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HomeMy WebLinkAbout02-6155McCABE, 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 Mary L. Thomas 300 Shippensburg Rd. Shippensburg, PA 17257 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued m court. If you wish to defend against the claims set forth m the following pages, you must take act/on 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 AVISO Le han demandado 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 la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escr/ta o en persona o con un abogado y entregar a la forte 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 m~dldas y puede continuar la demanda en contra suya sin previo awso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinem 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 Mary L. Thomas 300 Shippensburg Rd. Shippensburg, PA 17257 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Mary L. Thomas, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-kno~vn address is 300 Shippensburg Rd., Shippensburg, PA 17257. 3. On 11/22/1999, 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 1583, Page 748. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 300 Shippensburg Rd., Shippensburg, PA 17257. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/22/2002 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. The following amounts are due on the mortgage: Principal Balance $ 89,665.83 Interest 04/22/2002 through 11/07/2002 $ 5,902.00 (Plus $ 29.51 per diem thereafter) Attorney's Fee $ 4,483.29 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 100,501.12 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 $100,501.12, together with interest at the rate of $29.51 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TERRENCE J. McCABE, Attorney for Plaintiff VERIFICATION The undersigned, Joe Kraynak, hereby certifies that she is the ForecLosure Specialist o,f the Plaintiff in the within action, ~~ ~ /'~zg'~~cc~ --'-~~d that she 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. Joe Kraynak NOV 1:3 2002 12:1:3 PM FR HOUSEHOLD 638 617 7744 TO 912157905990 F'.05/1-' ~SMORTOAO~ismadeth~sday 22N0 of NOV~ER 1909. ~w~thcMo~t, '~RY L., THOng . ~h~a: ~w~ ) ~d MO~ _ B,~NEF I C L~L C0NS~EE 01 SCORNT C0,~ANV ~ENEFC~IAL ~RTGAGE CO OF PENNSVLVANIA ~83. W~YNE AVENUE, CHA~ERSBURG. PA 12201 ~e following ~mgraph pr~cded by ~ choked box is a~ii~b~. ~d my e~ ~ ~w~s ~e~f (~n 'No~e'). p~ding f~ money :~ ~nd e~ and r~w~s ~f (h~n Note ), ~ for mon~ly ~lmen~. ~; ALL ~HAT CERTAIN PROPERTY SITUATED IN THE TO.SHIP OF ~.",; HOPEWELL IN HE COUNTY OF C~ERLAND ANO CO~O~EALTH ' OF PE~SYLVANIA BEIN~ MORE FULLY DESCRIBED I A FEE i,~ OEED DATED 0410~IIGGV AND RECORDED 0510VllgO~ ~NG THE LAND RECORDS OF THE OUNY AHO STATE ~ET FORTH ABOVE IN VOL~E 15] PAGE · J- 20~9 ~ P.4,001~ 1 F I LE COPY IIlJlllililllllBllillllllllll /¢ i ~t~d ~wy ~e ~ h~by c~vey~ nnd hm the d~t [ ~;~ ~ to ~m~ of ~& ~1 deled gently the ti~e ~ the ~ a~t ~I claims '~ ~ . ~ ~ng ~d a~t or v ....... ~- ~ may not c~ for ........ ~to, ~ ~ f ~: 3' A~l~tion ofPaym.~ E NOV 13 2002.. ~, 12:14 PM FR HOUSEHOLD 638 617 7744 TO 912157905990 ~ ~!1 ~ve ~ fi~: w ~d the ~lici~ ~d ~fls t~t, sub~ ~ ~ a~ent with a 1i~ w~eh ~ ~ly ov~ ~ts 71~ l~i~t m~m~y by Bo~w~. If ~ Pro~ is ab~a~ by ~wer, or i~ Bo~w~ fail~ to r~ to ~ ~thln 30 ~ys from the ~e &~g~ ~ ma~ by' '~ m B~w~ ~at the i~ ~i~ off~ .'~.~ ~ ~ll~ ~d ap~y ~e i~ ~ at ~t's opUon ~th~ ~ ~ or ~lr of the r~y or ~:; ::: ~ ~tvafi~ ~d M~ote~n~ of ~o~ty; ~hold~; C~domlmu~, n~nn~d Uni~ Dc~elo~m~.?. }..: ~ ~d s~l ~mply ~th the ~vmo~ of any I~ ti ~s I .:'.:in a ~omi~ or a p~ ~i~ dc~lo~t. ~w~ ~lt ~o~ ~ ~on ~ ~v~n~ c~6~ or ~v~ ~e ~mlni~ o~ plsfl~ ~il ~vdopmmt, ~e b~laws and ~ 7:~o~tJOa of ~nd~s S~ity. If ~w~ t~is to ~orm '~ :'~ ~ if ~y ~ or ~z~ is c~mm~ which ma~iy ~.~'s ~:..i~, ac ~'s ~ion, u~n ~ ~ ~w~. may m~e ~h ' :.;" ~ am~ disb~ by ~r p~t ~ t~s ~ph 7, wt~h ln~l ~ at ~c coati ra~, ~alt 8. ~s~i~. ~ may ~ or ~ ~ ~ m~e ~ablc t '~:'/ P C~dem~ ~ ~ of anyaw~ ~ d~m for ~ ~ ~! ~ ~d ~O ~, mb~ m ~e ~s of ~y m~, d~ of ~ ~ other ~ud~ a~t ~th a !0. Boi~ower Not Reich; ~orb~n~ By ~der N~ n Waiver. ~on of ~ gme for ~ym~t o~ in~ ~ s~l not ~ ~ to ~mm~ ~ n~i~ s~h ~or or r~ to e~d gmc for ~t ~ o~ m~ify ~mo~g~ ~ ~ sums ~u~d b~ ~is ~, ~ O~W~ aff~ ~y ~h~ble law, s~[l no~ ~ a wat~ o~ or ~e me ex~,~ o~ ~y ~5 ~ or .:11. $vc~s~s nd Assig~ Bound; Joint and Seve~l Liability; C~i~e~, The ~ ~d e~m~ ~n c~n~ ~ll ~nd, ~ ~e ~gh~ h~ s~l ifl~ ~, the ~i~ ~ ~ ~ of ~ and ~wer, 8ub~ ~ ~ pro~o~ o~ ~ph 16 he~f. ~l cov~n~ ~ a~ ~ ~w~ ~ali ~ joint and ~g. ~y ~w~ who co~ ~s ~. but d~ ~t mop. ge, ~t ~ conv~ ~t ~w~'s in~ in ~e ~ ~ ~r ~ the t~ s of ~s Mo~gage, (b) is not ~ly liable ~ ~ Not~ ~ un~ t~s Mo~ge, ~d (c) a~ t~t ~r ~d ~y ~ ~r~wer here~r may a~ ~ e~, m~fy, for~, or m~e any Other ~mmo~go~ No~' ~o~ ~t ~ower's ~t ~d wilho~ ~l~flg ~at ~;ower ~w~a in~ iff ~e Pretty. O~-~-g9 ~ IglaglllalgilllllBlllg FILE ~Y Nuu lB 2002 12:15 PM FR HOUSEHOLD 630 617 ??44 TO S12157905S90 ~;~ ~'2, Nolte. ~ for ~y aotie · · .... ' ..... ~,~ A~at~ o~a~.