HomeMy WebLinkAbout01-5948McCABE, WEISBERG AND CONWAY, P.C.
BY~ TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorney for Plaintiff
Conseco Bank, Inc.
7360 Kyrene Road
Tempe, AZ 85283
Linda K. Lawrence
125 W. North Street
Carlisle, PA 17013
Cumberland County
Court of Common Pleas
Number
CIVIL ACTION/MORTGAGE FORECLOStrRF
NOTICE AWSO
You have been sued in court, if you wish to defend
against the claims set forth in the following
pages, you must take action within twenty (20) days
after this co~[aint and notice are served, by
entering a written aJ~earance personally or by
attorney and filing in writing with the court your
defenses or objections to the claims set forth
against you. You are warnnd that if you fail to do
so the case msy proceed without you and a judgmont
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 in))ortant 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.
Cumber[and County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Le hah de~andado a usted en la corte. Si usteq
quiere defenderse de estas d~nandas ex-puestas en
las paginas siguientes, ustnd tiene veinte (20)
dias de p[azo al partir de la feche de la demands y
la notificacion. Hace faits asentar una
c~Hnparencia escrita o en persona o con un abogado y
entregar a la corte en forms escrita sus defensas o
sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende,
la corte tomara medidas y puede continuar La
demsnda en contra suya sin previo aviso o
notificacion. Ad~s, la corte I:XJeqe decidir a
favor del defl~ndante y requiere que usted cure, La
con teqas [as provisiones de esta de~mnda. Usteq
puede perder dinero o sus propiedades u otros
derechos in))ortantes 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 ABAJO
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cunf~erland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
McCABE, WEISBERG ~ CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Num%ber 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Conseco Bank, Inc.
7360 Kyrene Road
Tempe, AZ 85283
v.
Linda K. Lawrence
125 W. North Street
Carlisle, PA 17013
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number O~--
CIVIL ACTION/MORTGAGE FORECLOSD-RF
1. Plaintiff is Conseco Bank, Inc., a corporation duly
organized and doing business at the above captioned address.
2. The Defendant is Linda K. Lawrence, who is the mortgagor
and real owner of the mortgaged property hereinafter described, and
her last-known address is 125 W. North Street, Carlisle, PA 17013.
3. On 6/16/00, 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 1619, Page 905.
4. The premises subject to said mortgage is described in the
mortgage attached as Exhibit "A" and is known as 125 W. North
street, Carlisle, PA 17013.
5. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due 6/21/01 and each
month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month,
the entire principal balance and all interest due thereon are
collectible forthwith.
6. The following amounts are due on the mortgage:
Principal Balance $85,360.53
Interest 5/21/01 through 9/27/01 $ 2,190.89
(Plus $25.09 per diem thereafter)
Attorney's Fee $ 4,268.03
Late Charges $ 755.82
Penalty $ 4,519.84
Administrative Difference $ 80.18
Cost of Suit $ 225.00
Appraisal Fee $ 125.00
Title Search $ 200.00
GP~AND TOTAL $97,725.29
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 $97,725.29, together with interest at the rate of $25.09
per diem and other costs and charges collectible under the mortgage
and for the foreclosure and sale of the mortgaged property.
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. §4904
relating to unsworn falsification to authorities.
ROB'E~'FP. ZI~CLER
RECORDER OF DEEDS
CUMBERLAND COUNTy_p4
Commonv--bh or Pamsylva~l Sp~ca Above TMs ~ For ~
~.-,~o (.~, ~e~ T~, OPEN-E~ MORTGAGE ~p~.~o.
~e, Az as2a2 June z6, 2000
DA~ ~ P~'r~. ~ ~ of ~ Mo~ge (S~W I~U~) is ...............................................
~, ~r ~r~ ~ ~ ~n~c~o~ ~, ~ ~r~, ~ ~ hllo~:
MORTGAGOR: Linda K Lawrence
...... If .checked, refer m, d~ auached Addendum incorpomU:d h~min, 'for a~klkioml Mortgagors, ~heir signau~es ~
acknowl~igmems.
Conseco Bank;. Inc.
Cottonwood Corporate Center
2825 E Cottonwood Prky 230
Salt Lake City, UT .'84121
CONVEYANCE. For good and valuable consid=adoa, ~e r~eipt and sufiiciea~y of which is ~,'Imowledged, aad to
seCUre g~ Secured Debt (a-freed below) ami Mortgagor's pen~orm~-~e ~od~r ~ Securiv/Inswamem, Mortgagor grants,
bargains, conveys and mortgages to Lender the followi~lg d~scrlbed property:
,l
· · Cumberland
The property is ioca~l m ..................................................................... ~ .............................................
125 W ~orth Street Carlisle ~-~N~ 17013
To~eth~ with ~1 ~h~, ~c~, a~=~, mF~fi~, m~ 9S~, oi1 ~ ~ d~. ~ ~ ~'~
now, or ~t ~7 ~ ~ ~ ~. ~ ~ of ~: ~ ~sm~ ~d a~w (~ ~d m ~ '~").
.................................................... ~lm~onof~ ~ ~t~~~
~ or ~ ~ l~ m p~t L~F s ~ ~ to ~ ~y of ~= c~n~ ~
Security In.~'umem.
SECURED DEBT AND FUTURE ADVANCF. S. Thc term 'Secured Debt' is defined as follows:
A. ,l~bt incurred .u~d.er the terms of ail promissory note(s), contracts), goara~(s) or other evidence of debt
oclow and all their exteusiom, renewals modifications or mh~gh,,'. ...... described
sugg.....~ ,,. ...... :=_,...~., ....... ';, .... - .......... urns. [wnen re~erenong tire debts below it i$
NOCe dac~ June 16, 2000, between Cons~a~
........... , inc. ann blnda K Lawrence, for
$85,500.00, ma=uring June 21, 2025.
