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Home My WebLink About00-02699 .. '~ .',,1 '-:,l l. f BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - :;'Fl7 e;u~l~ I I ! ANNA K. SHAVER, Defendant CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE I NOTICE ! i You have been sued in court. If you wish to defend against t~e claims set forth in the following pages, you must take action wlthin twenty (20) days after this complaint and notice have been serVld. T.O defend against the aforementioned claims, a written appearan e stating your defenses and objections must be entered and filed 'n writing by you, the defendant, or by an attorney. You are warn d t.hat if you fail to take action against these claims, the court~may proceed without you and a judgement for any money claimed in th complaint or for any other claim required by the plaintiff may e entered against you by the court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013 -- (717) 240-6200 NOTICIA YOU DO NQT THE OFFIaE SET Le han demandado a usted en la corte. si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Par 17013 -- (717) 240-6200 1i: . ~ BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. ANNA K. SHAVER, Defendant CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 01601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff 1-. , '0_,._ j?illJt .-~ BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. HJ- ;2.(,1'1 ~ ~ ANNA K. SHAVER, Defendant CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, with an office located at 1 South Hanover Street, Carlisle, PA 17013. 2. Defendant, ANNA K. SHAVER, is an adult individual, whose last known address is 1425 Three Square Hollow Road, Newburg, PA 17240. 3. On or about July 25, 1994, the said Defendant executed and delivered a Loan Agreement in the sum of $19,200.00 payable to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania. A copy of said Agreement is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Loan Agreement, in order to secure payment the same, Defendant made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth, recorded in Book 1224, Page 1175, conveying to original Mortgagee the subject premises. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 1425 Three Square Hollow Road, Hopewell Township, Newburg, PA 17240, and is more '; . ~ particularly described in Exhibit "E" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on June 29, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $7.70 per day from 5/29/99 to 4/30/00 (based on contract rate of 17.75%) $ 14,454.27 $ 2,587.20 (c) 5% Attorney's Commission $ 800.00 TOTAL $ 17,841.47 *Together with interest at the per diem rate noted in (b) above after April 30, 2000 and other charges and costs to date of Sheriff's Sale. 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 that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to Defendant, by regular mail, a copy of the combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the , " ,~ -,] , . '. Certificate of Mailing, is attached hereto as Exhibit "CD. 10. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 11. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 17.75% ($7.70 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURCELL, KRUG & HALLER By: Leo 171 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney ID #15700 Attorney for Plaintiff ~'" ~-, c.il ,. . " ,. t~ ) ~ . " I'::'. "';j 00., a."owir: PIeasI read liies. forms and askany quest/ons you may llav.. We are using thewordol. yoo and",orslDm.an all porsons signing th. LOlIlI Agreement as s Borrower, The wmds.... .. and 0.' refer to Beneficial. the Creditor., . welcome to ~-Beneficial'" Disclosure of Credit Costs hemi2allon ol\he AMOUNT FINANCE!;} 11 $ 19200.00 $ 179.45 Amount Given ID you dlretUy by us (Ctror;Ir III """ Creditor: $ 16494,16 Amount paid on your ..caunt (NIl ~A<cow1rI BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a $ 2526.39 AIIlOW1I paid to olhers on your beIlaH Beneficial Mortgage Co. 01 Pennsylvania (&Imof.errisAtIrouGIIO_I 1 S HANOVER ST A, Schedul. A SubtolaJ ese, Page 2) $ 995.95 CARUSLE PA 17013 B. Life Inourona. Cost paid to $ 1134.69 Insurance company C. 01sabi1i1y Insurance Cost paid to $ 0.00 Phone Number: (717)249-1515 t insurance company 0, Sch.dule B Tolal (See Page 2) $ 395.75 Account Number: 27757812 $ 600,00 Prepaid Finance Charge l Vour N.... & Melling Addre&o I l Reoldenc. Add.... H not the ...... I SHAVER..ANNA I< '., 1425 THREE sa HOLLOW ROAD NEWBURG,PA,17240 Dale ~ Loan 1 st CUe Oat. Fin.1 Due Oat. Monll1ly Instalo. Finallnotal. To be paid in All McntlIly Instalmems are due on rJll25194 08129194 07{l9f(J4 $360.37 $360.37 120 the same da~ of the month a.the lnslalmen18 1 st Due Dale. AMOUNT RNANCED: lb. amount of cred. provided to ~ou or on your b.haH. FINANCE CHARGE: lb. dollar amount the crodh will cost YOU. H you pay as \ scheduled. S19200.OO S24044.4O - TOTAL OF PAYMENTS: The amount you will have paid when you have. mad. ANNUAL PERCENTAGE RATE: The cost of your creclh as a yearly rate. all payments as scheduled. , $43244.40 19,16 % Credh I.....n..: Credn IW. and eradn disability insurance are nct required ID obtain credillnsurene. will not be provided unless you agree ID pay the addllional cost by signing below, CREDIT INSURANCE Type Cost Signature LWe !XI Si...le o Joint $ 1134.69 IXII want Slngl. LWe InsllI8nce o I do not want LW. Insurance o I want Slngl. LW. and Single DIsability Insurante IXII do not want Disability Insurance Disability $ 0.00 o I want Joint LW. Insurance By rIp/IIf _.1_11Io-' o I want Joint Life and Single DIsability In.urane. ' --- '\ . ~~..11~ \ Fnsl_. Sf"""" Joint Ln. See Cost Above 01 want Joint LiI.ln.urane. AIo....1de LWe Second _'S Slgnafl.n (II app//l:ab/.) Prepayment: H you pay off early, you will not have 10 pay a penalty and you will not be entl1led to. refund of any part-of the Prepaid Finance ChaIu. intluded in the Fi..... Cherpe. Late Chlrge: H your payment is late (not paid within 10 days after the due date) you wiU b. cl1arged . Late Charge equallD 5.. olthe MOlllhIy InslaJment S.curl1J: You ere giving us . seeullly Interest In your real property, First Mortgage, wtich 0 ioU Is not being purchased with Ihe proceeds oIthla loan. Youltemillltion of Ih. Amounl Financed Is shown above. 