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Home My WebLink About03-3814McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania P.O. Box 8621 £1mhurst, IL 60126 Attorney for Plaintiff Cumberland County Court of Common Pleas David G. Nelson 207 West Pine Street Mount Holly Springs, PA 17065 Number 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 plaintif'L You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9 I08 Le han demandado a usted en la cone. Si usted quiere defenderse dc estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Haee falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sas defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Ustcd puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 MeCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania P.O. Box 8621 Elmhurst, IL 60126 Attorney for Plaintiff Cumberland County Court of Common Pleas David G. Nelson 207 West Pine Street Mount Holly Springs, PA 17065 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is David G. Nelson, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 207 West Pine Street, Mount Holly Springs, PA 17065. 3. On 10/16/2000, 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 1645, Page 688. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 207 West Pine Street, Mount Holly Springs, PA 17065. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/20/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 01/20/2003 through 07/31/2003 (Plus $13.53 per diem thereafter) Attorney's Fee Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 33,518.33 $ 6,411.07 $ 1,675.91 $ 225.0O $ 125.00 $ 2O0.0O $ 42,155.31 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with certificate of mailing. WHEREFORE, Plaintiffdemands Judgment against the Defendant in the sum of $42,155.31, together with interest at the rote of $13.53 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~-~{RENCE J. McCABE, ESQUIRE Attorney for Plaintiff ADVAN~ ~ MORTOAGE ~ ~ ~ ~y I~TH of OCTOBER ~00, ~AVI0 ~, NELSON, ~OT STATEO {~a'~W~")~~ BENEFICIAL C~ER DI$CO~T C~ANY DIBIA BENEFICIAL ~RTGAGE CO OF PE~SYLV~IA 41g STONEHEDGE DRIVE, ~ITE 2, CARLISLE, PA 1~013 ~ following ~ph ~d~ by n ch~ ~x is applim~ OCTOBER 16, 2~ ~d a~ ~ or ~ ~ (h~n "~om"}, ~v{~ f~ mostly TO $:ECURI~ m ~ the repayment of (l) the indebmclncgs evidear, ed by ~e N~, ~i~ ln~ th~, i~ng ~ ~ if ~ ~n~ m~ is ~abI~ (2) ~ ~v~ ~ ~ ~l~ng L~ A~m~t; (3) ~ ~ym~t of ~1 ~ ~ms, wt~ in~ ~ ad~ in ~ ~i~ ~ ~ ~ ~ufi~ of ~s ~; a~ (4) ~ ~o~ of ~ ~v~ ~d a~ of Bo, f~w~ ~n ~, ~w~ ~ 1~ in t~ ~ ~ C~ERLAND ~mm~w~ of ~ylva~ ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF SOUTH MIDDLETON IH THE COUNTY OF CUMBERLAND AND COIvMONWEALTH OF PENNSYLVANIA. ~EING MORE FULLY DE$ORIBEO IN A DEED DATED 02118/lgg9 AND RECORDED 0212411ggg, AMONG THE LAND RECORDS DF THE COUNTY AND STATE SET FORTH ABOVE, tN DEED VOLUME lg4 AND PAGE 010. TAX MAP OR PARCEL ID NO,: 40-3Z-2334-O~T ~1-07-00 MT6 Ililllllllliilllllllllllllllllil ~d~OC 1FZTF~AffOG OOOPAOO i L~ 1Fmq~L~N x FILE PA881211 III 90 ' d pL~IOBL~I~I[~ OJ. $PLL LIB OC3DN~ONI-~ d-IOH3SROH ;~ ND CE:II COOZ LI NiBt' Moflgago; and. ail c/tbs foregoing, t~ .-~her with ~id prol~rty (c~ the leasehold ~stat* if th/s ~ is on a li~s~hold) am h~re/~fter trim-red ~o a~ jthe 'Property." ' · . Borrowe~ cov~ ~ ]~Tow~ ~ is law~lly se/seal of fl~ estat~ l~reby ~wyed ~ tm~ tl~ r/~ttt to mortga8~, gram and c~vey Y~e Property, and t~ du5 o ' ' ~ ~ ~t ~ ~~ * 1. Pay~t ~ ~i~i~ ~d ~ Fun~ f~ Tax~ ~d ~ any, ~m ~ ~ ~ly p~ d~ ~if~h ~i~ ~ . the l~OPercy is m]~mbexcd, ~ for ~mhram~es o~ rec~'d. Borrows' dll cl~m~l Serially the title to the Property a~aJnst all claims and demands, and Le~cr ~ ~ a~i~ble law ~ ~i~ ~ ~, ~w~ ~mll ~ m ~_~ ~ 1~. ~ ~e ~f,~ ~ fall · , Upo~ l~ymont iff ~ of'all 6'umw, ~ ~ ~s M~, ~ ~! ~m~y ~ ~ ~ow~ ~y t~ held by ~. If ~ ~ ~7 ~ t~ ~ ia ~id ~ ~ ~ m ~,~ ~ by ~, ,~ld by ~ a~ ~ ~me of a~i~on ~ a ~t ~ ~ ~ms ~ ~ this ~. .~y ~. ~] ~m~ ~v~ by ~ ~ ~ Nme ~ ~ I ~d 2 ~ ~1 ~ a~ by PA801282 LO'd t~E~lO6/_~l~l~ O± 8t~/__/- &IS OCB3NUNI~ (I-IOHBS~OH ~-~ W~ O~:II C00~ ZI NFIC 5. HaZard Insm'an~.. Borrower shall ke~p tl~ ~m~ now ~ o~ ~f~ ~ ~ ~ p~ f~ ~ble ~ ~ ~ ~ t~ s s~ mo~ ~ in favor of ~ in a f~m ~ble ~ ~. ~ ~1 ~ ~ ~m ~d ~ ~i~ ~s~,~b~ ~ ~of nny m~.~ of~ ~ In ~ e~t of 1~. ~~ ~vo~m~ ~ ~ ~ i~ ~ ~ ~. ~ may ma~ ~f of l~if no~ ma~ ~om~y by 6. ~ti~ ~d ~~ ~ ~rty; ~hold~ ~dom~iums: Planned Unit B~w~l k~ ~ ~y in ~ ~r ~ e~l ~t ~mmlt w~ or ~mlt im~t ~ ~on ~ ~ ~la~ of ~ ~mi~ ~ ~ u~t ~-~ a~ ~t ~. 