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HomeMy WebLinkAbout99-03348 ?y{?? V ., ?? 1 1 MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENrE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation 961 Weigel Drive Elmhurst, IL 60126 V. ' Scott A. Matthews 3703 Enola Road Newville, PA 17241 and Kimberly D. Matthews 3703 Enola Road Newville, PA 17241 You have been sued in court. if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days a entering a written fter this complaint and notice are served, by attorney and filing inpwritingewith rthe court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 1 i I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249.3166 Attorney for Plaintiff Cumberland County Court of Common Pleas q elf, - .?3,y n > Number NOTICE CIVI ---ISO Le han demandado a usted an to torte. Si usted q Las paginas uiere defenderse de estas demandas ex-puestas an dies de Plato at partir de uto fecha ede to demands y to notification. Noce felts asentar Una comparencia escrita o en persona o con un abogado y entregar a Is torte an forme escrita sus defenses o sus objeciones a (as demandas an contra de su persona. Sea avisado qua at usted no se defiende, to torte tomara medidas y puede continuer la demands an contra suya sin previo eviso o notification. Adams, to torte puede decidir o favor del demondante y requiere qua usted cumpla con todas Las provisions de esta demands. Usted puede perder dinero o sus propiedades, u otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMED1ATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SURCIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation 961 Weigel Drive Elmhurst, IL 60126 V. Scott A. Matthews 3703 Enola Road Newville, PA 17241 and Kimberly D. Matthews 3703 Enola Road Newville, PA 17241 Cumberland County Court of Common Pleas Number 99. 33 yd' ui, ,.r 2^ 1• Plaintiff is Household Realty Corporation, a corporation duly organized under the laws of Delaware and doing business at the above captioned address. 2. The Defendant is Scott A. Matthews, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 3703 Enola Road, Newville, PA 17241. 3. The Defendant is Kimberly D. Matthews, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 3703 Enola Road, Newville, PA 17241. 4. On July 1, 1997, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1392, Page 618. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 45 Mare Road, Carlisle, PA 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due December, 1998 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. 7. The following amounts are due on the mortgage: Principal Balance $24,542.93 Interest 12/98 through 4/7/99 $ 2,881.43 (Plus $9.58 per diem thereafter) Attorney's Fee $ 1,500.00 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search S 200.00 GRAND TOTAL $29,474.36 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage ?i Assistance Act of 1983 have been sent to Defendants by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B." WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $29,474.36, together with interest at the rate of $9.58 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. . t/'A-P cz. D . Mc C'U e, TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff The undersigned, Richard F. Bxasch, hereby certifies that he is the Foreclosure Specialist of the Plaintiff in the within action, Household Realty Corporation, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to - authorities. RICHARD F. BRASCH 1 71'3303 " ?AGE Ip BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES THIS MORTGAGE is made this 1ST day of JULY 19 97 between the Mortgagor, SCOTT A MATTHEWS JTI? j r r 1 KIMBERLY MMATTHEWS ... (herein "borrower , an. , ortgagee„ HOUSEHOLD. REALTY CORPORATION— whose address is a corporation organized and existing under the aws o DELAWARE n. r.rewnv nnbv;: SUITE 107, MECHANICSBURG, PA 17066 ' tnerow a.c,w?. ,. The following paragraph preceded by a checked box is applicable. I V WHEREAS, Borrower is indebted to Lender in thb principal sum of $ 24,604.92 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary ortgage Loan greement ated JULY 1 , 1997 and any extensions or renewals thereof (herein "Note"), providing for monthly installments of principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on JULY 1 , 2027 Q WHEREAS, Borrower is indebted to Lender in the principal sum of $ or so much thereof and as may be advanced pursuant to Borrower's Revolving Loan Agreement datP3-- extensions and renewals thereof (herein "Note"), providing for monthly installments, an interest at t e rate an under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all, other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and'(4) the performance of the covenants and agreements of Borrower herein contained,'Borrower does rty hereby mortgage, grant and convey to Lender and Lender's succe'ssors•and assigns the following 'described properth located in the County of CUMBERLANO..: `. of Pennsylvania:.' . ; ... . ALI thet certain property situated In the township of Lowe'r' Frankford In'the'county of Cumberland and Commonwealth of Pennsylvania, being described I,s follows:. containing 15,682 acres more or less. Being more fully described In a fee simple deed dated 0012311993 and recorded 05123/1993, among the land records of the county and 'state set forth above, In Volume 136 Page 1133. EvHIBIi 'q° to - C r'l g rn • • JCY It: C-3 C7 tv 3 n ? - c CD ci r C;p Booxi FAGS 618 ro 11.22•9s Mwigigs PA ORIGINAL i,••'• ,'I? q In Mims MIMI 111 1 ?II ? ? ? ???I? I PADOf Y. I' I1 Y LL IiIll L'I I Ii r TOGETHER with all the improvements now or hereafter erected on the property, and all easements rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property," . Borrower covenants that Borrower is Iswfully seised of the estate hereby conveyed and has the right to' mortgage, grant and convey the Property, and that the,property is unencumbered, except for encumbrances of'record.' Borrower covenants th'at'Boirower warrants and will defend' generally the title to the Property igainstpil,olaims and demands, subject ;to encumbrances of record, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest 'at Variable Rates. This mortgage secures all payments of principal and interest due on a variable rate loan. The'contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal'and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfih of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus 'one-twelfth of yearly premium installments-for mortgage insurance;-lf•any;tall. as•reasonably=estimated-initially ;and-from time to time. by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender.:' If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said. account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on: the Funds and applicable law permits Lender to make such a charge. Borrower and Lender. may, agree in, writing at the time of execution of this Mortgage that interest 'on the Funds shall be paid to Borrower,-and unless such agreement is made or applicable law'.requires;sbch interest to be paid,,Lender shall not,be required,to.pay, Borrower any,interesi or, earnings on' the Funds, Lender'. shall give to Borrower without charge, an annual accounting of the 'Punds showing credits and debits to'the Funds .and the, purpose, for winch, each debit `to the Funds was made. The Funds are pledged as:additioaal security .for the suins,seoured .t ii Mortgage. If the amount of the Funds held by Lender, together with the future 'monthI installments of Funds payable prior to the due dates of taxes,'assessments, insurance premiums and ground rents; 8 ha11 exceed the amount required to pay said taxes, assessments, insurance premiums and ground'rents as they all due, such oxcess shall be, at Borrower's option, either promptly repaid to. Borrower or credited to Borrower on:monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premium's and ground rents as they fall due, Borrower shall pay to Lender sny'amount necessary to make up.the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held, by,Lender..If under paragraph 17 hereof the Property ig_sold or the.Pro_perty is. otherwise acquired by Lender, _...... Lender shall apply, no later than immediately prior to .the sale 'of'the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit• against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and,2 hereof shall be applied by Lender first in payment of. amounts payable to Lender by Borrower under paragraph:2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower.shall perform all of Borrower's obligations under any morigage,.deed of trust or other security agreement with alien which has priority over this Mortgage, including Borrower's. covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges; fines'and impositions attributable to the Property which may attain a priority'over this Mortgage, and.leasehold payments or.ground rentsif, any. 5. Hazard Insurance: Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included' within the term 'extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such•approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include"a"Aandard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the politics and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. fiood392fAGE W 11.22.06 Wr10nae PA MY I'?l it N tl?ll ?t? tp? p y IN ???? ¦p On IGINAI' IIIIIIlIa111II?I1111111 t IFI IIIIti AIIIIIIII U wl 11110 11 u Ih lh idol 1111o llll lfu ., .. • ... PA001232 .. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the elate notice is mailed by Lender to Borrower that the insurance carrier'offers to'seitle a claim for insurance benefits, Lender is authorized, to collect and apply the insurance proceeds at Lender's. option either to restoration or repair of the Property or to the sums. secured. by this Mortgage. 6,'Prese : .-n'and'Maintepance of Property; Leaseholds, Condominiums; Planned Unit Developments. 'Borrower shall keep'the'Property'in good repair and'shali not commit waste or 'permit inipairmohvoc'deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a: leasehold. If this Mortgage is on a unit in a condominium or a. planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent' documents. 7. Protection of Lender's Security: If Borrower fails to perform the covenant and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affect Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amount disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to. other terms of `?ayment;'sueamounts shall'be payable 'upon no'tice' from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower. Not Released; Forbearance By Lender 'Not a Waiver. Extension of the time for payment or rnodification.of,amortization of the sum's secured by this Mortgage granted by Lender to any•successor . in :interest of ,Borrower shall not operate to release, in any miin&r; the liability of tlie original Borrower and Borrowers successors in interest: Lender shall not be required to commence' proceedings against such successor'of refuse•to extend time for payment.or other%46modrfy'am,ortrzation of the;sums secured'by'this'Mortgage by roason of any demand 'made by the orrginal'Borrower and Borrower's successor?iini terest.'A ynoorber waiver 1, orer"in edertheng.a.nyseroftaor exerci' remedy hereunder,'or otherwise afforded by app such right or remedy. . 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenant and agreement herein contained shall bind, and the right hereunder shall inure to, the respective successors and assigns of Lender and Borrower; 's'ubject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrowers interest in tho?roperty to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender' and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrowers consent and without releasing that Borrower or modifying this Mortgage as to that Borrowers interest in the Property. . 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender=s address stated herein or to such other address 'as Lender may designate by notice to Borrower-as provided herein. Any notice provided for in this Mortgage'stiall be deemed to'have been given to Borrower or Lender whengiven in the manner designated herein. 13. Governing'Law; Severability.'The state and focal l'a'ws applicable to this Mortgage shall be the laws of the abilit jurisdiction in which the Property is provision or ecliuseoof gth snMortgagelornthe Note coni lcfsca th appl ablerlaw8such this Mortgage: In the evtnt that any conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. BOOK1392PAGE 620 Oa1LrtQ4> `:; 1111yI{?nl{aII? I{il{{[['ill{Ilu?{III1'J i?!I{{@II?On?{{'?{UIII{?II PAD012a3 11•t!•95 Morrpap, PA -4- x 15. Rehabilitation Loan Agreement. Borrowet shall fulfill ail of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and'deliver to•Lender, in a form' acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor; materials or services in connection with improvements made to the.Property. 16. Transfer of the Property. If ;Borrower sells or transfers all or. any pact of the Property or 'an interest therein, excluding (a) the creation of a lien' or encumbrance subordinafe'to this 'Mortgage,' (b) a transfer by devise, descent, or by operation of law upon the death of a, joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase' money security interest for household appliances, (e) a transfer to a relative resulting from the death of a,Borrower; (f) a'transfer where the spouse or children of the Borrower become an owner of the,.property, (g)' a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a "transfer: into an infer vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer; of rights of., occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to'. be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. _ If Lender does not agree to such sale or transfer, Lender may declare ,all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises `such option, to acceierate, Lender shall mail Borrower notice of acceleration in accordance with paragraph' 12 hereof, Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered'wjthin which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof, NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except. as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in?this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration`; shall give notice to Borrower as provided in paragraph 12 hereof specifying:11)'the'breach( (2)'the'action'required'to cure such breach; (3) a date, not ' less'than 30 days from,the'date the notice is mailed to-Boi•rower,:by which such breach mu'A'be cured; and (4) that failure to cure such breach on"or before the date.specified in'the notice may result in acceleration of the sums secured by this MortgaSe','foreclosure by *judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right,`to reinstate' after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured,on or -before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to' be immediately due and payable without further demand and may foreclose this Mortgagq by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including;' but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title' reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrowers breach, Borrower shall have the right`to_Fave any: proceedings' begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgme . nt enforcing .'this Mortgage if::(a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note.had no acceleratiop occurred; (b) Bprr&;,9'cOtes all breaches of any other covenants or agreements ofBorrow& `contained, in this Mortgage; (c),.Bt} 3fver'tpa s 91t reasonable expenses incurred by Lender in enforcing 'the covenants and agreements of Borrower, cd}ttaiiied :3 t Mortgage, and in enforcing tender's remedies as provided in 'paragraph'' 17 hereof, including] but'mot 'limn.10 ? ; reasonable attorneys' fees; and (d) Borrower takes such action as.Lendcr'may reasonably requirego; assure tkg,. t'-,A ; of this Mortgage, Lenders interest'in the Property and Borrower's obligation to pay the sums secUt`? this, [vfR t ; shall continue unimpaired. Upon such payment and cure by`B%rower,-this Mortgage and ttiS. hereby shall remain in full force and effect as if no acceleration had occurred: f .19. Assignment. of Rents; Appointment of Receiver 'As i dditional:scopriiy hereunder, Borrow ig ??!Z3y ng85 to Lender the rents of the Property, provided that Borrow ershall; prior Ito, acre tratton under paragraph hereof, in , in abandonment of the Property, have the right to collect and retain such rents is th}y,ttecome due and payable, Upon acceleration under paragraph 7 hereof or abandonmenrof'the Properiy;•ILenderrshall be entitled to have a receiver appointed by a court to enter upon, take possessi6n of'ind manage thePr`opei•ty and to collect the rents of the Property including those past due. All rents collected by the receiver shall be.applied first to payment of the costs of management of the Property and collection of rents, including,* but not limited;to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to •the sums secured by this Mortgage. The receiver shall be liable to account only for those rtn4s'actually received. 