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HOUSEHOLD FINANCE CORPORATION
V.
JAMES CURLEN
CIVIL DIVISION
: File No. 1999-5561
: Amount Due $93.231 7
: Interest 2/4/00
: Atty's Corn
: Costs S1 015 00
TO THE PROTHONOTARY OF TBE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR E)OCUTION
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs upon the following described property of the
defendant (a) 335 Allen Street, Carlisle, PA 17013
See attached description.
N/A PRAECIPE FOR ATTACHMENT EXEx:rMON
Issue writ of attachment to the Sheriff of
interest and costs, as above, directing attachment against the above-named gamishfor ee(s)tfor
the following property (if real estate, supply
copies of lengthy personalty list) six copies of the description; supply four
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ the real estate of the defendant(s) descrribedainsthe attachedheexhibits a lis pendens against
DATE: 3/6/00
Signature: o. '/
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
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LEGAL DESCRIPTION: ALL that certain tract of land situate in South Middleton
Township, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at an iron pipe on the
Northern line of Allen Street (50
feet wide) which point is located
319.80 measured Westwardly from the
Western line of Valley Street as
shown on the Plan of Carlisle Manor
Extension recorded in Plan Book 3,
page 99; thence from said beginning
point by the Northern line of Allen
Street, North 77 degrees, 15
minutes West, a distance of 75 feet
to a point; thence by a line
through the center of Lot No. 34 as
shown on said Plan of Lots, North
12 degrees 45 minutes East, a
distance of 150 feet to a point in
line of lands now or formerly of
John W. Heikes, thence by said land
now or formerly of John W. Heikes,
South 77 degrees, 15 minutes East,
a distance of 75 feet to an iron
pipe; thence still by said land now
or formerly of John W. Heikes,
South 12 degrees 45 minutes West a
distance of 150 feet to a iron
pipe, the place of BEGINNING.
CONTAINING 75 feet in front on 50 feet
wide Allen Street, extending
therefrom at an even width, a
distance of 150 feet and being all
Lot No. 33 and the Eastern 1/2 Lot
No. 34 of Block "D" of Carlisle.
Manor Extension as recorded in the
hereinafter mentioned Recorderfe
Office in Plan Book 3, Page 99 on
which there is erected a brick and
aluminium siding covered 1 story
ranch type dwelling house with
attached carport known as and
numbered 335 Allen Street.
Parcel No.: 40-22-0489-016
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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
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 1999-5561
Household Finance Corporation
V.
James Curlen
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 335 Allen Street, 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
James A. Curlen 960 Forge Road
Vivian A. Curlen, deceased Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name Address
James A. Curlen 960 Forge Road
Carlisle, PA 17013
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name Address
Plaintiff herein.
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Plaintiff herein.
Commercial Credit Corp
Address
236 W. Route 38
Suite 105
Moorestown, NJ 08057
and
8335 Century Park Ct.
Suite 200
San Diego, CA 92123
Attn: Ray Elmes
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)
Address
335 Allen Street
Carlisle, PA 17013
Domestic Relations
Cumberland County
P.O. Box 320
Carlisle, PA 17015
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 3-8 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
3-?-- -r)O J'' Wile-, / l)lr6nk'
DATE TERRENCEJJ. MCCABE, ESQUIRE
LEGAL DESCRIPTION: ALL that certain tract of land situate in South Middleton
Township, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at an iron pipe on the
Northern line of Allen Street (50
feet wide) which point is located
319.80 measured Westwardly from the
Western line of Valley Street as
shown on the Plan of Carlisle Manor
Extension recorded in Plan Book 3,
page 99; thence from said beginning
point by the Northern line of Allen
Street, North 77 degrees, 15
minutes West, a distance of 75 feet
to a point; thence by a line
through the center of Lot No. 34 as
shown on said Plan of Lots, North
12 degrees 45 minutes East, a
distance of 150 feet to a point in
line of lands now or formerly of
John W. Heikee, thence by said land
now or formerly of John W. Heikes,
South 77 degrees, 15 minutes East,
a distance of 75 feet to an iron
pipe; thence still by said land now
or formerly of John W. Heikee,
South 12 degrees 45 minutes West a
distance of 150 feet to a iron
pipe, the place of BEGINNING.
CONTAINING 75 feet in front on 50 feet '
wide Allen Street, extending
therefrom at an even width, a
distance of 150 feet and being all
Lot No. 33 and the Eastern 1/2 Lot
No. 34 of Block "D" of Carlisle.
Manor Extension as recorded in the
hereinafter mentioned Recorders
Office in Plan Book 3, Page 99 on
which there is erected a brick and
aluminium siding covered 1 story
ranch type dwelling house with
attached carport known as and
numbered 335 Allen Street.
Parcel No.: 40-22-0489-016
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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 Finance Corporation CUMBERLAND COUNTY
V. COURT OF COMMON PLEAS
James Curlen
NUMBER 1999-5561
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: James A. Curlen
960 Forge Road
Carlisle, PA 17013
Your house (real estate) at 335 Allen Street, 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 $93,231.73
obtained by Household Finance 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
Finance 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.)
YOU MAY STILL gW. W TO Ate' YO 7? PROP RT7c
AND YOU HA NE OTH R R_IGHTR
EVEN IF THE 1 AWATWW1Q e
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. 2000 . 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
LEGAL DESCRIPTION: ALL that certain tract of land situate in South Middleton
Township, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at an iron pipe on the
Northern line of Allen Street (50
feet wide) which point is located
319.80 measured Westwardly from the
Western line of Valley Street as
shown on the Plan of Carlisle Manor
Extension recorded in Plan Book 3,
page 99; thence from said beginning
point by the Northern line of Allen
Street, North 77 degrees, 15
minutes West, a distance of 75 feet
to a point; thence by a line
through the center of Lot No. 34 as
shown on said Plan of Lots, North
12 degrees 45 minutes East, a
distance of 150 feet to a point in
line of lands now or formerly of
John W. Heikee, thence by said land
now or formerly of John W. Heikes,
South 77 degrees, 15 minutes East,
a distance of 75 feet to an iron
pipe; thence still by said land now
or formerly of John W. Heikee,
South 12 degrees 45 minutes West a
distance of 150 feet to a iron
pipe, the place of BEGINNING.
CONTAINING 75 feet in front on 50 feet
wide Allen street, extending
therefrom at an even width, a
distance of 150 feet and being all
Lot No. 33 and the Eastern 1/2 Lot
No. 34 of Block "D" of Carlisle.
Manor Extension as recorded in the
hereinafter mentioned Recorder's
Office in Plan Book 3, Page 99 on
which there is erected a brick and
aluminium siding covered 1 story
ranch type dwelling house with
attached carport known as and z
numbered 335 Allen Street.
Parcel No.: 40-22-0489-016
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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 Finance Corporation CUMBERLAND COUNTY
V. COURT OF COMMON PLEAS
James Curlen
NUMBER 1999-5561
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."
I. C.^ /) f ? ) /17 r 6/64
TERRENCE J. c ABE, ESQUIRE
SWORN TO AND SUBSCRIBED
BEFORE ME THIS v,V DAY
OF 2000.
XcCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. XcCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Household Finance Corporation
V.
James Curlen
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 1999-5561
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 335 Allen Street, 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
James A. Curlen 960 Forge Road
Vivian A. Curlen, deceased Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name Address
James A. Curlen
960 Forge Road
Carlisle, PA 17013
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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
Plaintiff herein.
Commercial Credit Corp.
236 W. Route 38
Suite 105
Moorestown, NJ 08057
and
8335 Century Park Ct.
Suite 200
San Diego, CA 92123
Attn: Ray Elmes
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) 335 Allen Street
Carlisle, PA 17013
.Domestic Relations Cumberland County
P.O. Box 320
Carlisle, PA 17015
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
DATE TERRENCE J. MCCAB , ESQUIRE
LEGAL DESCRIPTION: ALL that certain tract 'o£ land situate in South Middleton
Township, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at an iron pipe on the
Northern line of Allen Street (50
feet wide) which point is located
319.80 measured Weetwardly from the
Western line of Valley Street as
shown on the Plan of Carlisle Manor
Extension recorded in Plan Book 3,
Page 99; thence from said beginning
point by the Northern line of Allen
Street, North 77 degrees, 15
minutes West, a distance of 75 feet
to a point; thence by a line
through the center of Lot No. 34 as
shown on said Plan of Lots, North
12 degrees 49 minutes East, a
distance of 150 feet to a point in
line of lands now or formerly of
John W. Heikes, thence by said land
now or formerly of John W. Heikes,
South 77 degrees, 15 minutes East,
a distance of 75 feet to an iron
pipe; thence still by said land now
or formerly of John W. Heikes,
South 12 degrees 45 minutes West a
distance of 150 feet to a iron
pipe, the place of BEGINNING.