5... your Loan Agreem.nt lor any add11Ionallnlormatlon about nonpayment, delau~ and any required repayment In full before lh. scheduled date. CE 3 PA-15 (4/93) Page 1 of 4 3915000RG --- - ""-L . tl-fU DTi' A- k_ ).' - -' ~~ .-d.' , .. - Name of Bof1"OW8t':' SHAVER..ANNA K .. Account 1<10.: 27757S12 .. . . . . Supp~entalltemlzatlon of Amount Financed SCHEDUlE A SCIiBllll.E B'-REAL PROPERlY feeS To: $ , To: $ Recording Fee - Mortgage .................. $ 12.00 To: $ To: $ Recerdlng Fe. - Morlgage Satisfacticn (present) . . . . $ .00 To: $ To: $ Appraisal Fee. ........................... $ 195.00 To: $ To: .~ $ Title ecamlnatlon F................ ......... $ .00 To: $ To: $ Tille.l.suran.. Premium............ ......... $ 185.25 To: $ T~Gumb Co Tax Claims Bureau $ 609.00 Credit Report Fee .........,.............. $ 3.50 To:Anna K. Shaver $ 249.95 Recording Fee.Mortgage sa_lion (lu\ure). . $ 12.00 SlINey fee ............................. $ .00 Loan Oocument Preparation Fee. . . . . . . . . . . $ 125.00 Schodulo A Subtotal $ 995.95 Check to you. . . . . . . . . . .. .. . . . . . .. .. . $ 179.45 Schedule A T alai $ 1175.40 Schedule 8 Total $ 395.75 LOAN AGREEMENT $ 19200.00 Amount Financed plus $ soo.oo Loan Origination Fee equals Rate at which Loan Origination Fee Is $ 20000.00 ACTUAL AMOUNT OF LOAN calculated 4.00 % per day. 18.??oo % Per Year - Rate of Charge PROMISE TO PAY: You promise to pay us the Actual Amount of Loan shown above pllJs intarest until paid in fuB. You will pay a Monthly Instalment on 1I1e 1 st Due Date and on the same day of every month until the RnalDlie Date when you wid pay the Final Instalment In any case, the Finallnstalmenl will include the unpaid balance of the Actual Amount of Loan plusintarest thlll has become due. RATE OF CHARGE: The interest Is calculated at the time of each payment on the then unpaid balance of the Actual Amount of Loan at the Rate of Charge shown above. LOAN ORIGINATION FEE: You will pay a nonrefundable Loan Origination Fee. The Loan Origination Fee.is Calculated at the rate shown above on the Actual Amount of Loan for a period'of one day only. This is the day we extend credll to you. LATE CHARGE: W you do riot pay a Monthly Instalment within 10 days after lis due dale, we will charge you a Late Charge. The late ChargB is equal to 5% of the Monthly Instalment. PAYMENT IN ADVANCE: You may prepay the loan in full or in pari at any time. If you do not prepay the loan in full, you will continue to pay Monthly InstaJments each month. PROPERTY INSIIJRANCE: You will keep the property securing this loan Insured agaiJIsIloss by fire or othllf risks. name us as a loss payee and deliver to us a loss payable endorsement showing us as the 'mortgagee.' COLLECTION EXPElISES: ~ou wiD pay our aItomey's fees and coDection expenses, to the extent reasonable. wllen we refer this Loan Agreement to an aItomey for collection. FEE FOR CHECK RfTURNED UIlPAID: W you give us a check thai is returned unpaid, you will pay a $20.00 fee. CE 3 PA-15 (4/!ll Page 2 of 4. _J .. I" -,-," , '".c., ."'..;0_', Name 01 Swrowor. SHAVER.,ANNA K .. . Accocmt No..: 27757812 .. LOAN AGREEMENT (continued) INTEREST AFTlEI FINAL DUE DAlE: R the loan is not paid in full 011 the Final Due Date. you will continue to pay interest 011 unpaid balances of the Actual Amount of Loan at the RIltll of Charge until paid in fun. DEfAULT: R you fan to make any payment within 30 days aItIlr tt becomes due or lai to comply with the tern;s of the Mortgage. we can demand immediate payment of the entire amount you owe. ESTIMATED SETTLEMENT COSTS: At the time your lOan is closed, your Estimated Actual SetlI8IIl8nt Cos\$ will be $ 1, 667 , 44 . The Estimaled Actual SetlIement COSIs include the Llle Insurance Cost DiSability Insurance Cost. as set forth on Page 1. Recording Fee - Mortgage, Recording Fee - Mortgage SatlsfactlOl1. AppraiSal Fee. TItle Examination Fee. Title Insurance Premium. Credii Report Fee; Survey Fee. II any. and the LIIa1 Document Preparation Fee. as set forth 011 Page 2. COMPLIAIlCE WITH ACT NO.6: R you do not pay the full amount of an instalment when it is due, and we intend to foreclose on the Mortgage, we must comply with the prOvisions of Section 403 and 404 of the Act of Janual)' 30. 1974, which is known as Act No. 6, anethe provisions of the Homeowne(s Emergency Mortgage Assistance Act (Act No. 91 of 1983). The pertinent provisions of SllCIion 403 and 404 of Act NO.6 are shown on Page 4 of this Agreement SECURITY: To secure this loan. you are giving US a security interest in yoor real property - First Mortgage. ~ ADVANCES: R. in accordance with thetelms of lI1e Mortgage, we make payment for taxes. assessments, waler or other charges or insurance premiums and you do not repay us at once, we may require you to pay interest on this amount at the Rate of Charge. We also may acid this ~ount ID the unpaid balance of the Actual Amount of Loan. APPLICABLE LAW: This loan is made at an agreed rlltll authorl2ed by Section 501 (a). Part A, Tille V, Public Law 98-221, also known as Section 1735f-7 note. Tille 12. United States Code (USC). This loan also may qualify as an 'alternative mortgage traI1SaCtion' under the Alt8matlve Mortgage TransaCtion Parity Act Sectkm of the Gam-St Germain DepositoI)' Institutions Act of 1982, Sections 3801 to 3806, Tille 12, use. Ragulations issuad by the Office of Thrift Supervision, Department of the .Tressul)'. also govern. CREDIT INFORMATION: By applying for a loan. you authorize and instruct us to request and receive credft Information about yov from any credit reporting ageilcy or third party and unless you object by calling toll free 1.800-ll4B-3441. 