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Home My WebLink About01-04731 SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-04731 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NATIONWIDE MORT CORP VS CULLEY ELIZABETH A ET AL R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: ELIZABETH A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED as to the within named DEFENDANT CULLEY ELIZABETH A ELIZABETH CULLEY DIED IN 1990. Sheriff's Costs: Docketing Service Affidavit Surcharge So answe 18.00 3.25 .00 R. HOMAS KLINE 10.00 SHERIFF OF CUMBERLAND COUNTY .00 31.25 GOLDBECK MCCAFFERTY & MCKEEVER 08/24/2001 Sworn and subscribed to before me this ~~ ~ day of f- ,Zvgy/ A . D . n? Prot o otary .aA*a~n~v- xa SHERIFF'S RETURN - REGULAR CASE NO: 2001-04731 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NATIONWIDE MORT CORP VS CULLEY ELIZABETH A ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the CULLEY ROBERT H DEFENDANT at at 2003:00 HOURS, on the 22nd day of August 2001 375 LONGS GAP ROAD CARLISLE, PA 17013 ROBERT H CULLEY by handing to a 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~3p ~ day of ~o-v ) B'A). D~~h4 ~z ~'~ t o SoJAn~swers 4 ~~-^E R. Thomas Kline 08/24/2001 GOLDBECK MCCAFFERTY MCKEEVER By: Depu y eriff >~ GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECEy JR. ATTORNEY LD.#16132 SUITE 500 -THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 (215) 627-1322 ATTORNEY" FOR PLAINTIFF IN THE COURT OF COMMON PLEAS FIRST NATIONWIDE MORTGAGE CORP. PO Box 9431 Mail Code: 22-528-1011 Gaithersbwg, MD 20898-9481 Plaintiff vs. ELIZABETH A. CULLEY ROBERT H. CULLEY Real Owner(s) Ridge #591, a/k/a 375 Longs Gap Road Carlisle, PA 17013 Defendant(s) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term NG.o~-HZ3l Ctn.(, EIVIL ACTIOfV: MORTGAGE ~ / ~wECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must fake action within twenty (20) days aRer the Complain[ atnl 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 ajudgment may be entered against you by the Court without further uafice for any money claim in the Eomplaiut of for any other eL'~ or relief requested by the Plaintiff You may lose money or property or other rights important myou. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ff 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 LEGAL HELP. LEGAL SERVICES INC S Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Lberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUESAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVH)O CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, RECi15TRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBIECCION CONTRA LAS QUEJAS EPI ESTA DEMANDA. RECIIERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUTA CON EL PROCESO SIN SU PARTTC~ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DEC[DIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PBRDER DE4ER0, PROPIEDAD U OTAOS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO A-IIi4EDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL °LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC e Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue TRUE COPY.FROM RECORD Carlisle, PA 17013 In Testimony whereof., I hereunto het my hand and the seal of said Cou at Carlisle, Pa. This day of othonotary _ ,_ W. .. , COMPLAINT IN MORTGAGE FORECLO~~I~RUE qNp T I Fy THAT THIS OF THE ORIGWAR FILEDOPy 1. Plaintiff is FIRST NATIONWIDE MORTGAGE CORP., PO Box 9481, Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481. 2. The name(s) and address(es) of the Defendant(s) is/are ELIZABETH A. CULLEY, 375 Longs Gap Road, Carlisle, PA 17013 and ROBERT H. CULLEY, 375 Longs Gap Road, Carlisle, PA 17013, who is/are the real owner(s) of the mortgaged premises hereinafter described. Original mortgagors, JOHN C. and SHERRIL D. STALL are released of record. 3. On May 26, 1977 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to LOMAS & NETTLETON CO., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 622 Page 48. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: FIRST NATIONWIDE MORTGAGE CORP. by Assignment of Mortgage dated January 03, 2000 as Book 634 Page 1009; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due February Ol, 2001, and each month thereafter aze 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 Interest from 01/01/2001 through 07/31/2001 at 8.0000% Per Diem interest rate at $3.07 Reasonable Attorney's Fee Late Charges from 02/01/2001 to 07/31/2001 Monthly late charge amount at $19.06 Costs of suit and Title Search Escrow Debit Monthly Escrow amount $0.00 $13,798.38- $650.84 $1000.00 $114.35 $560.00 $16,123.57 +253.35 $16,376.92 7. The Attomey'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 Sheriffls 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 and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the ~,,. Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $16,376.92, together with interest at the rate of $3.07, per day and other expenses incurred by the Plaintiff which are properly chazgeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. By: G EC McCAFFERTX & McKEEVER BYE JOSEPH A. GOLDBECK, 7R., ESQiJIRE ATTORNEY FOR PLAINTIFF ~~ . VERIFICATION I, Dennis Kieft as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to-and do make this verification on behalf of the Plaintiff corporation and the. facts set. forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: / Dennis ti ft, Vice President EXHIBIT "A" ALAI #1214 ALL that certain tract or parcel of ground with the building and improvements thereon erected, situate in Northmlddleton Township, Cumberland County, Pennsylvania, and described in accordance with a survey made by Eugene A. Palm, Registered Surveyor, Loyaville, Pennsylvania, dated April 22, 1.977,_as follows, to wit: BEGINNING at a~point set on the title line in the bed of Leg- islative Route 21072 (Longs Gap Road) at.a corner of lands of Archie Morrison (as shown on said Plan); thence extending from said beginning point-and measured along the .title line in the bed of LR 21072 (Conga Gap Road) North 19 degrees 20 minutes 41 seconds Weet 175.84 feet. to a point at a corner of lands of Carl W. Lehmann thence extending along same North 70 degrees 38 minutes 10 seconds Eaet 244'.82 feet to an iron pin at a corner of Carl W. Lehman land aforesaid; thence extending along same South-l0 degrees 9 minutes 29 seconds East 155.55 feet to an iron pin at a corner of lands of Archie Morrison, aforesaid; thence extending along same South 64 degrees 5l minutes 0 seconds bleat 221.12 feet to an iron pin i_n the title line in the bed of LR 21072 (Conga Gap Road) the first mentioned point and Place of BEGINNING. x~ 1 i~a~o ~5~ 5 b~93 o2z9 ~7~ P.O. Box 9487 Gaithersburg. MD 20898-9481 April 19, 2001 Certified Mai Return Receipt Requested Robert H Colley 375 Longs Gap Rd Carlisle PA 17013 554 RE: Loan No. 6838314487 Dear Mortgagor: Act 91 Notice Take Action to Save Your Home From Foreclosure This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de soma importancia, pues afecta su derecho a continuar viviendo en su casa. 5i no comprende el contenido de esta notification obtenga una traduccion immediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvor su casa de la perdida del derecho a redimir su hipoteca. DF350-002/C30 5280 Corporate Drive, Frederick, MD 27703 fE P.O. Box 9481 Gaithersburg, MD 20898.9481 Robert H Colley Ridge # 591 Carlisle PA 013 April 19, 2001 Certificate of M ' RE: Loan No. 6838314487 Dear Mortgagor: Act 91 Notice Take Action to Save Your La notification en adjuntb es de soma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible Para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a redimir su hipoteca. DF301-002/C30 528D Corporate Drive, Frederick, MD 21703 .Y,'.. ..... ., Flome From Foreclosure This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. ~~fDE P.O. Box 9481 Gaithersburg, MD 20898-9481 Elizabeth A Colley 375 Longs Gap Rd Carlisle PA 17013- 54 Dear Mortgagor: ~!O(c H5~5 lag3 0~9 300 April 19, 2001 / Certified Mail /// Return Receipt Requested RE: Loan No. 6838314487 .Act 91 Notice Take Action to Save Your Home From Foreclosure This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association-may be able to help you find a lawyer. La notificacion en adjunto es de soma importancia, pugs afecta su derecho a continuer viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible pare un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salver su casa de la perdida del derecho a redimir su hipoteca. DF356-001/C30 5280 Corporete Drive, Frederick, MD 71703 7ioc~ ~f5~51a930aa~ 3g 17 A~(E E P.O. Box 9481 Gaithersburg, MO 20898-9481 Elizabeth A Colley Ridge # 591 Carlisle PA 170 Dear Mortgagor: April 19, 2001 / Certified Mai Return Receipt Requested RE: Loan No Act 91 Notice 6838314487 T,a notificacion en adjunto es de soma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible Para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a Yedimir su hipoteca. bF357-001/C30 5260 Corporate Drive, Frederick, MD 21703 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able tq help you find a lawyer. Take Action to Save Your Dome From Foreclosure April 19, 2001 Loan No. 6838314487 Page 2 Homeowner's Name: Property Address: Loan Account No.: Original Lender: Current Lender/Se Robert H Culley Ridge # 591 Carlisle PA 17013 6838314487 The Lomas & Nettleton Co. rvicer: First Nationwide Mortgage HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM PA ACt 91 IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGB A3SISTANCE ACT OF 1983 (THE "ACT"). YOU MAY BE ELIGIBLE FOR EMERGENCY ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTPiNCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENT3, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE = Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for. thirty (30) days. from the date of this Notice. During that time you must arrange and' attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. DF353-001/C30 April 19, 2001 Loan No. 6838314487 Page 3 CONSUMSR CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers Tt is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATIONS FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file completed Homeowners' Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THS OTHSR TIMS PERIODS SET FORTH IN THIS LETTER, FORECLOSUR$ MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BS DSNIED. AGENCY ACTION: Available -funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligi- bility criteria established by the Act. The Pennsylvania Housing DF353-001/C30 April 19, 2001 Loan No. 6838314487 Page 4 PA ACt 91 Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED SY TH8 FILING OF A PSTITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS I3 FOR INFORMATION PURPOSSS ONLY AND 3HOULD NOT BE CONSIDERED AS AN ATTBMPT TO COLLECT TH8 DSBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Ridge # 591 Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE YOUR MONTHLY MORTGAGS months and the following amounts are now 3 Months at $381.38 = Months at $ _ Months at $ _ Late Charges Bad Check Fees Foreclosure Fees Bankruptcy Fees Other Fees Less Suspense Balance TOTAL AMOUNT DUE PAYMENTS for the following pas due: 1,144.14 .00 .00 91.56 -' .00 .00 .00 .00 .00 ,276.70 AS OF THIS DATE HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice SY PAYING THE TOTAL AMOUNT PAST DUS TO THS LENDER WHICH IS $ 1,276.70 PLUS ANY MORTGAGE PAYMENT3 AND LATE CHARGES WHICH-BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments fn.fn• }.e •n~ae i.i f~l w.n l...s .va-1 ......1~....I .. ..1....1. .