CONTAINING 75 feet in front on 50 feet
wide Allen Street, extending
therefrom at an even width, a
distance of 150 feet and being all
Lot No. 33 and the Eastern 1/2 Lot
No. 34 of Block "D" of Carlisle.
Manor Extension as recorded in the
hereinafter mentioned Recorder's
Office in Plan Book 3, Page 99 on
which there is erected a brick and
aluminium siding covered 1 story
ranch type dwelling house with
attached carport known as and
numbered 335 Allen Street.
Parcel No.: 40-22-0489-016
EXHIBIT 6ANY
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. NOCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Household Finance Corporation
V.
James Curlen
DATE: March 6, 2000
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 1999-5561
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFFI S SALE OF REAL PgopzgTy
OWNER(S): James A. Curlen and Vivian A. Curlen (Deceased)
PROPERTY: 335 Allen Street, 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.
EXHIBIT «B„
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
Robert P Ziegler
f-
11-----------------------------------------------------------------------•
Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which
Household Fin C D C
the same having been sold to said grantee on the
June
execution
-
March-
day of
civil
7th
Recorder of
is the grantee
----- day of
xx 00
------- A. D., 19 --------- under and by virtue of a writ--------------
7th
---------------issued on the -------------------------------------
A.D., f -_ 0-0-, out of the Court of Comman Pleas of said County as of
99
-------- -------°-------------------------------------------------- Term, 19_ -----
5561 Household Fin Corp
Number --------------- atthesuit of------------------------------------------------------
James Curlen
-------°----°--------------------against---------------------------------------------------- is
224 452
duly recorded inSheriff's Deed Book No.___-----__-_, Page -------__---.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this 3v---_-- day
of -_-j7/6
-- jan`6-- ------------------ A. D.,49- o
y -- ----------
((// Recorder of Deeds
Household Finance Corporation
-vs-
James Curlen
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 1999-5561 Civil
Timothy Reitz Deputy Sheriff who being duly sworn according to law, says on April
4, 2000 at 8:26 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster
and Description in the above entitled action on the property of James Curlen located at
335 Allen Street, Carlisle, Cumberland County, Pennsylvania according to law.
Timothy Reitz Deputy Sheriff, who being duly sworn according to law, says on April
4, 2000 at 6:55 o'clock P.M. EDST, he served a true copy of real Estate Writ Notice
Poster and Description in the above entitled action upon the within named defendant to
wit: James Curlen by making known unto James Curlen at 950 Forge Road, Carlisle,
Cumberland County, Pennsylvania, its contents and at the same time handing to him
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 the defendant James Curlen by
first class mail to his last known address 960 Forge Road, Carlisle, 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 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 at 10:00 o'clock A.M.EDST and sold Th same for the sum of $ 1.00 to
Attorney James Flower for Household Finance Consumer Discount Company. It being
the highest bid and best price received for the same Household Finance Consumer
Discount Company of P.O. Box 8604, Elmhurst, Il being the buyer in this execution paid
to Sheriff R. Thomas Kline, the sum of $ 782.40 it being costs.
Sheriffs Costs
Docketing 30.00
Poundage 19.52
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
County 1.00
Mileage 6.20
Certified Mail 1,97
Levy 15.00
Surcharge 20.00
Law Journal 302.60
Patriot News 243.49
Share of Bills 24.80
Distribution of Proceeds 25.00
2000 County Library Township Taxes 214.47
Sheriffs Deed 26.50
$1,001.05 Pd By Atty
6/21/00
Sworn and Subscribed To Before Me
This 14±Day of 2000, A.D.T,
pp 0 O otary R. Thomas Kline, Sheriff
By?
Real Estate Deputy
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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 Finance Corporation CUMBERLAND COUNTY
V. COURT OF COMMON PLEAS
James Curlen
NUMBER 1999-5561
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 335 Allen Street, 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
James A. Curlen 960 Forge Road
Vivian A. Curlen, deceased Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name Address
James A. Curlen 960 Forge Road
Carlisle, PA 17013
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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
Plaintiff herein.
Commercial Credit Corp
Address
236 W. Route 38
Suite 105
Moorestown, NJ 08057
and
8335 Century Park Ct.
Suite 200
San Diego, CA 92123
Attn: Ray Elmes
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)
Address
335 Allen Street
Carlisle, PA 17013
Domestic Relations
Cumberland County
P.O. Box 320
Carlisle, PA 17015
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
3 - b da"Iteo. % /11r?ctFe
DATE TERRENCE J. MCCAB , ESQUIRE
LEGAL DESCRIPTION: ALL that certain tract of land situate in South Middleton
Township, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at an iron pipe on the
Northern line of Allen Street (50
feet wide) which point is located
319.80 measured Westwardly from the
Western line of Valley Street as
shown on the Plan of Carlisle Manor
Extension recorded in Plan Book 3,
page 99; thence from said beginning
point by the Northern line of Allen
Street, North 77 degrees, 15
minutes West, a distance of 75 feet
to a point; thence by a line
through the center of Lot No. 34 as
shown on said Plan of Lots, North
12 degrees 45 minutes East, a
distance of 150 feet to a point in
line of lands now or formerly of
John W. Heikes, thence by said land
now or formerly of John W. Heikes,
South 77 degrees, 15 minutes East,
a distance of 75 feet to an iron
pipe; thence still by said land now
or formerly of John W. Heikes,
South 12 degrees 45 minutes West a
distance of 150 feet to a iron
pipe, the place of BEGINNING.
CONTAINING 75 feet in front on 50 feet
wide Allen Street, extending
therefrom at an even width, a
distance of 150 feet and being all
Lot No. 33 and the Eastern 1/2 Lot
No. 34 of Block "D" of Carlisle.
Manor Extension as recorded in the
hereinafter mentioned Recorder's
Office in Plan Book 3, Page 99 on
which there is erected a brick and
aluminium siding covered 1 story
ranch type dwelling house with
attached carport known as and
' numbered 335 Allen Street.
Parcel No.: 40-22-0489-016
CXH I BIT "A"
OFFICI- 6c i'''_° °11::QIFF
CL.N
Mae l 2 48 P11 100
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41
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 Finance Corporation CUMBERLAND COUNTY
V. COURT OF COMMON PLEAS
James Curlen
NUMBER 1999-5561
NOTICE OF SHERIFF'S SALE OF REAL PROPRRTY
TO: James A. Curlen
960 Forge Road
Carlisle, PA 17013
Your house (real estate) at 335 Allen Street, 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 $93,231.73
obtained by Household Finance Corporation against you.
NOTICE OF OWNER'S RTGHTS
YOU MAY SE A3L•8 TO PREVENT THIS ?FBRTFF'S SA18
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Household
Finance Corporation the back payments, late charges,
costs, and reasonable attorney's fees due. To find out
how much you must pay, you may call Terrence J. McCabe,
Esquire at (215) 790-1010.
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the judgment, if the
judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other
legal proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See the following notice on how to obtain an attorney.)
YOU MAY STILL B8 nrre TO "AC° }OUR PROPBRT
AND YOU B'_DV8 OTBRn artmme
SYSN IF TSB SBERTFF?S r8 DOES rAAF`$IF
1. If the Sheriff fIs 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. 2000 , 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
LEGAL DESCRIPTION: ALL that certain tract of land situate in South Middleton
Township, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at an iron pipe on the
Northern line of Allen Street (50
feet wide) which point is located
319.80 measured Westwardly from the
Western line of Valley Street as
shown on the Plan of Carlisle Manor
Extension recorded in Plan Book 3,
page 99; thence from said beginning
point by the Northern line of Allen
Street, North 77 degrees, 15
minutes West, a distance of 75 feet
to a point; thence by a line
through the center of Lot No. 34 as
shown on said Plan of Lots, North
12 degrees 45 minutes East, a
distance of 150 feet to a point in
line of lands now or formerly of
John W. Heikee, thence by said land
now or formerly of John W. Heikee,
South 77 degrees, 15 minutes East,
a distance of 75 feet to an iron
pipe; thence still by said land now
or formerly of John W. Heikes,
South 12 degrees 45 minutes West a
distance of 150 feet to a iron
pipe, the place of BEGINNING.
CONTAINING 75 feet in front on 50 feet '
wide Allen Street, extending
therefrom at an even width, a
distance of 150 feet and being all
Lot No. 33 and the Eastern 1/2 Lot
No. 34 of Block "D" of Carlisle,
Manor Extension as recorded in the
hereinafter mentioned Recorder's
office in Plan Book 3, Page 99 on
which there is erected a brick and
aluminium siding covered 1 story
ranch type dwelling house with
attached carport known as and
' numbered 335 Allen Street.