8:00 AM to 8:00 PM. E~ time, to transfer any credit information we may have about yoo to affi,ales or their agenls for solioitation purposes in order that you may learn abOut their credft or Other offerings. ANY ADVANCE Of FUNDS TO YOU PURSUANT TO THIS LOAlt AGREEMENT AND THE MGRTGAGE WHICH SECURES THE AGREEMENT MAY, IN THE EVENT OF ANY DEFAULT, RESULT IN THE LOSS OF YOUR HOME OR OTHER REAL PROPERTY PLEDGED AS SECURITY fOR YOUR LOAN. i. ~a./kAk~ Sign&.ire of Frst Borrower Wnss: ~~ -I1n "P1JIt'1ff (Seal) Wilness: (Seal) SiQnalln of Second Iloaower If applcable) w.....: (SNIl SllJlll11J'e III Tlird I!m_ (if applitollle) Wilness: SIIJlal1.re .f C..(Wmer of P'lIll8lll' Secuin<llllis L.... (n appticalll8) (Seal) CREDIT PROTECTION INFORMATION Crllllt Ln. ud Dlsalrillly Prol..ti..: Th. .redillilo and di.ability plOtectioo i. wrmen by The Cantral National LWe Insurance Company 01 Omaha whkh Is afliIia1lld wfth us. We wi! not act as agem. broker or fiducial\' lor you on the loan and we may ob1ain some ben,efit from the sale 01 tho credn protectIOn. CE 3 PA.15 (4/93) Page 3 of 4 "'..' ,'- cc . ~,~ - en,. c Nom. of BomMW: SHAVER"ANNA K -, Aocount No.; 27767812 .0 ACT NO.5 [AI 101 01 Jlnul'Y 30, 1974 (P.L 13, No. 5). ....... I"""d aDd P,oleelloa Lawl Secti"" 403. Notice of Intention ta Foredose. - (I) BeIore any residential mortgage lender may accelerate the maturity of any resldeallat morIgage obtigallon. CllIIIIMIICe any legal action Including I1lOIlgage foreclosure ta recover unaer sue~ obligation. or 1aJce possession ol.ny s.eurity ollbe residential mortgage GebIar lllr such residential morl1l.ge obligation; such person shall give Ihe resldenllal martQage deb1llr notice of such in1antion at least 1hi11y days in .dv.nce as plOlllded In IIIls sec1lan. Section 404. Righlla Cur.. Default - (a) Notwithstanding lIIe provisions 01 any o1her I.w. an.r a notice ol inlention taforeclose has been given p...uantto section 403 at 1I11s .ct. at any time at least one bour prior to the commenc.ment of blading at I sh../ff sale or o1her Judlclal sale on a residential mor1gage obllgalion, Ibs _1Ia1 mortgage deblor or anyone In his b.halI. nOllllOll1l1an IIIres Umes In any calendar y..... may cu"' bIs detauh and p'evelll sale or o1her dispasil/lln of the real eslil1e and avoia acceleration, Wany. by tendedng the emount or performance specllled in subsection (b) of 1his sectIcn. . (b) 70 cure a detault under this. section. a r..lclentlal morl1lage deblor ShaP: (1) Pay or tender in IIIe lorm of cash, cashiel's c:lIeck 01 otrtWied check, ali Sllll\$ which WWIll h... bsen due at Ibs 1imo Of poym0r4 Of tend.. In the absence of delaut and the exercise of an acceleration clause, W any; (2) Perform any o1her obligation which he would have been bouna ta pelfcrm In the ebsen.. 01 delauh or the exercise 01 aR~eeleratlan clauss, n any; (3) Pay or tender arry rsasooahle fses....nd lI1e reasonable cos1s 01 proceeding 10 Ioreclosure as specified in writing by iI1s residential mortgage lender actually. incuIlIld 10 lI1e date ol paym'n!; (4) Pay any reasonable late panalti. W provldea for In lite security docum4nt (e) Cure ol a delauh pursuant to lIlis section restores I~' resldential mortgage deblDr ta lI1e samepoemon as W the dltauh had not occurred. ~ CE 3 PA-15 (4/93) Page 4 01 4 ,I; . . " -" ~~ All that certain lot of land lying and being situate In the Township oC Hopewell, Cumberland COunty, Pennsylvania more fully bounded and described as Collows: B8GINNING at an iron pin adjacent to a telephone pole and corner oC land oC J. finkey, said point being on the ~esterly ~ide oC the road leading Crom.Three Square Hollow to Route 944; thence along the I\esterly side at the said road North 38 degrees I\est 100 Ceet to an iron pin, thence along land oC said grantors.herein South 54 degrees west IUU feet to an iron pin: thence by the same ~outh 38 degrees East 115 Ceet, more or less, to land of J. Finkey: thenee by land at J. ~inkey North 4 degrees East 125 feet, more or less, to sn iron pin. the place oC B8GINNING. t )(h, bit 13 ,"'. /'.L. ";'-. .~ .1 , ~ , . "-' -'. ," . ',j",-',.;', ~.-". '- - , ,;,',' "".,-'- ; ~,'- ( . .. I" ( ACT 9 1 NOT ICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, yOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If yOU have any questions, yOU may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717)780- 1869) . This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. - 1 - .- . , " c;Lh, b..f" G ~~ , ",~'-, ~,-;' , -- .'= , - " -, ,"---' '0 ~. ',;x.:."r,i ,~"_c,;,,, ,:";,,;;/-: .. >.'.1 , . .t. ,~ [ Date: January 13, 2000 To: Anna K. Shaver 1425 Three Square Hollow Road Newburg, PA 17240 Re: Loan No. 71171500102804 Property: 1425 Three Square Hollow Road CURRENT LENDER/SERVICER: Beneficial Consumer Discount Company 961 Weigel Drive Elmhurst, Illinois 60126 HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE nACTn), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL · IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - 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 must arrange and attend a "face- to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of desiqnated consumer creditcounselinq aqencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelY of your intentions. - 2 - .;;-"'. -. y--" "'.",,,~ ,"." ~~'~" ';,'-- ',-~.._~,,,-,,-"< ','-."= . ;';'-~-'; .. .., ,"') i. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that 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 the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed Bankruptcy you can still apply for Emergency Mortgage Assistance.) - 3 - .~ .~- _ - ." '_1 ., ~" -'", - " '-.'0,".