7. ~i~ ~ ~'s S~ity. If ~w~ falls ~ ~-~ ~ ~ ~d e~ ~n~ in this ~in ~hT~l r~ ~~ ~~y~on ~. ~. ~mn~i~. ~ ~of any ew~ or cl~m for ~m~ ~ or ~uengal, in ~ with ~ ~~ Or ~ ~i~ of ~ P~, ~ ~ ~f, or f~ ~ in lleu ~ ~dem~gon, ~ h~ 10. ~w~ Not R~: F~ran~ By L~ Not · Waiver. ~on ~ the time f~ ~yment ~ in~ ~ ~1 ~ ~ ~ ~ ~m~ ~ ~ ~h v-~f ~ ~f~ ~ ~ time ~, ~ ~ ~ ~ a~l~ble law, ~I not ~ a w~ ~ or ~ ~ ~ a~ of ~y ~h H~g ~ ~m~y. l I. {u~m and ~ps ~und; {~nt and Several L~billty; ~er~ ~ ~ a~ a~ ' ~n ~ ~1 ~ a~ ~e d~ h~ s~ll ~ m, the ~ s~ a~ ~ of ~ ~ ~, ~ ~ ~ ~g~ ~ ~ph 16 ~. All ~ ~ a~m~ ~ ~w~ ~1 ~ ~{nt ~, ~y ~w~ w~ ~ ~ Mo~, b~ ~ ~ ~ ~e ~, (~) ~ ~'~ ~ M~ o~y m ~y ~s~e ~ ~ ~ ~ ~ ~is ~, ~d {c) a~ ~ ~ ~ any o~ ~w~ ~ ~ ~1-07-~ ~ PA~I~ IlllllllllllllllJliilllllllll[I FILE COPY ~ezpc~cs' and *a~' fees' inclu~ Borrower's Co~y. ~so~. m~ ~ T~ ~ the ~y. Borrower p~, viged for fn this MOrtg~e ~all be g~ven by dehveri~ i: or by mailing ~c.h notice by ca.tried mail provided herein, and (b) any noses to iI~ndie shall be ~/ven by certified mail m Lend~'~ adche~ mt~d he~in o~ :o ~uch ~h,all b~d~m~l to have ~:~ ~J~ m .,l~xrowcr or Le~ler ~hen ~v~ in ~ m~ ~ ~ 13. Cmvemia~ L~w: Sera.billy. The sate an~ local Isw~ sppllcabl~ ~ Ibis ~.sl~ll be the laws of Lhe ju~sdiction in whlcb the Propcrty is lo'ted. The fore~0ing smtence r.h~l! riot hmlt the spp~icabihty of Fe~leral law to this nffec~' In the cvant th~ any provid~ or claus~ of ~ Mort~ or the No~ coafficls w/ih appli~ablelaw, ~ co~llct ,Shit to this end the provisions of tht M_ort~.~ ~d the No~ are ~ m b~ say, sbic. A~ used herein. , all sums to the extent not p~0hibtted by at~plicehielaw of limited herein. t~all be f~'nisbcd a co~formed e0py of the No~e end of this Mortga~ at the time of Lment. Borrower shell f~lfi!! ali of IMrrower's oblige.guns under any home other lcen ~-eemeo~ which Borrower ente~ into w~ta Lender. Lender. to execute ~d deliver to Lender, in a fOrm acceptable ~o Lender, an assignment of ~orrower may have ageicet p~l'ge~ who I~pply libor, mn~als or ~e~l~a hi it t~n~nt. (e) the~rant of a~y lea~hold Ink.at of three yearn or ie~ not contatninll Ira.option ~o, ..l~haae, (d) lh~ ~fioz ~ a pt~0hsse mon~ ~curity ~ for houseb, old appliances, (e) a ~-an~er to a i-dative rewlti~ from t~ d~ of s l~rrowe~, (f) a ~ra~mfer whar~ ~ spo~e or children of t~ Borrower become ,~ner of th= pl~perty, (Il) a tt'a~fer r~ltin~ ~rom a dec,~e of dissolution o~ rnardnge~ l~l/i~lxiragoa agreement, or ~.m an inddea~ property ~em ,~,t agreement, b~' which thc spot. s of the Borrower be~ome~ an owner of the i~-,~er0', (h) a ~rander into ~n intel' vii'os l:rtlst in which t~ Borrower is and r~malns s bendieilry and which does not i~la~ m a trander of n~ of ~ m t~e t~'rt~, o~ (i) an.v otl~r lrannfer or dispod~ion ~bed in r~,uisgons pre~u~ibed by d~ F~t~al Home Loan Bank Bollrd, Borrower shall cauM ~o be submitted informslion required by , ~ I~in~ made m ~he tramfeeee. ,B~rower will continu~ to be obli~ateg under r rele~e~ ]~orrower in wdting. e or trsnd~r, Lender may d~lar~ all o! ~ sums secured b~ ,hi.~ Mort~ge ~o be ~ ex~tr~ such option to aw~lerat~, Lender sl~ll ~ Borrower n~tice of ~h 12hereof. Suchnotlce shall provlde a period of not lam th~n 30days frvm thc his which Bo~, .~zer may pay tl~ sums decl~xl due, If Borrower fnils to pa), such · iod, ~ may, without fla'ffler notice or demand ~ Borrower, invoke any :remediespermltl~lbypar~/:i~h I?1~ ~f, ., NON-I. INI1R)RM COVENAN'I~{ ~wer and..I.e.l.e.l.e.l.e.I~., ftwlut~ torso, ant mid ligl~ as follows: · 17. Acceleration; Remedies, E~(:ep~ as provided to para,ralph 16 l~reof, upon Borrower's brai of any covenant o~ a~.meut of Borrow'~r in this Mortgage, incladin~ the covel~nts to p~y when due any sums sccnred by thss Morton,s. Lender l~or to ac~.leravson shall giv~ notice to Bo.,,,wer as provided in para.apb 12 bereof specifyi~: (1) thc brceel?!l(2} the season required to cur~ such bre~h; (~} e date, not less than ~0 days from tho date tl~ no,ice is mailedtto Borrows. by which such breach must be cured: and (4} that failure to ~tU', e such bieeneh on ~' before tbs d~,,'t c specified in the notice may result in noceleration of the sums secnxed by this Mortgage, foreclosure by judi~bl proceeding, and sale of the Prope~y. The notice sl~ll furtl~r inform .B~?rower of the right to ~'instate after acceleration ~nd the right to assert in the foreclosure prore~dln~ she ,n~nexi~nce of · default or anl~ ot~r defcnse of Bor~owe~ to~cc~k~rati, on and for~clo~ufc. If tbs breach is not cer~d on or before the date specift~l in the notice. Lender, st Lender s option, may d~cler-- all of tbs sums ,l~, Ured by this Mortgage to be tn~edbtely due and pnyable without further demand an.d. may foreclos~ this [Mort~n~e by judicial proceedin..g, ll.Lendar shall be eutitled to eollect in such pi'oceedms all expenscs of ~o~eclosnre. including, but not li~i~d to, reasonable attorneys' fec~ and cost~ of dosum~ntary cvidcnce, i~b~tracts and title reports, IBIIIBll!!I lllllllll!llllllllllll ;q~ goI: 1F ~r'/FB~TBi~ O ~,/~012~4F~a~-l.,~l X FILE ~ III 18. BorroweT's R~zt to R~instate. A[o~wi~s~fldi~ ~s ~1~ of ~ ~ ~ ~s ~ M~ ~ et ~y time ~ ~ ~ ~ a ~ ~ ~ts ~ tf: (e~ ~w~ ~ llmi~ ~, ~blc a~ f~ ~ id) ~w~ ~ ~ ~ ~ ~ may ~y ~ire ~ ~,t ~ ~en of ~is ~ ~s in~ in ~ ~ ~ ~w~'s o~i~fl~ ~ ~y tho 19. l~t c~ RmU; A~zmcnt ~ R~i~. ~ ~ ~W ~, ~ h~eby ~ya~e. ~. ~1~ ~ ~m~t ~ ~ ~ ~ by ~s ~, ~ s~] ~ ~s ~ wit~ut 21. W~v~ ~ Homm~ ~ ~by v~ gl ~t of h~ o~m~ in t~ P~y or ~ law. 22. ~ R~ Af~ ]u~L ~w~ ~-~ in~ ~ ~yiMe ~.a ~mmt is ~ No~ ~ in ~ ~on ~ m~ ~lm~ ~1 ~ ~ ~ ~ in ~e N~. 