Parcel No.: 40-22-0489-016
QFFtf' uF •.p. Fr
Fm 1 2 4e Ph '00
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V
. WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 1999-5561 CIVILW4.
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due HouaNhol d Finance Qrporation
from James Curlen
335 Allen Street
Carlisle, PA 17013 DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to
See attached description
, , ' .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of _
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If propertyof thedefendani(s) notleviedupon an subjecito attachment isfound In the possession of anyoneother
than a named garnishee, you are directed to notify hinvherthat he/she has been added as a gamishee and is enjoined asabove
stated.
Amount Due $93,231.73
Interest 2/4/00
Afly's Comm
Atty Paid $158.80
Plaintiff Paid
Date: March 7, 2000
L.L. $.50
Due Prothy $1.00
Other Costs $1,015.00
Curtis R.
Prothonotary, Civil Division
REQUESTING PARTY:
Name Tprrvn p T_ MrCalw, Fg(.
Address: 121 C_ RmM Rfropt-# q,ita 70R0
Attorney for: *2=1y Da= piai„fifp
Telephone: (21g) Tan-lD, n
Supreme Court ID No. 16406-----
by: %e? ya a ,t/A/m, )
61 Deputy
REALESfATE SALE
un,jli4t-e- - 8. ?? the sheriff levied upon the defendants
Interest In the real property situated in .
Cumberland County, Pa., known and numbered as:319
and more full, ;:iescribed on Exhibit "A" filed with
this writ and by this reference incorporated herein.
nat -44aa,„
By: -
00, Nd Pn z 1. anw
CR
GID
try
?? <; r ?:iido
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under 80t Na 587. RDOro 1 d Mal 16 1 -erg
Commonwealth of Pennsylvania, County of Dauphin) ss
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, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and
THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street,
In the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established
March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday and Metro editions/issues which appeared on the 2nd, 9th 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 of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317. t r ,
PUBLICATION
---------- f
- w
O VL
COPY _
_
-
---- - - ----
Sworn to and subscribed a his?2nd day une A.D
S A L E M44 Notarial Seat /
Terry L. Russell, Notary Public
Hamsburg. Dauphin county
my Cw"-,slon Expires Juno 6.2002 NOTt?IY PUBLIC
Member, Pennsylvania Association or NM Yecommission expires June 6, 2002
o'ft'%•: M... CUMBERLAND COUNTY SHERIFFS OFFICE
C
e' UMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
i Statement of Advertising Costs
kadah
Nd, To THE PATRIOT-NEWS CO., Dr.
P ; d e For publishing the notice or publication attached
hereto on the above stated dates $ 241.98
x ¢ Probating same
Notary Fee(s) $ 1.50
yq
. Total $ 243.49
s ? .
.7,7;
her's Receipt for Advertising Cost
of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general
150 W10 a rtn'lule of lands or
Opt of the aforesaid notice and publication costs and certifies that the same have
fosot?Y of J?ooFq liefkes, thence by said
land wwarkninklyof John w; Helled, South THE PATRIOT-NEWS CO.
7PdegreEf, 15 minulee: FiN, a d'ntance of Ta
-kelao[in 11?e.dJPF111ence still by said land
" 11 By ....................................................................
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
SS.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly swam, 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.
Afffant 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 611E NO, K
Writ No. 1999-5561 Civil
Household Finance Corporation
VS. Roger M. Morgenthal, Editor
James Curlen
Atty.: Terrence J. McCabe
L
SWORN TO AND SUBSCRIBED b
f
EGAL DESCRIPTION e
ore me this
ALL that certain land situ-
tract 12 day of. MAY. 2000
ate in South Middleton Township,
Cumberland County, Pennsylvania.
bounded and described as follows:
BEGINNING at an Iron pipe on the
Northern line of Allen Street (50 feet -'^
wide) which point is located 319.80 NOTARIAL
measured Westwardlyfrom the West- L015 E. SNYDER, Notary Public
em line of Valley Street as shown on Corlnle Scro, Cumberland County, PA
the Plan of Carlisle Manor Extension My Commitrim Expires March s, 2001
1 recorded in Plan Book 3, page 99;
thence from said beginning point by
the Northern line of Allen Street
,
North 77 degrees, 15 minutes West,
a distance of 75 feet Loa point; thence
bya We through thecenterofLot No.
34 as shown on said Plan of Lots,
P•^•'••° North 12 degrees 45 minutes East. a
distance of 150 feet to a point in Ilnc
of lands now or formerly of John W.
Helices, thence by said land now or
for•merlyofJohn W. Helkes, South 77
oegmec, 15 minutes East, a distance
of 75 feet to an iron pipe, thence suit
by said land now or formerly of John
_ W. Helices, South 12 degrees 45 nun-
utes West a distance of 150 feet to a
iron pipe, the place of BEGINNING.
CONTAINING 75 feet in front on °-
50 feet wide Allen Street, extending
therefrom at an even width, a dis-
tance of 150 feet and being all Lot No.
33 and the Eastern 1/2 Lot No. 34 of
Block "D" of Carlisle Manor Exten-
sion as recorded in the hereinafter
mentioned Recorder's office in Plan
Book 3. Page 99 on which there is
erected a brick and aluminium sld-
big covered 1 story ranch type dwell-
ing house with attached carport
known as and numbered 335 Allen
Parcel No.: 40.22.0489.016.
Real Estate No 44
$ 1000.00 Advance Costs Paid 3/13/00 Atty Terrence McCabe
Assessed Valuation $ 7,270
Writ No. 1999-5561 Civil
Household Finance Corporation
-vs-
James Curlen
335 Allen Street
Carlisle, PA
Real Debt $ 93,231.73
Interest 2/4/00 1,885.59
Atty's Fees
Atty's Writ Costs 158.80
Escrow
Late Charges
Other Costs 1,015.00
Sheriffs Costs
Docketing 30.00
Poundage 15.34
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library
50
County 1.00
Mileage 6.20
Certified mail 1,97
Levy 15
00
Surcharge .
20.00
Postpone sale
Out of County
Legal Search
Law Journal
302
60
Patriot News .
243.49 1
Share of Bills 24.80
s
?Y
Distribution of Proceeds 25.00
Sheriffs Deed 26.50
TAXES
2000 County Library, Township taxes 214.47 = rk
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 Finance Consumer
Discount Company
P.O. box 8604
Elmhurst, Illinois 60126
V.
James Curlen
335 Allen Street
Carlisle, PA 17013
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number q q- 'Sao 1 &-f tt
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE AVISO
You have been sued in court. If you wish
to defend against the claims set forth in
the following pages, you must take action
within twenty (20) days after this
complaint and notice are served, by
entering a written appearance personally
or by attorney and filing in writing with
the court your defenses or objections to
the claims set forth against you. You are
warned that if you fail to do so the case
may proceed without you and a judgment may
be entered against you by the court
without further notice for any money
claimed in the complaint or for any other
claim or relief requested by the
plaintiff. You may lose money or property
or other rights important to you.
Le ban demandado a usted an Is torte. Si
usted quiere defenderse de estas demandae
ex-pueetas an las paginas siguientes,
usted tiene veinte (20) dias de plazo al
partir de la fecha de Is demands y la
notif icacion. Hate falta asentar una
comparencia escrita o en persona o con un
abogado y entregar a Is torte an forma
escrita sus defensas o sus objeciones a
las demandae en contra de su persona. Sea
avisado que si usted no as defiende, la
torte tomara medidas y puede continuer la
demanda en contra suya sin previo aviso o
notification. Ademas, la Corte puede
decidir a favor del demandante y requiere
qua usted cumpla con Codas las provisioner
de seta demanda. Usted puede perder
dinero o sus propiedades u otros derechos
importantes para usted.
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
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO
0 SI NO TIENE EL DINERO SUFICIENTE DE
PAGARTAL SERVICO, VAYA EN PERSONA 0
LLAME PDR 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
,
BY3 T,
AND CONWAY, P.C.
RENCB J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 1910
(215) 790_3.010 9
Household Finance Consumer
Discount Company
P.O. BOX 8604
Elmhurst, Illinois 60126
V.
James Curlen
335 Allen Street
Carlisle, PA 17013
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number 9?. g S G /
1• Plaintiff is Household Finance Consumer Discount Company,
a corporation duly organized under the laws of Pennsylvania and
doing business at the above captioned address.
2. The Defendant is James Curlen, who is the mortgagor and
real owner of the mortgaged property hereinafter described, and his
last-known address is 335 Allen Street, Carlisle, PA 17013.