- ,_,_ t~ .. / HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT - The MORTGAGE debt held by the above creditor on your property located at: 1425 Three Square Hollow Road, Newburg, PA 17240 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Delinquent payments (6/29/99 - 1/29/00 @ $360.37) Payment due during cure period $ 2,522.59 360.37 Total amount due $ 2,882.96 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): NOT APPLICABLE HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the lender plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Beneficial Consumer Discount Company You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the creditor intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and rou may lose the chance to pay the mortgase in monthly installments. If ful payment of the total amount past due ~s not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start a lawsuit to foreclose upon your mortqaqed property. - 4 - - ~ ~ <"--,,, '. .'-,' "''^'""'', .. ,i '-~' '. . ',-'"' ",<<..-,"",~~,,,,-- ;. ,0'1 .,. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If tne lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceed~ngs are started against you, you will have to pay all reasonable attorney's f~es actua+ly ~ncurrea by the lender even if they exceed $59.00. Any attorney s fees w~ll be added to the amount you owe the lender! wh~ch may also include other reasonable costs. If vou cure the default with~n the THIRTY (30) DAY period. vou will not be required to pav attorne 's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums aue under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the riqht to cure the default and prevent the sale at anv time UP to one hour before the Sheriff's Sale. You mav do so bv pavinq the total amount plus anv late or other charqes then due, reasonable attornev's fees and costs connected w~th the foreclosure sale and anv other costs connected w~th the Sheriff's Sale and bv perform~nq anv other requirements under the mortqaqe. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a sheriff's Sale of the mortgaged property could be held would be approximately FOUR months from the date of this Notice. A notice of the actual date of the-sEeriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cash~er's check, certified check or money order, made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER Beneficial Consumer Discount Company 961 Weigel Drive Elmhurst, Illinois 60126 (630)617-7058 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to l~ve in the property after the Sheriff's Sale, a lawsuit to remove you and your furn~sh~ngs and other belongings could be started by the lender at any t~me. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property: - 5 - ""'" ,.~~ .' _ w.~ _ ,., ~-~<- -.-.,,'" "-<'. 0"0"_" 'k." . , , "... YOU MAY ALSO 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. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SEE ATTACHED) - 6 - " - " ',"'-'0 N "- ""'~1" I . , ".. Cu~BERLF~~ COu~TY :ccs ~= ~este~~ ?ennsylva~ia, In=. 2000 Li~g~estown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg North 6th Street ~a~risb~~q, PA 17101 717) 23';-5925 ?*~# (717' 234:-9459 Commu~ity Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX# (717) 234-2227 ?inancial Counseling Services of Franklin 31 West 3rd Street Way~esborc, PA 17268 ':717) 752-3285 YMCA of Carlisle 301 G Street Carlisl=, ?A 17013 (717) 243-3818 ?AX# (7l7; 731-9589 ~da~s =c~~=y ncusing A~=ic~ity :39-1~3 Ca~lisle Stree~ ~ettysburg, PA 17325 ,':717) 334-5925 ?AX# (7l7; 334-8326 ~:~ " ~ ',"", - " '~b"~; , '. , '..... Re: Beneficial/Shaver Act 91 Notice U. S. Postal Service Certificate of Mailinq (In compliance with Postal Service Form 3817) One piece of ordinary mail addressed to: Anna K. Shaver 1425 Three Square Hollow Road Newburg, PA 17240 Postage: Postmark: \if~r%:o:;:~"O;~~}\ \t,-.>::-:" --C.' c / ~/; ~liIol_,,-- " ....... 132/136/2131313 136:37 APo .' --.' '" ) \. \ ...., PAGE 132 7665291 . C~PANY NAME: Bl!:~jl!~'ICD\1, .CONSUMER IlISCOllNT COMl'i\m VE:RIFICATION r verify tha.t ;:he statements made :i.n th8 f(J.ceg.oing .'.))mplaint are t~.ue. "nd <::orr",ct. . r understl~nd Uv;t false statements l'~r"'.ln are made <;,ubject to the'.pena.l":.h~s of 18 Fa. C.S. Se,;'UO!1 4904 relating .t:o unsworn falsifi..:s.ti.Ql'l .to aut;horit:les. Dated: '1- .25.:P.l2__.__ B f1~~~ y ---~....."".,..-.....-....~... ".. Title-.R~2Y~_ty Spec.iGli;t RPR ~ '00 13:34 7665291 PRGE.02 l!Iliill'~'~~":_ . <1f1. .::>1" " ." ..' .( .':'1';1\1." '1," .~,,'. .~ :,'f.i ..... . .- . ."I:~~ .., '" . '.' ....' " ~', .'.:.:".:".,!,J. . ."- . .'~, >~. . ::;.,; .......~I. 'Y~ : .r:.~ ' .., .. ... "1 ....~'t- . .i ..;.~ "... . .~:.;~ . ',.::r:<' ,.. .,.}~ .~ '., ,'....~ r ~.~!... . ..~~: .. , .."';l" ,:~ . :<::::~ "<. ... .' .'~ ..',' ">.:iIJ .:~rj-~ .~ ';;~ I . ) - ,", ., 11 SHERIFF'S RETURN - REGULAR CASE NO: 2000-02699 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS SHAVER ANNA K RICHARD E. SMITH Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHAVER ANNA K the DEFENDANT , at 1421:00 HOURS, on the 4th day of May , 2000 at 27 SANDBANK ROAD SHIPPENSBURG, PA 17257 by handing to ANNA SHAVER a true and attested copy of COMPLAINT - MORT FORE together with NOTI CE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.78 .00 10.00 .00 39.78 r~ ~~~~ R. Thomas Kline 05/05/2000 PURCELL KRUG & Sheriff Sworn and Subscribed to before By: me thi.s jj>~ day of ~ J-w-o A.D. * C, ~-- .. A...I. n.dJ..J .. othon'otary I ~ .. . '';--0. -,-"C' '" ~'"--.o' ,-,'- . . BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2000 2699 ANNA K. SHAVER, DEFENDANT IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant ANNA K. SHAVER for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance $14,454.27 Interest (Per diem of $7.70 from 5/29/99 to 4/30/00) $ 2,587.20 Attorney's Commission $ 800.00 TOTAL $17,841. 47** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 1:\HOME\MKF\DQCS\CUMBERlA\SHAVER.P - -* - ,-,~-, -, - ~-, ~ --~- "'~~ "~, ,1 -.-I . ....-'"'; .~ BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2000 2699 ANNA K. SHAVER, DEFENDANT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on AUGUST 23, 2000 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 ,-', -,. '-."'--, .. BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2699 Vs. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE ANNA K. SHAVER, Defendants DATE OF THIS NOTICE: August 23, 2000 TO: ANNA K. SHAVER 27 SANDBANK ROAD SHIPPENSBURG, PA 17257 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 RIGHTS. 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 FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 7l7-249-3166 By Leon P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 717-234-4178 -- ~. ." ".'~ ~ . - - -'- ..-~.-: " ~ BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2000 2699 ANNA K. SHAVER, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY, OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. ~ ~/Ah~ ~ PublIc Sworn to and sub~ribed : befor~.m:,iShis tr day: of ~' 20 M : LEON P. HALLER, ESQUIRE NOTARIAL SEAL MARYLAND K. FERREITI, Notary Public LOWER PAXTONTWP.. DAUPHIN County My CommisSion ExplresAUGUST 8:2002 'r ,,,,"_J.~ "-, . . - '~ ~ ~~ FV ~ r--... ""- ~~ ~ C\'1 8 "() CA ~ ~ ~ ~ ~ 0 3:' E r ~ 1 ~ "- ~ ~ ~ill*Illliii!.llll.. <;] ,n i...c.'.., --oc' :.- \~'~ l~~:~> ~C' J:> S;;; :3. ?~.-. co') c~, -' p.":; ,. ~'t"'" ---"" , - -~} '-: , :-, ;",;.,' '.:, ."':. '~c-~ .\~c? '~;\' .\ '5:! ="'- -- .- .' .'0 Ci' h ~'" . j ~ ~ -~,. .J ~, -~ '" , . ~'-'li ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Beneficial Consurrer Discount Carpany d/b/a Beneficial Mortgage Co. of Pennsylvania, ( /) Confessed Judgment (XX) Other IN MORl'GAGE FORECLOSURE File No. 2000 2699 $17,841.47 I' 1,709.40 vs. . ' Amount Due per iudqment \ Interest $7.70 per diem 4/30/00 to 12/6/00 Late charges Escrew Deficit Costs Anna K. Shaver 1,500.00 . TO THE PROTHONOTARY OF THE SAID COURT: $21,050.87 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. Issue writ of execution in the above matter to the Sheriff of QJMBERIl\ND for debt, interest and costs, upon the following described property of the defendant(s) Real Estate: 1425 'lliree Square Hollew Road, Newburg, PA 17240 County, IN MORl'GAGE FORECLOSURE 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) ESTATE: indi above a K. . an all other proRerty of the defendant(s) in the possession. custody or control of the said garnishee(s). q ~,l- - fro r ~v (.(J>,t() q:,af-tur,. wi /vVM'V fCt-id- f~cr"t:-fl7 o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estat . e defendant(s) described in the attached exhibit. Date 9-F-oo Signature: Print Name: Address: leon P. Haller, Esquire Purcell, Krug & Haller 17J9 NQrth ~rant ~trgQt Harrisburg, PA 17102 Attorney for: Telephone: Supreme Court 10 No.: PIAINTIFF 717-234-4178 U5700 (over) ~"- "~' -" "r:::'~ . -- ALL THAT CERTAIN piece or parcel of land lying and being situate in the Township of Hopewell, Cumberland County, Pennsylvania, bounded and described as follows: BBGINNlNG at an iron pin adjacent to a telephone pole and corner of land .of J. Finkey, said point being on the I\esterly side of thc road lcading from Three Square Hollow to Route 944; thence along lhe \\esterly side of the said road North 36 degrees \\est 100 feet to an iron pin: thence along land or said grantors herein .South. 54 degrees wesl lUU feel to an iron pin; thence by the same South 38 . degrees East 175 feet, more or less, to land or J. Finkey; thence by land of J. finkey Norlh 4 degrees East 125 Ceet, more or less, to an iron pin, the place or BBGINNING. HAVING A DWELLING ERECTED THEREON KNOWN AS 1425 THREE SQUARE HOLLOW ROAD, NEWBURG, PA. BEING THE SAME PREMISES WHICH Anna K. Shaver, Administratrix of the Estate of Donald F. Shaver, by deed dated 9/29/86 and recorded 11/10/86 in Deed Book H-32, Page 404 granted and conveyed unto Anna K. Shaver. TO BE SOLD AS THE PROPERTY OF ANNA K. SHAVER ON JUDGMENT NO. 2000 2699. ASSESSMENT: 11-06-0041-006 iI!IliIIeiII-Ulitl.L.,,; ,__~ 1!llIIifMI1MlQ~ iii!/;!l;ii~~ ~. ,~ - ~ " ~ - > if ""i ,~'. t:P , ~ "1IlilIIi'" ~.i~,.,,~~ "- ~'~ ~ \ --... \--...0;. - .\ " ~ ?J J - ~ \,., ~ ~~\V (~ ~ 0\ ~_ """ 'J"ep, . 0' ""<;\ d n c --?" Ci]~-~ 05f:" c:: ;~~~: ~ ~~ _. . -~ .. ~ ,~'8 "J f",. :'"'-) ()~). to ~ . . ~ l-riW"i=, , , BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2000 2699 ANNA K. SHAVER, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 6, 2000 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1425 THREE SQUARE HOLLOW ROAD HOPEWELL TOWNSHIP NEWBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 2699 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: ANNA K. SHAVER '<il''''. o. ~~. ~"'=- - ~ , ,~ - ''"'''I I " I I , i , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the -""'1 I , Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 - " "j:;",:;' , !N f i,\ j: I. , I I: ALL THAT CERTAIN piece or parcel of land lying and being situate in the Township of Hopewell, Cumberland County, Pennsylvania, bounded and described as follows: I" i I BEGINNING at an iron pin adjacent to a telephone pole and corner of land of J, Finkey, said poinl being on the lIeslerly side of the road leading from Three Square Hollow to Route 944: thence along lhe \'ieslerly side of the said road Norlh 38 degrees \'iesl 100 feel to an iron pin: thence along land of said grantors herein South 54 degrees \'jest lUU feel to an iron pin: thence by the S8lTe :;outh 38' degrees East 175 feet, more or less, to land of J. Finkey; thence by land of J. rinkey North 4 degrees East 125 feet, more or less, to an iron pin, lhe place of BEGINNING. I:; i', i i I HAVING A DWELLING ERECTED THEREON KNOWN AS 1425 THREE SQUARE HOLLOW ROAD, NEWBURG, PA. I I I;, BEING THE SAME PREMISES WHICH Anna K. Shaver, Administratrix of the Estate of Donald F. Shaver, by deed dated 9/29/86 and recorded 11/10/86 in Deed Book H-32, Page 404 granted and conveyed unto Anna K. Shaver. TO BE SOLD AS THE PROPERTY OF ANNA K. SHAVER ON JUDGMENT NO. 2000 2699. ASSESSMENT: 11-06-0041-006 '~ ~,J...,; 1 '.