B. Ali fulure advaur~..s from Lender ~o Mortgagor or o~e~ Futura obligations of' Mor~ agor ~o L~uder
promissory note, eonuact, or o r ' {1 under any
.a~. a.:~ ~__-. ..... ._.gt~'a~..~,, the ~v!den~e of d~bt ex~u~ed by Mortgagor la favor of Lender e.,,~.,,,,.~
._P.e.~.u_..~g~s__~!'s S~cunu/Iusu'umem. each Mo r '
,--' ................... _nga_.~. agrees ~at ~hls Security Insu'um~ut will s~cure
advances and ~mre olih Ilolls fl~,i al~ ........... ~ ................. all
M ga ~veu to or recurred by any one or moro l~on or or an 'o .....
.. ong. ag.o.r and or~ers. All future advances and oaer future oblilafions are s~ured ~v ~',,.~ ~-1,~,,,, r~.?--ne or more
mou~ ail or pan may not vet be advanced an ~,,.,... ~., ..... ..- , _.,_ . --.-/, ...... ~ .m~ even
on the da~ of this Security Iush--umenL Nothi · - · g. a-ru s~-'u.,'ed as if made
addifioml or furore loans or adva~s ia any ~mU~n,i-n, th~?.,,S__e~_, ty Ins .uum~m shall, cons-~um a ¢omm;lmeu~ to make
c. ^,, o,, d. ? .'":
not limiled to, habilifi~s for ov~drafts ,~-,;,,- 0- ._.t,~-~ .. --' "~ '~"~ ~.~,~,u~ ~o~ promm~ uy law, including,
...... · ~ ,,, ~ a~ accoum agreemeu~ b~U~n M r and
D. All addiuonai ia,mm advanced aud ex,,~nse- {--,,~-~..u~- ~,u.~ ......... o~. ago Leader.
Pi'ope.ny and i~s value and any ot~r sums adv.,,~-,.~ o,,,4 ...~._~ :__._ ~nn.~_: .p __ g. . ~ll~wis~ ~rol~-'i~ug the
Instrument. - ~-- -.-,- ~ ,u~u.cu uy L,enacr uaoer me terms ot this Security
This Security IrL~nuncnr w~U not s~nmre any other debt ff Lender fails lo give any required oofice of the right of rescission.
5. PAY1V/~NTS. Mortgagor agrees that ail paln~.n~s under the Secured Dcb£ will be paid when due and in accordance with
the terms of the Secumt Debt and this Security lttsixumeut.
that il~ Pwp~ny is unencumbered, o-~, ~ .... ;, ~.., au~ mortgage ~e mpeny. ~o~gagor also wan'ams
except for ~u~umbra~ces of ru~oni.
7, PRIOR SECURITY INTERESTS. With regard u:, ~uy oih~ mortgage, deed of ~rusL ,s~;m~ity a em or od~r li~
do,tureen, that crca~ed a prior security i~s~ o .... ~ ...... - .... grec. m '
~..To_ l~.r~l~.~ly deliver ro .Lc_ nder any notices that Monga~ r~iv~
~..~ot lo auow .m~.y modification, or ex~asion of, nor to '~""~c any ~.-.-- J~'--~'
~cured by th~ lieu. documcu~ without Lender's prior wriu'~n~nse~.~ '"'~ a~va~ccs unaer may ~o~ or agr~m~nt
..... ; ~-- ~ v r~ul~.~y wncn au~. l.~a~r may mqmm Mortgagor *m provide to Leader
to Lender, as reoue.~ted bv }~.~.~- ..., ,'{.k,-"~-'~--'~- -P~- -, ~ ,~en.o.e mis accuray l~e. nL Mortgagor agrees to assign
materials to --:~-:- -- .TL__--'~?,' "'-~ ,,r~,,~, ,,~,m~ ut oet~gs iviortgagor may have against patligs who su,..d,~ labor or
9. pUE ON SALE OR ENCUMBRANCE. L~d. may, at its option, declare the eafir~ baia~ce of the S~.-ared Debt m be
,mmed{ately due and payabl~ upon the (:~ealion of, or conlract for the creation of, any lien, eacumbram;e, ttmasf~' or
of the Property. Tiffs right i~ subject u) the [~tricu.'ous imimo~d by. f~leral law (_12. C:F.R: 591), as applicable. This
covemmi shall mu with the tnuperty and sl~Jl human in c/feet uunl tl~ Secured ~eut ~s paid iu full an~ this Security
Iustrumeut is rulemsed.
1~. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Moi~gagor will keep ~be Ptupen-y iu good ~ondido~
.and .make. all t. epa]ts that a~: reasonably aece. ssaty. Mortgagor ~al! not commim Or allow any w~,- ;.--~, or
?t~noralaou or the'PrOl~rty. Mortgag.o.r will k~ep the Pm!~rty fxe~ of uoxlons .-.--~ .... .L__--'_A .. =~ .--v .
vall ~oufy Lender o~ all demands, proceed n,,s el-{ ..... , ._.,.~-.._~.~__ w.,~u.u.r ~.cuucr s pnor wriuen cou.sellt. Mogga~or
Property. - . , ~ ,~,~ ~uons agaius~ lviortgmgor, and o£ any loss or dmmmt~ to
,00K1619 PAGI~ .906
.Lender. or..Le~er's age. als?ay: it .Len~r's option, enter the Propert4/ at any ressombl,e time for the purpose of
lnspecang me rropen¥. ~.cnocr snail give lviongagor notice at the ~ne of or before an inspect, on specifying a rensonabl¢
purpose for the i~fion. Any inspection of thc Property sl~ll be entirely for Lender's benefit and Mortgagor will in no
way rel)~ oll Lender s inspection.