3. On 5/27/98, mortgagor made, executed and delivered a
mortgage upon the premises hereinafter described to Plaintiff which
mortgage is recorded in the office of the Recorder of Cumberland
County in Mortgage Book 1457, Page 890.
4. The premises subject to said mortgage is described in the
mortgage attached as Exhibit "A" and is known as 335 Allen Street,
Carlisle, PA 17013.
5. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due 5/99 and each month
thereafter are due and unpaid, and by the terms of said mortgage,
upon default in such payments for a period of one month, the entire
principal balance and all interest due thereon are collectible
forthwith.
6. The following amounts are due on the mortgage:
Principal Balance $79,585.67
Interest 4/99 through 8/20/99 $ 6,183.26
(Plus $21.57 per diem thereafter)
Attorney's Fee $ 3,979.28
Cost of Suit $ 225.00
Appraisal Fee $ 125.00
Title Search r -,,,,,
GRAND TOTAL $90,298.21
7. The attorney's fees set forth above are in conformity
with the mortgage documents and Pennsylvania Law and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the mortgage is reinstated prior to the Sale, reasonable
attorney's fees will be charged based on work actually performed.
8. Notice of Intention to Foreclose as required by Act 6 of
1974 (41 P.S. §403) and notice required by the Emergency Mortgage
Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et
seq., commonly known as the Combined Notice of Delinquency has been
sent to Defendant by certified mail on the date set forth in the
true and correct copies of such notices attached hereto as Exhibit
nB n
WHEREFORE, Plaintiff demands Judgment against the Defendant in
the sum of $90,298.21, together with interest at the rate of $21.57
per diem and other costs and charges collectible under the mortgage
and for the foreclosure and sale of the mortgage property.
TERRENCE J. McC E, ESQ IRE
Attorney for Pla ntiff
The undersigned, Richy L. Frank, hereby certifies that he is
the Foreclosure Specialist of the Plaintiff in the within action,
Household Finance Consumer Discount Company, 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 IS PA.C.S. §4904 relating to unsworn
falsification to authorities.
04-V
RICHY L. FRANK
r
713303 I 14- Ad? MORTGAGE
a IP BOX 19 CHECKED, THIS MORTOAOE IS AN OPBN-BND MOX.TOAGB AND 92CURBS FUTURE ADVANCES
9a S MORTOA6E is made this 21TH day of MAY 19 pa botweea the Mortgagor,
a corporation organized and
The following paragraph preceded by a checked boy is applicable.
X WHEREAS, Borrower is indebted to Lender in the principal sum of $ 83 423.45
eve enced by Borrower's Loan Repayment and Security Agmement or Seoon ry ortpp an gtroemen tad
MAY 21, 1998 and any extensions or renewals thereof (heroin 'Note"), providing for monthly installments
of principal t x555, including any adjustments to the amount of payments or the contract rate if that rate is
variable, with the balance of the indebtedness, it not sooner paid, due and payable on MAY 21, 24029
Q WHEREAS, Borrower is indebted to Lender in the principal sum of S , or so much thereof
as may be advanced pursuant to Borrower's Revolving Lou Agreement dates- sad
extensions and renewals thereof (heroin 'Nate'), providing for monthly instalments, and interest at the rate a 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 S
TO SECURE to Lender the repayment of •(1) the indebtedness evidenced by the No•,s, with interest thereon,
including any increases if the contract ram is variable; (2) future advances Under any Revolving Loan Agreement; (3) the
payment or all'other sums, with interest thereon, od ced in accordance herewith to proteot the security of this
Mortgage; and (4) the performance of the covenants a agreements of Borrower heroin contained, Borrower does
hereby mortgage, grant and convey to Lender and 'e auecessors and assigns the following described property
heated in the County Of CUMBERLAND Commonwealth
e Pennsylvania:
ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF CARLISLE IN THE COUNTY OF
CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA: BEING MORE FULLY DESCRIBED IN A
FEE SIMPLE DEED CAM 0813111966 AND RECORDED 09/01/1966. AMONG THE LAND
RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE. IN VOLUME 22 PAGE 211.
TAX PARCEL It: 40.22.0489.016 ............
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PACCII41
90i20 'd 042TOW-c7TA nI RFC,) qTq VcgrN In tn?mc; Iin/ I-n-c-w N4 o1•co cc. ca rrx
:'
Tossl?T1•.IBR with all the imotove s now or hereafter erected on the prooL , and all easements, r&hts,
IS. Rehabilitation Loan Agreement. Borrower shall! fulfill ell of Borrower's obligations under any home' '
rchabilitatiee, improvement, repair, or other loan agreement which Borrower calm into with Lender. Lender, at
Lender's option. may require Borrower to execute and deliver a1o Lerder, in a form acceptable to Lender, an assignment
of any rights, claims or defer" which Borrower may hove ygainat Peru" who supply labor, materials or mvioes in
connection with improvements made to the Property.
16. Transfer of the Property. It Borrower sells or transfers all or any part of the Property or on interest
therein, amiuding (a) the creation of a lien or enoumbrancal subordinate to this Mortgage, (b) a transfer by devise,
iesmnt, or 3y operation of few upon the death of a joint tmmIt, (c) the grant of any leasehold interest of three years or
m not containing an option to purchase, (d) the creation of a purchase money security interest for household
tpplisrtces, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer whero the spouse or
children of this Borrower become an owner of the property. 1(c) a transfer resulting from a decree of dissolution of
marriage, legal Separation agreement, or from an inoidentsl pepperty setdement 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 tnadviot rights of occupancy in the property, or (i) any other
transfer or dispositlon described in regulations prescribed bf the Pederai Home Loan Bank Board, Borrower "I
cute to be submitted information required by Lander to evjuate the transferee as if a new loan were being made to
the tramferfa Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases
Borrower in writing. I
If Lecdsi• done not agree to such sale or trawler, Leader may declare all of the sums secured by this Mortgage to be
immediately due and payable. It Lender exercises such optlbn to accelerate, Lender shall mail Borrower notim of
acceleration in acordaaoe with paragraph 12 hereof. Such nonce 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. It Borrower fails to
pay amb sums prior to the expiration of such period, Lender may, without fwlw notice or demand on Borrower.
invoke any remedies permitted by paragraph 17 hereof.
NONUNIFORM COVBNANTS. Borrower and Lender further covenant and area as follows:
17. Acceleration; Remedies. Bxeept as provided in pafsgraph 16 hereof, upon Borrower's breach of any
covenant or agreement of Borrower in this Mortgage, i;tcluding 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: (1) the'bmcb; (2) the action required to cure such breach; (3) a date, not
lest than 30 days from the date the notice is mailed to ?c rrower, by which such breach must be cured; and
(4) that failure to cure such breach on or before the date specified in the notice may result in sweleration
of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The
notice shalt further inform Borrower of the right to TcWtete after acceleration and the right to assert in the
f0fOOI Mure proceeding the honegistence of a default or bay other defense of Borrower to aeeelcratioa and
foreclosure. If the breach is not clued on or before the date specified is the notice, Lender, at Lender's
option, may declare all of the sums secured by this Mo"gage to be immediately due and payable without
further demand and may foreclose this Mortgage by jud?cisl proceeding. Lender shall be entitled to collect
in such proceeding all expenses of foreclosure, iaeludiag but not limited to, reasonable attorneys fees and
costs of documentary evidence, abstracts and title reports.