800d392fac 621 , I7.77•25 Metta664 PA oaicltxL 11,1111111 1pNIIII111 l_R?iihtiili g1I''u1ia?111sIr?u?d?IImIlliil r. m nnl eglll VIII OP, IIiA II'" PA001774 -5- 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the.Property'under state or Federal law. 22. Interest Rate After, Judgment. Borrower agrees the interest rate payable after a judgment is entered ow the Note or in nn..aatioq of mortgage foreclosure' shall be the rata stated in the Note. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. Wit a--&A SCOTT A MATTHEWS Borrower -°?-- BERLY AT EWS -Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: HOUSEHOLD FINANCE 25 GATEWAY "DRIVF 'ME H'ANICSBURG' PA 17055 On behalf of thgLender. By; MATT. HERMAN Title: BRANCH MANAGER COMMONWEALTH OF PENNSYLVANIA. _ CUMBERLAND Countyss: a Notary Public in and for said county and state, do hereby certify that personally known to me to be the same person(s) whose name(s) are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that they signed and delivered the said instrument as t heir _ free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seas, this 1st ?e day_of . 19 97 . My Commission expires: otary u lie Ills instrument was prepared by: daey 'OUSEHOLD FltttANW CORFORMON t fMay Drive, suits 107 'S GMI 5 0W9, For Lender and Recorder) Return To: Household Finance Corporation 577 Lamont Road Elmhurst, IL 60126 goal.392PAGE 622 MIVII1ih11111d 1911111{1IIIIII1Ii1I0 10, 111 ."°a,:- C ?. ' ,?? .. ..?? . ?.?? ..???? v, r ? ? ., ? ?? i. Jig. ? i ? ? r... ........ark ! ?? ...'? ?? l • ? .{ . 1 { 9.i: ?, ?dr1o. ' ? ? .?r.:` ' ' ..... .. .? .' _ ?? S ILL.' 1I.S.-L.' -C..-... 0..-..'P..*' ILLEGIBLE COPY COPY ILLEGIBLE COPY LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 600 FIRST UNION BUILDING 216 HADDON AVENUE 123 SOUTH BROAD STREET WESTMONT, N3 08108 PHILADELPHIA, PENNSYLVANIA 19109 (609) 858.7080 (215) 790.1010 FAX (609) 858.7020 TERRENCE J. MCCABE FAX (215) 790.1274 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212)575.1010 FAX (212) 575.2537 April 26, 1999 Scott A. Matthews 3703 Enola Road Newville, PA 17241 ACT 91 INFOTICH TAKE ACTION TO SATE YOUR HOME FROM FORECLOSURE THE COMMONWEALTH OF PENNSYLVANIA'S HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notificaciin en v o es d ]BE au derecho a continuar vi vivie iendo en a com a el contenido de esta notificacio o e n e el tr ccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE TO: Scott A. Matthews FROM: Terrence J. McCabe, Esquire RE: "Premises: 45 Mare Road, Carlisle, PA 17013 Account Number: 713303-00-926115 foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read ail of this Notice It contains an explanation o?ycur rights Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting .must occur in the next (301 days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of the Household Realty Corporation representative is as follows: Household Realty Corporation 961 Weigel Drive, P.O. Box 8632 Elmhurst, IL 60126 800-333-5848 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of p_rlncipal and interest. as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,485.20. That sum includes the following: principle and interest. Your mortgage is also in default for the following reasons: N/A. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of'th rdesignated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days o your face-to-face meetin6. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by the Act. It ; x e -mely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose." You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice you cannot be foreclosed upon while you are receiving that assistance. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE RURPOSE OF HIS COMM MICATION IS IQ COL SECT A DEBT_ ND ANY INFORMATION OBTAINED WILL B USED FOR THIS PURPOSE, Very truly yours, l WA TERRENCE J. MCC E TJM/db PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 , Financial Services Unlimited .117 West 3rd Street Waynesboro, Pa 17268 (717) 7,62}285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 600 FIRST UNION BUILDING 216 HADDON AVENUE 123 SOUTH BROAD STREET WESTMONT, NJ 08108 PHILADELPHIA, PENNSYLVANIA 19109 (609) 858.7080 (215) 790.1010 FAX (609) 858.7020 TERRENCE J. MCCABE FAX (215) 790.1274 SUITE $225 500FIFTHAVENUE NEW YORK, NY 10110 (212)575.1010 FAX (212) 575.2537 April 26, 1999 Scott A. Matthews 3703 Enola Road Newville, PA 17241 -NOTICE OF INTENTION TO FORECLOSE: MORT AGE LENDER: Household Realty Corporation ACCOUNT NUMBER: 713303-00-926115 MORTGAGE dated July 1, 1997 and recorded July 9, 1997 in Mortgage Book 1392, page 618 REAL ESTATE: 45 Mare Road, Carlisle, PA 17013 Dear Scott A. Matthews: The MORTGAGE held by Household Realty Corporation (hereinafter we, us or ours) on your property located at 45 Mare Road, Carlisle, PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $297.04 for the months of December 1998 through April 1999, and/or because of this failure to remit. Late charges, and other charges have also accrued to this date in the amount of $0.00. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $1,485.20. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,485.20 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made to Household Realty Corporation 961 Weigel Drive, P.O. Sox 8632 Elmhurst, IL 60126 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Once this matter is referred to me for suit, but you cure the default before I begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if'tIey are over $50.00. Any attorney's fees will be added to whatever you owe, which may also include reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Foreclosure Sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 5 months. A notice of the date of the Sheriff 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 will be by calling the following number: 800-333-5848. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. You 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. (You may have the right to sell or transfer the property subject to the mortgage to a buyer I 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 under the mortgage are satisfied). Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will he restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you -' a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Very truly yours, TERRENCE J. McCAB TJM/db SENT VIA CERTIFIED MAIL NUMBER Z 358 693 563 RETURN RECEIPT REQUESTED i; LAW OFFICES MCCABE, WEISBERG & CONWAY, P.C SUITE 2060 FIRST UNION BUILDING SOITE 600 123 SOUTH BROAD STREET 216 HADDON AVENUE PHILADELPHIA, PENNSYLVANIA 19109 WESTMONT. N108108 (215) 790.1010 (609) 858.7080 TER RENCE J. MCCABE FAX (609) 858-7020 FAX (215) 790.1274 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212)$75.1010 FAX (212) 575.2537 Kimberly D. Matthews 3703 Enola Road Newville, PA 17241 April 26, 1999 ACT 91 NOTICE TAKE ACTION TO SAFE YOUR HOME FROM FORECLOSURE THE COMMONWEALTH OF PENNSYLVANIA'S HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS. If you. need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificacion obtenga una traduccion immedi.atamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programs. llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de Is perdida del derecho a redimir su hipoteca. IMPORTANT: NOTICE OF )WNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE TO: Kimberly D. Matthews FROM: -TexTence J. McCabe, Esquire RE: Premises: 45 Mare Road, Carlisle, PA 17013 Account Number.: 713303-00-926115 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please ad all o his NotiCe. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of. foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting mug occur in h next (30) days. If you attend.a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of the Household Realty Corporation representative is as follows: Household Realty Corporation 961 Weigel Drive, P.O. Box 8632 Elmhurst, IL 60126 800-333-5848 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is bnly necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest. as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,485.20. That sum includes the following: principle and interest. Your mortgage is also in default for the following reasons: N/A. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a-comjpleted Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed DL ...... -- bnA .,4f$,;,, f-1,; rf•tr f7n) Aovc of vnnr fans-Yn-faces mPPtinQ. it is extremely important that you file your application promptly. if you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by the Act. and comolete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 7B0-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose." You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice you cannot be foreclosed upon while you are receiving that assistance. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. THE PURPOSE OF THIS QMKUNICATIM IS TO COLLECT a DEBT AM ANY INFORMATION OBTAINED WILL nE USED FOR THUS URRDBF Very truly yours, Jvu?? d - mTERRENCE J. McCABE TJM/db PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3Yd Street Waynesboro, Pa 17268 (717) 7,62--32.85 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle` 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948, LAW OFFICES MCCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET PHILADELPHIA, PENNSYLVANIA 19109 (215) 790.1010 TERRENCE J. MCCABE Kimberly D. Matthews 3703 Enola Road Newvil.le, PA 17241 FAX (215) 790.1274 April 26, 1999 LENDER: Household Realty Corporation ACCOUNT NUMBER: 713303-00-926115 SUITE 600 216 HADDON AVENUE WEST MONT. NJ 08108 (609) 858.7080 FAX (609) 858.7020 SUITE 5225 500 FIFTH AVENUE NEW YORK,Ny 10110 (212)575.1010 FAX (212) 575.2537 MORTGAGE dated July 1, 1997 and recorded July 9, Mortgage Book 1392, page 618 1997 in REAL ESTATE: 45 Mare Road, Carlisle, PA 17013 Dear Kimberly D. Matthews: The MORTGAGE held by Household Realty Corporation (hereinafter we, us or ours) on your property located at 45 Mare Road, Carlisle, PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $297.04 for the months of December 1998 through April 1999, and/or because of this failure to remit. Late charges, and other charges have also accrued to this date in the amount of $0.00. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $1,485.20. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,485.20 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made to Household Realty Corporation 961 Weigel Drive, P.O. Box 8632 Elmhurst, IL 60126 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Once this matter is referred to me for suit, but you cure the default before I begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if`ehey are over $50.00. Any attorney's fees will be added to whatever you owe, which may also include reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Foreclosure Sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 5 months. A notice of the date of the Sheriff 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 will be by calling the following number: 800-333-5848. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. You 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. (You may have the right to sell or transfer the property subject to the mortgage 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 under the mortgage are satisfied). Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy'o£'such judgment or verification. You are also advised that any information which you supply to this office may be used by i. us in the collection of the debt. If you request this office in !. writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original L creditor. i THE PURPOSE OF THIS COMMUNICATION TG r0 COL•L?CT A DEBT AND ANY i TTSSi-i?Pfi:ATTON OBTAIh'?•D WILL BE USED _.Fn? THIS PURPOSE. I. Very truly yours, " 4. TERRENCE J. Mc E TJM/db SENT VIA CERTIFIED MAIL NUMBER Z 358 693 564 RETURN RECEIPT REQUESTED TERRENCE J. McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 600 FIRST UNION BUILDING 216 HADDON AVENUE 123 SOUTH BROAD STREET WESTMONT, NJ 08108 PHILADELPHIA, PENNSYLVANIA 19109 (609) 858.7080 (215) 790.1010 FAX (609) 858.7020 FAX (215) 790.1274 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212)575.1010 FAX (212) 575.2537 April 26, 1999 Occupant(s) 45 Mare Road Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR BIOME FROM FORECLOSURE THE COMMONWEALTH OF PENNSYLVANIA'S HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificacion obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible Para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE TO: Occupant(s) FROM: 'T€Yfence J. McCabe, Esquire RE: Premises: 45 Mare Road, Carlisle, PA 17013 Account Number: 713303-00-926115 for i ree on your mortgage if you comply with the provisions of the HomeownersI Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of h;A Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of the Household Realty Corporation representative is as follows: Household Realty Corporation 961 Weigel Drive, P.O. Box 8632 Elmhurst, IL 60126 800-333-5848 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of papal and interest. as required; for a period of at least sixty (60) days. The total amount of the delinquency is $1,485.20. That sum includes the following: principle and interest. Your mortgage is also in default for the following reasons: N/A. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a-borpleted Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit. counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or .,,,fine 1..A m41-1.{n f-h-0r}-v (7111 Aev, nF vn.,r Fen.-Fn-F.n. m..1 4 , it is extremely important that you file' your application promptly. if you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by. the Act. and complete in every respect The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose." You must read both notices, since they both explain rights that you now have under Pennsylvania law choose to exercise your rights described in this be foreclosed upon while you are receiving that However, if you notice you cannot assistance. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Very truly yours, TERRENCE J. MCCABE TJM/db PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717),541-1757 Financial. Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762_3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE. 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET PHILADELPHIA, PENNSYLVANIA 19109 (215)790.1010 TERRENCE J. McCABE FAX (215) 790.1274 April 26, 1999 Occupant(s) 45 Mare Road Carlisle, PA 17013 _, - -• NOTICE OF INTENTION TO FORECLOSE MORTGAGE PLEASE READ ALL OF THIS NOTICE SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 (609) 858.7080 FAX (609) 858.7020 SUITE 5225 500 FIFTH AVENUE NEW.YORK, NY 10110 (212) 575-1010 FAX (212) 575.2537 LENDER: Household Realty Corporation ACCOUNT NUMBER: 713303-00-926115 MORTGAGE dated July 1, 1997 and recorded July 9,`1997 in Mortgage Book 1392, page 618 REAL ESTATE: 45 Mare Road, Carlisle, PA 17013 Dear Occupant(s): The MORTGAGE held by Household Realty Corporation (hereinafter we, us or ours) on your property located at 45 Mare Road, Carlisle, PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $297.04 for the months of December 1998 through April 1999, and/or because of this failure to remit. Late charges, and other charges have also accrued to this date in the amount of $0.00. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $1,485.20. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,485.20 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made to Household Realty Corporation 961 Weigel Drive, P,O. Box 8632 Elmhurst, IL 60126 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Once this matter is referred to me for suit, but you cure the default before I begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if`thLry are over $50.00. Any attorney's fees will be added to { whatever you owe, which may also include reasonable costs. If you 1 cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Foreclosure Sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 5 months. A notice of the date of the Sheriff 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 will be by calling the following number: 800-333-5848. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. You 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. (You may have the right to sell or transfer the property subject to the mortgage 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 under the mortgage are satisfied). Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office wll: obtain verification of the debt or obtain a copy of judgment and mail you a copy'of-such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. INFO?LMATTON ODTAT?D pTTT T DR TiSFD H"(1A TpTe ? O . Very truly yours TERRENCE J. McCABE ?l TJM/db SENT VIA CERTIFIED MAIL NUMBER Z 358 693 530 RETURN RECEIPT REQUESTED + Z 358 693 564 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. SPadel Oalhiary Fee Residded Delivery Fee Rehm Retelol ShnWnn rn + Z 358 693 563 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Mail (SOO re Postage CeAged Fee Spatial fee Pee on?Mded Delivery Fee TOTALPostege 8 Fees Co TOTAL Postage 6 Fees Postmerkor Date tl o. N v e a Z o? n co e9 lL + Z 358 693 530 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use ter Intomeennnt ee,.e ro.... Sent to Street 6 Number Post Office, State, & LP Code Postage Certified Fee SPedal DeMry Fee Restdded Delivery Fee Retum Receipt Showingto . Wh m 6 Data Delivered Regan A9cW 9nwg to Wf wn, Date. B Aftameal Addran TOTAL Postage 8 Fees $ Postrnark I One o+ c-? ' C1 T ... T,Z) j U a? Y? r'C1 vJ y P ( v SHERIFF'S RETURN - NOT FOUND i CASE NO: 1999-03348 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS. MATTHEWS SCOTT 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: MATTHEWS SCOTT A but was unable to locate Him in his bailiwick. He therefore returns the NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE NOT FOUND , as to the within named defendant MATTHEWS SCOTT A DEFT. NO LONGER RESIDES AT ADDRESS STATED PAPER EXPIRED, PRIOR TO ADDL INSRUCTIONS FROM ATT. Sheriff's Costs: So answers: Docketing 6.00 Service 7.44 NOT FOUND .00 Surcharge 8.00 mas Kline, $767-4-q 0CQABE 9WEISBERG & CONWAY Sworn and subscribed to before me this day of 199q A. D. d SHERIFF'S RETURN - REGULAR CASE NO: 1999-03348 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS. MATTHEWS SCOTT A ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon DOUGHERTY DALE the defendant, at 16:10 HOURS, on the 18th day of. June 1999 at 45 MARE ROAD CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to DALE DOUGHERTY (ADULT TERRE/TENNANT) a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answe Docketing 6.00 Service 4.34 Affidavit .00 Surcharge 8.00 A?'I1Tbrr?d?-RTiiTS?iL?3i 0C BABE, & CONWAY by UepXplty (n 11ULILL Sworn and subscribed to before me this day of 19g_ A. D. ??????? i SHERIFF'S RETURN - REGULAR CASE NO: 1999-03348 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS. MATTHEWS SCOTT A ET AL JODY SMITH Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon MATTHEWS KIMBERLY D the defendant, at 14:10 HOURS, on the 25th day of June 1999 at CUMBERLAND CO. SHERIFF'S DEPT. 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to KIMBERLY D. MATTHEWS a true.and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service .00 ?i/?'? f 2 Affidavit i Surcharge 8.00 omas ine, ri - 7/08/?9WEISBERG & C?ONWAY by . (! pu y Sre i Sworn and subscribed to before me this - day of 19 q9 A. D. ?'? ??-PP3??i?ary• MCCASE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation 961 Weigel Drive Elmhurst, IL 60126 V. Scott A. Matthews 3703 Enola Road Newville, PA 17241 and Kimberly D. Matthews 3703 Enola Road Newville, PA 17241 Attorney for Plaintiff Cumberland County Court Of Common Pleas 3' q ?c}L ?. Number You have been alai i against the claims n court. If you wish to defend Pages, , You must ecks set forth in the following take action within twenty (20) days after enteringhia Wriitttenn a and notice are served, by attorney and filing inppearance personalty or defenses or objectionsw totthe With the court your against you, You are claims set forth so the case ma warned that if you fail to do May be entered proceed without you and a judgment further notice against you by the court without complaint or for any money claimed in the for any other claim or relief requested by the plaintiff. You may lose money or property or other rights fnportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar 2Liberty Avenue Carlisle, PA 17013 (717 2 Association 69.3166 TPA* In TBrmr NOTICE CIVIL ACTION/MORTGAGE Er,R rY SIZOVISO Le hen demandado a usted en la Corte, 6f,puaslea on qufere drfenderse de eater demandae es dies de plain usted tas paginas siguientea, ueted tiene vefnte (20) le not ifieaei partfr de la fecho de la demands y on. Noce }alto esantsr uns escrfta enefo?rsona o con un sbogado y sus obJecfones a nma escrito sus defenses o (Os demandas an contra do all Persona. Sea avfsado qua sl usted no so de(Iende, to Corte tomara medfdas y puedo conttnusr 1. demands an contra Syou sin prevfo ov(so 0 notification. Ademas, is Corte Puede dacldlr a favor del demandante Yrequiere quo usted cumpio con todas las provisions de cotdommds. Usted puede Perder dlnero o sus propfedadso u derechos importantes Para usted. minas LLEVE ESTA DEMANDA A UN ADOGADO 1114EDIATAMENTE, St NO TIENL" ADOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DF PAGAR TAL SERVICO, VAYA EN PERSONA O LLAMF POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ADA10 PARA AVERIGUAR DONDE SE PUI.DF CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 COPY FAnn (717) 249.3166 . I here u? of somy4w ? calif*' t Z Y MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation 961 Weigel Drive Elmhurst, IL 60126 V. Scott A. Matthews 3703 Enola Road Newville, PA 17241 and Kimberly D. Matthews 3703 Enola Road Newville, PA 17241 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MOR A E FORFCrOSLME 1. Plaintiff is Household Realty Corporation, a corporation duly organized under the laws of Delaware and doing business at the above captioned address. 2. The Defendant is Scott A. Matthews, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 3703 Enola Road, Newville, PA 17241. 3. The Defendant is Kimberly D. Matthews, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 3703 Enola Road, Newville, PA 17241. 4. On July 1, 1997, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the office of the Recorder of Cumberland County in Mortgage Book 1392, Page 618. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 45 Mare Road, Carlisle, PA 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due December, 1998 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. 7. The following amounts are due on the mortgage: Principal Balance $24,542.93 Interest 12/98 through 4/7/99 $ 2,881.43 (Plus $9.58 per diem thereafter) Attorney's Fee $ 1,500.00 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search It onn nn GRAND TOTAL $29,474.36 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 have been sent to Defendants by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit 11B.11 WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $29,474.36, together with interest at the rate of $9.58 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff The undersigned, Richard F. Brasch, hereby certifies that he is the Foreclosure Specialist of the Plaintiff in the within action, Household Realty Corporation, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of'his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. 94904 relating to unsworn falsification to - authorities. RICHARD F. BRASCH i:m5?laanm? - _ .__ ? 7f'3303 ? MORTGAGE Q IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES THIS MORTGAGE is made this 1ST day of JULY 19 97 between the Mortgagor, SCOTT A MATTHEWS ' " ' ' ' . :/.4! 9l' -m'-'. , _ lnorcm nurrowcr /, anu ivtorlgagcc..nuubtnULU. I1tAL I Y GURPURAT•I ON"'""" a corporation organized acid existing under the laws o DELAWARE whose address is 26 GATEWAY DRIVE, SUITE 107, MECHANICSBURG'. PA 17055 The following paragraph preceded by a checked box is applicable. (X WHEREAS, Borrower is indebted to Lender in the principal sum of $ 24 ; 864.92 evr r enced by Borrower's Loan Repayment and Security Agreement, or Secondary Mortgage Loan greement ated JULY 1, 1997 and any extensions or renewals thereof (herein "Note"), providing for monthly installments of principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on JULY t , 2027 ; Q WHEREAS; Borrower is indebted to Lender in the principal sum of $ or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly installments, an interest at the rate an under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ ; TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all, other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and'(A) the performance of.the covenants and agreements of Borrower herein contained,'Borrower does hereby mortgage, grant and convey to Lender and L; nder"s successors- and- assigns the following'described property located in the County of CUMBERL'ANO:.o': Corrimonwealth of Pennsylvania:,. ALI thet certain property situated In the township of LoWe'r" Frankford in the county of Cumberland and Commonwealth of Pennsylvania, being described Is follows: containing 16.682 acres more or lass. Being more fully described In a fee simple doed dated 08/2311993 and recorded 06123/1993, among the land records of the county and 'state set forth above, In Volume 138 Page 1133, EXHMIT 'q^ w - C r'r q n , O :A 'o Iv CJ ' H m rr' ild392fat 618 'N rrj n i I 11.22.95 MMOIao PA ORIGIML ?; : - =jil?lltilBlllNpllnlllil?alll!l?l?'aNiI IHIIBVII IG??II'(tI q?li?Ill?p 'A0012: TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; And all of the foregoing, together with said property (or the. leasehold estate if this Mortgage is on a )easehold) ate hereinafter referred to as the'"Property," ' Borrower covenants that Borrower is lawfully seised 'of the estate hereby conveyed and has the right to' mortgage, grant. and convey the Property, and that the,property is unencumbered,. except Poi, encumbrances of.'tecord,',Borrower covenanfs.that'Borrower warrants pnd will defend"generally thc,tltle'to the ProPertY against ell' claims and demands, sublecClo •'egcumbrances •of record UNIFORM COVENANTS. Borrower and'.Lender covenant and agree as follows: 1. Payment of Principal and Interesfat Variable Rates. This mortgage secures all payments of principal and interest due on a variable rate loin. The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay; when due all amounts required by the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal 'and interest are payable under. the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfih of the yearly taxe's and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus 'one-twelfth of yearly premium instiltmentHor ri16rtgage insurance; if-any;,+all as•reasonably'tstimated initially,and.from time to time.. by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent 'that Borrower makes such paynents to the holder of a prior mortgage or deed of trust if such holder is an•institutiorial lender,:' If Borrower pays Funds to Lender, the Funds shall be held in an institution.the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents Lender may not charge for so holding and applying the Funds, 'analyzing said.account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on,the Funds and applicable liiv;permits Lender to make such a charge. Borrower and Lender, may agree in. writing at the timg, of execution of this: Mortgage That, interest on the Funds shall'bo'paid to Borrowed.and unless such agreement is made or applicable law`requires'such interest to be paid,: Lender shall not.be required,to.pay. Borrower any, interest o :;earnings on. the Funds. Lender.'shall give to Borrower, without. charge, ' annual.accounting.of the'Funds showing credits and debits to`the Funds 'ahd the, purpose for which each debit'to the Funds was made, The Funds are pledged as:additional security for the sui A'secured by" this Mortgage: ' 'If the amount of the Funds held: by Undor, tog'eth'er with the future monthly' installments of Funds 'payable prior to the due dates 'of taxes,'assessmenti, insurance premiums and ground rents; shall exceed the amount required to pay said ' taxes, assessments, insurance premiums at)d• ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to. Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premium's and ground rents as they fall due, Borrower shall pay to Lender any amount necessary .tomake up,the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Nfortgagy, Lender shall promptly refund to Borrower any funds .,held, by, Legder..If under ara raph 17 hereof the Pro rt ts:.sold.or tbc,Pro_ r is otherwise a uired by Lender, nLender shall apply, no later than iinlnediately prior to he sale of the Property or its acquisition 'y GiTc er, any I:unds , held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and,2 hereof shall be applied by Lender first in payment of, amounts payable to Lender by- Borrower under paragraph:.2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Charges-, Liens. Borrower.shall perform all of Borrower's obligations under any mortgage,.deed of trust or other security agreement with alien which has priority over this Mortgage, including Borrower's. covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges; fines'and impositions attributable to the Property which may attain 'a priority'over this 'Mortjgage, and,leasehold payments or.ground ients,,if any. . 5. Hazard Insurance: Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included' within the term ".extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such'approval shall not be unreasona?ily withheld: All insurance policies and renewals thereof shall be in a form acceptable io Lender and shall inclustandard roSoitgage clause is favor of and in a form acceptable to Lender. Lender shall have the right to hold 'the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. y pgoKn1392fAGE W 11-22-a5 Mor10e0e PA OHIGINRL' -' IHIIIIIIIflINNIIIIIn?Il IIIIiIII!ni na fl ill lull mll no ill lna 111111ll dY loll' - 1^001272 In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by'Lender to Borrower that the insurance caicrier'offers to'seitle a claim for insurance benefit s,.Lehder is authorized to collect and apply, the insurance proceeds at Lender's.,option either'to resforation'dr;repair" of the Property or to the sums, secured, by this Mortgage. . 6 1?reservattoa'"and Ma'intenance' ofPioperty; Leasehojds;' Condominiums; Planned Unit Developments, Borr'ower shall keep'the property' in good 'rep'air and'6ali not commit wagte or peimit impalrment'or'deterioration of the Property and shall comply with the, provisions of any lease if this Mortgage is,on;9 leasehold. if this Mortgage is on a unit in a condominium or a.planned unitdevelopment, Borrower shall perform 'all of Borrower's obligations under the declaration or covenants creating or governing the condominium or'planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent'documents. 7. Protection of Lender's Security: If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender Pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower. secured by this Mortgage. Unless Borrower, and, Lender agree to, other terms of `¢ayrrient;'sucli'amounts shall'be'payable 'upon notice from Lender to Borrower requesting payment thereof, Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower. Not Itelease'd; Forbearance By Lender' Not' a Waivei.'Extension of the time for payment or ro6dification,.of amortization of the suri}'s secured by; this Mortgage granted by Lender to'eny;successor in interest of original. Borrower and ?orrower's`spccessors Borrower shall not operate to release; in any ma nn . . er, the''liabiltty'bf the . in'intere5t.