~""""""~.tllMIM~ilIliil!i;!l!""""""" L ~""""""" IT ,. -, ~ -< .,,- ~ ~ ~~ .. - - _lilll " .J."~, o ~: i:J ;:-"~ 11";[:"' Z~,t. ;::-0-:1 (;e:., -.( ~~-. fs: I: 2:;C' j~f~: 2 =< , , C"....:') C", ~/) ,--,"1 "'.J r..,:> ::"'., "_.J '.l (1'\ -< .' ,-- ". " ".,- IJ .. ;,' . BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2000 2699 ANNA K. SHAVER, DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1425 Three Square Hollow Road, Hopewell Township, Newburg, PA 17240: 1. Name and address of the Owner(s) or Reputed Owner(s): Anna K. Shaver 27 Sandbank Road Shippensburg, PA 17257 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 Kayak Manufacturing Corporation R. D. #1 Box 85 Newburg, PA 17240 5. Name and address of every other person who has any record lien on the property: 'n, - ~.. " ~ ~ .,- ,c. ~,' ,n -'0'_\' ",-', - '~--,- ~ ~ . . . UNKNOWN 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 7. 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 TENANTS IF ANY... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are ma subject to the penalties of 18 PA C.S. Section 4904 relating 0 unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: August 31, 2000 ,- --; , > ;~ "". <. ,.~" . '^~~. .- ~-,- "'.'~>-""""'''''''.. .--'" ,<.." < -~,-'- ,~, - rg~'~' ~i' (f) -< !< ~~:} )>c z --, -< ".. ~,- ,~," ,- ~ o r~-' . , . OJ) '''I 'J r< c' ""\., ,'0 U' . .. BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2000 2699 ANNA K. SHAVER, DEFENDANT IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, pennsylvania on Q,hq 100 , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Anna K. Shaver 27 Sandbank Road Shippensburg, PA 17257 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 Kayak Manufacturing Corporation R. D. #1 Box 85 Newburg, PA 17240 By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 ,,,~ _ _ M'_ .'.". ' < ~,.' e' .'.~ ..." JOHN W, PURCELL HOWARD Be KRUG LEON p, HALLER JOHN We PURCELL JR BRIAN 1 TYLER JILL Me WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717) 533-3836 NOTICE TO: Anna K. Shaver 27 Sandbank Road Shippensbu~g, PA ~7257 Pennsylvania Housing Finance Agency 2~O~ North Front Street Harrisburg, PA ~7~05 Kayak Manufacturing Corporation R. D. #~ Box 85 Newburg, PA ~7240 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Car~is~e, PA ~70~3 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those pa~ties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. By: inst the said ou have an eing notified of YOU ARE FURTHER NOTIFIED that the lien real estate will be divested by the sale opportunity to protect your interest, if said She~iff's Sale. Leon P. Haller PA I.D.15700 Attorney for Plaintiff '. BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2000 2699 ANNA K . SHAVER, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 6, 2000 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1425 THREE SQUARE HOLLOW ROAD HOPEWELL TOWNSHIP NEWBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 2699 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: ANNA K. SHAVER . A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the ~ . Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 - ~: ALL THAT CERTAIN piece or parcel of land lying and being situate in the Township of Hopewell, Cumberland County, Pennsylvania, bounded and described as follows: ,,: i:' ;:, !' j,] e !,j BEGINNING at an iron pin adjacenl to a telephone pole and corner of land of J, Finkey, said point being on the lIeslerly side of the road leading from Three Square Hollow 10 Route 944: thence along lhe \'ieslerly side of the said road North 38 degrees\'iest 100 feet to an 'ran pin: thence along land of said grantors herein South, 54 degrees \'jest lUU feel to an iron pin; thence by the same :;o~th 38 ' degrees East 175 feet, more or less, to land of J. Finkey; thence by land of J. rinkey North 4 degrees East 125 feet, more or less, to an iron pin, the place of BEGINNING. i' HAVING A DWELLING ERECTED THEREON KNOWN AS 1425 THREE SQUARE HOLLOW ROAD, NEWBURG, PA. ~i BEING THE SAME PREMISES WHICH Anna K. Shaver, Administratrix of the Estate of Donald F. Shaver, by deed dated 9/29/86 and recorded 11/10/86 in Deed Book H-32, Page 404 granted and conveyed unto Anna K. Shaver. .1 "I I TO BE SOLD AS THE PROPERTY OF ANNA K. SHAVER ON JUDGMENT NO. 2000 2699. ::[ c.: 'I \-i ASSESSMENT: 11-06-0041-006 n 1 , 1 I: i: , I ,-. ~' "~ ~. - . , , Re: Beneficial vs. Shaver Cumberland Sale 12/6/00 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Anna K. Shaver 27 Sandbank Road Shippensburg, PA 17257 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Kayak Manufacturing Corporation R. D. #1 Box 85 Newburg, PA 17240 . . " ___~ n, ,~~_ . U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Postmark: , I 1 ;""~~ o.wi =, ~ " ,-" ,. ", ~',c-'" _,0,' , ~'^-,,-',~ . . ~cl<~'_~~~_~ ~~ ~ ~ I",~". ~ ~ .' , . g 0 Cl 0 ~l ::: '-' --1 ~VJ 1~'!1 AF'J '!:l] n I -....Im ~~ .l7 ,iJ~\J? 0 ;po .:3~ '< ,,,L~ ~~ :x of' '? 2~nl ~ ~ (J"l ~ 12 1"tl , , ~ ,.;" ' """-'_ "0__ ",-> ' ,\ .. . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } SS. Robert P Ziegler ~ __________________----________________________________________________________Ilecorderof Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ______h_h_h__ Beneficial C D C & Beneficial Mtg Co . h_________________________O____________________ ________________________n___n_____ IS the grantee the same having been sold to said grantee on the __~_:~_____________________________________n__ day of Dec ____nn______________n________hn__n A. D., 1 2000 _nn' under and by virtue of a wriL______n_____ Execution - d th 12th ________________________________________________lSSue on e _____________________________________ day of ____________!'_':~:___-----_ A. D., 2000.___, out of the Court of Cornman Pless of said County as of Civil ______________________________,,_______ _ __ __ ___ __ ____ _n__ _____ __ __ _n_____ n__ __ _ Term 2000 NuJ.W ________h____,at the suit of _______n_______ll~!'