19. Borrower's Right to Reinstate. Notwiththnding Lender's aocc eration of the sums by this Mortgage due to
Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage
discontinued at eny time prior to entry of s judgment enforcing this Mortgage IC (a) Borrower pays Lender all sums
which would he then due under this Mortgage and the Notq had no acceleration occurred; (b) Borrower cures all
breaches of any other covenants or agreements of Borrowetr contained in this Mortgage; (c) Borrower, pays all
reasonable expenses incurred by Lender in enforcing the cov 'ants and agreements of Borrower contaired in %Lis
Mortgage. and in enforcing Lender's remedes as provided ipuagraph 17 hereof, including, but npt•limited to,
reasonable attorneys fee; and (d) Borrower ukas such action Lender may reasonably require to anurethat ibe tiep ;.
of this Mortgage, Lender's interest in the Property and Borrow *r's obligation to pay the sums wurio!?f this Mortga e
shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and :hi o?jpa oa mod.
hereby shall remain In full force and effect as it no acceleration had occurred. r'4?;; • g ', „rrr"
er,.Aoti'EEtPa,t(f,
• 19. Assignment of Rents; Appointment of Reye)vatti .additional aw urity heraund r
to Lender the rents of the Property, provided thpt • • 1r * poor to acu{erstion under pariptaQN 0/1'hq+ ,•Qlt
abandonment of the Property. have the right tosep t-.2l?? n. t rh'renta u they become d x and psY?Bler e
Upon acceleration under paragraph 7 hereq,ItYrrri 10 e'-Property, Lender shall be entitled to bave a
receiver appointed. by a court to enter upon, take'.jw9d+? 'ins?b the, Property and to collect the rents of the
Property including those Pat due. All urns i6 (1 4 •by.,j]te;s . ttte6y be applied first to payment of the costs Of
management of the Property and.•eollecticn ojFeQS:+k?c 7ngt limited to, raeivor's fees, premiums on
receiver's bonds and reasonable at o. tea, a d•ihenla, th Sums'seoured by this Mortgage. The race ver shall be
liable to account only for these renra utva.1 rebelyad: a.-- `.0od 1957 Pi1GE: b93
0741.97 asortisge PAS +•' .f„ •.? ?AODttu
w?nrxx !`1 ' iumjhlou?i??I?m?llillalEia?l'<iRiII?IIlI1?II11111H1111?1jfJl '
9 0i£0'd Os.i'-S06LSS?SF M FgrJ. Stq Xcvwinte N7c tt?.t..?.-c.u u. AP cc. ca raw
20, Reims. Upon Payment Of &I: sums secured by this Mortgage. Lender shall release this Mortgage without charge
to Bortowar. Borrower sb)I pay all costs of recordation, it any.
21: Wfiver of Hoctestead. Borrower hereby waives all right of homestead'atemption in the Property under state
or Federal. law, ,
.22. interest Rote Alter lodirpent. Borrower iireea the interest rate: payable after a judgment is eniered on the
Note or in an action of mortgage foreclosure shall be the rate stated in. the Note.
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTOAOES OR DEEDS OF TRUST
Borrower and lender request the holder of any mortgage, deod of trust or other encumbrance with a Tien which has
priorivover thisMortliage to give Notioe to Lender, st Lender's address set forthon pageoneof this Mortgage, of any default
under the superior eneumbnnee and of any sale or other foreclosure action.
((////,,((?_f?AMES A CURLEN -Borrower
-HMleVK
1 hereby certify that the precise addteas of the Lender (Mortgsiee) is: HOUSEHOLD FINANCE
On behalf of:tho Lender, By: TT HERMAN
Title: BRANCH MANAGER
COMMONWEALTH OF PENNSXI,VANIA; ew t.a•nd County st
1, ANNE :A STAFFORD 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) . is subscribed to the foregoing instrument,
appeared before me this day in hperson, tad acknowledge that r he __ signed and delivered the said instrument as
free voluntary act, for the uses and purposes therein set forrh,
Oiven under my hand and official aeal, this 2 7 hdayot' MAY • 19?? .
My Commission expires:
;d' Xr?. .
otary u
NOTARIAL gEA
r
9111
'
'MrnmlWt,M?y a1?O CQ a.,..,
1f.Q8n06}dYapla.?.,?? (Space Be1AA. • • e
yolCumbarlandJ ?4 ? )% 'r ?'\a
led in the office for the recording of Drip"y??, t
and berlandCourtly,?p,?R r
Vol
al of 1 ?•eq w.
aM .:..
This instrument wen prepared by.
CUSEHOLD FI I a E RPORA110
a.. ZS Gateway Drive, Suite 107 ._
sad Rewrdor)
Finance Corporation
it Road
IL 60126 PA001246
.800%U57fgM 894
9P1bG1'rl b)PT.PAJCt7TA 111 AGC1 ate 0CCtA11nfA •=C r r?.r?-,_e_w nC.ea ee e•n rru
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, N108109
PHILADELPHIA, PENNSYLVANIA 19109 (609) 858.7080
(215) 790.1010 FAX (609) 838.7020
FAX (215) 790.1274
SUITE 1503
52 VANDERBILT AVENUE
NEW YORK, NY 10017
(212)697.0011
FAX (212) 953.0986
June 15, 1999
James Curlen
335 Allen Street
Carlisle, PA 17013
ACT 91 NOTICE
TAKE ACTION TO SAVE
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
Blousing 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
inunediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado
EXHIBIT "B"
"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: James Curlen
FROM: Terrence J. McCabe, Esquire
RE: Premises: 335 Allen Street, Carlisle, PA 17013
Account Number: 713303-00-9666880
You may be eligible for fin nrial 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 read all of this Notice It contains an xydanation of oIlQhtc
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 Finance Corporation representative
is as follows:
Margaret Smith
Household Finance Corporation
P.O. Box 4153
Carol Stream, IL 601974153
1-800-6094278
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
inch as required, for a period of at least sixty (60) days. The total amount of the delinquency is
$2177.01. That sum includes the following: principal and interest.
Your mortgage is also in default for the following reasons: N/A.
If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you
have the right to apply for financial assistance from the Homeowners' Emergency Mortgage
Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners'
Emergency Assistance Application with one of the designated consumer credit counseling agencies
listed on the attachment. An application for assistance may only be obtained from a consumer credit
counseling agency. The consumer credit counseling agency will assist you in filling out your
application and will submit your completed application to the Pennsylvania Housing Finance
Agency. Your application must be filed or postmarked within thiriu (30) days of your face to f„$g
}meetim
It is extremely important that you file your application promptly. Ifyou do not do so, or iyou
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 is extremely 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.
Very truly yours,
TERRENCE J. McCABE
TWdt
TERRENCE1.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 1503
52 VANDERBILT AVENUE
NEW YORK, NY 10017
(212) 697-0011
FAX (212) 953-0986
June 15, 1999
James Curlen
335 Allen Street
Carlisle, PA 17013
LENDER: Household Finance Corporation
ACCOUNT NUMBER: 713303-00-9666880
REAL ESTATE: 335 Allen Street, Carlisle, PA 17013
Dear James Curlen:
The MORTGAGE held by Household Finance Corporation (hereinafter we, us or ours) on
your property located at 335 Allen Street, Carlisle, PA 17013 IS IN SERIOUS DEFAULT because
you have not made the monthly payments of $725.67 for the months of April 1999 through June
1999, and/or because of this failure to remit.
Late charges, and other charges have also accrued to this date in the amount of $N/A. 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 $2177.01.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying
to us the above amount of $2177.01 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 Finance Corporation
P.O. Box 4153
Carol Stream, IL 60197-4153
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 Sheriffs 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 five 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: 1-800-609-4278. 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 Sheriffs 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 Sheriffs 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 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
TAVdt
SENT VIA CERTIFIED MAIL
NUMBER Z 345 686 785
RETURN RECEIPT REQUESTED
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% I SHERIFF'S RETURN - NOT FOUND
CASE NO: 1999-05561 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOUSEHOLD FINANCE CONSUMER DIS
VS.
CURLEN JAMES
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: CURLEN JAMES
but was unable to locate Him in his bailiwick. He therefore returns
the COMPLAINT - MORT FORE
NOT FOUND as to the within named defendant
CURLEN JAMES
DEFT. NO LONGER LIVES AT ADDRESS STATED
LEFT NO FORWARDING WITH THE POST OFFICE.
Sheriff's Costs: So answe rf
Docketing 18.00 C
Service 3 .10 /Not Found Return 5.00
Surcharge 8.00 I omas in er$34L iII MOCC BE, WEEISBERG & CONWAY
15/199
Sworn and subscribed to before me
this 4 I
day of
19 t A. D.
?7 I?P o ALa6l, LOA
Cu
, SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05561 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOUSEHOLD FINANCE CONSUMER DIS
VS.
CURLEN JAMES
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon CURLEN JAMES the
defendant, at 10:26 HOURS, on the 20th day of October
1999 at 335 ALLEN ST
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to TERRI RUDA (TENNANT)
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 18.00
Service 3.10
Affidavit .00
Surcharge 8.00 X. omas S eri
10 MCCABE, WEISBER & CONWAY
10/21/1999
by
ep y i ri
Sworn and subscribed to before me
this day of A-Uxc.w..(........
19 n1 ?/ A. D.
t?p5?
'?F r?Et? o o ary ° -
MCCABE, WEISBERG AND CONWAY, P.C.
BYs TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Household Finance Consumer
Discount Company
P.O. box 8604
Elmhurst, Illinois 60126
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
V.
James Curlen
335 Allen Street
Carlisle, PA 17013
Number qjj
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE "ISO
You have been sued in court. If you wish
to defend against the claims set forth in
the following pages, you must take action
within twenty (20) days after this
complaint and notice are served, by
entering a written appearance personally
or by attorney and filing in writing with
the court your defenses or objections to
the claims set forth against you. You are
warned that if you fail to do so the case
may proceed without you and a judgment may
be entered against you by the court
without further notice for any money
claimed in the complaint or for any other
claim or relief requested by the
plaintiff. You may lose money or property
or other rights important to you.