-~.-iSL J' L t First Nationwide Mortgage Corporation Dept. 0107 Palatine, 2L 60055-0107 DF354-001/C30 April 19, 2001 Loan No. 6838314487 Page 5 PA Act 91 IF YOU DO NOT CURS TH8 DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attor- neys to start legal action to foreclose upon uour mortgaged Property. IF THE MORT~AQB IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees incurred by the lender even if they exceed $50,00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. if you cure_the_defanlt__within the THIRTY (30) DAY Period, you OTHER LENDER REMEDI83 - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. DF354-001/C30 April 19, 2001 Loan No. 6838314487 Page 6 cured the default within the THIRTY (30 proceedings have begun, you still have and prevent the sale at any time up to Sale. You may do so by caving the total late or other charges then due, reasons connected with the foreclosure sale and Sheriff's Sale as specified in writing anv other requirements under the mortga manner set forth in this notice will re position as if you had never defaulted. PA Act 9 'S SALE - If you have not Y period and foreclosure ring your default in the your mortgage to the same EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Nationwide Mortgage Corporation 5280 Corporate Drive Frederick, MD 21703 _ Department 252 1-800-888-4333 EFFECT OF THE SHERIFF'S.SALE - You should realize that the Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ~ ASSUMPTION OF MORTGAGE - You, UPON OUR CONSENT may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and-that the other requirements of the mortgage are satisfied. YOU MAY AL30 HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR-YEAR. * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. ,t * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. DF355-001/C30 ~~~ p ~ .'r t ~ "~~d i, i, ire t'• zo ~ ~I ~~C ~~~i,i~ ~~. ~ iax ~~I~~F1' ~ a.~ ~ .s~~~ ~~~ lP~3!~RN6QNRYFTEl1 ~Y~$R ~~iY~9!^a^hTVm~ekkcalNW?f JF£5?t4H!L W'fl4RS~iMtl~ry- ISH~QFF GOLDBECK McCAFFERTY & McKEEV~~t BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 500 -THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHH.ADELPHIA, PA 19106 (215) 627-1322 ATTORNEY FOR PLAINTIFF FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff vs. ELIZABETH A. CULLEY ROBERT H. CULL-EY Real Owner(s) Ridge #591, a/k/a 375 Longs Gap Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term ~£1L},.x CIVIL ACTION: MORTGAGE II f~JP1ECLOSURE TffiS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been shed in court. If you wish to defend against the claims set forth in the following pages, you moat take action within twenty (20) days after the Complaint and notice are served by entering a written appearance personally m by anomey and (ding in writing with the court yom defenses or objections to the claims set foM against you You are warned that if you fail to do so the case may proceed without you and ajudgment may be rntered against you by the Court without further notice for any money claim in the Complaint of for any other claim m relief requested by the Plaintiff You may lose money or property or other tights important fn you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. Q+YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F[ND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC B Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Lrberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DEBEA DEFENDERSE CONTRA LAS QUEIAS PERESENTADA$ ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPOFIDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMAFIDA Y AVISO. PARR DHFENDERSE ES FIECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRTTA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OB3ECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE~. SI USTED NO REPONDE AESTA DEMANDA, SE PUEDE PROSEGUBtCON EL PROCESO SIN SU PARTIC@ACION. EATfONCES,LA COUTEPUEDE, SIN NOT@ICARIQ DECIDIR A FAVOR DEL DEMANDANTE Y REQOERIRA QUE USTED CUMPLA CON TODAS LAS PROVISiOF1ES DE ESTA DEMAFIDA. POR RAZON DE ESA DECISION, ES POSSll3LE QUE USTED PUEDA PERDER DINERQ, PROPHiDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is FIRST NATIONWIDE MORTGAGE CORP., PO Box 9481, Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481. 2. The name(s) and address(es) of the Defendant(s) is/are ELIZABETH A. CULLEY, 375 Longs Gap Road, Carlisle, PA 17013 and ROBERT H. CULLEY, 375 Longs Gap Road, Carlisle, PA 17013, who is/are the real owner(s) of the mortgaged premises hereinafter described. Original mortgagors, JOHN C. and SHERRIL D. STULL are released of record. 3. On May 26, 1977 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to LOMAS & NETTLETON CO., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 622 Page 48. The mortgage has not been assigned unless said assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to: FIRST NATIONWIDE MORTGAGE CORP. by Assignment of Mortgage dated January 03, 2000 as Book 634 Page 1009; and these documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due February Ol, 2001, 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 Interest from 01/01/2001 through 07/31/2001 at 8.0000% Per Diem interest rate at $3.07 Reasonable Attorney's Fee Late Charges from 02/01/2001 to 07/31/2001 Monthly late charge amount at $19.06 Costs of suit and Title Search Escrow Debit Monthly Escrow amount $0.00 $13,798.38 $650.84 $1000.00 $114.35 $560.00 $16,123.57 +253.35 $16,376.92 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 Sheriffls 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 and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $16,376.92, together with interest at the rate of $3.07, per day and other expenses incurred by the Plaintiff which aze properly chazgeable in accordance with the terms of the mortgage, and for the foreclosure and sale of,.t~he®mortgaged premises. By. ~ ~ ~li~-~`-~ G EC McCAFFERTY & McKEEVER BY JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Dennis Kieft as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set. forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: Dennis Zi ft, Vice President EXHIBIT "A" ALAI 41214 ALL that certain tsact or parcel of ground with the building and improvements thereon erected, situate in Northmiddletan Township, Cumberland County, Pennsylvania, and described in accordance with a survey made by Eugene A. Palm, Registered Surveyor, Loysville, Pennsylvania, dated Aprii 22, 1977,-as follows, to wit: BEGINNING at a point set on the title line in the bed of Leg- islative Route 21072 (Longs Gap Road) at.a corner of lands of Archie Morrison tas shown on said Plan); thence extending from said beginning point-and measured along the title line in the had of LR 21072 (Longs Gap Road) North 19 degrees 20 minutes 41 seconds West 175.84 feet to a point at a corner of lands o¢ Carl W. Le}uaan; thence extending along same North 70 degrees 3B minutes 10 seconds East 244.82 feet to an iron pin at a corner of Carl W. Lehman land aforesaid= thence extending along same South-10 degrees 9 minutes 29 seconds East 155.55 feet to an iron pin at a corner of lands of Archie Morrison, aforesaid; thence extending along same South 64 degrees 51 minutes 0 seconds West 221.12 feet to an iron pin in the title line in the bed of LR 21072 (Conga Gap Road) the first mentioned point and Place of BSGINNING. ..c;f 7 taro ~5~ 5 1x93 02,9 ~~ g D DE ~~~E , P.O. Box 9487 Gaithersburg, MD 20898-9481 I ~~ Robert H Colley 375 Longs Gap Rd Carlisle PA 17013 554 April 19, 2001 Certified Mai Return Receipt Requested RE: Loan No. 6838314487 Dear Mortgagor: Act 91 Notice Take Action to Save Your Home From Foreclosure This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de soma importancia, pues afecta su derecho a continuer viviendo en su case. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible pars un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salver su case de la perdida del derecho a redimir su hipoteca. DF350-002/C30 5280 Corporate Drive, Frederick, MD 21703 ~T1 E P.O. Box 9981 Gaithersburg, MD 20898-9481 Robert H Colley Ridge # 591 Carlisle PA 013 April 19, 2001 Certificate of M ' RE: Loan No. 6838314487 Dear Mortgagor: Act 91 Notice Take Action to Save Your La notification en adjunto es de soma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible pars un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a redimir su hipoteca. DF301-002/C30 5280 Corporate Drive. Frederick, MD 21103 Home From Foreclosure This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. 