11. AUTHORITY TO PERFORM. It' Mortgagor fails to perform any duty or any of the covenants contained ir, this Security
.Instrangnt., Lender may,,withont notice, perform or ~use them to bel~fformed. Mortgagor appoints I~ader as attorney
m-fact to sign Mortgagor s name or pa), any amount necessary for performance. Lender's right to perform for Mortgagor
~nall.__n? cre?e ~ .obligation ,to .perform: ~ Lenfler.'s failure to pert3rm will not preclude Lender from exercising any of
.ae.r s o.mer ngl~ts u~,,r mc law o.r t~s ~ecunt7 msm~ncnt. If any construction on thc Property is discondn~ed or not
. , · Pmperty,.,includlng completion of the construction. ~ ---:---' -- ~' ....... · ~c~unt? interest m
12. ASSIGNMENT OF LEASES AND RENT~. Mortgagor irr~wocably grants, bargains, conveys and mongages ~o Lender
. . ~ . . ~pancy or any portm.n, ot tlle,i~ropeny, [aclnding any ~tensionq, renewals,
~ndi,'~fi~.~,~.o~ns~otr__su_¥~i_?tio,m' of ~ aster..ems. (all.refer~..d to as .Le~es ) and .r~nts, issues and profits (all referred to
~..,;::=.,.kil~l~!,~. _w~_5 promp, uy p~oe ,t.e~l.. er vfl~l tree ano correct copies of all es]sting and futuse Leases.
~,,,,~ .~,va ~. ~.uer ~ antrm ye asao, n pr.~.noe~ by law, and that
~t~i~ ~rg~..t .wi..li__ _n~_~ n' m elreCt. (lun~. ~. an), ~lempu.on period unnl ~.c Sec'~d Debt is sa, sfi~I. Mortgagor ag~zs
~ _ .. . ., g . not, ties Mortgagor of defanR and demamis that any tenant pay ail
m.~mre ~.c.nts. ~rectly to. Lender. On r~r?vn~.., noti? of defanlt, ,Mortgagor will endorse and deliver to L~nder any
,--..-;--; - .-:--. all .,~. ,~.~.. ~u.ec~co will oe appueu as pm,aaea In this Secunty Instrument Mortgagor warrants that
tn,~o ~.c~uit ex~.sts am.~_ev t~e ~ or any applicable landlord/tenant law. Mortgagor also agrees g maintain and require any
: ~ ~o comply with thc mrms of the Lea.s~ ~ applicable hw.
_p~al~rj~.y_,l__e:? ~ ~ ~:Cunty ..t?;,~um. em is on a leasehold. ,I.f the,Property includes a unit in a condominium or
1~ .. -- ~. v.~_Vpm~?, l, ao.nga.go.r w~. l~n~oma ail of Mortgagor s dunes nnder thc covenanls, by-laws, or regulations
14..D. EFAULT...M..on~ag,or?~i. ll..be !n default if any party obligal~l on the Securaxt Debt fails lo maim psyme~ v/~en
~o ..ngagor war ~e.m oe?aal~ lz a o.r .cach occu~ .~t, cr tl~ grm.s of this S~mriry ~ o~' a-y.otber docomenl
., _,_. _~.~. ~c_,~am r~ .p~.t ~o .any.l~?,o.n or eanty, oo-gatea on me Sacut~l Debt or that the prospect of an~ payment or
me vame or mc rropelty ~s tmpa]rco sna~l also constitute an event of default.
15. REMEDIES ON DI~FAULT. In Some instance, federal and s~e law wi'Il ~quire Lend~ to t)mvide Monia~or with
notice of th~ righ~ to cure orother nonces' ami may establlga' tune' schedules ~or for~clo~se actions.' Sabjact~ ~to tims¢
ll~a~w' .ta.u.'o?s, if any: .L~.r may acceleram the Secu~i Debt ami foreclose this Secmlty Insm.unon~ ia a m,--~.r pmvidnd by
w ~r ~tongagor is in defanlt.
thercaf~r ~n ..... p.4.w~g, ~t~'... glvlR, g. n~. rice i! r~qul~'~l.oy taw: upon the occurrence of' a d~'fauit or
Securi-- r..__m_~a~_mon,.t.cnoer..m~.i? enat. ted t.o..ai! the..remedi .es. provided by la..w, thc terms of thc $ccnscd Debt. this
.~tldcd o all rcmcthes plDvlded at law or eqmty, whether or not expr~sly set forth. The acceptance by Lender of any sum
in payment or panini payment on the Secured Debt a~r the I~l~we is du~ or is ~ccele~ated or after forc~lo~a'c
proc~.dingr ~re filed shall ~ot constkute a waiver of Lender's right to require complete cat of any exisfin~ default l~v not
~cm~.mg any remedy on Mortgagor'$ defanlt. ~ does not waive Lender's riRht to later conslder ~l~e~vent ~ ~lt
it conUnues or happens gain. --
. .a0al619 907.
· Y Y s ~tp~p..~.s iz Mortga or Drenches an c
[~nt, Mo~gegor will also ~y on
pa~ent ~1 ~d m ~1 a ~e hi~ in.st rote
~ ~. pay ~t ~ a~ ~es ~cd ~ t ~a.. ;..~.~_~,~-~u.~u ~ te~s .oz me ~d ~bC M~gor
le~ ~pe~s..~s Sec~ [m~e~ ~I ~n ~ ~ ..-,- --, ....... Y , o~ costa, ~ o~r
17. ~0~ ~ ~ ~OUS ~T~CES. As ~ in ~s s~on, (1) En~m~
M~gor ~, w~ ~ a~ ~t: .
~t ~ -~ ......