01-07-00 ~ PA00$2~ Illllllllllllllllillllllllllllli Ri ;QUEST FOR NOTIC.E OF DEFAULT XN,,I) FORBCLOSURE UN-DL~ SUPI~RIOR MORTGAGBg OR Dlgl~D$ OF TRUgT ~B ,oFrowor sud l~ader t~Itgst ~he ho!.~d~r, o~ any mortgage, deed of tru~ or ~ eacumbra~e ~l~h a lie~ whloh has ibHod~r over ~hls Mortgage to give No~ to Land,r, a~ Lendar% addre~ ~t ferth o~ pa~ ono ot ~his Mor~ga~, of any default ~ ~'~ superior eooumbr~,,'~ and of any ~al¢ or or, er fored~'ure actio~ · ~ 419 STONE~EDCE DR. SUITE 2 · ~ ~m'~by ~fy ~ha~ ~e pre,se of t~ [~ad~ (Mortgsge~) ~ C~IS.-~, ~. ~ . ~COMMO~L~H OF ~NS~LVAN~ ~n~ ~ , - N~GY J. ~Z~" .=~-:'~ , · - ' ''-*~~ ' '""~' ~' 'l~ ~'~I~ (~..~o. ~,scom o~ ~. co. " 419 S~g DR. SUITE 2 :~ ~XSLE, PA. 17013 A ,. (~) / : ~ ~ ~ R~ / ~i ~mh~, ~ ~1~ LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a compass survey for Carl F. Nelson, Sr., by T.O. Bietseh, Registered Surveyor, dated September, 1962, as follows: BEGINNING at a point in the approximate centerline of West Pine Street extended at corner of lands now or formerly of H.L. Donley; thence by the approximate centerline of the said West Pine Street, South 80 degrees East, 125 feet to a point at corner of lands now or formerly of James L. Ruth; thence by lands of the said James L. Ruth and through a pole, South 02 degrees West 222 feet more or less to an iron pin; thence by the same North 86 degrees West 29.5 feet to a post; thence by the same, South 4-1/4 degrees West 16.5 feet to a post on line of lands now or formerly of H.L. Donley; thence by said lands now or formerly of H.L. Donley, North 86 ~A degrees West 91.2 feet to a post; thence by lands now or formerly of H.L. Donley, North 1 degree 20 minutes East, 171.5 feet to an iron pin; thence by the same, North 3 degrees East 228 feet, more or less, through a pole to a point, the place of BEGINNING. Known and numbered as 207 West Pine Street 3460 Pcnnell Road (999) 726-5335, extension 301 www,midlantic~roup.corn Aston, PA 19014 FAX (610) 485-3488 SHERIFF'S CASE NO: 2003-03814 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS NELSON DAVID G RETURN - REGULAR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Curaberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE NELSON DAVID G DEFENDANT , at 1715:00 HOURS, at 207 WEST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 DAVID NELSON a true NOTICE was served upon on the 20th day of August by handing to and attested copy of COMPLAINT - MORT FORE the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this ~$~- day of ~3~% A.D. ~Prothonotary" So Answers: R. Thomas Kline 08/21/2003 MCCABE WEISBERG & CONWAY McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification N~her 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/Wa Beneficial Mortgage Company of Pennsylvania David G. Nelson Cumberland County Court of Common Pleas Number 03-3814 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGR4ENT 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: AND NOW, this Principal $ 42,155.31 Interest from 8/01/03-10/20/03 (at 13.53 per diem) $ 1,082.40 TOTAL $ 43,237.71 TER~EN'~ a. MeCABE, ESQUIRE ~ day of ~ , 2003, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania and against Defendant David G. Nelson and damages are assessed in the amount of $43,237.71, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Vo David G. Nelson Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-3814 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: 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 Defendants, David G. Nelson, is over eighteen (18) years of age, and resides at 207 West Pine Street, Mount Holly Springs, PA 17065. SWORN TO AND SUBSCRIBED BEFORE ME THIS 20TM DAY OF OCTOBER, 2003. NOTARY PUBLIC TERREN~E J. McCABE, ESQUIRE Attorney for Plaintiff McCABE, W~iSBERG AND CONWAY, P.C. BY= TERRE~CE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania David G. Nelson Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-3814 Civil Term CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit SWORN TO AND SUBSCRIBED BEFORE ME THIS 20TM DAY OF OCTOBER, 2003. TERRENCE[J. McCABE, ESQUIRE Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary September 15, 2003 To: David G. Nelson 207 West Pine Street Mount Holly Springs, PA 17065 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas VS. David G. Nelson Number 03-3814 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORT.ANTE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 g00-990-910g TJM/cc Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 03-3814 Civil Term Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvani V. David G. Nelson AMOUNT DUE: $43,237.71 INTEREST: from 10/21/03-3/3/03 $951.40 at 7.10% Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURTs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 207 West Pine Street, Mount Holly Springs, PA 17065 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. October 20, 2003 DATE: Print Name: TERRENCE J. McCABE, ESQUIRE Address: Attorney for: Telephone: Supreme Court ID No. 