~n___~ .... --~cn ~ ~y ~ifi~ mai; ~ ~ ~ ~w~ may =~ ~ n~ to ~r ~ ....~ n~m ~ noti~ ~o~ for i ..... :, ~ ~a. GovemMg ~aw; Se~rability. ~e ~ ~ 1~ . '" ·: ~ ~ ~iS e~ ~c ~a~: ..... =7 'l~gcor taeflo~ w~ch can ~ ~ .... ~. ~ff~'-'apPll~ololaw,~ch ...... ~ ~ °r thmM~eat ~ timeof ~"f~s°~ma r~;~ ..... ~n~ wmcn ~ ........ . ~..~ ~d~ any bom M_... ~row~ may ~ a~;~ ~.:~. ~ ~Me~,an~m ..... Y. If ~ ~lls or t~ ail or _ .= ~ Of law ~ ~e ~ ~. ~ ...... ~r~ to ~ M~.-- t~ _. ~ ~ ~ tnt~ ) o .... °'~Y ]~nold {n~ o~---- ' ~i'~' ~ ~ by ; ¢~~~ f.~ .... ~wer, (f) a ~ w~..- a~h~, (ela,~. ~0~ ~aem~t a~menk ~ ~h the ~ of t~ ~w~' ~auun a~t in vM~ ae,~-cow~ i$ and ~m~m a · ~n~ . ~ .~' · . ~J~ ~ · ~ ~l.~1 0~S ~ ~ ~~;~bY~oh 17'[~' ~n~ may wimout fu~ nog~ ~'~ ~: b~cb on ~ ~fo~ Ibc da~ ~ ~ifie · . . : ] M . d~ault ~ ~ otb ....... d the righl to a$~ ~ ~ .... ]] tU~her iaf~m : .. ..... ~ s~ified in ~e noti~ t ~- --Z-,=,,,z~ anG for~los~ ,,.~.~]n$ the . [ ~ed ~y ~is M~ga~.to ~ imm~t ' . . r-,~.., may ~ =11 of ~e .: , ~oef, at ~,s o~:~n . - .a~uc o~ i$~ot ~. Ut.~ zz~ftOG to ~ --~- .u suc~ r ' this ~ ~.~dti~cre~rts. , ~sooablc attorneys' f~ - - P ~C~ag all ez~ , ~- ~umenzary evidence, ;' ;~ ~ ';~';' PAO01~ ', ~.~' ,wuv iu ~WOZ 12:16 PM FR HOUSEHOLD 638 617 7744 TO 912157985998 .l&; Borrower's Right to Reinstate. Notwithstanding Lender's ac~l~tion of %he sums by ~ M~ge ~w~'s ~h, ~w~ ~l ~ ~he ~t ~ have any ~in~ ~ b~ ~d~ to ~~ at a~ time ~ ~ ent~ of a ~t ~o~ ~is M~i~ if: (a) ~w~ ~ ~! ~ of a~ other ¢ov~ or a~m~ of ~w~ ~n~ {n this ~: (c) ~ all ~ble ~ in¢o~ by L~r in ~o~ing the ~v~n~ ~d a~m~ .'~t limi~ ~, ~bl~ a~rn~' f~; and (d) ~r~wer ~ ~h ~i~ ~ ~ may r~bl~ ~ui~ ,~ ~t ~ li~ of tMs Mo~$, ~'a in~ in ~e Pm~y a~ ~ow~r's obli$~on to ~y the sums ~'by ~is ~ ~1 ~ntin~ ~m~i~. ~ a~h ~t ~d ~ by ~w~, this ;.~e o~ ~ h~by ~l ~aln in full fo~ md ~f~t ~ if no a~l~on ~ ~u~. :" '" 19, ~m~t of R~; Appointm~t of R~eiv~. ~ ad~go~l ~u~y h~o~, ~r~ he.by ~.:{~-~, ~n a~ndonm~t of ~e ~o~, have the fi~t to ~11~ and ~a ~h m~ as th~ ~me : ~ ~ ;. U~ ~ ~e p~ph 7 h~f ~ a~ndom~nt of the ~. ~a~ shall ~ ~ to ? ~ ~ a~nt~ ~ a ~ ~ ~ u~. ~e ~ of and m~ ~ ~ ~d ~ ~I[~ the ~ "{ i~;bf ~ P~ i~el~i~ m~ ~ d~. Alt ~ ~I1~ by t~ r~iv~ s~ll ~ a~i~ fi~ ~ ~m~t of ;; .~ ~.~ m~t of ~ P~ a~ ~ll~on of ~, i~l~n~ but ~t limi~ to, r~v~'$ ,! ~'i¢.f, .., .i ~l~. ~ ~'$. ~ ~d ~able a~rn~' f~, and th~ ~ ~e soma ~u~ by tMs M~gc. ~ ~ ;~v~.~l ~ hame ~ ~t ~ly for ~ ~ ~ly ~ {.~ 21.~iv~. of Hom~t~d. ~w~ ~reby w~v~ ~1 rtSt ~ ~m~ ~ m the P~i~ F~LE COPY IJJlllllllJlllllllllnll PA00126.q NOV 13 2002 12:IG PM FR HOUSEHOLD 608 617 7744 TO 912157985998 P.10×I-' t.-;,. · REQUEST POP. NOTICE OF D~FAULT ii ', "' -~ AND FORECLOSURE UNDER SUPF. RIOR MORT(]AGES OR DEI~DS OF TRUST B0r_r_r_r_r_r_r_r_r_~er ~md I.~tldee request the holder of any mortgage, deed of trust or ottgr encumbrance with a li~.n which h~ d~uk under th~ ~perior ca~brance and of aay sale or o~h~r foreclosure action ~ ~. priority over this Mortgage to giv~ Notice to/~nd~r, *t I.~nder% add~ ~et forth on page or~ of ~h~s Mortgage, of any · i.{~- I he.by certify that the precise address of the L~nder (Mortgage~) is: 983 ~ayne Aveuue ~'~{ Cli*-,bersburg, PA 17201 On behal, fofthel.e~der. By; lqtchae r'- ~uts a COMMONWEALTH OF PENI~ISYLVANIA, Franklin Tkl~__ l~-~i~-~ff~-~--~-  , a Notary Public in and for said oounly and state, do hereby cergfy that ly lcno~n to me to be the same pemon(~} whose name(s} ~ su ' i'!' ~ b~or~ me this day in petson, and~,~.__,.~ ....... - ' ?scribed to thc forcgoing lnslru i h~r. , ..... ~u,~ ' ne si~Cda.a~_,.- ...... ment, :: . freo voluntary act, for the us~ and purposc~ therein sot forth,-- :~/Oiven under my hand and official seal, h"ds 22nd day of _ November ,1999 . No~/y Public This i~m~nt was ~ ~ Barbara j. Baker ~83 ~ayne Avenue ~ambersbu=E~ PA 17201 (Address'~' - (SF,~ce l~low This Lia~ R~crv~;1 Pm' L~ad~r and Recorder)., , ,,, Return To: .... " 577 Lamont Road J~lrnhurst, IL ~0126 FILE ltlllilllllllllllllllllllflll ix EO02 12:lJ PM FR HOUSEHOLD 11/7/o2 1:o~ 630 617 7744 TO 912157985998 PAGE ~/~ AiEhtb'AX EXKIBIT A ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF HOPEWELL IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 04/30/1997 15_ND RECORDED 05/07/1997, AMONG THE LAITD RECORDS OF TH~ COUNTY A_ND STAT~ SET FORTH ABOVE, IN DEED VOLUME 157 i'AND PAGE 287. ~ADDRES3:300 SHIPPENSBURG RD; SHIPPENSBURG, PA 17257 MAp OR PARCEL ID NO.: 11-09-0507-051 TAX P.04/]-' SHERIFF'S RETURN - REGULAR CASE NO: 2002-06155 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS THOMAS MARY L RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THOMAS MARY L the DEFENDANT , at 1148:00 HOURS, on the 3rd day of January at 300 SHIPPENSBURG RD SHIPPENSBURG, PA 17257 by handing to MARY SHOEMAKER, ADULT DAUGHTER OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE NOTICE , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.11 Affidavit .00 Surcharge 10.00 .00 41.11 Sworn and Subscribed to before me this /J~ day of ~jj. ~;.D AiD. ~ / Prothonotary ~ ~ So Answers: Ol/O7/2oo3 MCCABE WEISBERG/~ CONWAY By: ~ ~ // D~puty Sheriff 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 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : Mary L. Thomas Attorney for Plaintiff Cumberland County Court of Common Pleas : : : :Number 02-6155 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 11/8/02-3/5/03 TOTAL $ 100,501.12 .