~. Monger ~n, ~c~a~ n~ ~ ~['T-~il~uv~Y~ ~w.
IS. CO~A~ON. ~on~gor ~11 ~ve ~ p~t nod~ of ~ ~ or ~ ~fion ·
~o~g~ au~ ~er ~ int~
~ S~ ~int ~s ~ ~-L~ .... - -~, ~ ~mluem ~n~ ~ will ~ mol~ ~ n~ ;.
a~ or o~ H~ ~e~ ~ ..... v'~
1~. ~CE. Mon~gor ~ ~p Pm~ i~d ag~ 1o~ by ~ fl~, ~fl ~' h~,, . '- '
~bly ~atcd ~& ~e P~n~
of ~ ~n~ ~ P ~r
~vc m ~er al r~o~ of n~d n~ ...... a ............ : ~ L~ ~, Mortar ~ *m~y
~ ~er ~ ~r ~'e~* ~.~_~.~uf~.
or due or
ngagor. ~ePro e~ls~m~nd~ ~ ......... ~P ~ . . yex~be~dm~e
908
20. ESCROW FOR TAXES AND INSURANCE. Unless od~erwise provided in a separate agreement. Mortgagor will not be
required to pay to Leader fimds [or taxes and insurance in escrow.
add' ' · · . ~ ~u ~ca~onaoiy l~eces M ~o r~qu~,
moral documents or cemfica~ ,~,., ~ ....~ ........ SatT. ortgagor agrees to s~,n, dehv .,,am
ii. so. err emravv ..u,s.% co-s o e.s; SUCC SORS -
thts Secunty Insmanent are omt ~ llldl¥1d ....... GNS BOUND. All du
.or debt, Mo,t or so nl- to m 'nt "es' --'
- . ?d...M. or~g. ago, r_,,.~a~, pot,agree to be ~ n.lh, ~;o~.~ .... ~. ..... Op .e~y, tO secme payment of the Secured
netween ~r and Moi't~a~r G~--p~--0-'~'''-'''e'~ v-.m= aec'urea vent. Ir this Security In.r.-~m,.~, ---- --- ---'
any anti-a~ctency or one-~t/o~Yhws: Mo~a~d~oUr-.-:.._--.'..ooli.gau°.n' tae~e rights may include, but ate'nol
extend, modif7 or make any ch~,,oe i- ;~': ,.::~_a.y;...,~,.,~o mat l~en~er and any party m ~is Securkv In.'mm..* -
consent. Such a eh:~n~,~ will not ,-=~.. ~ ....... ~ .... ty Instrument or any evidence of debt nut Mn~,~, t,y_
~ . . . rd ....... s~,~ ~om me tenus of this $ ' w/th ........ ~,. r
Security htstmment shall bind and benefit .~. ......... ecunty Instrument. The duttes and ~'
..,~ ~u~r..~l'~ ann as~agus of Mortgagor a~l Lender. ----
2~..AI~.P..LIC. AB. LE .L~..W; SEVE. I~. BILITY; INTERPRETATION. This Sncuri ·
J..tmscUoUo.n m winch Lender ts located ex¢~,,t to ,k. ........ ty. lnstmme~ ts governed b the laws o
fro · . -r "~ ,~-~.,~ ~merw~e ~ . . .Y . f :he
perty ts ioca~L This Sesun ' req rea by the ]awl of the sdt
..... ,_., ...... ty htsmanent is comnlete nad ~,--: .......... jun cUun where the
the Secured Debt that cunflic~ -~'-*~. ---,:--~i-~'.~"v~--? m~. ~.eCunty Inst~r,~.~t at~21ments o~' any ata'eement~.~'~.~
van,~, ohs by. written agreement, If any sect/on of this Sec'ur/-, ~e~.v_e, .u~less tha.t hw ~ex~. sly or lmphedly penmts the
~ctton wili De severed and w' ,~ m.~_,ument c~nnatve enrorce/l ~ · ·
· . dl not al~e~t the enforecabili of ' . . riling to its ~n,s,
the singular shall include the --.--~ ........ ty the remainder of this Se~n~ Ins-, ..... ---- -
Instrument are for Conveni~ .... ~....,~ _,'__P_.. -- ngmar. The captions and hcad/nRs of the secd~n~ air t~;o --- ·
Tune ts of the essence tn tiffs Secur/ty In,mmnent. to interpret or de6,'~ the terms of this Security Insmunel~
24, NOTICE. Unless otbe~vise required by law, an not/ce · · .
to tbe appropriate party's addre~ on ~ne I n~Yt~n~ ,' s~,l .be gtven by delivering it or by ma/lin~ it bv fis~t cln.l~
~ ...... w ~=,..~_. ~o ye nnUce tO all mortgagors, - ---- .,-~ ~,q;ua~va II1 writ~g.
2~. WAITERS. Except to the extent prohibited by law, Mortgagor waives an), fight to appraiseme~ .rehdeg to the Property.
2&. OTH]~R TERMS. Ifc. becked, tho foliowing are applicable to this Security Instmmem:
...... Line of Credit. The ,Secured Debt incinde~ a revolving line of credit pro,visiun. Although ~he Secu~d Debt may be
...... Construction Loan. Tiffs Security I~mu~ent secure~ an obligation inourrcd for the construction of an improveme~
on. tbe Property.
...... lqxture FIIIni~. Mortgagor graats to Leader a secmit¥ intere~ in all goods that Mortgagor owns now or/n th:
future and that ate or will become fixtures related to ~ Propen'y. This Secu~ty in,smunent suflice~ as a
ststem,.,,~ and any carbon, photographic or other zeprodusdon way be fried of n~cord for purposes of Ardde 9 of the
Uniform Commercial Code,
...... Purchase Money. This Se~usity lustmment secur~ advances by Lender used in whole or in pa~ to acc~ire the
PropenT. Accordingly, this Security I~strm-,ent, ancl the lien hex:under, is and shall be coasmled as a pureh,~
money mortgage with all of the figh~s; priorilies and ben~ts thereof under the laws of the Commonwealth of
P~n,sTlw ni~.