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Plaintiff (215) 790 1010 16496 LEGAL DESCRIPTION ALL TI IAT CERTAIN tract of land wilh tho buildings and bnproven~'nts thercon erected shuate in Soulh Middlcton Township, Cumb~rhmd~County, I!~n~ylvania, ~nded ~ dc~d~ in ac~rd~ wj~h a com~ sn~ey fi~r Cad F.'NcI~m, Sr., by T.O. Bielsch. Regi~c~ Sure. r, dated geptem~t. 1 ~2, ~ ~ull0ws: BEGINNING at a point in the approximate centerline of West Pine Street Extended corner of la~gls now or formerly of ri. L. Donlcy; Ihence by Ihc approximale eenterlinc of the said West Pine Street, South 80 degrees .East, 125 £cot Io a poinl at eometof lands t~ow or fomlerly nf James L. Ruth: dgnce by lands of the ~id James l.. Ruth ami Ihrough a pule. South 02 degrees West, 222 feel. morc or less. to an iron pin; thence by Ihe same, North 86 degrees Wcst, 29.5 feet to a posl; Ihenee by rig same, South 4 I/4 dc-gn,'es West. 162.5 Feet to a post on linc of lands now or I*ormerly ~ril. L. L~mlcT; Ihencc by said lands now or form~y of Il. L. I)~mley, North 86 degrccs West, 91.2 Feet to a post; thence by lands now or formcrly of ri. L. Donley, North I degree 20 minutes Eaat, 171.5 feet to an iron pin; Ihcnec by lbo smnc, North 3 degrees E,qsl 22R Fee. t, more or I~s~S, through a pole to a poi~ll, the pl~e of BE('jINNINO. BEING KNOWN AS 207 West Pine Street, Mount Holly Springs, PA 17065. Being the same premises which Sara A Nelson, by deed dated the 18' day of February 1999, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 194, Page 919, granted and conveyed to David G. Nelson, in fee. TAX MAP PARCEL NUMBER: 40-32-2334-067 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTIt OF PENNSYLVANIA) NO 03-3814 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From DAVID G. NELSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $43,237.71 L.L. $.50 Interest FROM 10/21/03 - 3/3/03 - $951.40 AT 7.10% PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $114.14 Other Costs Plaintiff Paid Date: OCTOBER 28, 2003 (SeaD R~QUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 CURTIS R. LONG Prothono~ ~ Deputy McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company clPo/a Beneficial Mortgage Company of Pennsylvania Vo David G. Nelson Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-3814 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 207 West Pine Street, Mount Holly Springs, PA 17065, 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 David G. Nelson 207 West Pine Street Mount Holly Springs, PA 17065 Name and address of Defendant(s) in the judgment: Name Address David G. Nelson 207 West Pine Street Mount Holly Springs, PA 17065 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 None 4. Name and mortgage of record: Name address of the last recorded holder of every Address Beneficial Consumer Discount Co, d/Wa Beneficial Mortgage Company of Pa Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Company of Pa P.O. Box 8621 Elmhurst, IL 60126 Attn: A1 Spears 419 Stonehedge Drive, Suite 2 Carlisle, Pa 17013 Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, Pa 17055 PHFA 2101 North Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 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 Tenant(s) 207 West Pine Street Mount Holly Springs, PA 17065 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. October 20, DATE 2003 k R McCABE, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL TI IAT CERTAIN tract o1' land wilh th~ buildings ar~.l lmprov~ th~r~n er~lcd sit~e in ~uth Mi~Icton ~o~hip, Cum~a.d~Co~ty, P~n~lv~ ~unded a~ d~fi~ in ~e with a com~ ~ fi~r Carl F. Nd~m, Sr., by T,O, Oietsch, Registc~d Su~eyor, dated S~ptem~r, l~2, ~ bllo~: BEGINNibIG at a point in the approximate centerline of West Pine Street Extendml at comer of lands now or formerly ofH. L. Donlcy; thence by thc approximate centerl~nc oflhe said West Pine Street, South 80 d~grccs 'Fast, 125 fc~! In a point at comer of lands now or fomlcrly n f James L, Ruth; thence by Imlds of the ~id James I.. Ruth nmi through n pole. $otflh 02 degrees West, 222 feet, more or les~, to an iron pin; thence by the same, North 86 degrees West, 29.5 feet to a post; thence by the same, $otlth 4 I/4 degrees West. 162.3 feet tn a post on line o1' lands now or formerly nfl 1. L. Donli,.y; th~nc~ hy said lands now or formerly ofli. L, I)onley, North 86 degrees Wesl, 91.2 £cc;t to a post; thenc~ by lands now or f0rmcrly of H. L. Donley, North 1 degree 90 minutes ]~,aat, 171.5 fe~t to an'iron pin; Ihcnel: hy lbo stone. North 3 degrees Ileal 228 fee. t. more or I~ss, Ihrough a pole lo a pull!t, Ihe place of