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Home My WebLink About03-5202MeCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation P.O. Box 8604 Elmhurst, IL 60126 V. Cumberland County Court of Common Pleas Scott M. Michaud 1059 York Road Dillsburg, PA 17019 and Cynthia J. Michaud 1059 York Road Dillsburg, PA 17019 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the foLLowing pages, you must take action within twenty (20) days after this co~13[aint and notice ere served, blt entering a written apf3esronce personaLLy or by attorney and filing in writing with the court your defenses or objections to the c[aime set forth against you. You are warned that if you fsi[ to do so the casemey proceed without you and · judgment may be entered against you by the court without further notice for any money cLaimed in the coepLaint or for any other claim or relief requested by the plaintiff. 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, GO 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. C~anbertand County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-~0-9108 AVISO Le hen demandado austed en La corte. Si usted quiets defenderse de estas demendss ex-puestas en as paginas siguientes, usted Liens veinte (20) dias de D[ezo aL partir de La lochs de ia demendo y La notlficocion. Hace faLLs asentar uns ceeparoncfs escrita o en persona o con un abegedo y entregar a La corte en forms escrita sus defenses o sus objeciones a Las demendas on contra de su rson., see svtsedo clue si usted no se defionde, ~a corte tomars ~idee y puede continuer La demands on contra suys sin prevto aviso o notifJcacion. Ademes, La corte puede decfdtr a favor del demendante y re~Jiero qua usted CUlqq~ts con Lodes Les provisiones de eats ~.manda. Usted puede perder dinsro o sue propiedades u otros derochos t~portontes pare nsted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABA JO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE ElVlPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENClAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. CunberLand County Bar Association Liberty Avenue Carlisle, PA, 17013 800-990-9108 MeCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MeCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation P.O. Box 8604 Elmhurst, IL 60126 Vo Scott M. Michaud 1059 York Road Dillsburg, PA 17019 and Cynthia J. Michaud 1059 York Road Dillsburg, PA 17019 Attorney for Plaintiff Cumberland County Court of Common Pleas CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Realty Corporation, a corporation duly organized under the laws of Delaware and doing business at the above captioned address. 2. The Defendant is Scott M. Michaud, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 1059 York Road, Dillsburg, PA 17019. 3. The Defendant is Cynthia J. Michaud, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 1059 York Road, Dillsburg, PA 17019. 4. On 02/28/2001, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiffwhieh mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1676, Page 189. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 1059 York Road, Dillsburg, PA 17019. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/05/2003 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. 7. The following amounts are due on the mortgage: Principal Balance Interest 01/05/2003 through 06/26/2003 (Plus $ 40.10 per diem thereafter) Attorney's Fee Cost of Suit Appraisal Fee Title Search $ 82,383.49 $ 11,299.57 $ 4,119.17 $ 225.00 $ 125.00 $ 200.00 GRAND TOTAL $ 98,352.23 8. The attomey's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with certificate of mailing. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $98,352.23, together with interest at the rate of $40.10 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TERRENCE J. Iv~7/ABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Mark Swiatek, hereby certifies that she is oreclosure Specialist of ~he Plaintiff in the within action, ~/~/~ ~/~j /~~ , and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of her 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. 'Mark Swiatek ] IF BOX IS CHECKED, TI~ MORTGAGE I8 AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCe. TH~ MORTOAG]~ is made this day .,28TH of FfiBRUARY ~001 , l~t~e~n the Momgagor, SCOH' M. MICHAIJO AI~D cYhrI'HIA J. I~I'fCHNJO HU~AND AND ~IFE (heWn "Borrower") and Mortgagee HOUSEHOLD REALTY CORPORATION a corporation orgaalzed and existing under tho laws of DELAWARE . who~ acldrcssis 25 GATEWAY DRIVE, GATEWAY SOtlARE/SUtII:. 