...... NOTICE TO BORROWER: THIS DOCUM]~NT CONTAINS PROVISIoNs FOR A VARIABLE
INTEREST RATE.
'.eOeK 1619
...... Riders. The covenams and agre~ac~s of each of the riders choked below az~ incoqmral~[ imo and suppleme~ and
amend the terms of ~is R~'m'ity Instrument tChec, k ali appllcab]e imm,s]
...... Condominium Rider ...... Plnn'~4 Unit D~velopmem Rider ...... Otl~r ................
N/~. Additional Te~ns.
~)
(slp~eu~) ' ' . .....................
SHERIFF'S RETURN -
CASE NO: 2001-05948 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO BANK INC
VS
LAWRENCE LINDA K
REGULAR
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
LAWRENCE LINDA K the
DEFENDANT , at 1800:00 HOURS,
at 125 W NORTH ST
CARLISLE, PA 17013
MARK BALTIMORE
on the 16th day of October ., 2001
by handing to
ADULT IN CHARGE
true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.25
Affidavit .00
Surcharge 10.00
.00
31.25
Sworn and Subscribed to before
me this /~ day of
{~ 2~f A.D.
# /Prothonotary
So Answers:
R. Thomas Kline
10/17/2001
MCCABE WEISBERG CONWAY
~epu~
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
CONSECO BANK, INC. :
:
V. :
:
LINDA K. LAWRENCE :
CUMBERLAND COUNTY
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 01-5948 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 a~sess damages as follows:
Principal $97,725.29
Interest from 9/28/01-12/6/01 $ 1,731.21
TOTAL $99,456.50
TERRENCE J. Mc~ABE, ESQUIRE
AND NOW, this ~{~ day of ~ , 2001,
Judgment is entered in favor of Plaintiff, Conseco Bank, Inc., and
against Defendant, Linda K. Lawrence, and damages are assessed in
the amount of $99,456.50, plus interest and costs.
BY THE PROTHONOTARY:
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
CONSECO BANK, INC.
V.
LINDA K. LAWRENCE
CERTIFICATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 01-5948 CIVIL TERM
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 ma~led 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 Pemnsylvania Rule of Civil Procedure No. 237.1 is
attached hereto!and marked Exhibit "A".
SWORN TO AND SUBSCRIBED
BEFORE ME THIS ~- DAY
OF /~ ,2001.
ERRENCE J. Mc~ABE, ESQUIRE
Attorney for Plaintiff
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA
17013
LAWRENCE E. WELKER
Prothonotary
To:
Linda K. Lawrence
125 W. North Street
Carlisle, PA 17013
November 21, 2001
Conseco Bank, Inc. :
V. :
:
Linda K. Lawrence :
Cumberland County
Court of Common Pleas
Number 01-5948 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 fire in writing with the Court
your defenses or objectiops to the claims set
forth against you. Un[esS 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 i~portant rights. Tou 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 fo[lowing office to find out
where you can get legal he[p:
Court Administrator
Cumberland County Courthouse
Car[ts[e, PA 17013
(717) 240-6200
TJM/cf
Usted se encuentra en estado de rebe[dia por
no haber presentado una comparecencia escrita,
ya sea persona[mente o por abogado y pot no
haber radicado por escrito con este Tribunal
sus defensas u objeciones a los reclames
formu[ados en contra suyo. A[ no to,mr Ia
accion debida dentro de diez (10) dfas de Ia
fecha de esta notificacion, el Tribunal podra,
sin necesidad de comparecer usted en corte u
oir preube a[guna, dictar sentencia en su
contra y usted podria berder bienes u otros
derechos importantes. Debe [[evar esta
notificacion a un abogado inmediatamente. Si
usted no tiene abegado, o si no tiene dinero
suficiente para tel servicio, vaya en persona
o [lame pot te[efono a Ia oficina, nombrada
para averiguar st p~ede conseguir asistencia
legal.
Court Administrator
Cumber[and County Courthouse
Car[is[e, PA 17013
(717) 240-6200
If you have any questions concerning this notice, please call:
Terrence J. McCabe, Esquire
McCABE, WEISBERG AND CONWAY, P.C.
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
at this telephone n~mher: (215) 790-1010
EXHIBIT "A"
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
CONSECO BANK, INC.
V.
LINDA K. LAWRENCE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 01-5948 CIVIL TERM
AFFIDAVIT OF NON-MILITARY SERVIC~
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, Linda K.
Lawrence, is over eighteen (18) years of age, and resides at 125
West North Street, Carlisle, PA 17013.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS ~ +~ DAY
OF 2001.
NOTARY PUBL I-C
TERRENCE J. McC~E, 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.So Section 4909
relating to unsworn falsification to authorities.
TERRENCE J. McC~E, ESQUIRE
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA
17013
Curtis R. Long
Prothonotary
To:
Linda K. Lawrence
125 West North Street
Carlisle, PA 17013
CONSECO BANK, INC.
V.
LINDA K. LAWRENCE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 01-5948 CIVIL TERM
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT
has been entered in the above proceeding as indicated ~elow.
n
Prothonotary
XX
Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call
Terrence J. McCabe, Esquire at (215) 790-1010.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CONSECO BANK, INC.
v.