BEOINNINO. BEING KNOWN AS 207 West Pine Street, Mount Holly Springs, PA 17065. Being the same premises which Sara A Nelson, by deed dated the 18~ day of February 1999, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 194, Page 919, granted and conveyed to David G. Nelson, in fee. TAX MAP PARCEL NUMBER: 40-32-2334-067 EXHIBIT McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification ~,~er 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania David G. Nelson Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-3814 Civil Term TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY David G. Nelson 207 West Pine Street Mount Holly Springs, PA 17065 Your house (real estate) at 207 West Pine Street, Mount Holly Springs, PA 17065, is scheduled to be sold at Sheriff's Sale on MARCH 3, 2004 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $43,237.71 obtained by Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) o o YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU RAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, will remain the owner of the property as if the sale never happened. you You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER, ~O TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania David G. Nelson Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-3814 Civil Term AFFIDAVIT OF SERVIC~ I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 18th day of December, 2003, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate cf mailing are also attached hereto, made a part hereof and marked as Exhibit "B." TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 18th DAY OF DECEMBER , 2003. NOTARY PUBLIC McCABE, WEISBER~ A~D CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification N,~mher 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania David G. Nelson Attorney for Plaintiff Cumberland County CotLrt of Common Pleas Nmnber 03-3814 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 207 West Pine Street, Mount Holly Springs, PA 17065, 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 David G. Nelson 207 West Pine Street Mount Holly Springs, PA 17065 2 o Name and address of Defendant(s) in the judgment: Name Address David G. Nelson 207 West Pine Street Mount Holly Springs, PA 17065 o Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder mortgage of record: Name Address of every Beneficial Consumer Discount Co, d/Wa Beneficial Mortgage Company of Pa Beneficial Consumer Discount Co, d/Wa Beneficial Mortgage Company of Pa P.O. Box 8621 Elmhurst, IL 60126 Attn: Al Spears 419 Stonehedge Drive, Suite 2 Carlisle, Pa 17013 l't Federal Credit Un' m " 0 Louise Drive Members PHFA 2101 North Front Street Harrisburg, PA 17105-5530 5 o Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by' the sale: Name Address Tenant (s) 207 West Pine Street Mount Holly Springs, PA 17065 Domestic Relations Arc,strong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfare P.C~. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements, herein are made subject Section 4904 relating to unsworn to the penalties of 18 Pa.C.S. falsification to authorities. December 18, 2003 DATE Attorney for Plaintiff Exhibit^ McCABE, WEISBERGAND COI~I~AY, P.C. BY: TERRENCE J. McCABE, ESQUIItE Identification N,~m~er 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/Wa Beneficial Mortgage Company of Pennsylvania David G. Nelson Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-3814 Civil Term DATE: December 18, 2003 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF S~IFF'S SALE OF RF2tL PROPERTY OWNER(S): PROPERTY: IMPROVEMENTS: David G. Nelson 207 West Pine Street, Residential Dwelling Mount Holly Springs, PA 17065 The above-captioned property is scheduled to be sold at the Sheriff's Sale on MARCH 3, 2004, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 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 COMMONWEALTH OF PENNSYLVANIA -~ COUNTY OF CUMBERLAND SS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Andrew D George & Kerri L is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue ora writ Execution issued on the · 28th day of Oct, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3814, at the suit of Beneficial C D C dPo/a Beneficial Mtg Co of PA against David G Nelson is duly recorded in Sheriff's Deed Book No. 263, Page 1019. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this '-~% , A. D2004 day of ~~corder of Deeds Beneficial Consumer Discount Company Of Pennsylvania VS David G. Nelson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3814 Civil Term Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on November 18, 2003 at 10:24 o'clock AM, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: David G. Nelson, by making known unto Sarah Nelson, Mother of David Nelson, at 207 West Pine Street, Mt. Holly Springs, Cumberhmd County, Pennsylvania, its contents and at the san~e time handing to her personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2004 at 8:08 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David G. Nelson located at 207 West Pine Street, Mt. Holly Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: David G. Nelson, by regular mail to his last known address of 207 West Pine St., Mt. Holly Springs, PA 17065. This letter was mailed under the date of January 12, 2004 and never retumed to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2004 at 10:00 o'clock A.M. He sold the same for thc stun of $96,000.00 to Nicholas Giambilis. It being the highest bid and best price received for the san~e, Nicholas Giambilis of 7 Graham Road, Newville, PA 17241, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $i00,369.32. Sheriffs Costs: Docketing $30.00 Poundage 1,920.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 8.28 Levy 15.00 Surcharge 20.00 Law Journal 307.25 Patriot News 209.20 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 2,756.05 Sworn and subscribed to before me This cz~"~day of ~v~e_- ' Piothonotary R. Thomas Kl/ne, Sheriff Real EstatO)eputy SCHEDULE OF DISTRIBUTION SALE NO. 25 Date Filed: April 2, 2004 Writ No. 2003-3814 Civil Term Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS David G. Nelson Sale Date: Buyer: Bid Price: March 3, 2004 Nicholas Giambilis $96,000.00 Real Debt: $43,237.71 Interest: 951.40 Attorney Costs: 114.14 Total: $44,303.25 DISTRIBUTION: Receipts: Cash on account (11/13/03): Cash on account (03/03/04): Cash on account (03/19/04): $ 1,500.00 9,600.00 90,769.32 Total Receipts: $101,869.32 Disbursements: Sheriff's Costs $ 2,756.05 Legal Search 200.00 State Transfer Tax 1,124.66 Local Transfer Tax 1,124.66 Cumberland County Tax Claim Bureau 3,297.92 Mt. Holly Springs Borough 77.70 South Middleton Township Municipal Authority 142.69 Beneficial Consumer Discount Company 44,303.25 Pennsylvania Housing Finance Agency 6,799.90 Pennsylvania Unemployment Compensation Fund 128.19 Commonwealth of Pennsylvania 46.00 Attorney Terrence McCabe 1,500.00 Assignment of Sheriff Sale Proceeds from David G. Nelson to Constantinos J. Mallios 40,368.30 Total Disbursements: Balance for distribution: ($101,869.32) 0.00 So Answ~s: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 25 Held Wednesday, March 3, 2004 Date: March 3, 2004 TAXES: Receipts for ail taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same promises which Sara A. Nelson, by deed dated February 18, 1999 recorded February 24, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed Book 194, Page 919, granted and conveyed to David G. Nelson. OTHER EXCEPTIONS: 1. The identity and legai competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in bounc[ary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and locai Reai Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of West Pine Street. Mortgage in the amount of $63,597.00 given by David G. Nelson to Members First Federal Credit Union dated November 5, 1998 and recorded November 10,1998 in Mortgage Book 1496 Page 332. Complaint in mortgage foreclosure filed by Members First Federal Credit Union as Plaintiff against David G. Nelson as Defendant in the Office of the Prothonotary of Cumberland County on December I, 2003 to File No. 2003-6237. Judgment in the amount of $51,286.61 entered January 22, 2004. 11. 12. 13. 14. Mortgage in the amount of $34,249.00 given by David G. Nelson to Beneficial Consumer Discount Company dated October 16, 2000 and recorded October 17, 2000 in Mortgage Book 1645, Page 688. Complaint in mortgage foreclosure file by Beneficial Consumer Discount Company, doing business as Beneficial Mortgage Company of Pennsylvania as Plaintiff against David G. Nelson as Defendant in the Office of the Prothonotary of Cumberland County on August 6, 2003 to File No. 2003-3814. Judgment in the amount of $43,237.71 entered October 28, 2003. Mortgage in the amount of $22,500.00 given by David G. Nelson to Pennsylvania Housing Finance Agency, dated August 21, 2001 and recorded November 7, 2001 in Mortgage Book 1738, Page 1164. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount of $3,276.98 as of the date of this report. Judgment in the an~ount of $94.07 entered by the Commonwealth of Pennsylvania, Department of Labor and Industry as Plaintiff against David G. Nelson, trading as Nelson's Grocery, as Defendant to File No. 1097 Civil 1989, Said judgment is revival of judgment entered to File No. 1380 Civil 1984. Judgment in the amount of $144.35 entered by the Commonwealth of Pennsylvania, Department of Labor and Industry as Plaintiff against David G. Nelson, trading as Nelson's Grocery, as Defendant in the Office of the Prothonotary of Cumberland County to File No. 2374 Civil 1989 Said judgment is revival of judgment entered to File No. 2239 Civil 1984. Rights granted to United Telephone Company of Pennsylvania by instrument recorded January 30, 1973 in Miscellaneous Record Book 202, Page 689. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale, Real estate taxes accruing on and after July I, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental jti~ns in ~ede. lral Di~.trict Court. Robert G. Frey, Agent /~¥ ' Note: This Title Report shall not b~ or binding until countersigned by an authorized s~gna' -- tory. REAL ESTATE SALE #25 ATTORNEY Terrence McCabe Advance Costs: $1,500.00 Assessed Valuation: 107,110.00 Writ No. 2003-3814 Civil Term Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS David G. Nelson 207 West Pine Street Mt. Holly Springs, PA 17065 Real Debt: $43,237.71 Interest 951.40 Attorney writ costs 114.14 Sheriff's Costs: Docketing 30.00 Poundage Iq ~0, I;D Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 8.28 Levy 15.00 Surcharge 20.00 Legal Search Law Journal 307.25 Patriot News 290.20 Share of bills 29.32 Distribution of proceeds 25.00 Sheriff's deed 39.50 Mt. Holly Springs Borough Tax Claim Bureau South Middleton Township Municipal Authority 59.02 3,271.98 66.00 ASSIGNMENT OF SHERIFF SALE PROCEEDS KNOW ALL MEN BY THESE PRESENTS, that DAVID G. NELSON, herein called "ASSIGNOR," for value received, does hereby assign, transfer and set over to Constantinos J. Mallios, hereinafter called "ASSIGNEE," without representation, warranty or recourse of any kind or nature whatsoever, all his right, title, interest in and to any and all proceeds payable to him under the Schedule of Distribution prepared and posted by the Office of the Sheriffof Cumberlmad County in the foreclosure sale of his property at 207 West Pine Street, Mount Holly Springs, PA 17065 (being in South Middleton Township) at number 03-3814 Civil Term and in and to all of his remedies in and under the proceedings thus instituted and the mortgage loan documents. IN WITNESS WHEREOF, David G. Nelson, intending to be legally bound hereby, has hereunto set his hand and seal, this / 7 ~'~ay of March, 2004. COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) On this, the / T ~ day of March, 2004, before me, the undersigned officer, personally appeared David G. Nelson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instnmaent, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ROWEl:IT O. JOLLIF~ NOTARY PUI]I,~ C4URU~L~ 80RO, CUMBERLAND co.. PA Real Estate Sale # 25 On November 13, 2003 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 207 West Pine Street, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 13, 2003 By:~ 0OOA.~vud:34 Real Estat~Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAc{ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ..................................................... COPY sworn to and subscribed )~,r ,r~ 23rd d~of F/~ary 2004 A.D. e L Russell Nota~Pub /~ ~ //~/ ~r / City Of Har~sburg, uauP~n ~ ~)6 / N~TARY PUBLIC L ...... Of Not~ commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 290.20 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. .keds PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, v/z: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TA~E ~E NO. 35 Writ No. 2003 3814 Civil Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania VS. David G. Nelson Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the buildings and improve- ments thereon erected situate In South Mlddleton Township, Cumber- land County, Pennsylvania, bound- ed and described in accordance with a compass survey for Carl E Nelson. Sr., by T.O. Bietsch, Regis- tered Surveyor, dated September, 1962, as follows: BEGINNING at a point in the approximate centerllne of West Pine Street Ex~ended at corner of lands now or formerly of H.L. Donley; thence by the approximate center- line of the said West Pine Street, South 80 degrees East, 125 feet to a point at corner of lands now or formerly of James L. Ruth: thence by lands of the said James L. Ruth and through a pole, South 02 de grees West, 222 feet more or less, t0 /ill iron p~; thence by the same, North 86 degrees West. 29.5 feet to a post; thence by the same, South 4 1/4 degrees West, 162.5 feet to a post on line of lands now or for- merly of H. L. Donley; thence by said lands now or formerly of H. L. Donley. North 86 1/4 degrees West, 91.2 feet to a post; thence by lands now or formerly of H. L. Donley. ~sa Marie Coyne, lEditor SWORN TO AND SUBSCRIBED before me this 30 .day of JANUARY 2004 LOtS E. SNYDER, Notary Public Carlisle Boro, Cuml~efland County My Commission Expires March 5, 2005 with the buildings and improve- merits thereon erected situate in South Middleton Township, Cumber- land County, Pennsylvania, bound- ed and described in accordance with a compass survey for Carl F. Nelson, Sr., by 'LO. Bietseh, Regis- tered Surveyor. dated September, 1962, as follows: BEGINNING at a point in the approximate centerllne of West Pine Street Ex[ended at corner of lands now or formerly of H.L, Donley; thence by the approximate