107, blEOHANICSBL/AO, PA 17055 (h~r~qn "Lenaor" ). Thc following paragraph preceded by a checked box is spplicablo. .WHEREAS, Bol'l~ower is i~deb~ to ~der Jo thc pfincJp~ sum of $ 8~,~q .~ o~den~ by Bo~wer'$ ~ R~a~at ~d S~ufi~ ~ent or ~0ndary ~$~ ~ A~m~t ~t~ FEB~Y ~, ~1 ~d a~ e~n~o~ or ~new~s ~f {heroin 'No~'), pro~ng for montMy i~lm~ of ~ncipal and in~t, incl~iug ~y ~m~m m the amo~t o~ ~ym~ or ~e co~tr~ r~ if ~t rate ~ variable, w~th~ tho ~ia~ce of t~ i~do~n~, if [~ WHEREAS, Borrower is ind~bt~l to Lender in the prinoipal sum of $ or so much thereof as may. be advanced pursuant to Borrowcr'~ Revolving Loan Agreement date~ and extcr~o~ and renewals thereof (herein "Note"}. providing for monthly inztallm~mt$, andTfltere~;t at the cate and under tho terms b-'peoified in the Note, including any adjustmon~ in the interest rate if that cat~ is variable, and providing for a credit limit stated ii1 the pr/ncipal sum above a.nd an ihitlal advance of ~ ; TO SECURE m Lender the r~paymeot of (l) tho indebtedu~ cviden¢~l by the Note, wi~ iu~ ~er~n. incl~ing any in0ro~ if ~ con~a~ cate is variabl~ (2) f~o adv~ ~d~ a~ Re~lving ~ ~emem; (3} ~e ~ym~t of all o~ ~ms, with in~ ~n, ~v~c~ in a~ h~with to ~ot~t tho ~W of this Mo~ga~; ~d {4) ~o ~dorman~ of ~e ~v~ ~d a~m~ ~ ~wer h~ein ~nt~n~, B~w~ ~ he.by mo~$~, ~t and ~nvey to ~ ~d Lender's s~o~ ~d a~ ~e followi~ d~rj~ ~ty l~at~ in the Coun~ of ~LA~ Comm~wegth of P~l~a: · -ALL...THAT CEDTA{N PROPERTY SITUATED IN THE TOI/~SHIP OF IN THE COUNTY. OF CLI~ERLAND AND COM~ION~ALTH OF PENNSYLVAN!A · BEINgIWORE FULL.Y DESCRIBED IN A DEED DATED 07/:29/1994 AND RECORDED GR/02/1994, AMONG 'DIE_ LAND RECORD~ OF THE COUNTV AND STATE ~ FroTH AEiOVE, l. 0£1~1 VOLUIvIE 109 AND PA6E PA001291 TOGETHER with all the im, provements now. o~ hereafter erected on the property, and all · as~aents, rights, appur~nances and~ re~t~, all of which shall be dsemed to be and remain a part of the property covered by thas Mortgage,; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage iz off a-l.e~.ehold) are,hereinafter referr~ to as the "Property.~ Borrower covenants that Borro~ ~s'lawfully scl.seal of thc estate hereby conveyed and has thc right to mortgage, grant and convey tho Property, and that the property is user, cumbered, except for encumbrances of record. Bo~'owar ,covenants that Borrower warrants and wtll cl~fend generally the ~tle to the Pro.try against all claim* and demands, subject to encumbrances of record. UN~ORM CO .VENANTS. Borrower and Lender covenant and agree as follows: i. Payment of Principal and Interest at Variable Rates. This mortgage assures all payments of principal and intm~'t due on a veri~ble rate loam The contract iate of interest and payment amounts may be ~bj~ct to change as provld~d,~ in tho Note, Borrowers shall promptly pay when due all amounts r~qu[red by the NOte. ] 2. 1;Ullds for Taxes and l~urance. Sub. s to applicable law or waiver by Lender, Borrow~ shall pay to Lander on the day rner~thly ,paymen~ of prmcxpal and m,ter~t ar~ payable under the Nots. untd the Note is paid in full. a sum (hereio *Funds'} ~lual to one'~wslfth of the yearly taxes and as~m~ts (loCI'riding condominium and planned ~nit develolmaent atonements, if any) which may attain priority ,over this Mortgage-and ground re:nra on the Property, if anYl plus one-twelfth o~ yearly, premium tr~tallrnants for hazard im~ranc~,[ plus one-twelfth- of yearly premium in$'~allmeots for mortgage inm~rance, if any, a,![ aa reasonably estimated initially and from *ime to tlco~ by Lender on the basis of a~s~sments and bills and rc:~p, ablle ~dmat~ thiner. Bo~wbr shall nog bo obligated ~o make such paym~nt~ of F~nds to Lender to th~ ceg',~nt that Borrow~r maR*s'such payments to the holder of a prtor mortgage or d~d of trust if ~uch ho~der i~ an institutional le~der. ~ Borrower Pa~s Funds to Len,dcr, tl~ Fuads shall b~ held in an in~itution the deposit~ Or at. curets of W. hich arc insured or guaranteed by e F~dcral or stats agen~y"(illcludiag L~der if Lender ~a such an xnaz~tutton). Le~der shall apply the Fut~ds to pay ,said taxes, a~mant$, lllw~rar~co premxums and ground rents. Lendo~ may not sherg¢ for $o holding arid appl~iag the Fuu~, analy~ing said account or verifying and compiling ~aid at~ss,~ncfits and bills, unle~ Lend,~r pays Borrower interest on the Funds and applicable law permit~ Lender ~a mars such a charge, iiorrowex and Le~der may agrc~ in writing at the time of execution of this Mortg,ag~ that interest on thc Funds shall b~ 'paid to Borrower, and unless sunh agreement is made or applicab?, law re. quir~ such interest to bo paid, L~der shall not b~ re~ulr~l to pay Borrower any interest or eam~Ixg$ on the ~Rods. L~nder shall glvo to Borrow~r, without charge, an annual aecou~tlng of th~ ~'unds ,~howing credits and debits t9 the ~'unda and the purpo~ for which each debit to tl~c l~0nds was made. The Ftl~d.