$ 3,452.67 $ 103,953.79 T'~'RRE~d~ J~.~'M~CA~-E, ESQUIRE AND NOW, this ~ day of~ ,~2003' Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania and against Defendant, Mary L. Thomas and damages are assessed in the amount of $103,953.79, plus interest and costs. BY THE PROTHONOTARY: 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 Beneficial Consumer Discount Company,: d/b/a Benefic£al Mortgage Company of : Pennsylvania : Vo Mary L. Thomas Attorney for Plaintiff Cumberland County Court of Common Pleas : : : :Number 02-6155 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, Mary L. Thomas, is over eighteen (18) years of age, and resides at 300 Shippensburg Road, Shippensburg, PA 17257. SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th DAY OF MARCH, 20O3. NOTARY PUBLIC TERRED~E J. McCABE, ESQUIRE 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 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : : V. Mary L. Thomas Attorney for Plaintiff Cumberland County Court of Common Pleas : : :Number 02-6155 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 SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th DAY OF MARCH, 2003. NOTARY PUBLIC Attorney for Plaintiff Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 January 28, 2003 To.' Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Peunsylvania VS. ,;Mary L. Thomas Cumberland County Court of Common Pleas Number 02-6155 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 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 TIM/cc NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber prescntado una comparecencia escrita, ya sea personalmente o por abogado y por no haber radicado por escrito con este Tribunal sns defensas u objeciones a los reclamos formulados en contra suyo. Al no tomar la accion debida dentro de diez (10) dias de la fecha de esta notificacion, el Tribunal podra, sin necesidad de comparecer nsted en corte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notification a un abogado inmediatamente. Si nsted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por 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 MeCABE, WEISBERG AND CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 EXHIBIT 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. TERRE~E J. McCABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania Vo Mary L. Thomas Cumberland County Court of Common Pleas : : : :Number 02-6155 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as i n~i C~ow. Curtis R. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, Terrence J. McCabe, Esquire at (215) 790-1010. please call --' PLEAS OF CUMBERLAND cOUNTY PENNSYLVANIA IN THE COURT OF COMMON CIVIL DIVISIO~ -- FILE NO.: 02-6155 civil Term Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania Vo AMOUNT DUE: $103,953.79 INTEREST: fro---~--~6/03-6/11/03 1 656.76 at 17.08 Per Diem ATTY'S COMM.: Mary L. Thomas 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 ~x~CUTION Issue writ or execution in th~ above matter to the Sherlff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 300 Shippensburg Road, Shippensburg, PA 17257 (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 r~al estate of the defendant(s) described in the attached exhibit. DATE: March 5, 2003 Print Name: TERRENC~. J. McCAB , ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 ALL THE FOLLOWING described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a point in the center of the Shippensburg-Newburg Road at the bridge and over the southwesterly bank of the Conodoguinet Creek; thence along the center of said road, northwestwardly 15 rods to the intersection of the centerline of a Township Road; thence along the centerline of said Township Road, southwestwardly 15 rods to a point; thence by land now or formerly of Charles H. Besoreand Pearl Besore, his wife, southeastwardly and parallel with said Shippensburg-Newburg Road, 14 rods to a point on the southwesterly bank of said Conodoguinet Creek; thence along the southwesterly bank of said Conodoguinet Creek, northeastwardly to the place of beginning. Tax Map 09-0507, Parcel 051 Tax Map 09-0507, Parcel 051/02 TITLE TO SAID PREMISES IS VESTED IN Mary L. Thomas, Unmarried by Deed from ' Associates Consumer Discount Company, a Corporation dated 4/30/1997, recorded 5/7/1997~ in Record Book 157, Page 287. BEING KNOWN AS 300 Shippensburg Road, Shippensburg, PA 17257. TAX MAP PARCEL NUMBER: 09-0507 Parcel 051 09-0507 Parcel 051/02 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02=6155 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From MARY L. THOMAS (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 $103,953.79 L.L. $.50 Interest FROM 3/6/03 - 6/11/03 $1,656.76 AT 17.08 PER DIEM Atty's Corem % Due Prothy $1.00 Atty Paid $123.11 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 Pr°th°n°~'7 Deputy 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 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : Mary L. Thomas Cumberland County Court of Common Pleas : : : :Number 02-6155 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 300 Shippensburg Road, Shippensburg, PA 17257 , 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 Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 o Name and address of Defendant(s) in the judgment: Name Address Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 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 Beneficial CDC, d/b/a Beneficial Mortgage Co of Pa mortgage of record: Name 938 Wayne Avenue Chambersburg, Pa AND P.O. Box 8621 Elmhurst, I1 60126 17201 Name and address of the last recorded holder of every Address Beneficial CDC, d/b/a Beneficial Mortgage Co of Pa 938 Wayne Avenue Chambersburg, Pa AND P.O. Box 8621 Elmhurst, I1 60126 17201 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) 300 Shippensburg Road Shippensburg, PA 17257 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 TERRE~C~ cCABE, ESQUIRE Attorney for Plaintiff ALL THE FOLLOWING described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a point in the center of the Shippensburg-Newburg Road at the bridge and over the southwesterly bank of the Conodoguinet Creek; thence along the cemer of said road, northwestwardly 15 rods to the intersection of the centerline of a Township Road; thence along the centerline of said Township Road, southwestwardly 15 rods to a point; thence by land now or formerly of Charles H. Besoreand Pearl Besore, his wife, southeastwardly and parallel with said Shippensburg-Newburg Road, 14 rods to a point on the southwesterly bank of said Conodoguinet Creek; thence along the southwesterly bank of said Conodoguinet Creek, northeastwardly to the place of beginning. Tax Map 09-0507, Parcel 051 Tax Map 09-0507, Parcel 051/02 TITLE TO SAID PREMISEs IS VEsTED IN Mary L. Thomas, Unmarried by Deed from Associates Consumer Discoum Company, a Corporation dated 4/30/1997, recorded 5/7/1997, in Record Book 157, Page 287. BEING KNOWN AS 300 Shippensburg Road, Shippensburg, PA 17257. TAX MAP PARCEL NUMBER: 09-0507 Parcel 051 09-0507 Parcel 051/02 X - tIBIT 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 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : Mary L. Thomas Cumberland County Court of Common Pleas : : : :Number 02-6155 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 Your house (real estate) at 300 Shippensburg Road, Shippensburg, PA 17257 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 $103,953.79 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAL~ To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania, 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 S~RIFF'S SALE DOES TAKE PLAC~ 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. 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. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WI~ERE 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 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania Vo Mary L. Thomas Attorney for Plaintiff Cumberland County Court of Common Pleas : : : :Number 02-6155 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. I' NOTARI~,L SF-AL 'I TERRENCE 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 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania Vo Mary L. Thomas Cumberland County : Court of Common Pleas : : : :Number 02-6155 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 300 Shippensburg Road, Shippensburg, PA 17257 , 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 o Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 Name and address of Defendant(s) in the judgment: Name Address o o Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address~ Beneficial CDC, d/b/a Beneficial Mortgage Co of Pa 938 Wayne Avenue Chambersburg, Pa 17201 AND P.O. Box 8621 Elmhurst, I1 60126 Name and address of the last recorded holder of every mortgage of record: Name Addre s s Beneficial CDC, d/b/a o Beneficial Mortgage Co of Pa 938 Wayne Avenue Chambersburg, Pa AND P.O. Box 8621 Elmhurst, I1 60126 17201 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. o 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 300 Shippensburg Road Shippensburg, PA 17257 Cumberland County P.O. Box 320 Carlisle, PA 17015 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 TERRENCE J. McCABE, ESQUIRE 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 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : : V. Mary L. Thomas Attorney for Plaintiff Cumberland County Court of Common Pleas : : :Number 02-6155 Civil Term DATE: TO: April 22, 2003 ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SA?.m OF REAL PROPERTY OWNER(S): Mary L. Thomas PROPERTY: 300 Shippensburg Road, Shippensburg, PA IMPROVEMENTS: Residential Dwelling 17257 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. Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania VS Mary L. Thomas In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-6155 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions fi.om Attorney Terrrence McCabe. Sheriff's Costs: Docketing 30.00 Poundage 12.07 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 27.60 Levy 15.00 Posting Handbills 15.00 Advertising 15.00 Law Journal 256.10 Patriot News 197.83 Share of Bills 25.24 $ 615.34 paid by attorney 6/11/03 Sworn and subscribed to before me So Answers: R. Thomas Klin~, Sheriff Prothonotary Real E'gtate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act 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 cimulation, 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 Mamh 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. COPY R w n r n/enny~ ~Nuu~i~yH'p ~t~icf n i~,~F~/~ h. City Of H~rdsburg,' Dauphin Coun[,/ day~ay~_~ ~i.E'l~le, ~ My Commission Expires June 6, 2006 BLI C Member, Pennsviv3nie A~seciation Of NotarieSMy commission expires June 6, 2006 CUMBERLAND COUNYI3' SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE 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 $ 196.08 $ 1.75 $ 197.83 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ,,dge receipt of the aforesaid notice and publication costs and certifies that the same have 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 tree. ~ ~TA~ ~ NO. 37 Writ No. 2002-6155 Civil Beneficial Consumer Discount Company. d/b/a Beneficial Mor~age Company of pennsylvarda Mary L. Thomas Atty.: Terrence McCabe ALL THE FOLLOWING described real estate lying and being situate in HoI~well Township, cumberland County, pexmsylvan~, bounded and limited as follows: BEGINNING at a point in the cen* ter of the Shippensburg-Newburg Road at the bridge and over the southwesterly bank of the COhOdo' gutnet Creek: thence alonq~ the c~- ter of said road, northwestwara Y 15 rods to the intersection of the centeriine of a Township Road: thence along the centerline of said Township Road. southwestwardly 15 rods to a point: thence by land now or formerly of Charles H. Besore and Pearl Besore. his wife. south- eastwardly and parallel with said Shippensburg-Newburg Road, 14 rods to a point on the southwest- erly bank of said Conodoguinet Creek: thence along the southwest- erly bank of said Conodoguinet Creek, northeastwardly to the place of beginning. Tax Map 09-0507, parcel 051. Tax Map 09-0507, parcel 051/ 02. TITLE TO SAID PREMISES 1S VESTED IN Mary L. Thomam Un- married by Deed from Associates Consumer Discount Company, a Corporation dated 4/30/1997, re corded 5/7/1997. in Record Book 157, page 287. ~r~c~ KNOWN AS 300 Skippon_s_- SWORN TO AND SUBSCRIBED before me this 9 _day of MAY, 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 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : Vo Mary L. Thomas Attorney for Plaintiff Cumberland County Court of Common Pleas :Nuraber 02-6155 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter against Defendant answer Complaint Procedure judgment by default in favor as and assess damages as follows: Principal Interest from 11/8/02-11/25/03 At 29.51 Per Diem TOTAL the above-captioned matter required by Pennsylvania of Plaintiff and for failure to Rules of Civil $ 111,773.94 TERREN~E J. McCABE, ESQUIRE AND NOW, this ~A~tday~f ~ ,~2003,~'~ Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania and against Defendant, Mary L. Thomas and damages are assessed in the amount of $111,773.94, plus interest and costs. BY THE PROTHONOTARY: $ 100,501.12 $ 11,272.82 McCABE, WEISBERG AND CONWA¥, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : Mary L. Thomas Attorney for Plaintiff Cumberland County Court of Common Pleas :Number 02-6155 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 is attached hereto and marked Exhibit SWORN TO A/~D SUBSCRIBED BEFORE ME THIS 25~n DAY OF NOVEMBER, 2003. PUBLIC ,~OTARIAL SEAL Civil Procedure No. 237.1 ESQUIRE Attorney for Plaintiff Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 January 28, 2003 To~ Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. ~..ry L. Thomas Cmberland County Court of Common Pleas Number 02-6155 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE 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 (I 0) 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Usted se encuentra en estodo de rebeldia por no haber presentado una comparecencia escrita, ya sea personaimente o por abogado y pot no haber radicado por escrito con este Tribunal sus defensas u objeciones a los reclamos formulados en contra suyo. Al no tomar la aecinn debida dentro de diez (10) dias de la fecha de esta notificacinn, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba alguna, dictar sentencia en su contra y usted podrla perder bienes u otros dereehos importantes. Debe