Is han demandado a usted en is torte. Si
usted quiere defenderse de setae demandas
ex-puestas an las paginas siguientes,
usted tiene veinte (20) dies de plazo al
partir de Is fecha de la demands y la
notification. Hate falta asentar una
comparencia eecrita o an persona c con un
abogado y entregar a Is Corte an forma
eecrita sue defenses o sue objeciones a
las demandas an contra de su persona. Sea
avisado que si usted no as defiende, Is
corte tomara medidas y puede continuer la
demands an contra suya sin previo aviso o
notification. Ademas, Is corte puede
decidir a favor del demandante y requiere
que usted cumpla con todas las provisions
de seta demands. Usted puede perder
dinero o sue propiedades u otros derechos
importantea pars usted.
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.
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO
0 SI NO TIENE EL DINERO SUFICIENTE DE
PAGAR TAL SERVICO, VAYA EN PERSONA 0
LLAME FOR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association Cumberland County Bar Association
2 Liberty Avenue 2 Liberty Avenue
Carlisle, PA 17013 Carlisle, PA 17013
(717) 249-3166 Tsasa? (717) 249-3166
In T,Re6pNrgaly? WtW9d FROM RE00'19D
T C Of 'd 111310
n
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABS, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Household Finance
Discount Company
P.O. Box 8604
Elmhurst, Illinois
V.
James Curlen
335 Allen Street
Carlisle, PA 17013
e Consumer
60126
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number
1. Plaintiff is Household Finance Consumer Discount Company,
a corporation duly organized under the laws of Pennsylvania and
doing business at the above captioned address.
2. The Defendant is James Curlen, who is the mortgagor and
real owner of the mortgaged property hereinafter described, and his
last-known address is 335 Allen Street, Carlisle, PA 17013.
3. On 5/27/98, mortgagor made, executed and delivered a
mortgage upon the premises hereinafter described to Plaintiff which
mortgage is recorded in the Office of the Recorder of Cumberland'
County in Mortgage Book 1457, Page 890.
4. The premises subject to said mortgage is described in the
mortgage attached as Exhibit "A" and is known as 335 Allen Street,
Carlisle, PA 17013.
5. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due 5/99 and each month
thereafter are due and unpaid, and by the terms of said mortgage,
upon default in such payments for a period of one month, the entire
principal balance and all interest due thereon are collectible
forthwith.
6. The following amounts are due on the mortgage:
Principal Balance $79,585.67
Interest 4/99 through 8/20/99 $ 6,183.26
(Plus $21.57 per diem thereafter)
Attorney's Fee $ 3,979.28
Cost of Suit $ 225.00
Appraisal Fee $ 125.00
Title Search c inn_nn
GRAND TOTAL $90,298.21
7. The attorney's fees set forth above are in conformity
with the mortgage documents and Pennsylvania Law and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the mortgage is reinstated prior to the Sale, reasonable
attorney's fees will be charged based on work actually performed.
8. Notice of Intention to Foreclose as required by Act 6 of
1974 (41 P.S. §403) and notice required by the Emergency Mortgage
Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et
seq., commonly known as the combined Notice of Delinquency has been
sent to Defendant by certified mail on the date set forth in the
true and correct copies of such notices attached hereto as Exhibit
og It
WHEREFORE, Plaintiff demands Judgment against the Defendant in
the sum of $90,298.21, together with interest at the rate of $21.57
per diem and other costs and charges collectible under the mortgage
and for the foreclosure and sale of the mortgage property.
?e
TERRENCE J. McC E, ESQUIRE
Attorney for Plaintiff
The undersigned, Richy L. Frank, hereby certifies that he is
the Foreclosure Specialist of the Plaintiff in the within action,
Household Finance Consumer Discount Company, 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.
RICHY L. FRANK
713303 ????" Ad? MORTGAGE
,Q IP BOX IS t HECKSD, Testa MORTGAGES n AN OPEN-END MORTOAOE AND a'BCURBS PUTURE ADVANCES
gaS MORTOAC)E is made this 27TH day of MAY 19 08 between the Mortgagor,
.Jf/fl 9r. mro, e,.
4 COrpoataon Organized and existing _ under the laws of PENNSYLVANIA whose t rams la
The followingpaaatrepb preceded by a checked boa is. applicable.
O?X R!HBRBAS, Borrower in 1ndeMed to fender in the prindpal sum of S 83 423.46
s`vtdeaced by Borrower's Yaan Repayment and Security Agreemcat or Seaon cry ortgaga as groemen red
MAY 21. 108E end any eatemslont or tentwala thereof (henln 'Note'), providing !or montbiy installments
o iaclllding any edjwements to the amount of payments or the contract to if that rate is
able, with Lba balanro of the ItLdabtedaas9, if tat sooner paid, due and payable on Lau z T , 2C2B
Q W EiBRPAS, Borrower ie indebted to Leader is the prlnc(pal sum d S or to much thereof
as may he advanced plusuant to Bo rower's Revolving Loan Agreamert dada- and
ertenatons and renewals thereol (herein "Note'), providing for monthly mate lmente, and Lateran at ra under
credit terms limit sp stated ated i An in th the Note priadp4l root sum m above nay adjurtmeate an initial is advance interest of S rate i! that rate is variable, and providing for a
credit above and
TO SECURE to leader the repayment of •(1) the lodebtsdaeae evidenced by the Nots, with interest thereoo,
including any increases if the contract rate is varable; (2) future advances under any Revolving IA= Agreemeaq (3) the
payment of All'other some, with interest thereon, ad aced in accordance herewith to protect the Security of this
Mortgage; and (4) the performance of the covenants a d agreements of Borrower he-tin contained, Borrower does
hereby mortgage, gmt and convey to Leader and Len er'e successors and assigns the following described property
located In the County Of CUMBERLAND C.ommonweslth
of Pennsylvania:
ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF CARLISLE IN THE COUNTY OF
CUMBERLAND ANN) CONMONNEALTH OF PENNSYLVANIA; BEING MORE FULLY DESCRIBED IN A
FEE SIMPLE DEED DATED 08131/1966 AND WORDED 09/01/1966. AMONG THE LAND
RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE. IN VOLUME 22 PAGE 283.
.-TAX PARCEL 10:..40-22-0489.016
07-21.97•MwtI192 PA
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TOG (ER with all
the improve. a now or hereafter erected oa the orotx ,and ell eseements n'?hta'
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15. Rehabilitation Loan Agrcemont. Borrower shaWfulfill all of Borrower's obli atider a ha
rehabilitation, improvement, repair, or other loan agreeme
Lender's OPNon, may require Borrower to execute and deliver
of soy rights, claims or defence which Borrower may have
co anciea'with improvements made to the Property,
16. Transfer of the Property. it Borrower sells or
therein, exc3`v6ng• (a) the erection of a lien or moumbran ,
4eteent, or ay operation of law upon the death of a joint tern,
m not containing an option to purchase, (d) the creetio
.PPBataces, (e) a transfer to a relative resulting from the d
children of the Borrower become an owner of the property,
murisge legal separation ayeement, or from an incidental p
Borrower bowmes an owner of the property, (h) it transfer
remains a beneficiary and which does net relate to a trainer
transfer or dibposition described In regulations prescribed b
Cause to be submitted information required by Lender to ev,
the trindersa. Borrower will continue to be obligated ua<
Borrower in writing,
It Leodei doss act agree to such sale of transfer, Lender m
immediately due and payable. If Lender axercisu such opts
aeederatiOn in accordsew with paragraph 12 hereof. Such no
she date the notice fe mailed or delivered within which Barre
pa) such Sums prior to the expiration of such period, Lends
invoke any remedies Permitted by par agraph 17 hereof.