_~gf.i'!LC__I2_~__~_J.lK'!~tj._"_!".L~!K.J'-!U)J P a Anna K Shaver ______ __ ____________________...__ ____ against___ ___ _________________________ __ ____________ ______ _ is 237 628 duly recorded in Sheriff's Deord Book No. _____n_____' Page ____nn____. IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this __L~_ day of ___~__:_______;I D.',l8~~( ----~~-----~---- ~#Ilecoroe; of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2002 )1'" ijj.."d "\' , 'If " '0 f..... " . ' Beneficial Consumer Discount Company D/b/a Beneficial Mortgage Co. of Pennsylvania -vs- Anna K. Shaver In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-2699 Civil Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, says on October 6, 2000 at 8:10 o'clock P.M. EDST, he served a true copy of real Estate Writ Notice Poster and Description in the above entitled action upon the within named defendant to wit: Anna Shaver, by handing to Anna Shaver at 27 Sandbank Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, says on October 6, 2000 at 7: 29 o'clock P.M. EDST he posted a copy of Real Estate Writ Notice Poster and Description on the property of Anna K. Shaver located at 1425 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 the defendant to wit: Anna K. Shaver by regular mail to her last known address 27 Sandbank Road, Shippensburg, P A. The letter was mailed under the date of October 9, 2000 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisle Cumberland County, Pennsylvania on December 6, 2000 at 10:00 o'clockA.M, EST and sold the same for the sum of $ 1.00 to Attorney Jill Winkea for Beneficial Consumer Discount Company DIE/ A Beneficial Mortgage Co. of Pennsylvania. It being the highest bid and best price quoted for the same Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co. of Pennsylvania of961 Weigel Drive, Elmhurst, IL being the buyer in this execution paid to SheriffR. Thomas Kline the sum of$ 664.45 it being costs. [: , i-' , , , , I" ft I I' Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News 30.00 13.22 15.00 15.00 30.00 10.00 .50 1.00 10.54 1.99 15.00 20.00 246.80 180.75 .', . ~~ ~ . ' Share of Bills Distribution of Proceeds Sheriffs Deed 23.15 25.00 26.50 $ 674.45 Pd by Atty 01/08/01 -'ilt', Sworn and Subscribed To Before Me ThiSlq~DaYOfql>.""7 .../1/ _ _ ~_"" Q So~~;(~ 2001, A.D. . /!.t- Q. ~ rclhonotary ~1. Thomas Kline, Sheriff By ~t;hA Ltf:14 Real Estate Deputy o/-'~ 30uV I,SO CIe- 31oS'O ~ lol,.~q1 ""4- hOC.;'" " .' - """":I - , f BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2000 2699 ANNA K. SHAVER, DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real prop~rty located at 1425 Three Square Hollow Road, Hopewell Township, Newburg, PA 17240: 1. Name and address of the Owner(s) or Reputed Owner(s): Anna K. Shaver 27 Sandbank Road Shippensburg, PA 17257 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 Kayak Manufacturing Corporation R. D. #1 Box 85 Newburg, FA 17240 5. Name and address of every other person who has any record lien on the property: ~~ '.." .' .' ~ , . UNKNOWN 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 7. 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 TENANTS IF ANY... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are ma e subject to the penalties of 18 PA C.S. Section 4904 relatingytr6 unsworn falsification to authorities. 0 Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: August 31, 2000 --~ ..;...- BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PENNSYLVANIA, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2000 2699 ANNA K. SHAVER, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 6, 2000 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: l425 THREE SQUARE HOLLOW ROAD HOPEWELL TOWNSHIP NEWBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 2699 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: ANNA K. SHAVER ,"'~ - , ."', """1 , " A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the " H---.r. " -t. Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,,-,". - ,- . I , '1t- . . ALL THAT CERTAIN piece or parcel of land lying and being situate in the Township of Hopewell, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin adjacent to a telephone pole and corner of land of J, Finkey, said point being on the lIeslerly side of the road leading from Three Square Hollow to Houle 944; thence along the \'iesterly side of lhe said road North 38 degrees\'iest 100 feet to an iron pin: thence along land of said grantors herein South 54 degrees \'jest lUU feet to an iron pin; lhenee by lhe same :;outh 38 . degrees East 175 feet, more or less, to land of J. Finkey; thence by land or J. rinkey North 4 degrees East 125 feet, more or less, to an iron pin, the place of BEGINNING. HAVING A DWELLING ERECTED THEREON KNOWN AS 1425 THREE SQUARE HOLLOW ROAD, NEWBURG, PA. BEING THE SAME PREMISES WHICH Anna K. Shaver, Administratrix of the Estate of Donald F. Shaver, by deed dated 9/29/86 and recorded 11/10/86 in Deed Book H-32, Page 404 granted and conveyed unto Anna K. Shaver. TO BE SOLD AS THE PROPERTY OF ANNA K. SHAVER ON JUDGMENT NO. 2000 2699. ASSESSMENT: 11-06-0041-006 " L . " ,,,, WRIT OF EXECUTIONand/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOPO-2699 CIVIL ~ TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisly the debt, interest and costs due Beneficial Consumer Discount Canpany d/b/a Beneficial Mortgaqe Co. of Pennsylvania PLAINTIFF(S) lrom Anna K. Shaver 1425 Three Square Hall ow Road. Nf>Whurg. PA. 17240 DEFENDANT(S) (1) You are directed to levy upon the property 01 the delendant(s) and to sell Real Estate: 1425 Three Sauare Hollow Road. Newburg. Pa. 17240 , : '~'"l ~~',';,; "'~_ (2) You are also directed to attach the property 01 Ihe delendant(s) not levied upon in the possession 01 GARNISHEE(S) as lollows: and to notny the garnishee(s) that: (a) an allachmenl has been issued; (b) the garnishee(s) is/are enjoined Irom paying any debt to or lor the account 01 the delendant(s) and Irom delivering any property 01 the delendant(s) or. otherwise disposing thereol; (3) II property olthe delendant(s) not levied upon an subjectto allachment is.lound inthe possession 01 anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as agarnishee and is enjoined as above stated. LL Due Prothy Other Costs $0.')0 Amount Due 4-30-00 to Interest Ally's Comm Ally Paid Plaintiff Paid S 17 ,R41 47 12-6-00 $7.70 ~r diem 1 70g 4 % 1 00 $1500.00 Escrow Deficit 111. 