTED IN Bonnie J. Bardell. Single Person by Deed from Bonnie J. Bar- dell, Single Person dated 11/7/1983 and recorded 11/7/1983, in Record Book 1.30, Page 4~8. BEING IiNOWN AS 132 Channel Drive, Carlisle, PA 17013. TAX MAP PARCEL NUMBER: 17-1581 parcel 029.