LIN]DA K. LAWRENCE
FILE NO.:
01-5948 CIVIL TERM
AMOUNT DUE: $99,456.50
INTEREST: from 12/07/01
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)
125 West North Street, Carlisle, PA 17013
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of N/A 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: Signature:
Print 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
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF GROUND WITH BUILDING AND IMPROVEMENTS
ERECTED THEREON LOCATED IN THE BOROUGH OF CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS:
ON THE EAST BY AN ALLEY; ON THE SOUTH BY WEST NORTH STREET; ON THE
WEST BY PREMISES NUMBERED 129 WEST NORTH STREET; ON THE NORTH BY AN
ALLEY.
HAVING THEREON ERECTED A TWO-STORY BRICK DWELLING HOUSE WITH BACK
BUILDING KNOWN AS AND NUMBERED 125 WEST NORTH STREET.
Parcel ID # 05-20-1798-127
Being Known As: 125 West North Street, Carlisle, PA 17013.
McCABE, WEISBERG AND CONWAY, P.C.
BY= TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
{215) 790-1010
CONSECO BANK, INC.
LINDA K. LAWRENCE
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 01-5948 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 125 West North Street, Carlisle, PA
17013, a copy of the description of
hereto and marked Exhibit "A."
1. Name and address of Owner(s)
Name
Linda K. Lawrence
said property is attached
or Reputed Owner(s):
Address
125 West North Street,
Carlisle, PA 17013
o
Name and address of Defendant(s) in the judgment:
Name Address
Linda K. Lawrence 125 West North Street,
Carlisle, PA 17013
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name Address
Plaintiff herein.
4. Name and address of
mortgage of record:
Name
Plaintiff herein.
the last recorded holder of every
Address
5. Name and address of every other
record interest in or record lien on the
interest may be affected by the sale:
person who has any
property and whose
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
Tenant (s) /Occupant (s)
125 West North Street,
Carlisle, PA 17013
Domestic Relations
Cumberland County
P.O. Box 320
Carlisle, PA 17015
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.
January 08, 2002 ~ ~
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
DATE
LEGAL DESCRIPTION
EXHIBIT "A"
ALL THAT CERTAIN TRACT OF GROUND WITH BUILDING AND IMPROVEMENTS
ERECTED THEREON LOCATED IN THE BOROUGH OF CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS:
ON THE EAST BY AN ALLEY; ON THE SOUTH BY WEST NORTH STREET; ON THE
WEST BY PREMISES NUMBERED 129 WEST NORTH STREET; ON THE NORTH BY AN
ALLEY.
HAVING THEREON ERECTED A TWO-STORY BRICK DWELLING HOUSE WITH BACK
BUILDING KNOWN AS AND NUMBERED 125 WEST NORTH STREET.
Parcel ID # 05-20-1798-127
Being Known As: 125 West North Street, Carlisle, PA 17013.
McCABE, WEISBER~ AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
CONSECO BANK, INC.
v.
LINDA K. LAWRENCE
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 01-5948 CIVIL TERM
TO:
NOTICE OF SHERIFF'S
Linda K. Lawrence
546 Mountain Road
Boiling Springs, PA 17007
SALE OF REAL PROPERTY
125 West North Street, Carlisle,
as attached) is scheduled to be
10:00 a.m. in the
2nd Floor of the
Carlisle,
$99,456.50
Your house (real estate) at
PA 17013, (more fully described
sold at Sheriff's Sale on June 15, 2002, at
Commissioner's Hearing Room located on the
Cumberland County Courthouse, 1 Courthouse Square,
Pennsylvania 17013, to enforce the court judgment of
obtained by Conseco Bank, Inc against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
TO prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Conseco Bank, Inc
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 need an attorney to assert your rights.
contact one, the more chance you will have of stopping the
(See the following notice on how to obtain an attorney.)
You MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OT~R RIGHT~
EVEN IF T~Z SHERIFF'S SALE DOES TAKE PLAC~
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.
The sooner you
sale.
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 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.
You may be entitled to a share of the money which was paid for
your real estate. A schedule of distribution of the money bid
for your real estate will be filed by the Sheriff within (30)
days of the sale. This schedule will state who will be
receiving that money. The money will be paid out in
accordance with this schedule unless exceptions (reasons why
the proposed schedule of distribution is wrong) are filed with
the Sheriff within ten (10) days after the posting of the
schedule of distribution.
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 T~T~ PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEFNONE THE OFFICE LISTED BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL w~Lp.
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
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF GROUND WITH BUILDING AND IMPROVEMENTS
ERECTED THEREON LOCATED IN THE BOROUGH OF CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS:
ON THE EAST BY AN ALLEY; ON THE SOUTH BY WEST NORTH STREET; ON THE
WEST BY PREMISES NUMBERED 129 WEST NORTH STREET; ON THE NORTH BY AN
ALLEY.
HAVING THEREON ERECTED A TWO-STORY BRICK DWELLING HOUSE WITH BACK
BUILDING KNOWN AS AND NUMBERED 125 WEST NORTH STREET.
Parcel ID # 05-20-1798-127
Being Known As: 125 West North Street, Carlisle, PA 17013.
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Nua%ber 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
CONSECO BANK, INC.
LINDA K. LAWRENCE
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 01-5948 CIVIL TERM
AFFIDAVIT OF SERVICR
I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in
the within matter, hereby certify that on the 23rd DAY OF APRIL,
2002,
Real
forth in the Affidavit Pursuant
as Exhibit
Copies of the letter and
attached hereto,
a true and correct copy of the Notice of Sheriff's Sale of
Property was served on all pertinent lienholder(s) as set
to 3129 which is attached hereto
certificate of mailing are also
made a part hereof and marked as Exhibit "B."
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 23rd DAY
OF APRIL, 2002.
NOTARY PUBLIC
.i?IELLE A. HOLACIK Notary P~b~i~ ,[
, ~,~ of Pt~detphia, Ph/la. C~unn, ' i
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
CONSECO BA/qK, INC.