llevar esta notificacion a un abogado inmediatamente. Si usted no tiene abogado, o si no tiane dinero suficiente para tal servicin, vaya en persona o llame per telefono a la oficina, nombrada para averiguar si puede conseguir aaistoncia 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 TJM/cc 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 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : V. Mary L. Thomas Cumberland County Court of Common Pleas :NurSer 02-6155 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, Mary L. Thomas, is over eighteen (18) years of age, and resides at 300 Shippensburg Road, Shippensburg, PA 17257. SWORN TO AND SUBSCRIBED BEFORE ME THIS 25~h DAY OF NOVEMBER, 2003. NOTARY PUBLIC TERREN~E J. McCABE, ESQUIRE Attorney for Plaintiff 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. NqE J.~A~'E, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : Mary L. Thomas Cumberland County Court of Common Pleas :Number 02-6155 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. 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, CIVIL DIVISION FILE NO.: 02-6155 Civil Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania Vo Mary L. Thomas PENNSYLVANIA Term AMOUNT DUE: $111,773.94 INTEREST: from 11/26/03 3/3/04 $1,800.26 at 18.37 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) 300 Shippensburg Road, Shippensburg, PA 17257 (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: November 25, 2003 Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 ALL THE FOLLOWING described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a point in the center of the Shippensburg-Newburg Road at the bridge and over the southwesterly bank of the Conodoguinet Creek; thence along the center of said road, northwestwardly 15 rods to the intersection of the centefline of a Township Road; thence along the centerline of said Township Road, southwestwardly 15 rods to a point; thence by land now or formerly of Charles H. Besore'and Pearl Besore, his wife, southeastwardly and parallel with said Shippansburg-Newburg Road, 14 rods to a point on the southwesterly bank of said Conodoguinet Creek~ thence, along the southwesterly bank of said Conodoguiaet Creek, northeastwardly to the place of beginning. Tax Map 09-0507, Parcel 051 Tax Map 09-0507, Parcel 051/02 TITLE TO SAID PREMISES IS VESTED IN Mary L. Thomas, Unmarried by Deed from Associates Consumer Discount Company, a Corporation dated 4/30/1997, recorded 5/7/1997, in Record Book 157, Page 287. BEING KNOWN AS 300 Shippensburg Road, Shippensburg, PA 17257 TAX MAP PARCEL NUMBER: 09-0507 Parcel 051 0%0507 Parcel 051/02 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-6155 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENIFICIAL CONS. DISC. CO, d/b/a BENIFIC1AL MORTGAGE CO. OF PENNSYLVANIA Plaintiff (s) From MARY L. THOMAS, 300 SHIPPENSBURG ROAD, SHIPPENSBURG PA 17257. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 300 SItIPPENSBURG ROAD, SHIPPENSBURG PA 17257 (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 $111,773.94 Interest ftl)2l.l~TO 3/3/04 ~ $18.37 per diem Atty's Comm % Arty Paid $759.95 Plaintiff Paid Date: DECEMBER 2, 2003 (Seal) REQUESTING PARTY: Name TERRENCE J. MCABE, ESQ. Address: 123 S. BROAD ST., STE. 2080 PHILADELPHIA PA 19103 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 16496 = $1,800.26 Due Prothy 1.00 Other Costs CURTIS R. LONG Prnthonb~ary JDeputq 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 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : Mary L. Thomas Cumberland County Court of Common Pleas :Number 02-6155 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 300 Shippensburg Road, Shippensburg, PA 17257, a copy of the description of hereto and marked Exhibit "A." 1. Name and address of Owner(s) Name said property is attached or Reputed Owner(s): Address Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 Name and address of Defendant(s) in the judgment: Name Address Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 o Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Co of Pa 4. Name and address of the last mortgage of record: Name 938 Wayne Avenue Chambersburg, Pa AND P.O. Box 8621 Elmhurst, I1 60126 17201 recorded holder of every Address Beneficial CDC, d/b/a Beneficial Mortgage Co of Pa 938 Wayne Avenue Chambersburg, Pa AND P.O. Box 8621 Elmhurst, I1 60126 17201 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. 