78 Date: September 12, 2000 Curtis R. Lonq Prothonotary, Civil Division by: Q~ (l~ Deputy REQUESTING PARTY: 11 Purcell, Krug & Ha er Name Leon P. Haller. Esq. Address: 1719 North Front Street HArriRhurg. PA. 17102 Attorneylor~ P1Ainti ff Telephone: (717) 234-4178 Supreme Court ID No. 15700 ,1fIj~;illlillWiI!llUllll~~!;~ll;-'HtllW "",-' 1Ii!all!l!.!.!i!~~_~I>>l'i""""'''""fid"""..illi'~I..,,~ ' ,~W~-~ Illflili!l.i!l'pJl ~-'SidllIrIl~W$" .Ml:Il REA[ ESTATE SALE No. ,\ ; Un ~ ) r.~ the sheriff levied upon the defendants '....",''''" , -,~ . . Interest in the real property situated in ~Jl.dt! ~ ~.- ~I"~ Cumberland County, Pa., known and numbered as:h'.t. <"" d# f~J~ I...<. /lllnL, and more fully jescnbed on Exhibit "A" filed with this writ and by this reference incorporated herein. 'late: /~ IT. -- Byi!;(ii;I!:tf, , '-:! ','. 1 l' 1,"1 j,j.\,;' :U:H~:i-;~ - __" _ -,'_,_i ,,".~, .~~r"""'.,_~,,,,,,,,__,,,,~",__~, ~,~',' ,_~,_ _, -,-~ .-, -~ , '- ~ ~ ~ ~ .. ~;'1i-_~ HtAl;~JJtt.'t5A.g;--N9;JD----- .~ :~",_.,~,~'!I!>>~1;1~'W,;.7018 -,-",,%~.Mo~gelnc.!lIbla The Money Store 0'" .~_ ___~V.___ _ __ .. . Ray L..-oellCna,d Linda V. Deitch =--' _~AtJ.Y:' Joseph A .Ggl!JbeCk, Jr. ::--ALL lliA~'u~~h~-~o~ Otraa' of land ~Ituate in the: TO\;"-psh1pof Monroe, County of . -=-CUmberland an..d. State, of Pennsylvania, more i1;=~~~ly\Vi~ ~d~, . ~n,d. ~e~C,~bed "~ ~~.li.GINMtf~ _~t ~ ]Q!nt _at UJ~- ~e.at~r U~e,of ~~imj:jro'''-ed highway leading from Williams ~_rnVe tOmn-dle Road and at lands now or ,,:: forme-rly of P.c. Myers; thence South 8 degrees ~~.!l1inu~s East for_a djs@n(eof1,01.8feetby ;" sm(f-,~n!~ l!D..~ ,~_@ .poJn.~ _ thers~ ~ou~h_~9 fiie~J.~n~~s,!Y~tJg~ a ~_~J'!!lce,oI204'~ J? ~O(la pm a(Jands now or formerly of Elmer :rH.ThlijK~, ~.~~. ~orth Soegrees 30 minutes ~t_ror }!~~a.nce=of.fOS f~et by (a~ds_ of ~saine to a pm; thence Norffi 70 aegrees IS' minutes East for a distance of 204 feet _by lands. 1.~.}l,ow..2r Ja~~Jl{ ${lid l'-fyers W.ajl.in, the po.int ~ ana place of BEGINNING. f~~~~ _ ao.Pv~ .q~~rtpti.9n is_ ~c;!=Qr.d.ing to the F'"qurvey'of the premises dafed March 8, 1954,. ri'i,~Mbv~. G. R$'hel, Registere.d Surveyor. ~JfAVING thereon erected a bnck ranch type ~~LJg kn._oym al)d nUtt1b~__.l~ 6 Slncbir _..R.oaa. c:JMPROVEMENTS' -consist of a residential ~~~f~G&-FJ{E~r;tS:-6-Sin'dair Road, !M~b.am(~lt!l&_fI}1?05?. _. -.--- it~1v.b1~lc{,~~p_~._ of Ray Lee_ I?ietcn .~~d, iT&<P=L~22.24-W8J-01l. _.__:...__~_: -,:, ~': , , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly Sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal ollice 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 Th e Patriot-News and The Sundav 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 andlor Sundayl Metro editions which appeared on the 31st day of October and the 7th and 14th day(s) of November 2000. 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 uPhi~n Miscellaneous Book "M", Volume 14, Page 317. {, .........................k......t.......................................................... Notarial Seal Terry L. Russell, Notary Pub!' Harrisburg, Dauphin Coon MyCommlsslonExplresJune6,2l102 NO ARY PUBLIC Member, Pennsylvania Association 01 NOflllieoommission expires June 6, 2002 PUBLICATION COpy S ALE #35 Sw CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COUR1HOUSE 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 $ 179.25 1.50 180.75 Publisher's Receipt for Adyertising Cost The Piltriot 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 that the same have been duly paid. By.................................................................... ,;;;, , REAL ESTATE SALE NO. 35 Wrtt No. 2000-2699 Civil Beneficial Consumer Discormt Company D IB I A Beneficial Mortgage Co. of Pennsylvania vs. Anna K. Shaver Atty.: Leon P. Haller ALL THAT CERTAIN piece or parcel of land lying and bemg situ- ate in the Township of Hopewell. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pm adJa- cent to a telephone pole and comer of land of J. Finkey. said pomt be- mg on the Westerly side of the road leading from Three Square Hollow to Route 944: thence along the West- erly side of the said road North 38 degrees West 100 feet to an iron pm; thence along land of said grant- 0rs herein South 54 degrees West 100 feet to an iron pin: thence by the same South 38 degrees East 175 feet, more or less, to land of J. ' Finkey; thence by land of J. Finkey North 4 degrees East 125 feet. more or less, to an iron pin. the place of BEGINNING. HAVING A DWELLING ERECT- ED THEREON KNOWN AS 1425 TIlREE SQUARE HOLLOW ROAD. NEWBURG. PA. BEING THE SAME PREMISES WHICH Anna K. Shaver. AdmlI1is- tratrtx of the Estate of Donald F. Shaver, by deed dated 9/29/86 and recorded Il/lO/86 m Deed Book H-32. Page 404 granted and con- veyed unto Anna K. Shaver. TO BE SOLD AS THE PROP- ERTY OF ANNA K. SHAVER ON JUDGMENT NO. 2000 2699. ASSESSMENT: Il-06-0041-006. - ~. ,~~ ~" - ",,,-. "'-' ,~~'=~'= . I~'.ill- ~'. J -" " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. LI784 STATE OF PENNSYL VANIA : ss, COUNTY OF CUMBERLAND : 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 27, NOVEMBER 3, 10,2000 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. ROgerC. Mor~ Editor SWORN TO AND SUBSCRIBED before me this 10 day of NOVEMBER. 2000 N A SEAL LOIS E. SNYDER, Nolary PUblic Corlillo 110..., Cum"odand County. PA My Commisoion bpi'" MalCh 5, 2001