LINDA K. LAWRENCE
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 01-5948 CIVIL TERM
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the
above action, set forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the
real property located at 125 West North Street, Carlisle, PA
17013, 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
Linda K. Lawrence
125 West North Street,
Carlisle, PA 17013
Name and address of Defendant(s) in the judgment:
Name Address
Linda K. Lawrence
125 West North Street,
Carlisle, PA 17013
3. Name
whose judgment
Name
and last known address of every judgment creditor
is a record lien on the real property to be sold:
Address
Plaintiff herein.
4. Name and address of
mortgage of record:
Name
the last
recorded holder of every
Address
Plaintiff herein.
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
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
Tenant (s) /Occupant (s)
125 West North Street,
Carlisle, PA 17013
Domestic Relations
Cumberland County
P.O. Box 320
Carlisle, PA 17015
Commonwealth of Pa
Department of Welfare
P.O. Box 2675
Harrisburg, Pa 17105
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
April 23, 2002
DATE
~RR~.~E J~ McCABE,~-~QUiRE
Attorney for Plaintiff
EXHIBIT
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
CONSECO BANK, INC.
LINDA K. LAWRENCE
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 01-5948 CIVIL TERM
DATE: April 23, 2002
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF pm:T. PROPERTY
OWNER(S): Linda K. Lawrence
PROPERTY: 125 West North Street, Carlisle, PA 17013
IMPROVEMENTS: A two-story Brick Dwelling
The above-captioned property is scheduled to be sold at the
Sheriff's Sale on June 05, 2002 at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013. Our records indicate that you may hold a
mortgage or judgments and liens on, and/or other interests in the
property which will be extinguished by the sale. You may wish to
attend the sale to protect your interests.
A schedule of distribution will be filed by the Sheriff on a date
specified by the Sheriff not later than 30 days after sale.
Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of
the schedule.
EXHIBIT
E){H~B'II B'
McCABE, WEISBERG AND CONWAY, P.C.
BY= TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorney for Plaintiff
Conseco Bank, Inc.
Vo
Linda K. Lawrence
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 01-5948 Civil
WAIVER OF NOTICE UNDER PA.R.C.P 3129 AND AFFIDAVIT
Terrence J. McCabe, Esquire, attorney for Conseco Bank, Inc.
helreby acknowledges that Conseco Bank, Inc° has received
notification under Pa.R.C.P. 3129.2 of the Sheriff's Sale scheduled
in this matter for June 5, 2002, and also waives its right to any
further notification as junior lien creditor in the above entitled
case with regard to premises known as 125 West North Street,
Carlisle, PA 17013.
SWORN TO AND SUBSCRIBED
BEFOPxE ME THIS~DAY
OF ~.~ ,2002.
Attorney for Household
C') cz) CD
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 Conseco Bank Inc is the grantee the same having been sold to said grantee
on the 4th day of September A.D., ~' ~2002, under and by virtue of a writ _Execution issued on the 15th
day of Jan, A.D. )2002, out of the Court of Common Pleas of said County as of Civil Term, 2001
Number 5948, at the suit of Conseco Bank Inc against Linda K Lawrence is duly recorded in SherifFs
Deed Book No. 2~3, Page 3269.
1N TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this day of September, A.D.
_ ¢o02.
Recorder o f Deeds
Conseco Bank, Inc.
VS
Linda K. Lawrence
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-5948 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action by Certified Mail, Return Receipt
Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named
defendants, to wit, Linda K. Lawrence, to her last known address of 420 Cascadilla
Street, #4, Ithaca, NY 14850. This letter was mailed under the date of February 21, 2002.
Linda K. Lawrence received the letter on February 23, 2002. Return receipt card was
returned to the Cumberland County Sheriff's Office on March 20, 2002 signed by Avis
Giles. Note- House located at 125 West North Street, Carlisle, PA 17013 is empty. The
Carlisle Post Office provided the above forwarding address for our office.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that
on April 4, 2002 at 3:10 o'clock P.M., E.S.T., he posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Linda K. Lawrence located at 125 West North Street, Carlisle, 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 one of the within named
defendants to wit: Linda K. Lawrence, by regular mail to her last known address of 420
Cascadilla Street, #4, Ithaca, NY 14850. This letter was mailed under the date of April
04, 2002 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Court House, Carlisle, Cumberland County
Pennsylvania, on September 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum
of $1.00 to Attorney Terrance J. McCabe, for Conseco Bank, Inc. It being the highest bid
and the best price received for the same Conseco Bank, Inc., of 7360 Kyrene Boulevard,
Tempe, AZ 85283, being the buyer in this execution paid Sheriff R. Thomas Kline, the
sum of $558.05, it being costs.
Sheriff's Costs
Docketing: 30.00
Poundage 10.94
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Milage 3.45
Certified Mail 8.21
Levy 15.00
Surcharge 20.00
Postpone sale 20.00
Law Journal 163.10
Patriot News 136.15
Share of Bills 25.20
Dist. of Proceeds 25.00
Sheriffs Deed 29.50
$558.05
paid by attorney
9/12/02
Sworn and subscribed to before me
This ~o -~ day of~
2002, A.D.~,~-
So Answers' ,
R. Thomas Kline, Sheriff
Real Estat~ Deputy
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215} 790-1010
CONSECO BANK, INC.
Vo
LINDA K. LAWRENCE
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 01-5948 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 125 West
17013, a copy of the description
hereto and marked Exhibit "A."
1. Name and address of Owner(s)
Name
Linda K. Lawrence
North Street, Carlisle, PA
of said property is attached
or Reputed Owner(s):
Address
125 West North Street,
Carlisle, PA 17013
Name and address of Defendant(s) in the judgment:
Name Address
Linda K. Lawrence 125 West North Street,
Carlisle, PA 17013
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name Address
Plaintiff herein.