`Lendet sha11 not be required'to cotnrnenbe'proceedings against such. successor'or'refuse'to extend time for „payment or otSbr}vise modify:amortlzation of the sums secured -this Mortgage.bpaeason of any demand made by the origirik'N rowel and Borrower's successors in'interest,'Any forbearance by Lender in exercising any right or remedy hereunder,'or otherwise afforded by applicable law,'shall not be . a waiver of or preclude the exercise of'sny such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower; 'subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the,-Property to Lender under the terms of'this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c)'agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrowers interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certi lied mail to Lenders address stated herein or to such other address 'as Lender may designate by notice to Borrower-as provided herein. Any notice provided for in this Mortgagoshall be deemed to'have been giveh to Borrower or Lender when giveh in the mariner designated herein. 13. Governing'laiv; Severability. The state and local 1'aivs'applicableto: this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing'sentence shall'not'limif ihe'applidability'of'Federal law to this Mortgage: In the event'that any provision or clause of this Mprtgage or the, Note'conflicts ''with applicable law, such conflict shall not affect other' provisions of this Mortgage or the Note which can be given'effeci without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," `"expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein, 14. Borrower's Copy.' Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation}}hereof. 1 7t 'af Boox1I3I{9p?I,`ZPAG!a!a'rE'r HE 61r''2'0Ny Big rfl,???? ?I IV pI 11.22.25 Mon2n2s PA efl?rifl4t a:i?`: C, •.•. ?lllll0???pl IPiIiI?II1'I1IIII1.IIIIilI 11,14 la WI1 WIIIl llI111W IIW lIIGI1O11I PA001'213 I Jill i 77 -4- . z 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or oilier loan agreement which Borrower enters into with Lender. Lender, at Lenders option, may require Borrower, to execute ahd'deliver to1endet,'in:a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor; materials or services in connection with improvements made to the Property. 16. Transfer of the Property,.If ;Borrower, :sells. or transfers 'sli or, any par( of the Property or 'an interest therein, excluding (a) the creation of .a lien or. ancum I branco subordinafe''to this'Mortgage,' (b) a transfer by devise, descent, or by operation of law upon the death of a, joint tenant,' c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase; money security interest for household appliances, (e) a transfer to a relative resulting from the death of a.Boirower; (f)'a'transfer where the spouse or children of the Borrower become an owner of the„property, (g)' a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or fr„o'm an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a Transfer"into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer. of rights 'y(occupancy in the property, or (i) any other transfer or disposition described .in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Leader to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to: be obligated underthe Noig`and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, tender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender ajxercises`such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph' 12 hereof, Such noiicq shall provide a period of not less than 30 days from the date the notice is mailed or delivered'within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period,, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. ' NONUNIFORM COVENANTS. Borroryer and Lender further covenant. and agree as follows: 17. Acceleration; Remedies. Except: `as provided in paragraph 16. hereof,, upon Borrower's breach of any covenant or agreement of Borrower in-;this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Leader prior to acceleratio'; shall give notice to Borrower as provided in paragraph 12 hereof'specifying:"(1)'the'breachi (2)•the,action, required, to cure such-breach; •(3) a date, not less-than 30 days from. the date the notice is mailed to •Boirower,,.,by which such breach niost'be cured; and (4) that failure to cure such breach.on'br before `the date specified: in'tlie notice-may'result in acceleration of the sums secured by this Mortgage','foreclosure by'judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to rein'state' after acceleration and the right to assert in the foreclosure proceeding the nonexistence, of a default or any other defense'.of Borrower to acceleration and foreclosure. If the breach is not cured;on or -before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to' be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, iacluding,'but not•.1tirtited to, reasonable attorneys' fees and costs of documentary evidence, abstracts, and title reports.'. 18. Borrowers Right to Reinstate. Ntwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall hive fho right"to K'ave'anl'. proceedings 'begun by Under to'enforce this'Mortgage discontinued at any time prior to entry of i judgment' enforcing this Mortgage if:,(a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note.had no acceleration occurred; (b) Bprroiv'cr'ie rrs all breaches of any other covenants or agreements of .;B orrower`containcri. in this Mortgage; (c)•r?ot*',ArVQ& s ttJf. reasonable' expenses incurred by Lender irj•enforcingthe covenants and 'agreements of Borrotvcr;cd?taziie"dr;SB;tfy Mortgage, and in enforcing Lender's remedies as provided in-?paragraph'! 17 hereof, including b'ut xiot '"i itg tq„ reasonable attorneys' fees; and (d) Borrower takes such' action as;Lender `may reasonably require to; azure tot th"69'- of this Mortgage, Lenders interest'in the Property and Borrower's obligation to pay the sums sec ii Ws,,Jvf rtga$g't?; shall continue unimpaired. Upon such payment and 'cure by'139mower.,-this Mortgage and thF? bYttl+f lir' hereby shall remain in full force and effect as it no acceleratioq•hid occurred: • • • •,!?y , ?,, .19. Assignment.of Rents; Appointment of Receiver.'As'edditional.secpritx.hereunder, Borro;,`191 y,aasigns to Lender the rents of the Property, provided that Borrowcr,shsa; prior,to,accdreration under paragraph hereof, in abandonment of the Property, have the righi'to collect and retain such rents is they.gecome due and payable. Upon acceleration under paragraph 7' hereof or abandonment of'the PropeYty;•,LEnder shell be entitled to have a receiver appointed by a court to enter upon, take possession of'ind manage the-Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including;. but not :limited; to, receiver's fees, premiums on receivers bonds and reasonable attorneys 'foes, and then to'ihe sumo' secured by .tfiis Mortgage. The receiver shall be liable to account only for those Mn4 'nctvally7eceivcd. 9oOKfMuq 62f ii•a•n a+ena.a• PA °"'a'""t IDIDI IIINIIIII 111111111111111111111#11 111LI 81N 9 IlaNi11111 IN 11111111 PA00 234 e .. -5- 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead., Borrower hereby waives all right of homestead exemption in the;Property'under state or Federal law. " . .. I , 22. Interest Rate After, Judgment. Borrower, agrees the interest rate payable after a judgment is entered on: the Note,QC in an, actiorx of mortgage' foreclosure shall be the rate, stated in%the; Note. REQUEST FOR NOTICE OF DEFAULT AND 'FORECLOSURE UNDER SUPERIOR MOR'T'GAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage, Wit dam Xh SCOTT A MAT THEWS -Borrower ,11BERLY AT 1 EWS -Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: HOUSEHOLD • FINANCE ee eerawaV"hn TVE..-MECHANTCSSURG' PA 47055 11++? •. On•behalf;of the•Lender By; MATT, HEHMA.N •• •?• •• COMMONWEALTH OFvPENNSYLVANIA,-_-GJ1MBhRLANO County ss: I ; a Notary Public in and for said county and state; do hereby certify that SC T d e subscribed to the foregoing instrument, personally known to me to be the same person(s) whose name(s) Y_ appeared before me this day in pee nor and acknowledge that free voluntary act, for theme uand ses and purposes herein set forth. - ,19 97 Given under my hand and official seal, this 7 st da of /e f My Commission expires: otary u l+c his instrument was prepared by: (Na -TOLD FINAMM CORP. ORAMON ivay Drive, Stubs 107' Recorder) nance Corporation toad 60126 g00Ki?4+iZPAGE 622 ?f1??0?11?1111??ilVIll?fi?Q? rwoo+t: ? .. .d.a.r•. : •r.. `I? . •p • ~ 4 ? .. :' i ? M •r .R. .. . . . ? . TERRENCEI.MCCABE LAW OFFICES McCABE, WEISBERG & CONWAY P.C , . SUITE 2080 FIRST UNION BUILDING SUITE 600 123 SOUTH BROAD STREET 216 HADDON AVENUE WESTMONT NJ 08108 PHILADELPHIA, PENNSYLVANIA 19109 , (609) 858-7080 (215) 790-1010 FAX (609) 858.7020 FAX (215) 790.1274 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212)575.1010 FAX(212)575-2537 April 26, 1999 Scott A. Matthews 3703 Enola Road Newville, PA 17241 ACT 91 NOTICE TAKE ACTION TO SANE YOUR ROME FROM FORECLOSURE THE COMMONWEALTH OF PENNSYLVANIA'S HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS, If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notificacion en adjunto es d ##9cta su derecho a continuar viviendo en IT s i compile el contenido de esta notificacio - o e tr cciori immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser eiegible para un prestamo por el programs llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perd.ida del derecho a redi.mir su hipoteca. IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE TO: Scott A. Matthews FROM: Terrence J. McCabe, Esquire RE: -?2VMises: 45 Mare Road, Carlisle, PA 17013 Account Number: 713303-00-926115 forfor cInn+r„Q on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please ad all of this Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting m+s occur in h next- ('30) days If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of the Household Realty Corporation representative is as follows: Household Realty Corporation 961 Weigel Drive, P.O. Box 8632 Elmhurst, IL 60126 800-333-5848 The names and addresses - of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. ?I Promptly u allme inst rllments s ,n a fa:lr because you have failed to pay of principal and ,n_ r s as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,485.20. That sum includes the following: principle and interest. NIA. mortgage is also in default for the following reasons; If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of-thw-.designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Aaennv. vn„r ____. _._ It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by the Act. and comnlPt7 in YPr rP?nP ----Y The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose. 11 You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice you cannot be foreclosed upon while you are receiving that assistance. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also, advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Very truly yours, TER.RENCE J. MCC E TJM/db PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited .117 West 3rd Street Waynesboro, Pa 17268 (717) 7,623285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717), 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 TERRENCE J. McCABE LAW OFFICES MCCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING SOITE 600 123 SOUTH BROAD STREET 216 HADDON AVENUE WESTMONT NJ 08108 TM NT PHILADELPHIA., PENNSYLVANIA 19109 , ( 80 (215) 790.1010 FAX (609) 858.7020 FAX (215) 790.1274 SUITE $225 500 FIFTH AVENUE ' NEW YORK, NY 10110 (212)575.1010 FAX (212) 575.2537 April 26, 1999 Scott A. Matthews 3703 Enola Road Newville, PA 17241 • ' -•• - • •?• 'NOTICE OF TNTENTTOh* TO FOR rr ncr *•ORTGAC? PLEASE R n A OF ura 7snmrr? LENDER: Household Realty Corporation ACCOUNT NUMBER: 713303-00-926115 MORTGAGE dated July 1, 1997 and recorded July 9, 1997 in Mortgage Book 1392, page 618 REAL ESTATE: 45 Mare Road, Carlisle, PA 17013 Dear Scott A. Matthews: The MORTGAGE held by Household Realty Corporation (hereinafter we, us or ours) on your property located at 45 Mare Road, Carlisle, PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $297.04 for the months of December 1998 through April 1999, and/or because of this failure to remit. Late charges, and other charges have also accrued to this date in the amount of $0.00. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $1,485.20. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,485.20 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made to Household Realty Corporation 961 Weigel Drive, P.O. Box 8632 Elmhurst, IL 60126 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Once this matter is referred to me for suit, but you cure the default before I begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if'trey'are over $50.00. Any attorney's fees will be added to whatever you owe, which may also include reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Foreclosure Sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs Sale could be held would be approximately 5 months. A notice of the date of the Sheriff 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 will be by calling the following number: 800-333-5848. This payment must be in cash, cashiers check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. You 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. (You may have the right to sell or transfer the property subject to the mortgage to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney Ia fees and coats are paid prior to or at'the sale, and that the other requirements under the mortgage are satisfied). Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will.he restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy'oE -such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Very truly yours, Jwtuw V)O Ov TERRENCE J. MCCAB TJM/db SENT VIA CERTIFIED MAIL NUMBER Z 358 693 563 RETURN RECEIPT REQUESTED LAW OFFICES MCCABE, WEISBERG & CONWAY P.C , . SUITE 2080 FIRST UNION BUILDING SOITE 600 ITE 123 SOUTH BROAD STREET 216 HAD AVENUE PHILADELPHIA, PENNSYLVANIA 19109 WESTMONT, NJ 08108 (215)790.1010 (609)858.7080 TER RENCE J. MaCABE FAX (609) 858.7020 FAX (215) 790.1274 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212) 575.1010 FAX (212) 575.2337 April 26, 1999 Kimberly D. Matthews 3703 Enola Road Newville, PA 17241 ACT 91 NOTICE TAKE ACTION TO SAFE YOUR HOME FROM FORECLOSURE THE COMMONWEALTH OF PENNSYLVANIA'S HOMEO'WNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notification en adjunto es de sums. 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 mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su 1,4 1 ipo eca. IMPORTANT; NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE TO: Kimberly D. Matthews FROM: -Tex-rence J. McCabe, Esquire RE: Premises: 45 Mare Road, Carlisle, PA 17013 Account Number: 713303700-926115 fo+ ios+' on your mortgage if you comply with the provisions of the Homeowners, Emergency Mortgage Assistance Act Of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency, please rA?a •_ „ _t Not;ce rr ?___ r;+;a 21anatir)n of Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face,, meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise se dayal ttle your delinquency. Ilia- mee ;na mu-4- ocn,r the next (-40) If you attend.a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of the Household Realty Corporation representative is as follows: Household Realty Corporation 961 Weigel Drive, P.O. BOX 8632 Elmhurst, IL 60126 800-333-5848 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. tour mortgage ?a ,n defau because you have failed to pay promptly installments of principal and interest. as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,485.20. That sum includes the following: principle and interest. N/A. mortgage is also in default for the following reasons: If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a'bol>lpleted Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist- you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Aaencv. Your annlina}-inn miiof- 'no f;7vA It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by the Act. anc comnie in v y anacr The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose." You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice you cannot be foreclosed upon while you are receiving that assistance. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of t?e debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Very truly yours, TERRENCE J. McCABE TJM/db PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services unlimited 117 West 3rd Street Waynesboro, Pa 17268 w (717) 7.62=32.85 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle` 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 LAW OFFICES McCABE, WEISBERG & CONW^ P.C. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET PHILADELPHIA, PENNSYLVANIA 19109 (215) 790.1010 TERRENCE J. McCABE FAX (215) 790.1274 April 26, 1999 Kimberly D. Matthews 3703 Enola Road Newville, PA 17241 NOTICE OF INTENTION TO FOR LOSE MORT AO PLEASE READ ALL OF THIS NOTTC$ SUITE 600 216HADDON AVENUE W ESTMONT, N108108 (609)858.7080 FAX (609) 858.7020 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212)575.1010 FAX (212) 575.2537 LENDER: Household Realty Corporation ACCOUNT NUMBER: 713303-00-926115 MORTGAGE dated July 1, 1997 and recorded July 9, 1997 in Mortgage Book 1392, page 618 REAL ESTATE: 45 Mare Road, Carlisle, PA 17013 Dear Kimberly D. Matthews: The MORTGAGE held by Household Realty Corporation (hereinafter we, us or ours) on your property located at 45 Mare Road, Carlisle, PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $297.04 for the months of December 1998 through April 1999, and/or because of this failure to remit. Late charges, and other charges have also accrued to this date in the amount of $0.00. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $1,485.20. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,485.20 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made to Household Realty Corporation 961 Weigel Drive, P.O. Box 8632 Elmhurst, IL 60126 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Once this matter is referred to me for suit, but you cure the default before I begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if`ttrey'are over $50.00. Any attorney's fees will be added to whatever you owe, which may also include reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the defaultand prevent the sale at any time up to one hour before the Sheriff's Foreclosure Sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 5 months. A notice of the date of the Sheriff 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 will be by calling the following number: 800-333-5848. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. You 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. (You may have the right cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. to sell or transfer the property subject to the mortgage to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costa are paid prior to or at the sale, and that the other requirements under the mortgage are satisfied). Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity this debt or any portion thereof, this office will assume that the e debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy'OE-such judgment or verification. You are also advised usain he in to this office may be used by ollect onwofctheodeb supply If you rest thn writing within thirty (30) days after receiving this, is this ice ffi will provide you with the name and address of the original creditor. TJM/db SENT VIA CERTIFIED MAIL NUMBER 2 358 693 564 RETURN RECEIPT REQUESTED Very truly yours, TERRENCE J. Mc BE y?e?l LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 600 FIRST UNION BUILDING 216 HADDON AVENUE 123 SOUTH BROAD STREET WESTMONT. NJ 08108 PHILADELPHIA, PENNSYLVANIA 19109 (609) 858.7080 (215) 790.1010 FAX (609) 858.7020 TERRENCE J. MCCABE FAX (2I5) 790-1274 SUITE $225 500 FIFTH AVENUE NEW YORK, NY 10110 (212)575.1010 FAX (212) $75-2537 April 26, 1999 Occupant(s) 45 Mare Road Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE FOUR HOME FROM FORECLOSURE THE COMMONWEALTH OF PENNSYLVANIA'S HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS. If you need more information, call the Pennsylvania Housing Finance Agency at 1-600-342-2397. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificacion obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. IMPORTANTs NOTICE OF ' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE TO: Occupant(s) FROM: 'T€YYence J. McCabe, Esquire RE: Premises: 45 Mare Road, Carlisle, PA 17013 Account Number: 713303-00-926115 yg + may be eligible for financial assistance that will & v n .foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next (30) days, If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of the Household Realty Corporation representative is as follows: Household Realty Corporation 961 Weigel Drive, P.O. Box 8632 Elmhurst, IL 60126 800-333-5848 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,485.20. That sum includes the following: principle and interest. N/A. mortgage is also in default for the following reasons: If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a-tb1f1pleted Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your annli cation m uA be_ filed or It is extremely important that you file,your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by. the Act. and comnle- in every respect The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Sox 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose." You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice you cannot be foreclosed upon while you are receiving that assistance. ' NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Very truly yours, TERRENCE J. McCABE TJM/db PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND CQM= Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, Pa 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, Pa 17268 (717) 762_3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, Pa 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, Pa 17013 (717) 243-3818 FAX # (717) 243-3948 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET PHILADELPHIA, PENNSYLVANIA 19109 (215) 790.1010 TERRENCE J. MXABE FAX (215) 790.1274 April 26, 1999 Occupant(s) 45 Mare Road Carlisle, PA 17013 ---'. NOTICE OF INTENTION TO FOR ' . -0 MORTGAGE SUITE 600 216 HADDON AVENUE WESTMONT, N) 08108 (609) 858.7080 FAX (609) 858.7020 SUITE 5225 500 FIFTH AVENUE NEW YORK, NY 10110 (212) 57S-1010 FAX (212) 575.2537 LENDER: Household Realty Corporation ACCOUNT NUMBER: 713303-00-926115 MORTGAGE dated July 1, 1997 and recorded July 9,'. 1997 in Mortgage Book 1392, page 618 REAL ESTATE: 45 Mare Road, Carlisle, PA 17013 Dear Occupant(s): The MORTGAGE held by Household Realty Corporation (hereinafter we, us or ours) on your property located at 45 Mare Road, Carlisle, PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $297.04 for the months of December 1998 through April 1999, and/or because of, this failure to remit. Late charges, and other charges have also accrued to this date in the amount of $0.00. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $1,485.20. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,485.20 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made to Household Realty Corporation 961 Weigel Drive, P.O. Box 8632 Elmhurst, IL 60126 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Once this matter is referred to me for suit, but you cure the default before I begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if`they•are over $50.00. Any attorney's fees will be added to whatever you owe, which may also include reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Foreclosure Sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's Sale could be held would be approximately 5 months. A notice of the date of the Sheriff 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 will be by calling the following number: 800-333-5848. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. i You should realize that a Sheriff's Sale will end your i ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. You 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. (You may have the right to sell or transfer the property subject to the mortgage to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costa are paid prior to or at the sale, and that the other requirements under the mortgage are satisfied). Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar, year. NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy'of"such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving this, this office will provide you with the name and address of the original creditor. Very truly yours, TERRENCE J. MCCABE TJM/db SENT VIA CERTIFIED MAIL NUMBER Z 358 693 530 RETURN RECEIPT REQUESTED Z 358 693 564 us Postal Service Receipt for Certified Mail No insurance an nM 'r._ _Covcrage Provided. Postage Cmtdled Fee Wsdal Delivery Fee Hestdded De6veryFee TOTAL Pomepe 6 Feel Ti o_ K a + Z 358 693 530 US Postal Service Receipt for Certified Mail No Insurance Covo M . . . rage Provided. .,....__ _ Postage Ceitlged Fee SPedel DNirory Fee %stnded DeUvery Fee Pottage & Fees I $ W CeNged Fee Spedel DalNery Fee n..eGeed Oeiverv Fee Postage & Fees I $ i . I I J i + is Z 358 693 563 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. ce..ovan HOUSEHOLD REALTY CORPORATION, Plaintiff V. SCOTT A. MATTHEWS KIMBERLY D. MATTHEWS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3348 CIVIL TERM ORDER OF COURT AND NOW, this 4Aay of October, 1999, upon consideration of Plaintiff's Petition To Allow Service on the Defendant by Regular Mail, Certified Mail and Posting Pursuant to PA Rule of Civil Procedure 430, Plaintiff is granted leave to serve Defendant Scott A. Matthews by regular mail, addressed to his last known address of 3703 Enola Road, Newville, Pennsylvania 17241; by certified mail, return receipt requested, addressed to his aforesaid last known address; by publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania; and by posting of the Complaint in Mortgage Foreclosure and all subsequent pleadings and the Notice of Sheriffs Sale at the mortgage property of 45 -Maze road, Carlisle, Cumberland County, Pennsylvania 17013. BY THE COURT, 1.. I^. J esley Oler, Ji J . J a1K Terrence J. McCabe, Esq.. First Union Building 123 South Broad, Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff :rc MaCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HOUSEHOLD REALTY CORPORATION V. SCOTT A. MATTHEWS KIMBERLY D. MATTHEWS Icr o 4 tss?\ Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 1999-3348 O R D E R AND NOW, this day of 1999, the Plaintiff is granted leave to serve the Defendant, Scott A. Matthews, by regular mail; by certified mail, return receipt requested; addressed to his last-known address of 3703 Enola Road, Newville, PA 17241; and by posting of the Complaint in Mortgage Foreclosure and all subsequent pleadings and the Notice of Sheriff's Sale at the mortgage property of 45 Mare Road, Carlisle, PA 17013. BY THE COURT: i MCCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. MaCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suito 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff HOUSEHOLD REALTY CORPORATION V. SCOTT A. MATTHEWS KIMBERLY D. MATTHEWS CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 1999-3348 PETITION TO &OW SERVICE ON THE DEFENDANT $Y REGULAR NAIL. CERTIFIED MAIL AND POSTING PURSUANT TO PA RULE OF Ivry PROCEDURE 430 1. Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Scott A. Matthews, on or about July 2, 1999 at 3703 Enola Road, Newville, PA 17241. The Sheriff advised that the Defendant was not found because "he no longer resides at the stated address. A true and correct copy of the Sheriff's Return of Service form indicating the same is attached hereto and marked as Exhibit "A." 2. Plaintiff searched for a forwarding address for Defendant, Scott A. Matthews; the Post Master in Newville, Pennsylvania advised that there is no change of address order on file for the Defendant from the address of 3703 Enola Road, Newville, PA 17241. A true and correct copy of the documentation indicating the same is attached hereto and marked as Exhibit "B." 3. Plaintiff investigated the Defendant's Voter Registration Record, and was advised that the Defendant, Scott A. Matthews, is not registered to vote in Cumberland County. A true and correct copy of the letter dated July 13, 1999 indicating the same is attached hereto and marked Exhibit "C." 4. Plaintiff contacted local directory assistance for a listing for the Defendant, Scott A. Matthews; the Defendant is not listed. 5. If service cannot be made on the Defendant, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Defendant, Scott A. Matthews, by regular mail; certified mail, return receipt requested; addressed to his last-known address of 3703 Enola Road, Newville, PA 17013 and by posting of the Complaint in Mortgage Foreclosure and all subsequent pleadings and the Notice of Sheriff's Sale at the mortgage property with the address of 45 Mare Road, Carlisle, PA 17013. TE RENCE J. MCCABE, ESQUIRE MCCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HOUSEHOLD REALTY CORPORATION Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. SCOTT A. MATTHEWS KIMBERLY D. MATTHEWS NUMBER 1999-3398 MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 930. WHEREFORE, Plaintiff prays this service be made. TERRENCE J. McCABE, ESQUIRE. MCCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HOUSEHOLD REALTY CORPORATION V. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS SCOTT A. MATTHEWS KIMBERLY D. MATTHEWS NUMBER 1999-3346 AFFIDAVIT OF GOOD FAITH INVESTIGATION I, Terrence J. McCabe, Esquire, being the attorney for the Plaintiff do hereby swear and affirm that inquiry with the United States Post Office indicated that there is no change of address order on file for the Defendant, Scott A. Matthews, from the address of 3703 Enola Road, Newville, PA 17241. An investigation of the public records of the Cumberland County Bureau of Elections indicated that the Defendant, Scott A. Matthews, is not registered to vote in Cumberland County. Inquiry with local directory assistance indicated that the Defendant, Scott A. Matthews is not listed. SWORN TO AND SUBSCRIBED BEFORE ME THIS c?7'DAY OF T,1999. --9s&QTARYkU&LWff? 1101'.,'Al SIAL GLORIA D. f.11 +ELI. Nnt PublIC City of Philadelohia. Pod... Cou Commission Expires dune 2. nty 2003 TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff MOCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HOUSEHOLD REALTY CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS V. SCOTT A. MATTHEWS KIMBERLY D. MATTHEWS NUMBER 1999-3348 CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served 'a true and correct copy of the foregoing Motion for Alternative Service Pursuant to Pa.R.C.P. 430, by United States Mail, first class, postage prepaid, on the 23rd day of September, 1999, upon the following: Scott A. Matthews 3703 Enola Road Newville, PA 17241 TERRENCE J. McCABE, ESQUIRE VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. T?ERRENCE J. MCCABE, ESQUIRE SHERIFF'S RETURN - NOT FOUND CASE NO: 19.99-03348 P. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS. MATTHEWS SCOTT 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: MATTHEWS SCOTT A but was unable to locate Him in his bailiwick. Fie therefore returns the NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE NOT FOUND , as to the within named defendant MATTHEWS SCOTT A DEFT. NO LONGER RESIDES AT ADDRESS STATED, PAPER EXPIRED, PRIOR TO ADDL INSRUCTIONS FROM ATT Sheriff's Costs: So answers: Docketing 6.00 Service 7.44 NOT FOUND 5.00 RRR???7TTTFF Surcharge 8.00 $$ ?ine, eri $7674-C MC ABE,9EISBERG & CONWAY Sworn and subscribed to before me this day of 19 A. D. EXHIBN Postmaster Date July 13. 