NON•UNIPORM covBNANTB. Borrower and Lender feat
17. Acceleration; Remedies. Except as provided in pt
eovenaAt or agreement of Borrower In this Mortgage. I
scoured by this Mortgage, Leader prior to acceleurati,
paragraph 12 hereof aPeO3fyingt (1) the breach; (2) the ,
less than 30L days from the data the notice is mailed to 1
(4) that failure to cure such breach oa er before the dal
of the sums secured .by this Mortgage, foreclosure by
notion shall farther inform Borrower of the right to rein
foreclosure proceeding the nonexistence of a default or
foreclosure. It the breach is not cured on or before th
option, may declare all of the sums scented by this Mc
further demand and may foreclose this Mortgage by jud
in such Proceeding all expenses of foreclosure, iaoludiag
costs of documentary evidence, abstracts and title report
19. Borrower's Right to Reinstate. Notwithstanding Let
Borrower's bsoach, Borrower shall have the right to have on)
disgontlnued at any time prior to entry of a judgment enforoi
which would be then due ender this hlgrigaga and the Not
breaches of any other covenants or sgruments of Borrow
resemble axPemes incurred by Lender In enforcing the cur
Mortgage, sod in enforcing Lender's remedies as provided
reasonable attomays' fees; and (d) Borrower takes such action
of this Mortgage, Lender's interest in the Property and Borrow
shall continue unimpaired. Upon such payment and cure b3
hereby dull remain in full force and affect as it an seceleratior
• 19. Assignment of Rents; Appointment of Repelvet''A
to Lander the rents of the Property, provided thAV:. 5 'J.Q
abandonment of the Property; have the right tq; t,VW
Upon acceleration under paragraph 7 hereptc) ` ,{sire
receiver appointed by a oourt•to enter upon, ttllajRit osY?oP
PrOPorty including those past due. All reran ec(lep.bty,sc)he;s
management of the Property, aand, 'collection '6j/epls.. )aI'i!d
receiver's bonds and reasonable attorneys' fe6s add'ihemgti'fh
fishle to account only toe thou rents actually rgobivsd: -
e7-21-97 Mortgage PA
wisrwa mm?Msua'aisai?
t which Borrower enters into wiLender. Leader, at
g
to Lender, In a form acceptable to Leader, in assignment
{tines partise who supply labor, materials or services in
araferc all or piny put of the Property or an Interest
subordinate to 1196 Mortgage; (b) a transfer by devise,
, (C) 'the grant of Any lembold Interest of three years or
of a pumhsse money security interest for household
6th of a Borrower, (f) a transfer where the spouse or
(g) a transfer resulting from a decree of dissolution of
eperty settlement agreement, by which the spouse of the
rat an inter vivos trust in which the Borrower is and
of rights of occupancy In the property, or (1) any other
the Federal Home Loan Bank Board, Borrower shall
sate the transferee an it a now loan were being made to
r the Note and this Mortgage unless Lender releases
Y declare all of the sums secured by this Mortgage so be
o to accelerate, Lender shall mail Borrower notice of
no shall Provide a period of not lees than 30 days from
or may pay the sums declamd due, If Borrower fails to
may, without further notice or demand on Borrower,
or covenant and agree as follows;
+graph 16 hereof, upon Borrower's breach of any
eluding the covenants to pay when doe say sums
n shall give notice to Borrower is provided is
;Hera required to cure such breach; (3) a date, not
orrowcr, by. which. such breach must be cured; and
specified in the notice may result is acceleration
udicial proceeding, and sale of the Property. The
tote after acceleration cad the right to assert in the
ny other defense of Borrower to acceleration and
date specified is the notice. Leader, at Lender's
egage to be immediately due and payable without
del proceeding. Lender shall be entitled to collect
but not limited to, reasonable attorneys' fees and
er's acceleration of the sums by this Mortgage dire to
proceedings begun by Leader to enforce this Mortgage
g this Mortgage if; (a) Borrower pays Lender all sums
had no acceleration occurred; (b) Borrower cures all
eomsined In this Mortgage; (c) Botrow•er, pays all
meats and agreements of Borrower conttiped da ttria
Paragraph 17 hereof, including, but qoi' Hatited . to,.
s Lender may reasonably require to Aatnre'that'tbe L'e(a t,.
A obligation to Pay the sums secur6¢; thiortgage
Borrower, this Mortgage and :h4 oI>I Pilo' ' .sant?dd,
had occurred. i, "t
additional security her eunder,. p
Bdrjo Pjr,'
P6 ..X or to acceleration inder paragh PQI 91iF
Yp c4• rptts as they become due and pay "I...
t,dll.i e'•-Yroperty, Lender shall be entitled to have a
gdrarii the Property and to collect the rents of the
?f•SF,% be applied first to payment of the coats of
i,W;bs'ys,tngt limited to, receiver's tea, premiums on
etiais'seoured by this Mortgage. The receiver shall be
'•,Baok14571`11K 993
PA001tea
IXr .C`el•J M,Otfff ll'79tI f'.i nrr•, n.n r•.?+rn ..,....-? .... -? ... .- .. .. .? .. ?.
• , J .. t?11;U :'ilis; ! r ?tJP• . 5. .
20. Release. Upon payment of d! sums secured by this Mortgage, Lander shell release thls Mortgage without charge
to Borrow. borr»wer awl pay dl costs of recordation, if any.
11; Wilver of Homestead. Borrower hereby waives all tight of homeatead'etemption in the PMperiy. under state
orFtdi al. law.,
22 inreiest A04 After Jvd`meat. Borrower 'agrees the interest rata payable after a judgment ie entered on the
Note,er in so action of mortQige foreclosure shill be the rate stated in, the Note.
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTOAOES OR DEEDS OF TRUST
Borrower and Leader request the holder of any mortgage, deed of trust or other encumbrance with a lien which has
prictity over thiaMortgage to give Notice to Lender, atLender'a address setforthon pageone of thts Mortgage, of any default
under the superior encumbrance and of any axle or other foreclosure action.
_ Sh7i». ea.. /, 6iyD.- -
AMES A CURLEN -Borrowe!
-BasmWer
I hereby certify that the precise addrsse of tba Lender (Mortgagee) ice: H01dBEH0L0 EYNAN
_ • .2d_?ATEWAYI7RIVE. MECNANIOSRLIRC. 44 1ZOF5•.
An behalf ot:theLeader. By: TT' N - Title- BRANCH-MANAGER
COMMONWEALTH OF PENNSYLVANIA: and Countysx '
1, ANNE . A STAf FORD a Notary Public in and for said county and atats, do hereby certify that
_ JAMES A Oil LEN
personally known to me to be the scenic pargon(s) whose name(s) i a subscribed to the foregoing Instrument,
appetred before me this day in person, Ind acknowledge that _ he __ signed and delivered the said instrument as
h 4-S free voluntary act, for the uses and purposm therein set forth.
Oiven under my band and official seal, this 2 7 t hditpor MAY 19 9$ .
My Commission enpitea
,.,tom
Notary
fr,r5,
'? ?• t1Nfr N 0 TA R 1gA?l :11:A:L This inaWmatt weer prepued bg;
1pNFRNNNtg10N b7TPIRES t
' • i•It:)c;3EHpLD FI f ° E RPORATfC1h(
'lo ?? _ 0. _ .t' .. .. ;,al}ER•,s'3tL?.5 Gateway Drive, Suitt 107 • :r
it . • .? ?,.ifl
1ty of bN and (space ajr t r ' ?,, t Cad Rawrar)
Cum (dad I the office for the reoordtny of Dead fl ,+
?(?uig Cou -` /" '; g d Finance Corporation
and berlandnty,
1 Vol. 1 P e'+r??,r: Y at nt Road
60126
raootsss
P t9 t ere' L"t? soodgy5g7t?A?pGgE?gp894
..t Recorder
ela ,,.n•? «r, n.nr ?.•.e.. ..r ... ..r
TERRENCE J. WASE
LAW OFFICES
McCABE, WELSBERG & CONWAY, P.C.
SUITE 2080 SUITE 600
FIRST UNION BUILDING 216 HADDON AVENUE
123 SOUTH BROAD STREET WE MONT,NJOSI08
PHILADELPHIA. PENNSYLVANIA 19109 (609) 858.7080
(215)790.1010 FAX(609)858-7020
FAX (215) 790.1274
SUITE 1503
52 VANDERBILT AVENUE
NEW YOM NY 10017
(212) 697.0011
FAX (212) 953-0986
June 15, 1999
James Curlen
335 Allen Street
Carlisle, PA 17013
ACT 91 NOTICE
TAKE ACTION TO SAVE
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
immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionado arriba. Puedes ser elegible para un prestamo por el programs Ilamado
EXHIBIT "go9
"Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida
del derecho a redimir an 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: James Curlen
FROM: Terrence J. McCabe, Esquire
RE: Premises: 335 Allen Street, Carlisle, PA 17013
Account Number: 713303-00-9666880
You may be eligible for financial csia nc that mdll 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 read all of his Notice, It contains an explanation of o?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. Ibis meeting must occur in the next QO) 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 Finance Corporation representative
is as follows:
Margaret Smith
Household Finance Corporation
P.O. Box 4153
Carol Stream, IL 60197-4153
1-800-609-4278
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 is in default because you have failed to pay promptly installments ofpjjnclp811and
iffiest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is
$2177.01. That sum includes the following: principal 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 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 a ?Flication must be filed or postmarked within thirty (30) days of your face-to-face
meeting,
it is extremely important that you file your application promptly. Ifyou do not do so, or iyou
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.