4. Name and address of the last
mortgage of record:
Name
Plaintiff herein.
recorded holder of every
Address
5. Name and address of every other
record interest in or record lien on the
interest may be affected by the sale:
person who has any
property and whose
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
Tenant (s) /Occupant (s)
Domestic Relations
Address
125 West North Street,
Carlisle, PA 17013
Cumberland County
P.O. Box 320
Carlisle, PA 17015
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.
January 08, 2002 ~-~A~ ~QI
DATE TERRENCE J. McC , RE
Attorney for Plaintiff
LEGAL DESCRIPTION
EXHIBIT "A"
ALL THAT CERTAIN TRACT OF GROUND WITH BUILDING AND IMPROVEMENTS
ERECTED THEREON LOCATED IN THE BOROUGH OF CARLISLE, CUMBERLAND
COUNTY, PENNSYLVA/qIA, MORE PARTICULkRLY BOUNDED AND DESCRIBED AS
FOLLOWS:
ON THE EAST BY Ai~ ALLEY; ON THE SOUTH BY WEST NORTH STREET; ON THE
WEST BY PREMISES NUMBERED 129 WEST NORTH STREET; ON THE NORTH BY AN
ALLEY.
HAVING THEREON ERECTED A TWO-STORY BRICK DWELLING HOUSE WITH BACK
BUILDING KNOWN AS AND NUMBERED 125 WEST NORTH STREET.
Parcel ID # 05-20-1798-127
Being Known As: 125 West North Street, Carlisle, PA 17013.
McCABE, WEISBERGAND CONWAY, P.C.
BY= TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
CONSECO BANK, INC.
LIN-DA K. LAWRENCE
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 01-5948 CIVIL TERM
TO:
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
Linda K. Lawrence
546 Mountain Road
Boiling Springs, PA 17007
Your house (real estate) at 125 West North Street, Carlisle,
PA 17013, (more fully described as attached) is scheduled to be
sold at Sheriff's Sale on June 5, 2002, 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 $99,456.50
obtained by Conseco Bank, Inc 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 Conseco Bank, Inc
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 PROPERT~
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.
2 o
You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of
your property.
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.
5 o
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.
You may be entitled to a share of the money which was paid for
your real estate. A schedule of distribution of the money bid
for your real estate will be filed by the Sheriff within (30)
days of the sale. This schedule will state who will be
receiving that money. The money will be paid out in
accordance with this schedule unless exceptions (reasons why
the proposed schedule of distribution is wrong) are filed with
the Sheriff within ten (10) days after the posting of the
schedule of distribution.
7 o
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 FI_~'~
OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
OR
CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
LEGAL DESCRIPTION
ALL THAT CERTAIN TP. ACT OF GROUND WITH BUILDING AND IMPROVEMENTS
ERECTED THEREON LOCATED IN THE BOROUGH OF CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS:
ON THE EAST BY AN ALLEY; ON THE SOUTH BY WEST NORTH STREET; ON THE
WEST BY PREMISES NUMBERED 129 WEST NORTH STREET; ON THE NORTH BY AN
ALLEY.
HAVING THEREON ERECTED A TWO-STORY BRICK DWELLING HOUSE WITH BACK
BUILDING KNOWN AS AND NI/MBERED 125 WEST NORTH STREET.
Parcel ID # 05-20-1798-127
Being Known As: 125 West North Street, Carlisle, PA 17013.
WRIT OF EXEGUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 01-5948 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due CONSECO BANK, INC. PLANTIFF(S)
From LINDA K. LAWRENCE, 125 WEST NORTH STREET, CARLISLE, PA 17013
(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 $99,456.50
Interest FROM 12/7/01
L.L. $.50
Atty's Comm %
Atty Paid $103.25
Plaintiff Paid
Due Prothy
Other Costs
$1.00
Date: JANUARY 15, 2002
REQUESTING PARTY:
Name TERRENCE J. MCCABE, ATTY
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
Prothonotary, Civil Division
P,[AL ESTATE SALE No. ~/
On February 8, 2002, the sheriff levied upon the
defendant's interest in the real property situated in
Borough of Carlisle, Cumberland County, PA,
known and numbered as 125 West North Street, Carlisle
and more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: February 8, 2002
By:
Real Estate Deputy
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Frank J. Epler 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
~ 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 dally and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the
7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
S A L E #21
REAL E~I'ATE 8ALE NO. 21
Wftt No. 2001.6648
Aliy:T~imnc~ J. M~C~e
DE~.&UTION
~ a~d imlxuwm~,~
~ · ~. 0J-~l~8-12?.
g~o ~ AS: 1~ West N~
~lc, PA 17013.
I ' F NOSEY PUBUC
~y comm ss on exp res June 6, 2002
CUMBERLAND COUNTY 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
$ 134.40
$ 1.75
$ 136.15
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The und P tri t-N ws, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and cedifies that the same have
been duly paid.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA ·
_.
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
?eriodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
~ssued 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 26, MAY 3, 10, 2002
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 E~TATR SALE NO. 21
Writ No. 2001 5948 Civil
Conseco Bank. Inc.
VS.
Linda K. Lawrence
Atty.: Terrence J. McCabe
LEGAL DESCRIPTION
ALL that certain tract of ground
with building and improvements
erected thereon located in the Bor-
ough of Carlisle, Cumberland Coun
ty, Pennsylvania. more particularly
bom~ded and described as follows:
ON the East by an alley; on the
South by West North Street; on the
West by premises numbered 129
West North Street; on the North by
an Alley.
HAVING thereon erected a two-
story brick dwelling house with back
SWORN TO AND SUBSCRIBED before me this
10 .dayof MAY, 2002_