41~ y5~5 1x43 0~9 .3'00 ~~~~~ P.D. Box 9481 Gaithersburg, MD 20898-9481 Elizabeth A Colley 375 Longs Gap Rd Carlisle PA 17013- 54 Dear Mortgagor: April 19, 2001 / Certified Mail .../// Return Receipt Requested RE; Loan No. 6838314487 Act 91 Notice Take Action to Save Your ~--iome From Foreclosure This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to Contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de soma importancia, pues afecta su derecho a continuer viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency? sin cargos al numero mencionada arriba. Puedes ser elegible pare un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salver su casa de la perdida del derecho a redimir su hipoteca. DF356-001/C30 5288 Corporate Drive, Frederick, MD 21)83 nioc~ ~fS+sla930aa~ s~ 17 ~E P.O. Box 9481 Gaithersburg, MD 20898-9481 Elizabeth A Colley Ridge # 591 Carlisle PA 170 Dear Mortgagor: April 19, 2001 Certified Mai Return Receipt Requested RE: Loan No Act 91 Notice 6838314487 Take Action to Save Your This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area. The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de soma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency] sin cargos al numero mencionada arriba. Puedes ser elegible Para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a redimir su hipoteca. DF357-001/C30 5280 Corporate Drive. Frederick, MD 21703 Home From Foreclosure April 19, 2001 Loan No. 6838314487 Page 2 Homeowner's Name: Robert H Culley Property Address: Ridge # 591 Carlisle PA 17013 Loan Account No.: 6838314487 Original Lender: The Lomas & Nettleton Co. Current Lender/Servicer: First Nationwide Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM PA Act 91 IF YOU COMPLY WITH TH8 PROVISIONS OF THS HOM8OWNSRS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BS ELIGIBLS FOR EMERGENCY ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED SY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MSET OTHSR ELIGIBILITY REQUIREMENTS ESTABLISHED SY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. DF353-001/C30 April 19, 2001 Loan No. 6838314487 Page 3 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATIONS FOR MORTGAGE ASSISTANCS - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file completed Homeowners' Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIMB PERIODS SET FORTH IN THIS LETTER, FORECLOSURB MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCB WILL BE DENIED. AGENCY ACTION: Available -funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the e11gi- bility criteria established by the Act. The Pennsylvania Housing DF353-001/C30 April 19, 2001 Loan No. 6838314487 Page 4 PA Act 91 Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED HY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED A3 AN ATTEMPT TO COLLECT TH8 DEBT. (If you have filed bankruptcy you can stiil apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURS OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Ridge # 591 Carlisle PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE YOUR MONTHLY MORTGAGE months and the following amounts are now 3 Months at $381.38 = Months at $ _ Months at $ _ Late Charges Bad Check Fees Foreclosure Fees Bankruptcy Fees Other Fees Less Suspense Balance TOTAL AMOUNT DUE PAYMENTS for the following pas due: 1,144.14 .00 .00 91.56 .00 .00 .00 .00 .00 ,276.70 AS OF THIS DATE HOW TO CURB THE DEFAULT - You may Cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO TH8 LENDER WHICH IS $ 1,276.70 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: First Nationwide Mortgage Corporation Dept. 0107 Palatine, IL 60055-0107 DF354-001/C30 April 19, 2001 Loan No. 6838314487 Page 5 PA Act 91 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender lntenda to the entire ouLSLanaing nalanc immediately and you may lose installments. within THIRTY neys to start If full payment (30) DAYS, the legal action to rate the mortgage aebt. This means that e of this debt will be considered due the chance to pay the mortgage in monthly of the total amount past due is not made lender also intends to instruct its attor- forecloae upon your mortgaged DropertY. SF THE MORT~AOB IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. if you cure the default within the THIRTY (30) DAY veriod. you OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. DF354-001/C30 April 19, 2001 Loan No. 6838314487 Page 6 cured the default withl proceedings have begun, PA Act 9 TH8 SHERIFF'S SALE - If you have not RTY (30) DAY period and foreclosure anv other requirements under the mortgage. curing your ae=quiz in zne manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLB SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: First Nationwide Mortgage Corporation 5280 Corporate Drive Frederick, MD 21703 Department 252 1-800-888-4333 EFFECT OF THE SHERIFF'S SALE - You should realize that the Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGB - You, UPON OUR CONSENT may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR. * TO ASSERT THE NONEXISTENCE OF A DEFAULT TN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. DF355-001/C30 r - ~ ~, ,~ c N Z. ~~" ~ ~, p ,~ a=~ ~ ~ ~ ~. c ~~ ~i ,.~ =.' U .R.~ r-.~ .:,-,-.., ~.a,~~,wr~pttti., s~~;ewr;~:,aanrv~a•,s..~~~~ar.w~;rt :~ GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 Uzi 1 5 7-i First Nationwide Mortgage Corp. P.O. Box 9481, Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Vs. Elizabeth A. Culley (Deceased) Robert H. Culley 375 Longs Gap Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF CUMB$RLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO O1-4731-Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO A* 4S^~'R Ah^J ASSESSMENT OF DAMnCES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Robert H. Culley, Defendant for failure to file an Answer to Plaintiff's Complaint within 20 days (or 60 days if defendant is the United States of America) from the date of service of the complain and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $16,376.92 Interest - 8/1/01 - 10/3/01 $ 196.48 Late Charges $ 57.18 TOTAL $16,630.58 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Jo ph A. dbeck, Jr. A rney r Plaintiff DAMAGES ARE/ HEREBY ASSESSED AS INDICATED. DATE: fv- 5-oj ;j,_ PRO PROTHY w'~`~/ i hereby certify that the above names are correct and that the precise residence address of the judgment creditor is P.O. Box 9481, Mail Code: 22-528-1011, Gaithersburg, MD 20898-9481 and that the name and last known address of the Defendant is: Robert H. Culley, 375 Longs Gap Road, Carlisle, PA 17013 C; =,7, C __ °= ~ '-~ tJi , : ;~. ~ _ "- C ;:~ :'~ cL THIS LAW FIRM YS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: September 13, 2001 TO: ROBERT H. CULLEY Ridge #591 a/k/a 375 Longs Gap Road Carlisle, PA 17013 FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 vs. ELIZABETH A. CULLEY ROBERT H. CULLEY (Mortgagor(s) and Record Owner(s)) Ridge #591 a/k/a 375 Longs Gap Road Carlisle, PA 17013 Plaintiff Defendant(s) TO: ROBERT H. CULLEY Ridge #591 a/k/a 375 Longs Gap Road Carlisle, PA 17013 IMPORTANT NOTICE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW Action of MORTGAGE FORECLOSURE Term No. 01-4731 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: CU MHERLAND COUNTY HAR ASSOCIATION 2 Liberty Avenue CaYliele, PA 1]013 LEGALSP%VICPS INC 9lrvive Raw Carlisle, PA 1]013 ]1]243-9900 GO C 4cCAFFER Z EVER B ~ seph A. Goldbeck, Jr., Esq. At[omey for Plaintiff Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia,PA 19106 215-627-1322 GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 ~ i ) 6 7-i 3 First Nationwide Mortgage Corp. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Vs. No. 01-4731-Civil Term Elizabeth A. Culley (Deceased) CUMBERLAND COUNTY Robert H. Culley VFRTFTf'p,TTON OF NON-MTLTTARY SERVTCS JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) 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. (b) that defendant Robert H. Culley, is over 18 years of age, and resides at 375 Longs Gap Road, Carlisle, PA 17013. This statement is made subject Pa. C.S. Section 4904 relating to unsworn authorities. October 3, 2001 to the penalties of 18 falsification to A. Plaintiff ~, (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW First Nationwide Mortgage Corp. Plaintiff Vs. NO. 01-4731-Civil Term Robert H. Culley Defendant Notice is given that a Judgment in the above captioned matter has been entered against you on October f 2001. By: U~, G EPUTY If you have any questions concerniry~ this matter please contact: **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~v ~~ a~ ~_ ~ 2~ _. ~ ~ J w ~ ~ ~:- -: t- -- ` t~ ~ - ~ ~ Q° ~ `' _ -_ c: ; ;, y~ -- ~ ~ r._ ~~ ..: ~ t~ =: ~. \ ~~ .~ tir PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 First Nationwide Mortgage Corp. Plaintiff Vs. 8lizabeth A. Culley (Deceased) Robert H. Culley Defendants TO THE OFFICE OF THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 01-4731-Civil Term PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Issue writ of execution in the above matter: Amount Due Interest from 10/3/01 to sale date at $2.73 per diem Total 516,630.58 and Costs Jo K A. ldbeck, Jr. S e 500 a Bourse Bldg. 1 S. In ependence Mall East Philadelphia, PA 19106 Attorney for Plaintiff Note: Please attach description of property. ~+ a~ E .,~ .~, U i w i 0 z° o z ~ p, 1 'd ~ ~ + u ro H ~ b M °o b ~ ~ ^ ~-+ ~i ~ Z z ~ A N w~ q ~ w ~ O o , ~ V ~ r-I x H O ~I ~ ~ a ~ it r -i; j w ~ ro ~ ~ ~ w o ;~ ~_, O .~ A w b~ ~ v ~ ro ~x ao m ~~ - ~' '~ „ ~ _ x a ~ ,~ U " b ~ b ~ ~~-, p q g ~ ~ ~ ~ H ~ 7 U k+ w a W ;. ., WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 and RULE 2357 First Nationwide Mortgage Corp. Plaintiff Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 01-4731-Civil Term Elizabeth A. Culley (Deceased) WRIT OF EXECUTION Robert H. Culley (MORTGAGB FORECLOSURE) Defendants TO THE SHERIFF OF CUI~IDERLAND COUNTY, PENNSYLVANIA To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property (specifically described property below): Premises: Ridge #591 a/k/a 375 Longs Gap Road, Carlisle, PA 17013 (see attached legal description) Amount Due Interest from 10/3/01, to Date of Sale at $2.73 per diem Total as endorsed $16,630.58 ~ Plus Costs Clerk ~~ b d F ri .~ .,~ U i ri M n w i ri 0 z° ~1 O H Q, Z 11Uai a vi b~ O ~ ~ a s~ U ~ N H U p 0 v°~ ro z F ~ W H W y d W ro v A ~ v ~i ri U ~ J-1 ~ A ~a° '~ .~ r-I W v z~ O m H 0 U W ~ ~ ~ W O FW ~ ~ O ~ H ~ aH ~ 3 ~ U1 ri .~ W w w .~ a~ .~ ~i m~ a°O r-I U' M ~, ~ a° in H ~ ro to u N N N N 'b 'b m N .Q N E N ~, v 3 ALL THAT CERTAIN tract or parcel of ground with the building and improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, and described in accordance with a survey made by Eugene A. Palm, Registered Surveyor, Loysville, Pennsylvania, dated April 22, 1977, as follows, to wit: BEGINNING at a point set on the title line in the bed of Legislative Route 21072 (Longs Gap Road) at a corner of lands of Archie Morrison (as shown on said Plan); thence extending from said beginning point and measured along the title line in the bed of LR 21072 (Longs Gap Road) North 19 degrees 20 minutes 41 seconds West 175.84 feet to a point at a corner of lands of Carl W. Lehman; thence extending along same North 70 degrees 38 minutes 10 seconds East 244.82 feet to an iron at a corner of Carl W. Lehman land aforesaid; thence extending along same South 10 degrees 9 minutes 29 seconds East 155.55 feet to an iron pin at a corner of lands of Archie Morrison, aforesaid; thence extending along same South 64 degrees 51 minutes 0 seconds West 221.12 feet to an iron pin in the title line in the bed of LR 21072 (Longs Gap Road) the first mentioned point and place of BEGINNING. Tax Parcel #29-16-1097-012 Being known as Ridge #591 a/k/a 375 Longs Gap Road, Carlisle, PA 17013 ,~ \E~ c~ ~ ~, C r~ f\\1^` 1 .~~ V ~, ~, ~^ r~ C, c~ C n1{ u~- -'~ -, i J -a t G:. .~ c_ J 1?w.n+~ % t . 