1999 NewU e. PA )7241 City, State, ZIP Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Scott A. Matthews Address: 3703 Enola Road, ewville. PA 17241 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e,g, process server, attorney, party representing himself): Attomey 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or party acting pro se - except a corporation acting pro se must cite statute): N/A 3. The names of all known parties to the litigation: Household Finan Corporation Y. Gifford Kline and Louise rlti..e ./Lh. T ..o;-. V l:-- -. D,..., WA 4. The court in which the case has been or will be heard: Schuylkill County 5. The docket or other identifying number if one has been issued: 5.426.1999 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER. INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO S10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR 809:9 (TITLE 18 U.S.C. SECTION 1001). ._. _...,.._ PLEASE PROVIDE THE CORRECT ADDRESS. FOR THE DEFENDANT. I certify that die above information is true and that the address information is needed and will be used solely for service o Ieea1 process in connection with actual or prospective litigation. /' ? IZ ` First Union Building 123 S Broad Street. Suite 2080 Signature Address Terrence J. McCabe. Esquire Philadelphia. PA 19109 Printed Name City, State, ZIP Code FOR POST OFFICE USE ONLY _X__. No change o X Hslr 1 ' %]IT L$ I1r BOXHOLDER'S POSTMARK Not known at address given. NAME and EETADDRESS S Moved, left no forwarding address. NE No such address. 0 (C i mbeAT 1'YlaAew + C lLen I; fe rc.t *i ct cnres y ?a- . Q ?bZL? Ott k4.L ?e.rLSan 4o L)de;+c kaf he Les not, L.c,t We. hare no 06,17e v LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 600 FIRST UNION BUILDING 216 HADDON AVIT::IE 123 SOUTH BROAD STREET WESTMONT, NJ 08408 PHILADELPHIA, PENNSYLVANIA 19109 FAX(609) 8 -7020 (215) 790-1010 FAX (215) 790.1274 SUITE 1503 TERRENCE J. McCABE 52 VANDERBILT AVENUE NEW YORK, NY 10117 (212)697.0011 FAX(212) 697-0986 July 13, 1999 Bureau of Elections Cumberland County 37 East High Street Carlisle, PA 17013 Dear Sir or Madam: Upon receipt of this letter, I would appreciate your supplying to me any current information, specifically in regard to a current address, from the Voter's Registration Record of the following individual: Name: Scott A. Matthews Last-known address: 3703 Enola Road, Newville, PA 17241 I have enclosed a self-addressed, stamped envelope for your convenience in forwarding this information to my attention. Thank you for your anticipated cooperation in this matter. Very truly yours, TERRENCE J. MCCABE TJM/mh Enclosure SECOND REQUEST, AUGUST 11, 1999 riot Al. c> > >, c-.D > l- MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 HOUSEHOLD REALTY CORPORATION V. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS SCOTT A. MATTHEWS KIMBERLY D. MATTHEWS NUMBER 1999-3398 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. ??2 L `--- TERRENCE J.-McCABE, ESQUIRE Attorney for Plaintiff ZZ r? a LLJO ii. lt,t lt J .lL O a% Q U SHERIFF'S RETURN - REGULAR CASE NO: 1999-03348 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS. MATTHEWS SCOTT A ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MATTHEWS SCOTT A the defendant, at _ 18:16 HOURS, on the 27th day of October 1999 at 45 MARE ROAD CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to POSTED PROPERTY a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing Service 18.00 72 3 C ' low Posting . 6.00 < .. z' Surcharge 8.00 K. I omaii f ie, - SYIurl $35. 72 MCC BE,WEISBERG & CONWAY 11/01/1999 by - pu S i1"eiiF? Sworn and subscribed to before me this - day of 19 99 A.D. p o i no a y McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews and Kimberly D. Matthews NUMBER 1999-3348 ASSESSMENT OF D MA M AM ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $29,474.36 Interest from 4/8/99 thru 3/6/00 S 3,180,56 TOTAL $32,654.92 TERRENCE J M CARE, ESQUIRE AND NOW, this Wk day of 2000, Judgment is entered in favor of Plaintiff, Household Realty Corporation and against Defendants Scott A. Matthews and Kimberly D. Matthews and damages are assessed in the amount of $32,654.92, plus interest and costs. BY THE PROTHONOTARY: 7 LLn UJ C7 C`; 7 F cs `ice . ? C 3 fZZ i O a i u f McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews and Kimberly D. Matthews NUMBER 1999-3348 I Terrence J. McCabe, Esquire, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail letters notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letters in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit "A." SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY 1 OF 2000. i NOTARY PUEIC ? -- OTARIAL SEA ACY A. L RIFF, Noteuy P Cly«Philadoiphi Sv a, PhIla Caun ry Commission &pl,os Oct. 23, 2000 TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary To: Scott A. Matthews 3703 Enola Road Newville, PA 17241 November 22, 1999 Household Realty Corporation CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Scott A. Matthews amd NUMBER 1999-3348 Kimberly D. Matthews NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because personally you have failed to enter a written appearance 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 important lawyer rights at onceYou - If should you do k not other notice to have a w telephone the following office to one, ou t where you can get legal help: NOTIFICACION IMPORTANTE Usted as encuentra en estado de rebeldia par no haber presentado una comparecencia escrita, ya sea personalmente o par abogado y par no haber radicado par escrito con este Tribunal sus defenses u objeciones a los reclamos formulados en contra suyo. Al no tomar la action debida dentro de diez (10) dies de Is fecha de seta notificacion, el Tribunal podra, sin necesidad de comparecer usted en torte u air preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Oebe llevar esta notificacion a un abogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente pars tal servicio vaya en persona o llame par telefono a la oficina, nombrada pars averiguar si puede conseguir asistencia legal. Court Administrator Court Administrator Cumberland County Courthouse Cumberland County Courthouse Carlisle, PA 17013 Carlisle, PA 17013 (117) 240-6200 (717) 240-6200 if you have any questions concerning this notice, please call: Terrence T. McCabe, Esquire MCCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 south Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/tr &T A COURT OF COMMON PLEAS COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary November 22, 1999 To: Scott A. Matthews 45 Mare Road Carliesle, PA 17013 Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews amd Kimberly D. Matthews NUMBER 1999-3348 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: NOTIFICACION Usted se encuentra en estado de rebeldia por no haber presentado una comparecencia escrita, ya sea personalmente o por abogado y por no hater radicado por escrito con este Tribunal aus defenses u objeciones a los reclamos formulados an contra auyo. Al no tomar la action debida dentro de diez (10) dias de la fecha de esta notification, el Tribunal podra, sin necesidad de comparecer usted en torte u oir preuba alguna, dictar sentencia an su contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notification a un abogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire MCCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/tr COURT OF COMMON PLEAS COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary November 22, 1999 To: Kimberly D. Matthews 3703 Enola Road Newville, PA 17241 Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews amd Kimberly D. Matthews NUMBER 1999-3348 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you.. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: NOTIFICACION Usted se encuentra an estado de rebeldia par no hater presentado una comparecencia escrita, ya sea personalmente o par abogado y par no haber radicado par escrito con este Tribunal sus defenses u objeciones a los reclamos formulados an contra suyo. Al no tomar la action debida dentro de diez (10) dies de Is £echa de sate notificacion, el Tribunal podra, sin necesidad de comparecer usted en carte u air preuba alguna, dictar sentencia an su contra y usted podria perder bienea u otros derechos importantes. Debe llevar esta notificacion a un abogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona a flame par telefono a la oficina, nombrada pare averiguar si puede conseguir asistencia legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire MCCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/tr MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews and Kimberly D. Matthews NUMBER 1999-3348 AFFID VIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA The undersigned, being duly sworn according to law, deposes and says that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Scott A. Matthews and Kimberly D. Matthews, are over eighteen°(18) years of age, and reside at 3703 Enola Road, Newville, PA 17241. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF ?.L 2000. 1 NOTARY PU IC- NOTARIAL T9EA TRACY A. RIFF, Public Gry of PhiladolphleCounty _+J Commission Expir29 2000) 'TEPRENCE J CCABE, ESQUIRE Attorney for Plaintiff The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. l TERRENCE J./MCCABE,`ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Scott A. Matthews 3703 Enola Road Newville, PA 17241 Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews and Kimberly D. Matthews NUMBER 1999-3348 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary x- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Scott A. Matthews 45 Mare Road Carliesle, PA 17013 Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews and NUMBER 1999-3348 Kimberly D. Matthews NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary _ Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession if you have any questions concerning this Judgment, please call T Mc?abe Fsauir,Q at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Kimberly D. Matthews 3703 Enola Road Newville, PA 17241 Household Realty Corporation V. Scott A. Matthews and Kimberly D. Matthews CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 1999-3348 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary _1L_ Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence t M Cabe. Esguire at (215) 790-1019, a M g U, I v? L r• if LA ?Z? R IN THE COURT OF amr = PLEAS OF aMBERLAND COUMT, LMOMYLVANIA CIVIL DMSION HOUSEHOLD REALTY CORPORATION File No. 1999-3348 Amount Due $32,654.92 V. Interest 3/7/00 SCOTT A. MATTHEWS and KIMBERLY D. MATTHEWS TO THE PROTHONOTARY OF THE SAID COURT: : Atty's Conm : Costs t1 015 00 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above natter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 45 Mare Road, Carlisle, PA 17013 (See attached description). N/A PRAECIPE FOR ATTACHMEW EXDCMON Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against real estate of the defendant(s) described in the attached exhibit. DATE: 3/6/00 Signature:. Print Name: Terrence J McCabe, Esquire Address: 123 S. Broad Street, Suite 2080 Phila., PA 19109 Attorney for: Plaintiff Telephone: (215) 790-1010 Supreme Court ID No.: 16496 U w ?? Ch O I iii LE C3 o U ALL THAT CERTAIN tract of land in Lower Frankford Township, Cumberland County, Pennsylvania, containing 16.892 acres, being the northern most part of the farm now or formerly of Nelson H. Shugart, and Ruth E. Shugart, his wife, which farm is more particularly located as being in the Northeast comer of Legislative Route No. 21001, known as Traffic Route No. 994 and Township Road No. 492, the tract conveyed being more particularly bounded and described as follows: BEGINNING at an iron pin on a line of land now or formerly of C. C. Leidigh and land now or formerly of Eugene C. Morrison, North 72 degrees 57 minutes 48 seconds East 1029.522 feet to a stone pile; thence South 21 degrees 42 minutes 11 seconds East 495.76 feet to an iron pin and stone pile; thence South 22 degrees 41 minutes 53 seconds East 397.75 feet to an iron pin; thence South 75 degrees 22 minutes 60 seconds West 641.68 feet to an iron pin; thence North 45 degrees 30 minutes 37 seconds West 981.602 feet to the place of beginning. CONTAINING 16.682 acres, more or less. THE ABOVE DESCRIPTION is in accordance with the subdivision plan for Walter E. Morrison, which is herewith recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 30, Page 74. THIS IS A CONVEYANCE made subject to easements, rights of way, and restrictions of record. TOGETHER with the right of ingress, egress, and regress over a twelve foot driveway and subject to the expenses for maintenance's thereof all as more specifically set forth in an easement agreement dated September 27, 1985, and recorded in Miscellaneous Book 310, Page 495. TOGETHER with all the buildings, improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any way appertaining. PARCEL ID #14-04-0381-040 Being known.as 45 Mare Road, Carlisle, PA. Q jil a Ci:':i .cS ;71 CL F i I is i i i, i 10 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews and Kimberly D. Matthews NUMBER 1999-3348 AFFIDAVIT PURSUANT TO RULE 129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 45 Mare Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed. Owner(s): Name Address Scott A. Matthews 3703 Enola Road Kimberly D. Matthews Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address Scott. A. Matthews 3703 Enola Road Kimberly D. Matthews Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name GMAC Mortgage Corp. of PA GMAC Mortgage Corp. of PA Plaintiff herein. Address 8360 Old York Road Elkins Park, PA 19117 1301 Office Center Drive Suite 200 Ft. Washington, PA 19034 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name None. Address 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Occupant(s) Domestic Relations Kimberly D. Matthews Address 4.5 Mare Road Carlisle, PA 17013 Cumberland County P.O. Box 320 Carisle, PA 17015 3703 Enola Road Newville, PA 17241 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE TERRENCE J. McCABE,?ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN tract of land in Lower Frankford Township, Cumberland County, Pennsylvania, containing 16.892 acres, being the northern most part of the farm now or formerly of Nelson H. Shugart, and Ruth E. Shugart; his wife, which farm is more particularly located as being in the Northeast comer of Legislative Route No. 21001, known as Traffic Route No. 994 and Township Road No. 492, the tract conveyed being more particularly bounded and described as follows: BEGINNING at an iron pin on a line of land now or formerly of C. C. Leidigh and land now or formerly of Eugene C. Morrison, North 72 degrees 57 minutes 48 seconds East 1029.522 feet to a stone pile; thence South 21 degrees 42 minutes 11 seconds East 495.76 feet to an iron pin and stone pile; thence South 22 degrees 41 minutes 53 seconds East 397.75 feet to an iron pin; thence South 75 degrees 22 minutes 50 seconds West 641.68 feet to an iron pin; thence North 45 degrees 30 minutes 37 seconds West 981.602 feet to the place of beginning. CONTAINING 16.682 acres, more or less. THE ABOVE DESCRIPTION is in accordance with the subdivision plan for Walter E. Morrison, which is herewith recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 30, Page 74. THIS IS A CONVEYANCE made subject to easements, rights of way, and restrictions of record. TOGETHER with the right of ingress, egress, and regress over a twelve foot driveway and subject to the expenses for maintenance's thereof all as more specifically set forth in an easement agreement dated September 27, 1985, and recorded in Miscellaneous Book 310, Page 495. TOGETHER with all the buildings, improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any way appertaining. PARCEL ID #14.04-0381-040 Being known as 45 Mare Road, Carlisle, PA. ? r? ? a u? ? _ w`-1 c..?,_, c c5 ?q b... ,? tr _; ,_ .. ? ? v i ?.: ?- 1 5 T ? L?:.? ? _ _ 7 t J ?' `C : 1t 7 !T? Cl L'_ C] _ Q +: U MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews and Kimberly D. Matthews NUMBER 1999-3348 NOTICE OF SHERIFF'S SAX& Or REIN RRO2ERTV TO: Scott A. Matthews Kimberly D. Matthews 3703 Enola Road Newville, PA 17241 Your house (real estate) at 45 Mare Road, Carlisle, PA 17013 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on June 7, 2000, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $32,654.92 obtained by Household Realty Corporation against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's sale you must take immediate action: 1. The sale will be canceled if you pay to Household Realty Corporation the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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 the following notice on how to obtain an attorney.) M F' 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 Terrence J. McCabe, Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on July 6. 200Q-. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after July 6. 2000. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ALL THAT CERTAIN tract of land in Lower Frankford Township, Cumberland County, Pennsylvania, containing 16.892 acres, being the northern most part of the farm now or formerly of Nelson H. Shugart; and Ruth E. Shugart, his wife, which farm is more particularly located as being in the Northeast comer of Legislative Route No. 21001, known as Traffic Route No. 994 and Township Road No. 492, the tract conveyed being more particularly bounded and described as follows: BEGINNING at an iron pin on a line of land now or formerly of C. C. Leidigh and land now or formerly of Eugene C. Morrison, North 72 degrees 57 minutes 48 seconds East 1029.522 feet to a stone pile; thence South 21 degrees 42 minutes 11 seconds East 495.76 feet to an iron pin and stone pile; thence South 22 degrees 41 minutes 53 seconds East 397.75 feet to an iron pin; thence South 75 degrees 22 minutes 50 seconds West 641.68 feet to an iron pin; thence North 45 degrees 30 minutes 37 seconds West 981.602 feet to the place of beginning. CONTAINING 16.682 acres, more or less. THE ABOVE DESCRIPTION is in accordance with the subdivision plan for Walter E. Morrison, which is herewith recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 30, Page 74. THIS IS A CONVEYANCE made subject to easements, rights of way, and restrictions of record. TOGETHER with the right of ingress, egress, and regress over a twelve foot driveway and subject to the expenses for maintenance's thereof all as more specifically set forth in an easement agreement dated September 27, 1985, and recorded in Miscellaneous Book 310, Page 495. TOGETHER with all the buildings, improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any way appertaining. PARCEL ID #14-04-0381-040 Being known.as 45 Mare Road, Carlisle, PA. 04 rTC -. X u o a ?? U MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Kimberly D. Matthews NUMBER 1999-3346 AFFIDAVIT OF .SERVICE Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews and I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 6th day of March, 2000, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS (jl (? DAY OF 2000. NOTARY PU IC NOTARIAL BEAL TRACY A. RIFF, Notary Public City of Philadelphia Phila. County My Commisslon Ei as Oct. 23, 1000 TERRENCE J. MCCABE, ESQUIRE 4 MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews and Kimberly D. Matthews NUMBER 1999-3348 AFFIDAVIT P-URSU 1m` To RU 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 45 Mare Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) : Name Scott A. Matthews Kimberly D. Matthews Address 3703 Enola Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Scott A. Matthews Kimberly D. Matthews Address 3703 Enola Road Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name GMAC Mortgage Corp. of PA GMAC Mortgage Corp. of PA Address 8360 Old York Road Elkins Park, PA 19117 1301 Office Center Drive Suite 200 Ft. Washington, PA 19034 Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Occupant(s) Domestic Relations Kimberly D. Matthews Address 45 Mare Road Carlisle, PA 17013 Cumberland County P.O. Box 320 Carisle, PA 17015 3703 Enola Road Newville, PA 17241 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ? -r /!/I S' 0 r n ?.C.( 0, fn)1 r 6-11G DATE TERRENCE J. McCABE,"ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN tract of land in Lower Frankford Township, Cumberland County, Pennsylvania, containing 16.892 acres, being the northern most part of the farm now or formerly of Nelson H. Shugart, and Ruth E. Shugart, his wife, which farm is more particularly located as being in the Northeast comer of Legislative Route No. 21001, known as Traffic Route No. 994 and Township Road No. 492, the tract conveyed being more particularly bounded and described as follows: BEGINNING at an iron pin on a line of land now or formerly of C. C. Leidigh and land now or formerly of Eugene C. Morrison, North 72 degrees 57 minutes 48 seconds East 1029.522 feet to a stone pile; thence South 21 degrees 42 minutes 11 seconds East 495.76 feet to an iron pin and stone pile; thence South 22 degrees 41 minutes 53 seconds East 397.75 feet to an iron pin; thence South 75 degrees 22 minutes 50 seconds West 641.68 feet to an iron pin; thence North 45 degrees 30 minutes 37 seconds West 981.602 feet to the place of beginning. CONTAINING 16.682 acres, more or less. THE ABOVE DESCRIPTION is in accordance with the subdivision plan for Walter E.. Morrison, which is herewith recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 30, Page 74. THIS IS A CONVEYANCE made subject to easements, rights of way, and restrictions of record. TOGETHER with the right of ingress, egress, and regress over a twelve foot driveway and subject to the expenses for maintenance's thereof all as more specifically set forth in an easement agreement dated September 27, 1985, and recorded in Miscellaneous Book 310, Page 495. TOGETHER with all the buildings, improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any way appertaining. PARCEL ID #14.04-0381-040 Being known.as 45 Mare Road, Carlisle, PA. w Y ? ?? MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews and Kimberly D. Matthews NUMBER 1999-3348 DATE: March 6, 2000 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Scott A. Matthews and Kimberly D. Matthews PROPERTY: 45 Mare Road, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's sale on June 7, 2000, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. v.XHIBIT "B" W QO ?. N Wo ? .fps n O O a ^ art O? ? ?a q? d R p? ` k.5 m33y g C ? ?ro a d? ? ? s@e yy L _ ? a m '?c " O ? VDT 6 cN ?g mb8 91- Y w `8A . Yd 1\0\ '64 1 13 . s ill! 4; o 1 ¢pp . N 19 ?° m P gO m W ?' o ?? QQ s 0?T6 d d?0 E \ w w a in 1 w o n w p o N rn i \ m S7 .y Q? ro~ A H N W M Ln y -+ N H O O O• L O n C A 0 ?1 i ? p ,G y N u 04 W O -H r ~ co y CL a ?4 O a u C 'O 0 4 cz O U ? o 0 .1 r n N a 00 a CIC G ..O to 04 W a W' 'C O¢ M W a W t0 W R X u t+ v a v t ?4w 0 • o,C u w a u m x - >,o ai $ `o O '•1 O W N N G a H N M H O a -1 G W ?q S @ E@ E 22 U O M ?D .?C U O Q O )?c •rl W V r1 H Vl a a A N •.? a ? M W $? ?a ?..?. 00 W U' .+ [n W O 17 U g u W U A4 M ; a . N S a u Z E m ® Z C U W S ' • r a c ) ? o o n co rn o a cc r H IJ a E 3 a° Z a LL M N a IIew a14elunoo3y 1o.1 1 ?. ?r. 'n L t U C=O U U MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation Plaintiff V. Scott A. Matthews Kimberly D. Matthews Defendant(s) COURT OF COMMON PLEAS Cumberland County NUMBER 1999-3398 AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 6"' day of March, 2000 and on the 31st day of March, 2000, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) asset forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A„ Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." I SWORN TO AND SUBSCRIBED TERRENCE J. MCCABE, ESQUIRE BEFORE ME THIS 31'T DAY MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation V. Scott A. Matthews and Kimberly D. Matthews DATE: March 6, 2000 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 1999-3348 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTX OWNER(S): Scott A. Matthews and Kimberly D. Matthews PROPERTY: 45 Mare Road, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on June 7, 2000, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. .ed McCABE, WEISBERG AND CONWAY, P.C. RY- TFRRFNfF 7 Mr ARF, ESQUIRE AttnrnPV fnr P1nintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Realty Corporation Plaintiff V. Scott A. Matthews Kimberly D. Matthews COURT OF COMMON PLEAS Cumberland County NUMBER 1999-3348 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 45 Mare Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Scott A. Matthews Kimberly D. Matthews Address 3703 Enola Road Newville, PA 1.7241 2. Name and address of Defendant(s) in the judgment: Name Scott A. Matthews Kimberly D. Matthews Address 3703 Enola Road Newville, PA 17241 EXHIIJIT ..r 3. Name and last known address of every judgment creditor ihnaa jnAgmant is a rPrnrd lion on the real p?n? Yy to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name GMAC Mortgage Corp. of PA Address 8350 Old York Road Elkins Park, PA 19117 GMAC Mortgage Corp. of PA Plaintiff herein. 1301 Office Center Drive Suite 200 Ft. Washington, PA 19034 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. .r 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Occupant(s) Domestic Relations Kimberly D. Matthews Jem Dougherty Dale Dougherty Address 45 Mare Road Carlisle, PA 17013 Cumberland County P.O. Box 320 Carlisle, PA 17015 3703 Enola Road Newville, PA 17241 45 Mare Road Calisle, PA 17013 45 Mare Road Calisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4504 relating to unsworn falsification to authorities. March 31, 2000 TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff DATE HLI E.F Eu- F EJ .g N? Q &ES.S C C] 6? 3 ' am yy_ 1 n: LL F ` I.1 ? y y 2 Ee? m f r%9 N n ?IA a o IM? x•k+xxx P's > c C-? um N Cv ?C, Wo yggggg? & s? gzfi es n o n . a "DD § 2 aE? Q A g LL (r NNp r??? LL E a to M m ? ? A ? ^' 0 n ..I 0 n q O a ., ?.. C, d .14 a ?0 S 9 ,Oi S vai vai °' a? I N Q4 •Zp? ??}ms?? z v v rHd ?S 2 ® L J W F Z- 'gyp N ^ H r $r e w x ? u .?+ A4 V L mE l °ax za'o N c7 a to co n CO rn o a co a In s I? ti m Z 2 m LL a u. (y?Ye>4 4 1 + I i jjvW o1qujunoooy job wr. i i ? C? MaCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Realty Corporation Plaintiff V. Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County Scott A. Matthews Kimberly D. Matthews NUMBER 1999-3348 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129 It Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 45 Mare Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." Name and address of Owner(s) or Reputed Owner(s) : Name Address Scott A. Matthews 3703 Enola Road Kimberly D. Matthews Newville, PA 17291. 2. Name and address of Defendant(s) in the judgment: Name Address Scott A. Matthews 3703 Enola Road Kimberly D. Matthews Newville, PA 27241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address GMAC Mortgage Corp. of PA 8360 Old York Road Elkins Park, PA 19117 GMAC Mortgage Corp. of PA 1301 Office Center Drive Suite 200 Ft. Washington, PA 19034 Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Occupant(s) 95 Mare Road Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 Kimberly D. Matthews 3703 Enola Road Newville, PA 17291 Jem Dougherty 95 Mare Road Calisle, PA 17013 Dale Dougherty 95 Mare Road Calisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 9909 relating to unsworn falsification to authorities. March 31, 2000 % I DATE TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff F•- C1,- i Ell- U C, ) I ` i I 1 . MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABF,, ESQUIRE Identification Number 16496 Attorney for Plaintiff First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 HOUSEHOLD REALTY CORPORATION V. SCOTT A. MATTHEWS KIMBERLY D. MATTHEWS CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 1999-3348 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. Terrence J. McCabe. Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff, That on March 06, 2000, per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, Scott A. Matthews, by regular mail, certified mail, return receipt requested, addressed to 3703 Enola Road, Newville, PA 17241. True and correct copies of the letter, certified return receipt and certificate of mailing, are attached hereto, made a part hereof, and marked as Exhibit "A ." 3. That on April 03, 2000, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Scott A. Matthews, by posting the same at the address of 45 Marc Road, Carlisle, PA 17013. A true and correct copy of the Sheriff's Return of Service form indicating the same is attached hereto, made a part hereof, and marked Exhibit "B." TERRENCE J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS ?4k? DAY OF ( 2000. 1 NOTARY UBLIC t' 11 NOTARIA MlL SEAL h d,j, Phil (County aaion t Oct 23, 2D00 LAW OFFICES McCABE, WEISBERG & CONW^ P.C. SUITE 2080 FIRST UNION BUILDING SUITE 600 TERRENCE 1. McCABE 123 SOUTH BROAD STREET 216 HADDON AVENUE PHILADELPHIA, PENNSYLVANIA 19109 WESTMONT, N108109 (609) 858.7080 (215) 790.1010 FAX (215) 790.1274 FAX (609) 858.7020 SUITE 1503 52 VANDERBILT AVENUE NEW YORK, NY 10017 (212)697.0011 FAX (212) 953.0986 March 6, 2000 Scott A. Matthews 3703 Enola Road Newville, PA 17241 Re: Household Realty Corporation vs. Scott A. Matthews and Kimberly D. Matthews Cumberland County; Court of Common Pleas; Number 1999-3348 Dear Mr. Matthews: Enclosed please find a Notice of Sheriff's Sale of Real Property relative to the above matter. Very truly yours, i - a90l TERRENCE J. McCAB TJM/lt Enclosures REGULAR MAIL AND CERTIFIED MAIL NO. Z 162 297586 RETURN RECEIPT REQUESTED bwl -0 ? m $ l\1 S t` gg ru ?m o w r u u a V m ro C ru a VJM 1? d ra LN yH N > a0 O•u0$ 3 f.1 B u y m $ yk LL a h' p 7E 2O rl3 Xz 3 1 lfvil: )kl Tt rrr TM 0 -5,; om rn $ -a om O C na T w a8 a UBE FUZZ Household Realty Corporation In the Court of Common Pleas of -vs- Cumberland County, Pennsylvania Scott Matthews and Kimberly Matthews No. 1999-3348 Civil Dawn L. Kell, Deputy Sheriff, who being duly sworn according to law, says on April 3, 2000 at 2:20 o'clock P.M. EDST she posted a copy of Real Estate Writ Notice Poster and Description in the above entitled action upon entitled action upon the property of Scott Matthews and Kimberly Matthews located at 45 Mare Road, Carlisle, Cumberland County, Pennsylvania according to law. Dawn L. Kell Deputy Sheriff who being duly sworn according to law, says on April 3, 2000 at 2:04 o'clock P.M. EDST, she served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Kimberly Matthews, by making known unto Kimberly Matthews at 889 Grahams Woods Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. 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: Kimberly Matthews by first class mail to her last known address 889 Grahams Woods Road, Newville, Pennsylvania. This letter was mailed under the date of April 4, 2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says lie 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: Scott A. Matthews by Certified Mail Return Receipt Requested, Restricted Delivery Deliver to Addressee Only to 45 Mare Road, Carlisle, Pennsylvania. This letter was mailed under the date of March 28, 2000 and returned to the Sheriff's Office on March 30, with reason checked Authorized Time For Forwarding Expired. 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: Scott A. Matthews by first class mail to 45 Mare Road, Carlisle, Pennsylvania. This letter was mailed under the date of March 30, 2000 and returned to the Sheriffs Office on April 7, 2000 with reason No Forwarding Order on File Unable to Forward Return To Sender. By - Real Estate Deputy @("IBIT 66 g„ HOUSEHOLD REALTY CORPORATION, Plaintiff V. SCOTT A. MATTHEWS KIMBERLY D. MATTHEWS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 99-3348 CIVIL TERM ORDER OF COURT AND NOW, this 4iAday of October, 1999, upon consideration of Plaintiff's Petition To Allow Service on the Defendant by Regular Mail, Certified Mail and Posting Pursuant to PA Rule of Civil Procedure 430, Plaintiff is granted leave to serve Defendant Scott A. Matthews by regular mail, addressed to his last known address of 3703 Enola Road, Newville, Pennsylvania 17241; by certified mail, return receipt requested, addressed to his aforesaid last known address; by publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania; and by posting of the Complaint in Mortgage Foreclosure and all subsequent pleadings and the Notice of Sheriffs Sale at the mortgage property of 45 Mare road, Carlisle, Cumberland County, Pennsylvania 17013. T BY THE COURT, cr. C. rii wt. ?_ 1, ..'? ,1 STATE Or PENNSYLVANIA, t COUNTY Or CUMBERLAND ? ss. I Robert P Ziegler -- ••--------------------------------------------------------------------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ---------------- Household Realty Corp - - - ------- - --------- - ------ ------------------------------------ is the grantee the same having been sold to said grantee on the 1t11 ------------------------------------------ day of --;Q9¢------------------------- A. D., ff-_ 2000 under and by virtue of a writ______________ Executi-on ---------------------------------------- issued on the _______.