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) 300 Shippensburg Road Shippensburg, PA 17257 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. November 25, DATE 2003 TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff ALL THE FOLLOWING described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a point in the center of the Shippensburg-Newburg Road at the bridge and over the southwesterly bank of the Conodoguinet Creek; thence along the center of said road, northwestwardly 15 rods to the intersection of the centerline of a Township Road; thence along the centerline of said Township Road, southwestwardly 15 rods to a point; thence by land now or formerly of Charles H. Besore'and Pearl Besore, his wife, southeastwardly and parallel with said Shippensbttrg-Newburg Road, 14 rods to a point on the southwesterly bank of said Conodoguinet Creek; thence along the southwesterly bank of said Conodoguinet Creek, northeastwardly to the place of beginning. Tax Map 09-0507, Parcel 051 Tax Map 09-0507, Parcel 051/02 TITLE TO SAID PREMISES IS VESTED IN Mary L. Thomas, Unmarried by Deed from Associates Consumer Discount Company, a Corporation dated 4/30/1997, recorded 5/7/1997, in Record Book 157, Page 287. BEING KNOWN AS 300 Shippensburg Road, Shippensburg, PA 17257, TAX MAP PARCEL NUMBER: 09-0507 Parcel 051 09-0507 Parcel 051/02 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 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of Pennsylvania Mary L. Thomas Cumberland County : Court of Common Pleas :Number 02-6155 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 Your house (real estate) at 300 Shippensburg Road, Shippensburg, PA 17257 more fully described as attached) is scheduled to be sold at Sheriff's Sale on MARCH 3, 2004 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 $111,773.94 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania, 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.) 2 o 5 o o 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. 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. The sale will 9o 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. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY EAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 McCABE, WEISBER~ AND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Identification Nu~er 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : Mary L. Thomas Cumberland County Court of Common Pleas :Number 02-6155 Civil Term AFFIDAVIT OF SERVIC~ I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 29th DAY OF DECEMBER, 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." TE~T~EN~E J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 29th DAY OF DECEMBER, 2003. J NOTAFIIAL SEAL 1 LANA T. WATTS, Not~ry ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Nua~ber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : Cumberland County Court of Common Pleas : Mary L. Thomas :Number 02-6155 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 300 Shippensburg Road, Shippensburg, PA 17257, a copy of the description of hereto and marked Exhibit "A." 1. Name and address of Owner(s) Name said property is attached or Reputed Owner(s): Address Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 Name and address of Defendant{s) in the judgment: Name Address Mary L. Thomas 300 Shippensburg Road Shippensburg, PA 17257 Name and last known address of ~ every udgment creditor whose judgment is a record lien on th real property to be sold: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Co of Pa the last Name and address of mortgage of record: Name Beneficial CDC, d/b/a Beneficial Mortgage Co of Pa ExhibitA 938 Wayne Avenue Chambersburg, Pa AND P.O.. Box 8621 Elmhurst, I1 60126 17201 recorded holder of every Address 938 Wayne Avenue Chambersburg, Pa AND P.O. Box 8621 Elmhurst, I1 60126 17201 5 o 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 Addre s s None. 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) 300 Shippensburg Road Shippensburg, PA 17257 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. December 29, 2003 DATE TEERENCE J. McCABE, ESQUIRE Attorney for Plaintiff £xhibitA 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 Beneficial Consumer Discount Company,: d/b/a Beneficial Mortgage Company of : Pennsylvania : Mary L. Thomas Attorney for Plaintiff Cumberland County Court of Common Pleas : : : :Number 02-6155 Civil Term DATE: December 29, 2003 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Mary L. Thomas PROPERTY: 300 Shippensburg Road, Shippensburg, IMPROVEMENTS: Residential Dwelling PA 17257 The above-captioned property is scheduled to be sold at the Sheriff's Sale on MARCH 3, 2004, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, i 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 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 Beneficial C D C d/b/a Beneficial Mtg Co of Pa is the grantee the same having been sold to said grantee on the 3rd day of March A.D., ~2~2004, under and by virtue of a writ Execution issued on the 2nd day of December, A.D., 2t~2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 6155, at the suit of Beneficial C D C d/b/a Beneficial Mtg Co of P~a against Mary L Thomas is duly recorded in Sheriff's Deed Book No. 262, Page 866. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ('~ ~/~ day of '~_ , A.D2004 &~, ~c~' ,~)\ l~corder o f De ed s Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS Mary L. Thomas In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-6155 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on December 10, 2003 at 9:20 o'clock AM, 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: Mary L. Thomas, by making known unto Mary Thomas, personally, at 300 Shippensburg Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 14, 2004 at 10:40 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mary L. Thomas located at 300 Shippensburg Road, Shippensburg, 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 the within named defendant, to wit: Mary L. Thomas, by regular mail to her last known address of 300 Shippensburg Road, Shippensburg, PA 17257. This letter was mailed under the date of January 13, 2004 and never returned to the Sheriff's 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 March 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Terrence McCabe for Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Permsylvania. It being the highest bid and best price received for the same, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Permsylvania of 961 Weigel Drive, P.O. Box 8634, Elmhurst, IL 60126, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $746.08, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 14.63 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 27.60 Levy 15.00 Surcharge 20.00 Law Journal 260.75 Patriot News 213.28 Share of Bills 29.32 Distribution of Proceeds 25.00 SherifFs Deed 39.50 $ 746.08 Sworn and subscribed to before me So Answers: This ,~ ~_ day of J~go_ot/.~ ;r'~-'''~'' R. Thomas Kline, Sheriff ~romonotary Y Real Estate E/eputy Real Estate Sale # 66 On December 05, 2003 the sherifflevied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA Known and numbered as 300 Shippensburg Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 05, 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 Mamh 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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 subsequenUy duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Mi~ Volume 14, Page 317. /~. PlIRI I ~' A'KI ('~ M REAL ESTATE SALE No. 66 efo~ls/~~ day/~f/F/~y 2 Writ No. 2002-6155 Sworn to and subscribed b 004 A.D, CO, City 0 Ha~ebu re. Dauphin ~niy ~'l d/b/e Beneficial Mortgage Co. of My Commies)on Ex, res June 6, L~ I~y c0rnmissJon expires June 6, 2006 ALMPennsvYsIvanl" sty L.'ntomee :Terre~ MC. abe DE~RIP'nON ALL THE FOLLOWING des~fib~l ~ ~ta~ Cure.rind Cowry, ~t~ ~ ~ll~s: over ~ ~u~st~ly no~wes~y centerline of said Township Road, ~w~tw~y 15 lam n~ or f~rly ~d C~t ~k; northly 05~-051~2. L. ~, U~ by ~ from A~s B~k t57,~ge 2~. Member. Pennsylvania Assodatk~ Of No~a~es CUMBERLAND COUNTY SHERIFFS OFRCE CUMBERLAND COUN'i'Y COURTHOUSE 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 Total $ 213.28 Publisher's Receipt for Advertising Cost :o., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general Jge receipt of the aforesaid notice and publication costs and certifies that the same have 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: JANUARY 16, 23, 30, 2004 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. REAL ESTATE SALE NO. 66 Writ No. 2002 6155 Civil Beneficial Consmner Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania VS. Mary L. Thomas Atty: Terrence McCabe ALL THE FOLLOWING described real estate lying and being situate in Hopewell Tow~mhip, Cumberland County, Pennsylvania, bounded and lixnited as follows: BEGINNING at a point in the cen- ter of the Shippensburg Newburg Road at the bridge and over the southwesterly bank of the Conodo guinet Creek; thence alo~g the cen ter of said road, northwestwardly 15 rods to the intersection of the centerline of a Township Road: thence along the centerline of said Township Road, southwestwardly 15 rods to a point; thence by land ff~isa Marie Coyne, l~ditor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 M~m~ L, Thomas Atty: Terrence McCabe ALL THE FOLLOWING described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a point in the een ter of the Shippensburg Newburg Road at the bridge and over the southwesterly bank of the Conodo guinet Creek; thence along the cen ter of said road. northwestwardly 15 rods to the intersection of the centerllne of a Township Road; thence along the centerline of said Township Road, southwestwardly 15 rods to a point; thence by land now or formcrly of Cbarles H. Bcsore and Pearl Besore, his wife, southeastwardly and parallel with said Shippensburg Newburg Road, 14 rods to a point on the southwest erly bank of said Conodoguinet Creek; thence along the southwest erly bank of said Conodoguinet Creek. northeastwardly to the place of beginning. Tax Map 09 0507. Parcel 051. Tax Map 09 0507, Parcel 051/ 02. TITLE TO SAID PREMISES IS VESTED IN Mary L. Thomas. Un- married by Deed from Associates Consumer Discount Company, a Corporation dated 4/30/1997, re corded 5/7/1997, in Record Book 157. Page 287. BEING KNOWN AS 300 Ship pensburg Road, Shippensburg. PA 17257, TAX MAP PARCEL NUMBER: 09- 0507 Parcel 051. 09-0507 Parcel 051/02. NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005