2~tt?",ri! -xokySt ~.e3W F"4°a9.,o:Fi a.3. i`fPrs!m~IgbEC~IN6~~ -~ _ .. ~~ GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, 7r. Attorney LD. #16132 Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 Attorney for Planitiff FIRST NATIONWIDE MORTGAGE CORP. Plaintiff vs. ELIZABETH A. CULLEY and ROBERT H. CULLEY (Mortgagors) and (Record Owners) Ridge #591 a/k/a 375 Longs Gap Road Carlisle, PA 17013 In the Court of Common Pleas of Cumberland County Civil Action -Law Action of Mortgage Foreclosure Defendant(s) SUGGESTION OF DEATH Term No. 01-4731 It is respectfully suggested that Defendant Elizabeth A. Gulley is deceased, having departed this life July 1990. Accordingly, the title Robert H. Gulley. GOLD~E M~(jdAlgF~k R~ Y & McKEEVER ? ~ c = ~; ~ ~ --, <-; z ~_ `„ ~~ ~- - G' ~: ~_ „_~'. ~c_ .~ ..L. ~n 4^ w' ~y.aaC. n~'RrW.~F4tie4ytl~: ..^'.!'~. w~kst?k'?~14~ ,. ._ d First Nationwide Mortgage Corp. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. Elizabeth A. Culley (Deceased) Robert H. Gulley NO. 01-4731-Civil Term Defendants AFr+TDAVT'r PURSUANT m0 RLtt.E 3i 29 1 Fish rra ~onw~de Mor aaa~Cor~., Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at R+ QP ~5ai a/kJa 375 Longs Gan Road Carlisle, PA 17013. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Robert H. Gulley 375 Longs Gan Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) a ~~si + +rban A+ h. 240 ~ a+^+~+a D ~v a+-~~s~ A i70~3 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) N9SLfl 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) 6°A Floor, Strawberry 13°h Floor, Ste. 1300 1001 Libertiy Avenue Pittsburgh, PA 15222 spot of Pubic Welfare P.O. Box 8486 P as+al v n+ Willow Oak Building 8s a e Recover~+ Program. Harrisburg pA ~7i0 -8486 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) 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. #4904 relating to unsworn falsification to authorities. October 3, 2001 At A ., aintiff •=.r. CJ W~.~ ~% ~- __ -. .~ l i. :. ) ' ~ l i r.~ r l}`,. 7 ~ ~( ' - _~ ..J ~~ ~~ `L ~ `r~ 9ms' °ni':vnse I e ~,==e», ...,,-,n;*?i xsi'3F:'n"Rp,n~"c "gym tbff'.iapn?zk: 2$4ifi.. ... GOLDBECK, MCCAFFERTY & MCKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500-The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 ( .~ ) 6 .7-13 . . First Nationwide Mortgage Corp. Vs. Elizabeth A. Culley (Deceased) Robert H. Culley ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 01-4731-Civil Term JOSEPH A. GOLDBECK, JR., ESQUIRE, hereby states that he is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA Mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Jos h A. dbeck, Jr. Att ney f Plaintiff GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 S,~i S) 627-~ 322 First Nationwide Mortgage Corp. Plaintiff Vs. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Elizabeth A. Culley (Deceased) Robert H. Culley NO.O1-4731-Civil Term Defendants NOTT O H T ~ T.. O R .A ~ TAT . T0: Robert H. Culley 375 Longs Gap Road Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at Ri a #591 a/~/a 375 Longs Gav Roams Carlisle. PA 17013, is scheduled to be sold at the Sheriff's Sale on March 6 2002 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, Ina Floor, Carlisle, PA 17013 to enforce the court judgment of $16 630.58 obtained by First Nationw;de Mortgag o+-v (the mortgagee) against you. NOTICE OF OWNER' RT .uTR vOU furnv gg p g m0 REV Iv'^' Hr HFRTFF S SAr~F To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: 1-r ) 627-1 - 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. xv~ ~ ~ r . 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 notice on page two on how to obtain an attorney.) vniJ Mnv gTTii B8 ABL•8 TO SAVE vOUR PROPERTY AND vOU H_nVE OTHER RTr.HmS BVEN TF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 1zis1 6z7-i3zz. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff's office at .1717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the 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 this time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 ,;n, c; - _- _ -_ ._~ - ,` ~: : ;, - ~ - y _ , -'; ~_ _;` ~ ;: _,r '~.9 _ _ __ - _ .. .. ~.~ ''~ rhasrn-F n:~~~~wrr^i~'^&"*, e.~rri~in ,vuxvara@... ... ,.. Goldbeck, McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #;6132 Suite 500 The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff First Nationwide Mortgage Corp. P.O. Box 9481, Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff IN THE COURT OF COMMON PLEAS OF C(Jm~Lg,nELCOUNTY Vs. CIVIL ACTION - LAW Elizabeth A. Culley (Deceased) Robert H. Culley ACTION OF MORTGAGE FORECLOSURE Ridge #591 a/k/a 375 Longs Gap Road Carlisle, PA 17013 Civil Term Defendants No. 01-4731 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made y: ( ) Personal Service by the Sheriff's Office/~_...r~~~... _____ (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriff's Office ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgement of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgement attached). ( ) Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. ly /~ubmitted, Gol eck McC f'~rty & McKeever By: oseph A. Goldbeck, Jr. Att ney for Plaintiff cq' ~ \ G m N m L E E Q ~~ T ~~ Y .~.. C L ~pp~ ..1 G ~OaS °e a° °m v%~m c o FEza ~o C~~ E c~~g5m K ~ E@PaLA ~ % • .r 4~ ~ ~ N .% E Emv y r2~wc=o ~ E • P'4 N~ rn 0 ~ O ooc B;£oe ~,.. 0 ~a~9 C o ~ ~ _ ~ P° ~ ~ w ~m ~~ om ~ p~A~-p~' z 6 ~ ~xgee ~ E %LL N~ N ~4 ' ~cE ~L O w ° _ Vim , »iN>m o eS eo° i ° `° No W = i % ~ m p Q c 'm°S~ ®~ ao LL z o `a~~,~g ¢ F° m aVi C? 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O ~ • O ~ • ` y ' r y¢ ~ a 9 w 1'a ~ 2 m y~ V ~w ~ C~ N N 7 C ~ ^ b '6GN ht+D C/imC U Q yr+ ~ O a ~ ~ d O N E +yd { GL m u Q a A~ .~Oai xCy v K03 "j ~~ -5 W y a ° ~ C1 g ~ v z ~1y 'p-Ia °a ~~ @ 7 a rr , a qq .".: E ~ ir, i . vO m 3 00 ~ on NN` °"' vMO ~ = 0 0 ;'M~ 0.L A Tr LL tC U g0.,U Clem V .G., W.. .-. ~.- FK. ~~ ~ ' ~7 N ~y 7 r1 ~+ ~M~ m ` "° P m Y ® di a ` o m ~ n m ~ ma o E% m'O m ~'a v Z 4 0 _ N M V ~ tD r ~ 6t ~ N M 7 ~ _ w m o _ h J C a O a ro 0 5 a ,~ a a E U m m m a ti h M 0 N n r~ s -~ ^_ ~Jl V Q Z 77,[„[1 3901 9644 5199 9100 To: CULLEY, ROBERT H. R®BER'r H. C12LLEY 375 Longs Gap Road Carlisle, PA 17013 SENDER: GOLDBECK MCCAFFERTY&MCKEEVER October 3, 2g01 REFERENCE: f Fr]-oza6 ~ I ~' © Z - Cbmberland RETURN RECEIPT SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal SeMCe Rn(- ~' A Receipt for 'E ~''~ Certified Mail ~ ?t1~j ,b No Insurance Coverage Provided LISPS 9~~6` Do Not Use for International Meil <~ F N 0 a W -~ N a b ~' C o 3 M 9 m \' 1 e ° '-- ~ K (' ,'®' O m 0 r~ ' d ~ (n ~ A ~ W ~ N ~ O (D CO N a1 ~ A W N -` ~ m o. 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VS Elizabeth A. Culley (Deceased) and Robert H. Culley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4731 Civil Term Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on November 7, 2001 at 9:32 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Robert H. Culley, by making known unto Robert H. Culley personally, at #591 Ridge a/k/a 375 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him 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 03, 2002 at 3:40 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 Elizabeth A. Culley (deceased) and Robert H. Culley located at #591 Ridge a/k/a 375 Longs Gap Road, 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: Robert H. Culley, by regular mail to his last known address of #591 Ridge a/k/a 375 Longs Gap Road, Carlisle, PA 17013. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriff's Office. Swom and subscribed to before me This day of 2001, A.D. Prothonotary So R. Thomas Kline, Sheriff BY ~ ('~ ~ ` ' VY1T7 ~ Real Esta e Deputy First Nationwide Mortgage Corp. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. Elizabeth A. Culley (Deceased) Robert H. Culley NO. 01-4731-Civil Term Defendants AFFTDAVT'~' PL~SUAN'~' TO RULE 3129.1 F++st N-t~onw~de Mortgage corn., Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the fol~.owing information concerning the real property located at Ridge #~9~ -/~/a 375 L•on~ s Gam Road. Carlisle PA 17013. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Robert H. Cullev 375 Loners Gan Road Carlisle PA 17013 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) 5 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) 6. Name and address interest in the by the sale: Name of every other person who has any record property and whose interest may be affected Address (if address cannot be reasonably ascertained, please so indicate) 6°h Floor, Strawberry 13`h Floor Ste. 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Dept. of Public Welfare P.O. Box 8486 PPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg PA 17105-8486 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name I verify and correct to and belief. I subject to the falsification Address (if address cannot be reasonably ascertained, please so indicate) that the statements made in this affidavit are true the best of my personal knowledge or information understand that false statements herein are made penalties of 18 Pa. C.S. #4904 relating to unsworn to authorities. October 3, 2001 Attney fo~~aintiff _ L~ _ . t : . ` ,7 ^r ~ 'rr _'-.~ ~'! "~"" ~ ~~ ~_. W - I~ri '~l T ~ ,n _t7 -C ~~ ~/ '~. '_~. ~yazFr s.•; ~~~. s<w;.rF~SN~LeTrt"i5i.¢Ft?t~mFxinua,NN~:nI~W~ First Nationwide Mortgage Corp VS Elizabeth A. Culley (deceased) Robert H. Culley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4731 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck, Jr. Sheriff s Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 24.20 Mileage 6.50 Levy 15.00 Advertising 15.00 Certified Mail 1.66 Poundage 13.00 Postpone Sale Law Journal 270.05 Patriot News 251.10 $ 663.01 paid by attorney 3-07-02 Sworn and subscribed to before me So~%x~s~+~~ i/~~~~ This ~ y ~~day of ~h,rc~,re) /~ ~'" -~ R. Thomas Kline, Sheriff 2002, A.D. 7 ~ BY_ J a cCy ~.Srvtc~ Prothonotary Real Estate Deputy ~ Ch, 35P37 ~ , ia~~~ ::.~~,- First Nationwide Mortgage Corp. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. Elizabeth A. Gulley (Deceased) Robert H. Gulley NO. 01-4731-Civil Term Defendants AFFrDAVTT PL~SIIA>`7'1' mO >aLnF 3'129 ~ F;rst Nat+onw~de Mortgage orn., Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at R+ a #59'1 a/k/a 375 Longs Gau Road Carl;s~e PA '170'13. 1. Name and address of owner(s) or reputed owner (s): Name Address (if address cannot be reasonably ascertained, please so indicate) Robert H. Cullev 375 Longs Gan Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Carl;sle + +rban A+ h. ~a0 Clearwater Dr;ve a 1;s7 vA ~70i- 4. Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) 13°h Floor Ste. 1300 1001 Liberty Avenue Pittsburgh PA 15222 Dept. of Public Welfare P.O. Box 8486 PPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg. PA 17105-8486 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name I verify and correct t and belief. I subject to the falsification Address (if address cannot be reasonably ascertained, please so indicate) that the statements made in this affidavit are true o the best of my personal knowledge or information understand that false statements herein are made penalties of 18 Pa. C.S. #4904 relating to unsworn to authorities. October 3, 2001 Attney fo~/Plaintiff GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 1,21 S~ 627-1322 First Nationwide Mortgage Corp. Plaintiff Vs. Elizabeth A. Culley (Deceased) Robert H. Culley Defendants ATTORNEY FOR PLAINTIFF : CUMBFsRLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.O1-4731-Civil Term NOTT O H T F'S SA O R A TAT TO: Robert H. Culley 375 Longs Gap Road Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY .RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at Ri ge #591 ~k/a 375 Longs Gan Road, Carlisle PA 17013. is scheduled to be sold at the Sheriff's Sale on March 6. 2002 at 10:00 a.m., in Cumberland County, Cumberland County Courthouse, Commissioners Hearing Room, Ina Floor, Carlisle, PA 17013 to enforce the court judgment of $16 630.58 obtained by First Nationwide Mortg~ae Corn. (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS O nv BE L•E m0 PRF: mH'r 4HE TFF' S epr.r To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the Back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call: (2151 627-13?2 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) vOU bLn`r SmTLL BE ABT E '~'O SA~>F' YOUR PROPER'rT/ FEND YOU HAVE OTHER R Tf`FiTS EVEhT TF TH8 SHERIFF' 3 SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling ( ~ 1 6.7-i3 ... 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff's office at ~7i7) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the 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 this time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOVED TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (800) 990-9108 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17103 (717) 243-9400 ALL THAT CERTAIN tract or parcel of ground with the building and improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, and described in accordance with a survey made by Eugene A. Palm, Registered Surveyor, Loysville, Pennsylvania, dated April 22, 1977, as follows, to wit: BEGINNING at a point set on the title line in the bed of Legislative Route 21072 (Longs Gap Road) at a corner of lands of Archie Morrison (as shown on said Plan); thence extending from said beginning point and measured along the title line in the bed of LR 21072 (Longs Gap Road) North 19 degrees 20 minutes 41 seconds West 175.84 feet to a point at a corner of lands of Carl W. Lehman; thence extending along same North 70 degrees 38 minutes 10 seconds East 244.82 feet to an iron at a corner of Carl W. Lehman land aforesaid; thence extending along same South 10 degrees 9 minutes 29 seconds East 155.55 feet to an iron pin at a comer of lands of Archie Morrison, aforesaid; thence extending along same South 64 degrees 51 minutes 0 seconds West 221.12 feet to an iron pin in the title line in the bed of LR 21072 (Longs Gap Road) the first mentioned point and place of BEGINNING. Tax Parcel #29-16-1097-012 Being known as Ridge #591 a/k/a 375 Longs Gap Road, Carlisle, PA 17013 WRIT OF EXECUTION andlor ATTACHAAENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-4731 CIVIL 19 CIVIL ACTION -LAW 70 THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due First Nationwide Mortgage Corp. from Robert H. Culley, PLAINTIFF(S) 1, a/k/a 375 Longs Gap Road, Carlisle PA 17013. (t) You are directed to levy upon the property of the defendant(s) and to sell Real estate located dae #591. a/k/a 375 Longs Gap Road, Carlisle PA 17013. (See attached 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/are 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 propertyof the defendant(s) not levied upon an subject to ariachment isfound in the possession of anyoneother than a named garnishee, you are direcledto notify him/herthat he/she has been added as a garnishee and is enjoined as above Stated. Amount Due $16,630.58 Interest 10/3/01 - 3/6/02._@ $2.73/diem Atty's Comm Atty Paid $119.2 5 plainYrff Paid Date: October 5, 2001 REQUESTING PARTY: ' Name Joseph A. Goldbeck, Jr., Esq. Suite 5uu-~rne bourse Address: ~l g TndenPnAPnr•P Mall >:a Plaintiff Attorney for: (215) 627-1322 Telephone: Supreme Coun ID No. L.L. $ . 5 0 $1.00 Due Prothy Other Costs - _ CURTIS R. LONG Prothon tary,Civil/D.ivision Deputy ;.>,.~ REAL ESTATE SALE a. ~~ On October 29, 2001, the sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, known and numbered as #591 Ridge a/k/a 375 Longs Gap Road, Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 29, 2001 By Real state Deputy ,,~ 4 .; ~, ~ ~ ~ 11~ '~ ` . ~_. ~~ ~:~ - .'~.z'-' ~---PEA ESTATE SALE No.S _. ~Nrtt No.2001-0731 -_ ____ CivH Term '~ Flrs! Natlonwirle ~__ - Mpt;gage Corp. _ - vs Elizabeth A. C )alley Ro6e~rt~H. Culley ONoseph A: Roldbeck,Jr. _. THAT CERTAIN tmi or parcel of ground Ilse building and tmprovemenls lhereaa erected, situate in North Middleton Township, mberlarKf County, Pennsylvania, aril descrilxd ~a~porrgance with a survey made by Eugene A. alm; Registered Surveyor, Loysville, Pennsylvania, dated April 22,1977, as follows, m avi[_ NAG at a point set on the title line in the ~~ddve Route 21072 (Longs Gap ~oad~afac6rret of lands of Archie Morrison (as =spawn ou said Planj; thence extending from said 7xgitmmg point and measured abng the title fide [i¢th'e bed_oPLR 21072 (Longs Gap Road) Nonh - l9 degrees 20 minutes 4l seconds West 175.84 -fat to a point at a comer of Lands of Cad W. Lehman;-dsence extending along same North 70 degrees 3B inmates t0 seconds Eau 244$2 feet io .w imn at a comer of Car(W Leiunan land safomsaid;_thence extending along Same South l0 `degrees 9 minu[Fs 2q seconds East 155.55 feet to ao von_pin-at a comer of lands of Arclde -~2t4`sdn, aforesaid; thence exte~ing'aloog - same:Soufh 6M1 degrees Slmtnutes 0 savnds Nest =221.12 feet !o an_iron pin in the title line in the ifs=of.LR 21072 (Longs GaD Road) the first N591 a/k/a 375 Longs '', THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and ail 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 29th day(s) January and the 5th and 12th day(s) of February 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 Daup(1in in Miscellaneous Book "M", Volume 14, Page 317. I I nom, PUBLICATION COPY SALE#5 22nd Tony L. Ruas@il, Notary PubAc /J` / ~ ~i' Hanisburg, Dauphin County ` G~~ My ComrWSSlon Expires June 6, NOTARY PUBLIC Member, Pennsylvania Associatbn of Notaries My commission expires June 6, 2002 2002 A.D. 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 $ 249.60 Probating same Notary Fee(s) $ 1.50 Total $ 251.10 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... REAL ESTATE SAS PiO. 6 Writ No. 2001-4731 Civil First Natiormdde Mortgage Corp. vs. Elizabeth A. Colley (Deceased) and Robert H. Gulley Atty.: Joseph A. Goldbeck. Jr. ALL THAT CERTAIN tract or paz- cel of ground with the building and improvements thereon erected, situ- ate in North Middleton Township, Cumberland County, Pennsylvania, and descrtbed in accordance with a survey made by Eugene A. Palm, Registered Surveyor, Loysville, Pennsylvania, dated April 22, 1977, as follows. to wit: BEGINNING at a point set on the title line in the bed of Legislative Route 21072 (Longs Gap Road) at a corner of lands of Archie Morrison (as shown on said Plan); thence ex- tending from said beginning point and measured along the title line in the bed of LR 21072 (Longs Gap Road) North 19 degrees 20 minutes 41 seconds West 175.84 feet to a point at a corner of lands of Cazl W. Lehman; thence extending along same North 70 degrees 38 minutes 10 seconds East 244.82 feet to an iron at a corner of Cazl W. Lehman land aforesaid; thence extending along same South 10 degrees 9 min- utes 29 seconds East 155.55 feet to an iron pin at a corner of lands of Archie Morrison, aforesaid; thence extending along same South 64 de- grees 51 minutes 0 seconds West 221.12 feet to an iron pin in the title line in the bed of LR 21072 (Longs Gap Road) the first men- tioned point and place of BEGIN- NING. Tax Parcel #29-16-1097-012. Being' ]mown as Ridge #591 a(k/a 375 Longa Gap Road, Cazllsle. PA 17013. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (iJnder Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 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. oger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 S®TARIAL SEAL ~ I LGIS S.. S~~tBS~t, Hi~ry Pub1k Garlisia , Gun' CouMY My March 5, 205 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A: Goldbeck, Jr. Attorney LD.#16132 Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWH)E MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff vs. ELIZABETH A. CULLEY ROBERT H. CULLEY Mortgagor(s) and ELIZABETH A. CULLEY ROBERT H. CULLEYRecord Owner(s) Ridge #591aRc/a 375 Longs Gap Road Carlisle, PA 17013 Defendant(s) EQ THE COURT OF COMMON PLEAS of Cumberland County CIVII, ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 01-4731 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due .Interest from 01/01/2001 to 10/03/2001 at 8.0000°/a (Costs to be added) $16,630.58 (iOLDBECI¢ RTY & McKEEVER BY: Joseph ~j{[' k, Jr. Attorney for in =~,s. 9 ~ ~ ~ J T ` l3'_ r- ~ ~' 1 ~ _ ( ~ ~ ~ ~ ~ ~ ~`~C-•- ~R ~~~J q U ~ a.~ ~ i ~ ~ 1 ~ r ~ t, ~ ~a v~ H ~ ..- i , ~ r ~ c~( Q 'O ~ ~ ~ ~:.~ ~' z~ " ~ ~ O ~ ~ V - / ~~ _~ ~~ ~~ ~ v .J ak'Po[1F I'~=~4tr 3 II4H~1~3giByR x a w a ~ o a o a w w b r a ce z ~ ~~,av~ ..~ a aa~ a ~,'" q o W tlq~ Q ~I }{$~±± ~'! '~ F A O W 7 6 F W N M o ~ ~ F ~ ~ z O ~Oa~~U W C ~ ~w ,^ W z w ~ ~ ~ E~ .ti U F c ~ ~ ~~ ~ 0 d 7 y ~ ~ ~ ~W~o '~ uNi F..~-i N ~ O U Qi M ~ b U Y ~ ~ ~ QI ti w ~ b N ~ ~ b u .. .C 0. Q F D,d b '~'~~ ~N h ~ ~ ti •~ 0.