center- line of the said West Pine Street, South 80 degrees East, 125 feet to a point at corner of lands now or formerly of dames L. Ruth; thence by lands of the said dames L. Ruth and through a pole, South 02 de grees West, 222 feet more or less, :tO t, tla iron p~: thence by the same, North 86 de'grees West, 29.5 feet to a post; thence by the same. South 4 1/4 degrees West, 162.5 feet to a post on line of lands now or for merly o[ H. L. Donley; thence by said lands now or formerly of H. L. Dordey, North 86 1/4 degrees West. 91.2 feet to a post; thence by lands now or formerly of H. L. Donley, North I degree 20 minutes East. 171.5 feet to an iron pin: thence by the same, North 3 degrees East 228 feel more or less, through a pole to a point, the place of BEGINNING. BEING KNOWN AS 207 West Pine Street, Mount Holly Springs, PA 17065. Being the same prelnlses which Sara A. Nelson, by deed dated the 18th day of February 1999, and corded in the Office of the Recorder in and for Cumberland County in Deed Book 194, Page 919, granted and conveyed to Dav/d G. Nelson, in fee. TAX MAP PARCEL NUMBER: 40-32 2334 067. LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My CommiSSiOn Expires ~a~h 5,200 ASSIGNMENT OF SHERIFF SALE PURCHASE BID KNOW ALL MEN BY THESE PRESENTS, that NICHOLAS J. GIAMBILIS, herein called "ASSIGNOR," for value received, does hereby assign, transfer and set over to Rosemary Acorda, hereinafter called "ASSIGNEE," without representation, warranty or recourse of any kind or nature whatsoever, all of his right, title and interest in and to his purchase bid and his right to receive a Sherift's Deed in the foreclosure sale of certain property at 207 West Pine Street, Mount Holly Springs, PA 17065 (being in South Middleton Township) at number 03-3814 Civil Term and hereby directs and authorizes the Office of the Sheriff of Cumberland County to designate and acknowledge Rosemary Acorda as grantee on the Sheriff's Deed for the premises. IN WITNESS WHEREOF, Nicholas J. Giambilis, intending to be legally bound hereby, has hereunto set his hand and seal, this ~) day of 2004. ~lcholas ,,1. 45iambilis, Assignor (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the .~Z9 ~..C_~ day of March, 2004, before me, the undersigned officer, personally appeared Nicholas J. Giambilis, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrmnent, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h .arid official seal. Notary Public ~ /?' RE-ASSIGNMENT OF SHERIFF SALE PURCHASE BID KNOW ALL MEN BY THESE PRESENTS, that ROSEMARY ACORDA, herein called "ASSIGNOR," for value received, does hereby assign, transfer and set over to NICHOLAS J. GIAMBILIS, hereinafter called "ASSIGNEE," without representation, warranty or recourse of any kind or nature whatsoever, all of her right, title and imerest in and to her purchase bid and her right to receive a Sheriff's Deed in the foreclosure sale of certain property at 207 West Pine Street, Mount Holly Springs, PA 17065 (being in South Middleton Township) at mimber 03-3814 Civil Term and hereby directs and authorizes the Office of the Sheriff of Cumberland County to designate and acknowledge Nicholas J. Giambilis as grantee on the Sheriff's Deed for the premises. IN WITNESS WHEREOF, Rosemary Acorda, intending to be legally bound hereby, has hereunto set her hand and seal, this //7 day of/7/'! /~. , 2004. . Rosemary~corda, Assigno' r ~ __(SEAL) COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the / t~ day of March, 2004, before me, the undersigned officer, personally appeared Rosemary Acorda, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my .h..and-~d official sea~ /Notary Public /// 7/ ASSIGNMENT OF SHERIFF SALE PURCHASE BID KNOW ALL MEN BY THESE PRESENTS, that NICHOLAS J. GIAMBILIS, herein called "ASSIGNOR," for value received, does hereby assign, transfer and set over to Andrew D. George and Kerrie L. George, as tenants by the entirety, hereinafter called "ASSIGNEE," without representation, warranty or recourse of any kind or nature whatsoever, all of his right, title and interest in and to his purchase bid and his right to receive a Sheriff's Deed in the foreclosure sale of certain property at 207 West Pine Street, Mount Holly Springs, PA 17065 (being in South Middleton Township) at number 03-3814 Civil Term and hereby directs and authorizes the Office of the Sheriff of Cumberland County to designate and acknowledge Andrew D. George and Kerrie L. George as grantees on the Sheriff's Deed for the promises. 1N WITNESS WHEREOF, Nicholas J. Oiambilis, intending to be legally bound hereby, has hereunto set his hand and seal, this ~,_~"?~t/day of /J~ ,2004. (SE^L) Nichol;th J. Giambflis, Assignor COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the c_-~[ 2~t day of March, 2004, before me, the undersigned officer, personally appeared Nicholas J. Giambilis, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto ~;o~