To ;e evtromoh, 7mnnrlant That vnnr annliratinn is acrnrate and cmmnlete in everv resnect. 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 , M
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.
iE'
In addition you may receive another notice from this lender under Act 6 of 1974. That notice'
called a "Notice of Intention to Foreclose." You must read both notices, since they both explain r
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 maybe
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 COMMJNICATION IS TO COLLECT A DEBT AND ANY
PURPOSE,
INFORMATION OBTAMD WI1jL HE USED FOR THIS Very truly yours,
TERRENCE J. McCABE
TWdt
LAW OFFICES
McCABE, WEISBERG & CONWAY, P.C
SUITE 2080 surrs 600
FIRST UNION BUI.DINO
TERRENCE 1. MCCABE 123 SOUTH BROAD STREET 216 HADDON AVENUE
WESTMONf, NJ 08108
PHILADELPHIA, PENNSYLVANIA 19109 (609) 858-7080
(215) 790.1010 FAX(609)858-7020
FAX (215) 790.1274
SUITE 1503
52 VANDERBILT AVENUE
NSW YORK, NY 10017
(212) 697-0011
FAX(212)9534986
June 15, 1999
James Curlen
335 Allen Street
Carlisle, PA 17013
LENDER: Household Finance Corporation
ACCOUNT NUMBER: 713303-00-9666880
REAL ESTATE: 335 Allen Street, Carlisle, PA 17013
Dear James Curlen:
The MORTGAGE held by Household Finance Corporation (hereinafter we, us or ours) on
your property located at 335 Allen Street, Carlisle, PA 17013 IS IN SERIOUS DEFAULT because
you have not made the monthly payments of $725.67 for the months of April 1999 through June
1999, and/or because of this failure to remit.
Late charges, and other charges have also accrued to this date in the amount of $N/A. 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 $2177.01.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying
to us the above amount of $2177.01 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 Finance Corporation
P.O. Box 4153
Carol Stream, IL 60197-4153
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 Sheriffs 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 five 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: 1-800-609.4278. 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 Sheriffs 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 Sheriffs 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 is
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.
THE P m__POSE OF FS COMMLmiir,eTrON Ic TO O r E CT A DEBT AND Anrv
INFORMATION OBT INRD WIi.T. B . rSFD FOR THIS P mPOCF.
Very truly yours,
TERRENCE J. McCABE
TJM/dt
SENT VIA CERTIFIED MAIL
NUMBER Z 345 686 785
RETURN RECEIPT REQUESTED
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SHERIFF'S RETURN - REGULAR
SS2 /
CASE NO: 1999-0A,87 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOUSEHOLD FINANCE CONSUMER
VS.
CURLEN JAMES
HAROLD WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within REINSTATED COMPLAINT-MORT FORE was served,
upon CURLEN JAMES the
defendant, at 2018:00 HOURS, on the 27th day of October
1999 at 960 FORGE ROAD
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to JAMES CURLEN
a true and attested copy of the REINSTATED COMPLAINT-MORT FORE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers,
Docketing 18.00
Service 3.10
Affidavit 2.50
Surcharge .00 x. omas?R iT nom; ?f€ i
X1cCAE$$ 1999SBERG & CONWAY
by
epu y 5 er?
Sworn and subscribed to before me
this I day of
W .,761ry A.D.
o ry
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis R. Long
Prothonotary
To: James A. Curlen
960 Forge Road
Carlisle, PA 17013
Household Finance Corporation
V.
James Curlen
NOTICE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
55`1
NUMBER: 1999-0e--- -
3
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 7 McCabe. sgu+re at (215) 790-lolo
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 Finance Corporation CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V. S5`I
James Curlen NUMBER 1999-68989 T
ASSESSMENT OF pJMGES ANp ENTRY QE JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and
against Defendant in the above-captioned matter for failure to
answer Complaint as required by Pennsylvania Rules of Civil
Procedure and assess damages as follows:
Principal $90,298.21
Interest from 8/20/99 - 2/3/00 $_2,933 5;)
TOTAL 11?11?? $933,,23l/11..77333Q
TERRENC J. M C E, ESQUIRE
Attorney for Plaintiff
AND NOW, this ` day of 2000,
Judgment is entered in favor of Plaintiff, Household Finance
Consumer Discount Company and against Defendant James Curlen and
damages are assessed in the amount of $93,231.73, plus interest and «'t
costs.
BY THE PROTHONOTARY :
_. ?.
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Household Finance Corporation CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V. 55L1
NUMBER 1999-86:?&7 T
James Curlen
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS.
ro TTNTV OF PHILADELPHIA
The undersigned, being duly sworn according to law, deposes
and says that the Defendant is not in the Military or Naval Service
of the United States or its Allies, or otherwise within the
provisions of the Soldiers' and Sailors' Civil Relief Act of
Congress of 1940 as amended; and that the Defendant, James A.
Curlen, is over eighteen (18) years of age, and resides at 960
Forge Road, Carlisle, PA 17013.
SWORN TO AND SUBSCRIBED
BEFORE ME THISCA4 DAY
OF
Notary
i. Phila.
2000.
TER ENCa M AB ESQUIRE
Attorney for Plaintiff
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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 Finance Corporation
V.
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 1999-0890 T
James Curlen
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and
against Defendant in the above-captioned matter for failure to
answer Complaint as required by Pennsylvania Rules of Civil
Procedure and assess damages as follows:
Principal $90,298.21
Interest from 8/20/99 - 2/3/00 S 2.933.52
TOTAL $93,231.73
AAbt.?ta ,t 0_6&'/
T ENCE J. M E, ESQUIRE
Attorney for Plaintiff
AND NOW, this `_"%? day of J 2000,
Judgment is entered in favor of Plaintiff, Household Finance
Consumer Discount Company and against Defendant James Curlen and
damages are assessed in the amount of $93,231.73, plus interest and
costs.
BY THE PROTHONOTARY:
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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 Finance Corporation CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V. SSI.I
NUMBER 1999-469e9'T
James Curlen
CERTIFICATION
Terrence J. McCabe, Esquire, attorney for Plaintiff, being
duly sworn according to law, deposes and says that he deposited in
the United States Mail a letter notifying the Defendant that
judgment would be entered against him within ten (10) days from the
date of said letter in accordance with Rule 237.5 of the
Pennsylvania Rules of Civil Procedure. A copy of said letter is
attached hereto and marked as Exhibit "A. 11
SWORN TO AND SUBSCRIBED ?ehJSp/17.nI ld (//.(tom,
T?NCE J. McC E, ESQUIRE
BEFORE ME THIS ?yDAY Attorney for Plaintiff
OF 2000.
NOTARY PUB
IeryPublle
OTjhIa. Phila.
oe on Coon
Ex hes Oa 23 ryry.
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VBRIFTCATIQN
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.
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TERRENCE J. MCCADE- ESQUIRE
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
LAWRENCE E. WELKER
Prothonotary
To: James A. Curlen
960 Forge Road
Carlisle, PA 17013
Household Finance
V.
James Curlen
Corporation
November 18, 1999
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 1999-00787 T
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 IMPORTANTE
Usted as encuentza an estado de rebeldia por
no hater presentado una comparecencia escrita,
ya sea peraonalmente a por abogado y por no
haber radicado por escrito con sets Tribunal
sus defenses u objeciones a Ina reclamoe - -- --
formulados an contra auyo. Al no toear la
action debida dentro de diez (10) dial de Is
fecha de seta notification, el Tribunal podra,
sin necesidad de comparecer usted an torte u
oir preuba alguna, dictar sentencia an ou
contra y usted podria perder bienes u atros
derechoa importantes. Debe llevar est.
notification a un abogado inmediataments. 6i
usted no tiene abogado, o ai no tiene dinero
suficiente pare tal servicio, vaya an persona
o llama pot telefono a Is oficina, nombrada
para averiguar ai puede conseguir asistencia
legal.
Court Administrator Court Administrator
Cumberland County Courthouse Cumberland County Courthouse
Carlisle, PA 17013 Carlisle, pA 17013
(717) 240-6200 (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
TJM/tr at this telephone number: (215) 790-1010
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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 FINANCE CONSUMER
DISCOUNT COMPANY
V.
JAMES CURLEN
TO THE PROTHONOTARY:
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 99-5561
Kindly reinstate the Complaint in Mortgage Foreclosure in the
above-captioned matter.
TOR
RENCE J. MCCABE, SQUIRE
Attorney for Plaintiff
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