~ d. ~~ ~ C7 ALL THAT CERTAIN tract or parcel of ground with the building and improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, and described in accordance with a survey made by Eugene A. Palm, Registered Surveyor, Loysville, Pennsylvania, dated April 22, 1977, as follows, to wit: BEGINNING at a point set on the title line in the bed of Legislative Route 21072 {Longs Gap Road} at a corner of lands of An;hie Morri on (as shown on said Plan); thence extending from said beginning point and measured along the title line in the bed of LR 21072 (Longs Gap Road} North 19 degrees 20 minutes 41 seconds West 175.84 feet to a point at a corner of lands of Carl W. Lehman; thence extending along same North 70 degrees 38 minutes 10 seconds East 244.82 feet to an iron at a corner of Carl W. Lehman land aforesaid; thence extending along same South 10 degrees 9 minutes 29 seconds East 155.55 feet to an iron pin at a corner of lands of Archie Morrison, aforesaid; thence extending along same South 64 degrees 51 minutes 0 seconds West 221.12 feet to an iron pin in the title line in the bed of LR 21072 {Longs Gap Road) the first mentioned point and place of BEGINNING. Tax Parcel #29-16-1097-012 Being known as Ridge #591 a/k/a 375 Longs Gap Road, Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-4731 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FII2ST NATIONWIDE MORTGAGE CORP., Plaintiff (s) From ELIZABETH A. CULLEY AND ROBERT H. CULLEY, #591 A/K/A 375 LONGS ROAD, CARLISLE, PA 17013 (1) You are duetted to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRH'TION . (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 gamishee(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 aze duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $16,630.58 L.L. Interest FROM 1/1/Ol TO 10/3/01 AT 8.000% Atty's Comm % Due Prothy $1.00 Atty Paid $794.76 Other Costs Plaintiff Paid Date: MAY 8, 2003 CURTIS R. LONG Prothonotary G. (Seal) y~~ By: tom""°_ ~ ///~Diy.~~ Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUHtE Address: SUITE 500 -THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone:215-627-1322 Supreme Court ID No. 16132 ,~:~ IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ROBERT H. CULLEY JR CHAPTER 13 Debtor(s) FIRST NATIONWIDE MORTGAGE CORP. Moving Party vs. N0. 1-02-01156/RJW ROBERT H. CULLEY JR Debtor(s) CHARLES J. DEHART III. Trustee 11 U.S.C. Section 362 ORDER AND NOW, this day of FEBRUARY , 2003 in Harrisburg, upon failure of Debtor(s) and the Trustee to file and answer or otherwise plead, it is ORDERED AND DECREED that: The Automatic Stay of all proceedings as provided under Section 362, of the Bankruptcy Reform Act of 1978 (The code) 11 U.S.C. section 362, is modified to allow FIRST NATIONWIDE MORTGAGE CORP. and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriff's Sale regarding the premises Ridge#591, Carlisle, PA 17013Ridge #591, a/k/a 375 Longs Gap Road, Carlisle, PA 17013 and a pcssesscry action if necessary. HAR RIS EURG ~.~ ~._~ 6~ PA F E B 1 9 2003 L~.~F `>-.''Q' q GCUPI tl p.~:. BY THE COURT: ~5~.~0'iflV, ~l'E(i0itsx''~ JOHN J. THOMAS Chief Bankruptcy Judge Docket for Case: " + GetCaseNoO + " (" + DktTypeExpand(m.gsDktType) + ") Page 1 of 2 Bankruptcy Docket Report 102-01156 (Harrisburg) CULLEY, ROBERT H, JR Docket items entered between 01/01/1931 and 05/06/2003 Filing No Docket Entry ~ View Date document 03/05/02 1 VOLUNTARY PETITION under Chapter 13 & Mailing Matrix [EOD 03/05/02] Doc #1 PDF (2 [DD] a es 03/05/02 2 NOTICE of intent to dismiss case unless missing documents aze filed: due by None 03/20/02 Re: Item # 1. [Complied] [EOD 03/05/02] [DD] 03/28/02 3 CORRESPONDENCE to Attorney allowing unfil Apri14, 2002 to File missing None documents. Re: Item # 2. [EOD 03/28/02] [CA] 04/08/02 4 Schedules, Statements, Plan & Summary and all missing documents Re: Item # 2. Doc #4 PDF [EOD 04/09/02] [BR] 26 a es 04/22/02 5 CERTIFICATE of Mailing of Notice of 341 Meeting. Objections to the plan are due None 15 days after meeting held. [EOD 04/22/02] [CA] 04/25/02 6 MOTION FOR ORDER TO PAY TRUSTEE WITH CONSENT OF DEBTOR None [Disposed] [EOD 04/26/02] [JR] 04/26/02 7 ORDER to pay trustee. Re: Item # 6. [EOD 04/26/02] [JR] None 05/29/02 8 341 meeting held. [EOD 05/29/02] [CA] None 05/31/02 9 OBJECTION to plan by PA DEPT OF REVENUE Re: Item # 4. [Disposed] [EOD Doc #9 PDF 05/31/02] [CG] 10 a es 05/31/02 10 ENTRY OF APPEARANCE ofNICHOLAS J. LAMEERTI, ASSISTANT None COUNSEL FOR PA DEPARTMENT OF REVENUE [EOD 05/31/02] [CG] 07/11/02 11 OBJECTION to plan by FIRST NATIONWIDE MORTGAGE CORP. Re: Item # 4. Doc #11 PDF [Disposed] [EOD 07/12/02] [CG] 2 a es 07/26/02 12 CORRESPONDENCE SETTING HEARING WITH JUDGE THOMAS on 09/09/02 None at 10:00 A.M. at FED,BLDG., BKRPTCY CTRM.(3RD FLRJ, THIltD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item # 9. [EOD 07/26/02] [CG] CORRESPONDENCE SETTING HEARING WITH JUDGE THOMAS on 09/09/02 at 10:00 A.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 Re: Item # 11. [EOD 07/26/02] [CG] 09/06/02 13 MOTION TO DISMISS BY TRUSTEE WITH NOTICE SETTING HEARING on None 10/10/02 at 02:00 P.M. at FED.BLDG, BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 [EOD 09/06/02] [JC] 09/09/02 14 PROCEEDING MEMO rehearing held -debtor to file amended plan within 45 days; Doc #14 PDF record taken; mailing required by Clerks Office. Re: Item # 4. [EOD 09/10/02] [CL] 2 a es PROCEEDING MEMO rehearing held -debtor to file amended plan within 45 days otherwise upon certification case is dismissed; record taken; mailing required by Clerk's Office. Re: Item # 9. [EOD 09/10/02] [CL] 09/09/02 15 PROCEEDING MEMO re hearing held -settled; terms set forth on record; record Doc #IS PDF taken. Re: Item # 4. [EOD 09/10/02] [CL] 1 a e Docket for Case: " + GetCaseNoQ + " (" + DktTypeExpand(m.gsDktType) + ") Page 2 of 2 PROCEEDING MEMO re hearing held -settled; terms set forth on record; record taken Re: Item # 11. [EOD 09/10/02] [CL] 10/15/02 16 Praecipe/Withdraw Re: Item # 13. [EOD 10/15/02] [CG] None 10/24/02 17 Amended Ch. 13 Plan (Requested Proof of Service) Re: Item # 4. [EOD 10/25/02] None [CG] This entry disposes of motion. Re: Item # 9. [EOD 10/25/02] [CG] This entry disposes of motion. Re: Item # 11. [EOD 10/25/02] [CG] 10/28/02 18 CERTIFICATE OF MAILING RE: NOTICE ON CHAPTER 13 PLAN None AMENDMENT Objectionsdue on 11/18/02 Re: Item # 17. [EOD 10/29/02] [CG] (FILE DATE SHOULD BE 10/29/02) [EOD 10/29/02] [CG] 11/27/02 19 ORDER confirming amended plan Re: Item # 17. [EOD 11/27/02] [CG] None 01/13/03 20 MOTION TO DISMISS BY TRUSTEE WITH NOTICE SETTING HEARING on None 02/13/03 at 02:00 P.M. at FED.BLDG, BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,PA. 17108 [EOD 01/13/03] [CG] 01/21/03 21 MOTION for relief from stay filed by FIRST NATIONWIDE MORTGAGE CORP. None (fee pd. $75.00, rec. #590938-DD) [Disposed] [EOD 01/21/03] [BW] CERTIFICATE OFNON-CONCURRENCE [EOD 01/21/03] [BW] 01/22/03 22 ORDER that answers aredue on 02/11/03 Re: Item # 21. [EOD 01/22/03] [BW] None 01/27/03 23 CERTIFICATE of service Re: Item # 22. [EOD 01/27/03] [DS] None 02/14/03 24 CERTIFICATE OF DEFAULT Re: Item # 21. [EOD 02/18/03] [CG] None 02/19/03 25 ORDER granting relief from stay Re: Item # 21. [EOD 02/19/03] [CG] None 02/26/03 26 TRANSFER (ASSIGNMENT) of claim #4 of COLLECT AMERICA, LTD in the None amount of $2,754.03 to B-LINE, LLC (Waiver of Notice) [EOD 02/26/03] [CG] 02/27/03 27 Praecipe/Withdraw Re: Item # 20. [EOD 02/27/03] [CG] None Printed: 05/06/03 13:16:39 PACER Service Center Transaction Recei t 05/06/2003 13:16:40 PACER Login: 'a0060 Client Code: Description: .Docket Case Number: 1 2002-01156 Billable Pages: ~ Cost: 0.21 Need help? Try the PACER User's Guide acer Service Center Goid'aeck McCafferty & McKeever ~BY: Joseph A. Goldbeck; Jr. Attorney I.D. #16132 Suite 500 -The Bourse Bldg. 111,S. Independence Ma11 East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ELIZABETH A. CULLEY ROBERT H. CULLEY (Mortgagor(s) and ELIZABETH A. CULLEY ROBERT H. CULLEYRecord Owner(s)) Ridge #591alk/a 375 Longs Gap Road Carlisle, PA 17013 Defendant(s) ACTION OF MORTGAGE FORECLOSURE No. 01-4731 AFFIDAVIT PURSUANT TO RULE 3129 FD2ST NATIONWIDE MORTGAGE CORP., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: Ridge #591a/k/a375 Longs Gap Road Cazlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ROBERT H. CULLEY 375 Longs Gap Road Cazlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ELIZABETH A. CULLEY 375 Longs Gap Road Cazlisle, PA 17013 ROBERT H. CULLEY 375 Longs Gap Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Internal Revenue Service Federated Investors Tower, 13th Floor, Ste. 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Commonwealth of PA, Bureau of Individual Tax Inheritance Tax Division, Athr. John Murphy 6th Floor, Strawberry Squaze, Dept. 280601 Harrisburg, PA 17128 Carlisle Suburban Auth. 240 Clearwater Drive Cazlisle, PA 17013 Dept. of Public Welfaze PPL Casualty Unit, Estate Recovery Program P.O. Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Cazlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: The Commonwealth National Bank 10 S. Market Squaze Harrisburg, PA 17101 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest xnay be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which maybe affected by the sale. 7. 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. TENANTS/OCCUPANTS Ridge #591 a/k/a 375 Longs Gap Road Cazlisle, PA 17013 (attach sepazate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infomtation and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: May 6, 2003 GOLDBECK M~Q~F TY & McKEEVER BY: Joseph A. 1{Wdb r., Esq. Attorney for Pl ' ff F~ ~r ~'~_ - ...- '~~ !.. GO ~ t ~~ ~° ~. _ ~-t T y `^ _ T ~- !_ ~" J r:a ~.R "~ tD -< -® r amn oa.~sv -. ,... ,.;-:~~m~r: mFq~~.~r.~.wavaer~. 01-4731 GOLDBECK McCAFFERTY & McKEEVER i3Y: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suitt 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION -LAW vs. ELIZABETH A. CULLEY ROBERT H. CULLEY Mortgagor(s) and CULLEY, ELIZABETH A. CULLEY, ROBERT H.Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Ridge #591a/k/a 375 Longs Gap Road Carlisle, PA 17013 Term No. 01-4731 THIS LAW FIItM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WII.L BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CULLEY, ROBERT H. ROBERT N. CULLEY 375 Longs Gap Road Carlisle, PA 17013 Your house at Ridge #591a/k/a 375 Longs Gap Road, Cazlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $16,630.58 obtained by FIRST NATIONWIDE MORTGAGE CORP. against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to FIRST NATIONWIDE MORTGAGE CORP., the back payments, late chazges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 01-4731 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the mare chance you will have of stopping the sale. (See notice below on haw to obtain an attorney). YOU MAY STH,L BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of 717-240-6390. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Cazlisle, PA 17013 ~~ c, -~ f=: ` _, ~~ ~; . ..~ <~~ ~l r.. ='' : ~ -> ~, ~ -~! { ~fl 9~ ~~ _ .. _ .. _ _ _ ...ttm,~'wa~na~aw .bxro=¢~3oW~s. sm:7i4'~xsgv~nws~i;,i+k>sg,~.W _ GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney LD.#16132 Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 vs. Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ELIZABETH A. CULLEY ROBERT H. CULLEY Mortgagors and ELIZABETH A. CULLEY ROBERT H. CULLEY Record Owners Ridge #591a/k/a 375 Longs Gap Road Carlisle, PA 17013 Defendants ACTION OF MORTGAGE FORECLOSURE No. 01-4731 CERTIFICATE OF SERVICE PURSUANT TO Pa.RC.P. 3129.2 (c) (21 Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: (~ Personal Service by the Sheriffs Office~(copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, B oseph . Go dbeck, Jr. rney for Plaintiff 7160 3'701 98WN 255U U752 Toy CULLEYyAOBERTB ROBERT H. CULLEY 375 Longs•Ckr'p Road Cazlisle, PA 17013 SENDER: GOLDBECK MCCAFFERTY & MCKEEVER May 6, 2003 REFERENCE: / FN-0246 09/03/03 -Cumberland i I PS Form 3800, June 2000 RETURN Postage i RECEIPT Cert"rfled Fee SERVICE Return Receipt Fee Restriged Delivery Total postage & Fees , ' c s , ~_v US Postal $81VIC8 '~TtMAfiK Receipt for ~; ' Certified Mail ~~'. 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U ~ _ - o q w 4 O i d' V a~ t n Z 6 v m g w x e $ c ~ } - e " ~ ~ _ O y p L 8 F sf a G o ~ ° w ~~ k ~ _ _. ~ A y _ i ~ ~~~ s8' ~ ~ _ ~ a~ys ~ ~3^ _ ~ ,9 i,p" ~ pm SIJ ~3 jE 6 ~ a Kg 'U 1-K -~$'3 W d' a ~~ ~ `~ N E 'N - H F a ~~ °~ $0 3-3- ~ _ a ~o m ~n ti `ii m°o u 3= ¢q •g '~ Q ~ S f. a ~' _ ~~+..c R a aid ~ R am a ~ L~ E t [ » i b_ _ '3 m y6 g ~ ~ K E ~~ ~ y b ~ . ScL q9 ~m°O .~¢ 8 ~ ~~s '~.~~ ~~-^ ` sR_a s'~~ ~g~ ~'~'°~ ~ s o Q a 8$u €~ ~m5 a~c§ ~'a ~a~ U "` EN ~a a c J N t~ 7 ~ tO 1~ ~ N ~ r N C7 V ~ q O -. ~ F.tl s 6 E V Z rt; M LL .. Q First Nationwide Mortgage Corp. VS Elizabeth A. Culley and Robert H. Culley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4731 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on May 16, 2003 at 3:03 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert H. Culley, by making known unto Katrina Culley, adult daughter of defendant, at 375 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 11:57 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 Robert H. Culley located at 375 Longs Gap Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served tha 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: Robert H. Culley, by regular mail to his last known address of 375 Longs Gap Road, Cazlisle, PA 17013. This letter was mailed under the date of July 3, 2003 and never returned to the Sheriffs Office. Sworn and subscribed to before me This day of 2003, A.D. Prothonotary So a ~~ ..s~~C ~ , R. Thomas Kline, Sheriff 13Y' Real Est e eputy ,E., GOLDBECK McCAFFERTY & McKEEVER By: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 (215) 627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. Plaintiff, vs. ELIZABETH A. CULLEY and ROBERT H. CULLEY (Mortgagors) and (Record Owners) Ridge #591 a/k/a 375 Longs Gap Road Carlisle, PA 17013 Defendant(s) SUGGESTION OF DEATH Term No. 01-4731 It is respectfully suggested that Defendant Elizabeth A. Culley is deceased, having departed this life July 1990. Accordingly, the title In the Court of Common Pleas of Cumberland County Civil Action -Law Action of Mortgage Foreclosure Robert H. Culley. GOLD M A}~ERTY & McKEEVER BY: Jo A. db k, Jr. Attorn for Pl 'tiff - Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney LD. #16132 Suite 500 -The Bourse Bldg. 111 S, Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plainfiff FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 vs. Plaintiff ELIZABETH A. CULLEY ROBERT H. CULLEY Mortgagors and ELIZABETH A. CULLEY ROBERT H. CULLEY Record Owners Ridge #591a/k/a 375 Longs Gap Road Carlisle, PA 17013 Defendants AFFIDAVIT PURSUANT TO RULE 3129 No. 01-4731 FIRST NATIONWIDE MORTGAGE CORP., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, 7r., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: Ridge #591a/k/a 375 Longs Gap Road Carlisle, PA 17013 1.Name and address of Owner or Reputed Owner: ROBERT H. CULLEY 375 Longs Gap Road Cazlisle, PA 17013 2. Name and address of Defendants in the judgment: ELIZABETH A. CULLEY 375 Longs Gap Road Cazlisle, PA 17013 ROBERT H. CULLEY 375 Longs Gap Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Internal Revenue Service Federated Investors Tower, 13th Floor, Ste. 1300 1001 Liberty Avenue Pittsburgh, PA 15222 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Commonwealth of PA, Bureau of Individual Tax Inheritance Tax Division, Attn. John Murphy 6th Floor, Strawberry Squaze, Dept. 280601 Harrisburg, PA 17128 Carlisle Suburban Auth. 240 Clearwater Drive Carlisle, PA 17013 Dept. of Public Welfare PPL Casualty Unit, Estate Recovery Program P.O. Box 8486, Willow Oak Building H~urisburg, PA 17105-8486 PA DEPARTMENT OF PUBLIC WELFARE Bureau of Child Support Enforcement Health and Welfaze Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: The Commonwealth National Bank 10 S. Mazket Square Hanrisburg, PA 17101 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest maybe affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which maybe affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale. TBNANTS/OCCUPANTS Ridge #591 a/k/a 375 Longs Gap Road Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit aze 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 unswom falsification to authorities. DATED: Julv 31, 2003 G~,.~ K IvIt;CAFFERTY & t A. Goldbeck, Jr., Esq. Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CiJMBERLAND ~ 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 Scott Hench is the grantee the same having been sold to said grantee on the 3rd day of ~ A.D., 2003, under and by virtue of a writ Execution issued on the 8th day of Mav, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 4731, at the suit of First Nationwide Mtg Com against Elizabeth A Cullev & Robert H is duly recorded in Sheriff's Deed $ook No. 259, Page 4565. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l~ ~ day of > A.D. 2003 ~ of Deeds rv." „v~eau-~.,awm~n~~. ,..,=FCS SCHEDULE OF DISTRIBUTION SALE N0.25 Date Filed: October 3, 2003 Writ No. 2001-4731 Civil Term First Nationwide Mortgage Corp. VS Elizabeth A. Culley and Robert H. Culley Ridge #591 a/k/a 375 Longs Gap Road Carlisle, PA 17013 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney C September 3, 2003 Scott Hench $51,000.00 $16,630.58 1,003.75 osts: 794.76 Total: $18,429.09 DISTRIBUTION: Receipts: Cash on account (OS/15/03): $1,500.00 Cash on account (09/03/03): 5,100.00 Cash on account (09/17/03): 49,192.28 Total Receipts: $55,792.28 ,~ , Disbursements: Sheriffs Costs $ 1,738.28 Legal Search 200.00 Local Transfer Tax 1,036.14 State Transfer Tax 1,036.14 Carlisle Suburban Authority 9,901.49 n/k/a North Middleton Authority First Nationwide Mortgage Corp. 18,429.09 Commonwealth National Bank 21,951.14 Attorney Goldbeck 1,500.00 Total Disbursements: ($55 7. 92.28) Balance for distribution: 0.00 So Answers: -„"~`~C R. Thomas Kline Sheriff _~.~ TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEII2 REMOVAL IS PRODUCED. SHERIFF SALE N0.25 Held Wednesday, September 3, 2003 Date: September 3, 2003 TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year 2003. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICH'AL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JIJAGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated 2003, and recorded 2003, in Cumberland County Deed Book ,Page RECITAL: Being the same premises which John C. Stull and Sherril D. Stull, his wife, by deed dated November 8, 1979 and recorded November 8, 1979 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "T," Volume 28, Page 95, granted and conveyed to Robert H. Culley and Elizabeth A. Culley, his wife. OTHER EXCEPTIONS: The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of L.R. 21072, known as Longs Gap Road. 6. Mortgage in the amount of $32,500.00 given by John C. Stull and Sherril D. Stull to the Lomas and Nettleton Company dated May 26, 1977 and recorded May 26, 1977 in Mortgage Book 632 Page 48. Said mortgage being assigned to First Nationwide Mortgage Corporation by instrument recorded in Miscellaneous Record Book 634, Page 1009. x Complaint in mortgage foreclosure filed by First Nationwide Mortgage Corporation as Plaintiff against Elizabeth A. Culley and Robert H. Culley as Defendants in the Office of the Prothonotary of Cumberland County to file No. 2001-4731.. Judgment in the amount of $16,630.58 entered October 5, 2001. Mortgage in the amount of $30,000.00 given by Robert H. Culley to the Commonwealth National Bank dated October 19, 1990 and recorded October 22, 1990 in Mortgage Book 994, Page 399. Municipal lien filed by the Cazlisle Suburban Authority as Plaintiff against Robert H. Culley and Elizabeth A. Culley as Defendants on April 13, 2000 in the Office of the Prothonotary of Cumberland County to file No. 2000-2308 in the amount of $3,000.00, .9. Municipal lien filed by Carlisle Suburban Authority as Plaintiff against Robert H. Culley and Elizabeth A. Culley as Defendants on January 2, 2002 in the Office of the Prothonotary of Cumberland County to file No. 2002-3 in the amount of $5,413.57. 10. Satisfactory evidence to be produced concerning the death of Elizabeth A. Culley. 11. Rights granted to Keystone Pipeline Company by instrument recorded in Miscellaneous Record Book 67, page 24. 12. Subject to conditions contained in Deed book "F," Volume 12, Page 596, reciting rights granted in Miscellaneous Record Book 30, Page 23 to Cazlisle Gas and Water Company 11. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff's sale. 11. Real estate taxes accruing on and after January 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bi111412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be valid r 'nding until countersigned by an authorized sign ry. REAL ESTATE SALE NO. 25 Writ No. 2001-4731 Civil First Nationwide Mortgage Corp. , vs. Elizabeth A. Culley and Robert H. Culley Atty.: Joseph Goldbeck ALL THAT CERTAIN tract or paz- ~ cel of ground with the bulldfng and' improvements thereon erected, situ- ate in North Middleton Township, Cumberland County, Pennsylvania, and described ffi accordance with a survey made by Eugene A. Palm, Reg- istered Surveyor, Loysville, Pennsyl- vania, dated April 22, 1977, as fol- lows, to wit: BEGINNING at a point set on the ' titie line is the bed of Legislative Route 21072 (Longs Gap Road) at a corner of lands of Archie Morrison (as shown on said Plan); thence ex- tending from said beginning point and measured along the title line in the bed of LR 21072 (Longs Gap Road) North 19 degrees 20 minutes 41 seconds West 175.84 feet to a point at a comer of lands of Cazl W. Lehman: thence extending along same North 70 degrees 38 minutes 10 seconds East 244.82 feet to an iron at a comer of Cazl W. Lehman land aforesaid; thence extending along same South 10 degrees 9 min- utes 29 seconds East 155.55 feet to an iron pin at a corner of lands of Archie Morrison, aforesaid; thence extending along same South 64 de- grees 51 minutes 0 seconds West 221.12 feet to an iron pin in the title line in the bed of LR 21072 (Longs Gap Road) the first men- tioned point and place of BEGIN- NING. Tax Pazcel #29-16-1097-012.- Being known as Ridge #591, a/k/a 375 Longs Gap Road, Caz- lisle, PA 17013. First Nationwide Mortgage Corp. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Elizabeth A. Culley and Robert Writ No. 2001-4731 Civil Term H. Culley Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on May 16, 2003 at 3:03 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert H. Culley, by making known unto Katrina Culley, adult daughter of defendant, at 375 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 11:57 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 Robert H. Culley located at 375 Longs Gap Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Robert H. Culley, by regular mail to his last known address of 375 Longs Gap Road, Carlisle, PA 17013. This letter was mailed under the date of July 3, 2003 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 September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $51,000.00 to Scott Hench. It being the highest bid and best price received for the same, Scott Hench of 251 Sheaffer Road, Carlisle, PA 17013, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $54,292.28. Sheriffs Costs Docketing $30.00 Poundage 1020.00 Posting Bills 15.00 Advertising 15.00 Acknowledging heed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 6.90 Levy 15.00 Surcharge 20.00 Law Journal 246.80 Patriot News 235.18 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1738.28 Sworn and subscribed to before me This -~~~ day of ®/)emu. 2003, A.D. cc ~,.ee~„< rothonotary So Answer R. Thomas Kline, Sheriff BY Real Estate eputy ate' ,j0 ~' C ~~~ c.~c vaoa7 ~, iy3 ~a~ --: ;anrtasxm y9 f Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck; Jr. Attorney I.D. #16132 Suite 500 -The Bourse Bldg. 111.5. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIItST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff vs. ELIZABETH A. CULLEY ROBERT H. CULLEY (Mortgagor(s) and ELIZABETH A. CULLEY ROBERT H. CULLEYRecord Owner(s)) Ridge #591a/k/a 375 Longs Gap Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE No. 01-4731 AFFIDAVIT PURSUANT TO RULE 3129 FIRST NATIONWIDE MORTGAGE CORP., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: Ridge #591a/k/a 375 Longs Gap Road Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): ROBERT H. CULLEY 375 Longs Gap Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: ELIZABETH A. CULLEY 375 Longs Gap Road Carlisle, PA 17013 ROBERT H. CULLEY 375 Longs Gap Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: Internal Revenue Service Federated Investors Tower, 13th Floor, Ste. 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Commonwealth of PA, Bureau of Individual Tax Inheritance Tax Division, Attn. John Murphy 6th Floor, Strawberry Square, Dept. 280601 ;; _ .~ Harrisburg, PA 17128 Carlisle Suburban Auth. 240 Clearwater Drive Cazlisle, PA 17013 Dept. of Public Welfare PPL Casualty Unit, Estate Recovery Program P.O. Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Cazlisle, PA 17013 4: Name and address of the last recorded holder of every mortgage of record: The Commonwealth National Bank 10 S. Market Square Harrisburg, PA 17101 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: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale. TENANTS/OCCUPANTS Ridge #591 a/k/a 375 Longs Gap Road Cazlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit aze tme 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. DATED: May 6, 2003 (iOLDBECK M~[M~TY & t BY: Joseph A. db r., Esq. Attorney for Pla' 01-4731 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Ir. Attorney LD.#16132 Suite 500 -The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff FIRST NATIONWIDE MORTGAGE CORP. PO Box 9481 Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff vs. ELIZABETH A. CULLEY ROBERT H. CULLEY Mortgagor(s) and CULLEY, ELIZABETH A. CULLEY, ROBERT H.Record Owner(s) Ridge #591a/1da 375 Longs Gap Road Carlisle, PA 17013 Term No. 01-4731 THIS LAW FIItM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THLS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF`S SALE OF REAL PROPERTY TO: CULLEY, ROBERT H. ROBERT H. CULLBY 375 Longs Gap Road Carlisle, PA 17013 Your house at Ridge #591a/k/a 375 Longs Gap Road, Cazlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, September 03, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $16,630.58 obtained by FIltST NATIONWIDE MORTGAGE CORP. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TffiS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS of Cumberland County CIVII, ACTION -LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to FIItST NATIONWIDE MORTGAGE CORP., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 h . 01-4731 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to pefltion the Court to set aside the sale if the bid price was grossly inadequate compazed to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriffs 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 distribution is wrong) aze filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICESINC 8 Irvine Row Carlisle, PA 17013 ALL THAT CERTAIN tract or parcel of ground with the building and improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, and described in accordance with a survey made by Eugene A. Palm, Registered Surveyor, Loysville, Pennsylvania, dated Apri122, 1977, as follows, to wit: BEGINNING at a point set on the title line in the bed of Legislative Route 21072 (Longs Gap Road) at a corner of lands of Archie Morrison (as shown on said Plan}; thence extending from said beginning point and measured along the title line in the bed of LR 21072 (Longs Gap Road) North 19 degrees 20 minutes 41 seconds West 175.84 feet to a point at a comer of lands of Carl W. Lehman; thence extending along same North 74 degrees 38 minutes 10 seconds East 244.82 feet to an iron at a corner of Carl W. Lehman land aforesaid; thence extending along same South 16 degrees 9 minutes 29 seconds East 155.55 feet to an iron pin at a corner of lands of Archie Morrison, aforesaid; thence extending along same South 64 degrees 51 minutes 0 seconds West 221.12 feet to an iron pin in the title Line in the bed of LR 21072 (Longs Gap Road) the first mentioned point and place of BEGINNING. Tax Parcel#29-16-1097-012 Being known as Ridge #591 a/k/a 375 Longs Gap Road, Carlisle, PA 17013 WRIT OF EXECUTION' and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANL~) COUNTY OF CUMBERLAND) NO O1-4731 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIIiST NATIONWIDE MORTGAGE CORP., Plaintiff (s) From ELIZABETH A. CULLEY AND ROBERT H. CULLEY, #591 A/K/A 375 LONGS ROAD, 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 $16,630.58 L.L. Interest FROM 1/1/Ol TO 10/3/01 AT 8.000% Atty's Comm % Due Prothy $1.00 Atty Paid $794.76 Other Costs Plaintiff Paid Date: MAY 8, 2003 CURTIS R. LONG (Seal) Prothonotary .Bv: ~/ljy~,.~~ .~ Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 500 -THE BOURSE BLDG. 111 S. INDEPENDENCE MALL EAST PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 25 On May 15, 2003 the sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA known and numbered as #591 Ridge a/k/a 375 Longs Gap Rd., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 15, 2003 By: J~fQ~-( pti~~~ N Real Estate Deputy ~~° ~"~7 -4731 °° P'fnt Nebo°nwTde Mortgage Corp. Vs ' ~- ~Roti rt N Oulleyand P Yty: -Josepfi Goldbeck ~~'~"" T' "~ DESCRIPTION --_ hLL TAATCERTAIN tract ar parcel of ground ~1~Ibe_building and improvements thereon --amrcd, situate is Nefth Middleton Township, "Camkerla~ County, Pennsylvania, arM descnhal i4~atlance wieh a survey made 6y Eugene .4, "Palm, Registdred Surveyor; Loysville, ~nsylvania, dated Apri(Z2, f977, az fillavs. to -$ECINN~'G at a point set on the title line in the ,Y Legislative Route 2lfrR (Lan Gap R.aad) at a comer of lands of Archie Mdmwn (az "'.'-lhosvn~n said Plan): dtenuc extended from said "'~~gmuing point and measured along the fide line ~~hnhz bed of LR 21D72 (Longs Gap ftaad) Nonh =~9'depges 2D minutes 4! saros~dx West 175.84 r6a iroint at a comer of lands of Carl W. thence extending along same NoRh70 f8 minutes 10 secanda East 214,62 fees to aI a comer of Carl W. Ghman land i; IMnee exteoded ainng same Souih 10 3 minutes 29 seconds East 155.55 Feet so et to an honplrt in the title tine in 21072 (Lonss Gan Road1 the first :9-161097-0I2. 's Ridge 8591 arkla 375 ae, PA 17013. ..~,: _ t t THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ad 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 Sund Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 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. n PUBLICATION ..........:.... .: ~ d~'X...~.................. COPY `'~ Sworn d subscribed be r e his 13th da of Au u 003 A.D. SALE#25 ~ ' Terry L. Ru^ tasell, Ndary P Csy Of Harrisburg, Dauphin MyOomrrdssWnF~IresJrme8,2t106 N TARY PUBLIC Member.PanrreyNaMaASSac~tlanOiNaiaAe~iy commission expires June 8, 2006 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 $ 233.43 Probating same Notary Fee(s) $ 1.75 Total $ 235.18 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... ILEAi. ESTATE SALE NO. 26 Writ No. 2001-4731 Civil First Nationwide Mortgage Corp. vs. Elizabeth A. Culley and Robert H. Culley Atty.: Joseph Goldbeck ALL THAT CERTAIN tract or par- cel of ground with the building and improvements thereon erected, situ- ate in North Middleton Township. Cumberland County, Pennsylvania, and described in accordance with a survey made by Eugene A. Palm, Reg- istered Surveyor, Loysville, Pennsyl- vania, dated Aprll 22, 1977, as fol- lows, to wlt: BEGINMNG at a point set on the title line in the bed of Legislative Route 21072 (Longs Gap Road) at a corner of lands of Archie Morrison (as shown on said Plan): thence ex- tending from said beginning point and measured along the title line in the bed of LR 21072 (Longs Gap Road) North 19 degrees 20 minutes 41 seconds West 175.84 feet to a point at a corner of lands of Carl W. Lehman; thence extending along same North 70 degrees 38 minutes 10 seconds East 244.82 feet to an iron at a corner of Cazl W. Lehman land aforesaid; thence extending along same South 10 degrees 9 min- utes 29 seconds East 155.55 feet to an iron pin at a corner of lands of Archie Morrison, aforesaid; thence exending along same South 64 de- grees 51 minutes 0 seconds West 221.12 feet to an iron pin in the title line in the bed of LR 21072 (Longs Gap Road) the first men- tioned point and place of BEGIN- NING. Tax Pazcel #29-16-1097-012. Heing known as Ridge #591, a/k/a 375 Longs Gap Road. Car- lisle, PA 17013. 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: JULY 18, 25, 2003 AUGUST 1, 2003 AfBant 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. Coyne, Editor TO AND SUBSCRIBED before me this 1 _ day of AUGUST, 2003 Lb33 E. R, ~ e ~ &~ch 5,