-__ 7th_ ------- ------------- day of March__----- A D., 192000_ out of the Court of Comman Pleas of said County as of Civil ------------------------------ -------------- ------------------------ Term, 1999 ---- Number ____334@_____, at the suit of _HQusehvlA -REalty_Cncp__________________________ _ _________________against_____ Scott A Matthews_& Kimberly_ D_________ is duly recorded in Sheriff's Deed Book No. 224 ......... Page __ 906 IN TESTIMONY WHEREOF, 1 have hereunto set my hand and seal of said office this __ LLI __ day D., it3_c' a_ of ----------- -- A. ??Recordio[ Deeds Remaler of DM&, Cumberland Coutdy, Cedislr, FA Hy Commitsion Dorn the find Hatay d Jet 2002 Household Realty Corporation In the Court of Common Pleas of -vs- Cumberland County, Pennsylvania Scott Matthews and Kimberly Matthews No, 1999-3348 Civil Dawn L. Kell, Deputy Sheriff, who being duly sworn according to law, says on April 3, 2000 at 2:20 o'clock P.M. EDST she posted a copy of Real Estate Writ Notice Poster and Description in the above entitled action upon entitled action upon the property of Scott Matthews and Kimberly Matthews located at 45 Marc Road, Carlisle, Cumberland County, Pennsylvania according to law. Dawn L. Kell Deputy Sheriff who being duly sworn according to law, says on April 3, 2000 at 2:04 o'clock P.M. EDST, she served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Kimberly Matthews, by making known unto Kimberly Matthews at 889 Grahams Woods Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says lie 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: Kimberly Matthews by first class mail to her last known address 889 Grahams Woods Road, Newville, Pennsylvania. This letter was mailed under the date of April 4, 2000 and never returned to the Sheriff s Office. 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: Scott A. Matthews by Certified Mail Return Receipt Requested, Restricted Delivery Deliver to Addressee Only to 45 Mare Road, Carlisle, Pennsylvania. This letter was mailed under the date of March 28, 2000 and returned to the Sheriff's Office on March 30, with reason checked Authorized Time For Forwarding Expired. 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: Scott A. Matthews by first class mail to 45 Mare Road, Carlisle, Pennsylvania. This letter was mailed under the date of March 30, 2000 and returned to the Sheriff's Office on April 7, 2000 with reason No Forwarding Order on File Unable to Forward Return To Sender. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania on June 7, 2000 and sold the same for the sum of $ 1.00 to attorney James Flower for Household Realty Corporation. It being the highest bid and best price quoted for the same Household Realty Corporation of 961 Weigel Drive, P.O. Box 8634, Elmhurst, IL paid to sheriff R. Thomas Kline the sum of $ 956.26 it being costs. Sheriff's Costs Docketing 30.00 Poundage 18.75 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 4.96 Certified Mail 7.92 Levy 15.00 Surcharge 30.00 Law Journal 395.60 Patriot News 306.23 Share of Bills 24.08 Distribution of Proceeds 25.00 Sheriff s Deed 26.50 $956.26 Pd By Atty 6/29/00 Sworn and Subscribed To Before Me This .21.-+'Daayy of 2000, A.D. Prothonotary By, c Real Estate Deputy 30 ??' c lz 7qv c17 rte. 9d'91! TIDE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Nnderfict No 587 Ronroued Mail 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow being duly sworn according to law, deposes and says: That he is the Assistant 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, Stale of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, In the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which Is securely attached hereto is exactly as printed and published In their regular dally and/or Sunday and Metro edltionsyissues which appeared on the 2nd, 91h and 16th day(s) of May 2000. That neither he nor said Company Is Interested In the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In the office for the Recording of Deeds In and for said County If Dauphin In Miscellaneous Book "M", Volume 14, Page 317. r 1 A , PUBLICATION COPY SALE #42 Mornbel, Pennsylvania Association of Notaries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Sworn to and subsc6led beta 0 2nd day o une A.D. Notarial Seal Tarry L. Russell, Notary Public Harrisburg, Dauphin County NOT Y PUBLIC My Commission Expires Juan, 5, 200 ommission expires June 6, 2002 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 304.73 Probating same Notary Fee(s) $ 1.50 Total $ 306.23 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. THE PATRIOT-NEWS CO. REAL ESTATE HALE Na 42 tldttei7, 7 II? 1r D• 1 : 6cztl A, tltltMwa atd .? ?KlmWrtyOtM?tlhrri . AttyY P McCabe Counh "Itatu ronULii &16292 oats: .. as Ira* Rout No. 994 and Imialvp Pad '. No.-49Z the tract oonstltd being Mort ?p.,?y,•??i??;y.^,??a'?,;tfy,?, borrorM &W docribed asfollows: 6EGIN I G at an from bin on a line of land nw• nr Immanh, „ r C. C Itidirb and lnnd stone 11 fn CONTAINING lb= aces, Mott or ins. 111£. AS01T OESCRIMION Jr, in 74F]; -A C&iT1'A%u made vibra *wmr l%n rights d wa,., and reNkikfn of fd. TOGl111LR *0 dre to of i vnM ssk aarxil repro act s Iwehe roe dmvwn, tomb}M to ONE "IKlrgm frf 1MMICKI Met 4 !m) a2 ai more wmoticany 4r torth in as tasted agrelmor Ltd Septndrt 2 s, androcardedinuxedwicousRM )10, -_rTOG1.1111.R wsgf all tht lwadlnp% ivgMvirt"11% male., rlrests, aik?s, assape *am, wJyIT-ceef}m, f1?1'ft;, lax"It" fritirv% a?1au,ttont%{hmvr1tl lK?rIfIMIR or 0 •m%? p A .L 4) a1FA1-0tnlatie. Dehq larrum as 45 Marc Rood, Cart k. .r r, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 1 G, 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 swom, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 28, MAY 5, 12, 2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 42 Writ No. 1999-3348 Civil Household Realty Corporator V5. Scott A. Matthews and WmlxrlyD. Matthews Ally.: Terrence J: McCabe ALL THAT CERTAIN tract of land in Lower Frankford Townsltp. Cum- berland County, Permsylvania, con- taining 16.892 acres, being the northern most part of the faun now or formerly of Nelson H. Shugart and Ruth E. Shugart, his wife, which farm is more particularly located as being in the Northeast corner of Leglslatlve Route No. 21001, known as Traffic Roge M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 12 day of MAY. 2000 taS E. 561 DE,, N.llor) Pubk COrli,l. R. M, l:umb.rior:d County, PA 'tilt comm"a"" r-rp"' MCrCh S, 20,71 REAL ESTATE SALE NO. 42 Writ No. 1999-3348 Civil Household Realty Corporation VS. Scott A. Matthews and Kimberly D. Matthews Ally.: Terrence J. McCabe ALL TI [AT CERTAIN tract of land in Lower Fmnkford Township, Cum- berland County, Pennsylvania, con- taining 16.892 acres, being the northern most part of the farm now or formerly of Nelson H. Shugart and Ruth E. Shugart, his wife, which farm is more particularly located as being In the Northeast corner of Legislative Route No. 21001, known as Traffic Route No. 994 and Township Road No. 492, the tract conveyed being more particularly bounded and de- scribed as follows: BEGINNING at an Iron pin on a line of land now or formerly of C. C. Leldigh and land now or formerly of Eugene C. Morrison. North 72 de- grees 57 minutes 48 seconds East 1029.522 feet to a stone pile; thence South 21 degrees 42 minutes 11 sec- onds East 495.76 feet to an iron pin and stone pile; thence South 22 de- grees 41 minutes 53 seconds East 397.75 feet to an iron pin; thence South 75 degrees 22 minutes 50 sec- onds West 641.68 feet to an Iron pin; thence North 45 degrees 30 minutes 37 seconds West 981.602 feet to the place of beginning. CONTAINING 16.682 acres, more or less. THE AHOVE DESCRIPTION Is in accordance with the subdivision plan for Walter E. Morrison, which is here- with recorded in the office of the Re- corder of Deeds in and for Cumber- land County, Pennsylvania, In Plan Book 30. Page 74. THIS IS A CONVEYANCE made subject to easements, nghts of way. and restrictions of record. TOGETHER will' the right of tn- gress, egress, and regress over a twelve foot driveway and subject to the ex- penses for maintenance's thereof all as more specifically set fort' In art easement agreement dated Septcul- ber 27, 1985. and recorded in Miscel- laneous Book 310. Page 495. TOGETHER with all the buildings, improvements. ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges. heredita- ments, and appurtenances whatso- ever, ttercunto belonging or m' any way appertaining. PARCEL ID 014-04-0381-040. Belug known as 45 Marc Road, Carlisle. PA. r f L: I $ 1000.00 Advance Costs paid 3/13/00 Assessed valuation $ 6,500 Real Estate No 42 Atty Terrence Mc Cabe Writ No. 1999-3348 Civil Household Realty Corporation -vs- Scott A. Matthews and Kimberly D. Matthews 45 Mare Road Carlisle, PA Real Debt $ 32,654.92 Interest 3/7/00 496.80 Atty's Fees Atty's Writ Costs 178.50 Other costs 1,015.00 Escrow Late Charges Sheriff's Costs Docketing 30.00 Poundage 18.75 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 4.96 Certified Mail 7.92 Levy 15.00 Surcharge 30.00 Postpone sale Out of County Legal Search Law Journal 395.60 Patriot News 306.23 Share of Bills 24.80 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 TAXES MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY V. COURT OF COMMON PLEAS Scott A. Matthews and Kimberly D. Matthews NUMBER 1999-3348 AFFIDAVIT TRSVa ]T TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 45 Mare Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) : Name Scott A. Matthews Kimberly D. Matthews Address 3703 Encla Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Scott A. Matthews Kimberly D. Matthews Address 3703 Encla Road Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address GMAC Mortgage Corp. of PA 8360 Old York Road Elkins Park, PA 19117 GMAC Mortgage Corp. of PA 1301 Office Center Drive Suite 200 Ft. Washington, PA 19034 Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Occupant(s) 45 Mare Road Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carisle, PA 17015 Kimberly D. Matthews 3703 Enola Road Newville, PA 17241 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. // 1 a- z-'iq r au DATE TERRENCE J. McCABE, 'ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN tract of land in Lower Frankford Township, Cumberland County, Pennsylvania, containing 16.892 acres, being the northern most part of the farm now or formerly of Nelson H. Shugart, and Ruth E. Shugart his wife, which farm is more particularly located as being in the Northeast comer of Legislative Route No. 21001, known as Traffic Route No. 994 and Township Road No. 492, the tract conveyed being more particularly bounded and described as follows: BEGINNING at an iron pin on a line of land now or formerly of C. C. Leidigh and land now or formerly of Eugene C. Morrison, North 72 degrees 67 minutes 48 seconds East 1029.622 feet to a stone pile; thence South 21 degrees 42 minutes 11 seconds East 495.78 feet to an iron pin and stone pile; thence South 22 degrees 41 minutes 53 seconds East 397.76 feet to an iron pin; thence South 75 degrees 22 minutes 60 seconds West 641.68 feet to an iron pin; thence North 45 degrees 30 minutes 37 seconds West 981.602 feet to the place of beginning. CONTAINING 16.682 acres, more or less. THE ABOVE DESCRIPTION is in accordance with the subdivision plan for Walter E.. Morrison, which is herewith recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 30, Page 74. THIS IS A CONVEYANCE made subject to easements, rights of way, and restrictions of record. TOGETHER with the right of ingress, egress, and regress over a twelve foot driveway and subject to the expenses for maintenance's thereof all as more specifically set forth in an easement agreement dated September 27, 1986, and recorded in Miscellaneous Hook 310, Page 495. TOGETHER with all the buildings, improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any way appertaining. PARCEL ID #14-04-0381.040 Being known.as 45 Mare Road, Carlisle, PA. ilk McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation CUMBERLAND COUNTY. V. COURT OF COMMON PLEAS Scott A. Matthews and Kimberly D. Matthews NUMBER 1999-3348 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Scott A. Matthews Kimberly D. Matthews 3703 Enola Road Newville, PA 17241 Your house (real estate) at 45 Mare Road, Carlisle, PA 17013 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on June 7, 2000, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $32,654.92 obtained by Household Realty Corporation against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Household Realty Corporation the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition I?. 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 the following notice on how to obtain an attorney.) YOU a TILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF HE SHERIFFI.S CAT 17 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 Terrence J. McCabe, Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on July 6 200Q-. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU Suncn.n TAKE THL PAPFR TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER._OR CA_hT:OT_ AFFORD ONE. LAWYER REFERRAL SERVICE OR CUMBERLAND COUNTY COURT ADMINISTRATOR BAR ASSOCIATION 4TH FLOOR, 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (717) 240-6200 . I ALL THAT CERTAIN tract of land in Lower Frankford Township, Cumberland County, Pennsylvania, containing 16.892 acres, being the northern most part of the farm now or formerly of Nelson H. Shugart, and Ruth E. Shugart; his wife, which farm is more particularly located as being in the Northeast comer of Legislative Route No. 21001, known as Traffic Route No. 994 and Township Road No. 492, the tract conveyed being more particularly bounded and described as follows: BEGINNING at an iron pin on a line of land now or formerly of C. C. Leidigh and land now or formerly of Eugene C. Morrison, North 72 degrees 57 minutes 48 seconds East 1029.522 feet to a stone pile; thence South 21 degrees 42 minutes 11 seconds East 495.76 feet to an Iron pin and stone pile; thence South 22 degrees 41 minutes 53 seconds East 397.75 feet to an iron pin; thence South 75 degrees 22 minutes 50 seconds West 641.68 feet to an iron pin; thence North 45 degrees 30 minutes 37 seconds West 981.602 feet to the place of beginning. CONTAINING 16.682 acres, more or less. THE ABOVE DESCRIPTION is in accordance with the subdivision plan for Walter E., Morrison, which Is herewith recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 30, Page 74. THIS IS A CONVEYANCE made subject to easements, rights of way, and restrictions of record. TOGETHER with the right of ingress, egress, and regress over a twelve foot driveway and subject to the expenses for maintenance's thereof all as.more specifically set forth in an easement agreement dated September 27, 1985, and recorded in Miscellaneous Book 310, Page 495. TOGETHER with all the buildings, improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any way appertaining. PARCEL ID #14-04.0381-040 Being known.as 45 Mare Road, Carlisle, PA. LI 11 i Ij '00 t ? 5? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 1999-3348 _ CIVIL 19 _ COUNTY OF CUMBERLAND) CIVIL ACTION • LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Household Realty Corporation from Scott A. Matthews and Kimberly D. Matthews Carlisle-. pA 17013DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell- 45 Mare Road, Carlisle PA 17013 see attached description (2) You are also directed lo;attach tbe; properly 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) islare enjoined from paying any debt to or for the account of the defendant(s) anq,-IMm delivering any property of the defendant(s) bf offietwige 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 hfnVherthat he/she has been added as agarnishee and is enjoined as above stated. Amount Due S32-654-92 Interest _ 3/7100 Arty's Comm Arty Paid $178.50 Plaintiff Paid Date: March 7, 2000 L.L. $.50 Due Prothy $1.00 Other Costs $1,015.00 Curtis R. Long Prothonotary, Civil DIVISIOn REQUESTING PARTY: Name , Torronro .1 • McCabe Fco- Address: 173 S• Rmad Stn>Nt_ Snito 208D_ AttomeyfoC plaintiff Telephone: _424 &)-044 Supreme Court ID No. 16496 by:?ytlr lj Deputy . !; REAL EST AT E SALE No. yz U11 ?- -''rv the sheriff levied upon the defendants Interest in the real property situated in Q Cumberland County, Pa., known and numbered as: 3 s wc%?:, ?^ and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. oato;2? L ? By: 4?-