~ are pledged as sdditionaL~ourity for thc sums secured by this Mortgage. { If the amotmt of tho lc~gLs hsl~ by L~der, together with the futor~ monthly {ngtsllmenta of payable prior to the due da.~ of ta~e~, as$c~.~-mants, iasUrance pr. erninm$ sad ground rents, shall el{reed thc amount required to pay sa~d ta~ es, a.~$mer~t~ insuran¢~ premiums and ground rents as they fall ,duc, st~h exce~s shall be, at Borrower's option, ~ithor proml~tly repaid ~o Borrower Borrower on monthly il~tallmont~ of l~unds. If th~ amount of the ~unds held by L~nd~r shall not sufficient to pay taxes asc~s~ments, insurance premiums and ~r~und rents as they fall due, Borrower mba ' ' I Il pay to Leader any amount ne~ar~ to make up the deficten0y m o~ or ~ore payments as Lender Upon payment in full of all ~ums s~cured b3' this Mortgage, l.~nder shall promptly' refund to Borrower any funds held ' ' Uy Lender. If under paragraph 17 h~of the lacoperty ia sold cc the Property 02-19-01 MT¢ J PA001292 TO P.04 is atherwise-acquired by Lender, Lender shall apply, no late~ than immediately prior to Me sale of the Property or i~s acquisition by Le~der, an~, l~Unds held by against the sutrts s~oured by this Mor~g~, Lender at the time of appllca~ion as a credit 3. AppHcZtion of Peymcnts. ~Ezcept for loans mad~ purmnnt to the Pennsylvan/e Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs l mad 2 berent shall be applied by Lender first in payment of amounts payable to Lender by BOrrower under paragraph 2 hereof, then to interest, and then to the principal. 4, Prior Mortgages and Deed of Trust: Charges; Liens. BorrOwer shall perform all Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when doe. Borrower shall pay or cause to be paid all taxe~, ~sse~ments and other charges, tines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. th ,.5. I:~za~. d ins.uranen. Borrower shall keep the improvemen~ now eldstin or hetoafter erect c rrOl~rty msurco against Ios~ by five ha-~,-~- :~u.~_~ . .. _. g cd on Tho insurance Carrier providing thc ir,.~rance shall t~e chene~ by the Borrower subjec~ to approval by Lender; provided, the! such approval shall not bo unceasonsbly withheld. All insurance policie~ renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the polide~ and renewal~ · thereof, sub, est to the term~ of any mortgage, deed of tru~ or other security agrcemellt w/th a-llcn which has priority Over th/$ Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of lo~//not made promptly by Borrower_ If the Property is abandoned by Borrower, or if Borrov~r fails to respond to Lender within 30 days from the date not/ce is ma/led by Lender to Borrower that · the inSUrance carrier offe~ to settle a claim for ~.nsuranse l~cnefits, Lender is authorized to collect and apply the insurance proceeds et Lender's option c~ ther zo restorer/on or repair of the Property or to the SUms secured by this Mortgage 6. Preservation and M. ainto,~snco of PrOperty; Leaseholds; Condominiums; Planned Unit .Devc. loptnent$. Borrower shall keep thc PrOperty in good repa/r and shall not commit waste or permit ~mpmrmc~. t or deterioration of the Property and shall comply with the provisions of any les~e if this ~Mor tgage ~s on a leasehold. If th/s Mortgage/s on a unit in a condominium or a planned unit develo ~orrow. er shall l~rform all of Borrower's obligations under the ~ ...... pment, govermng the condominium or planned un/t development, thc byzlaws and regulations of the condominium or planned unit dcve2opmcnt, and constituent document~. 7. Protect/on of Lender's Security. If ]Borrower fails to perform the covenants and agreements corltained in thru Mortgage, or d any ashen or proceeding ~ corn menced wh:ch materially effects intere~ in ..the Property, then Lender, at Lender'~ option, upon notice to ]3Orrowcr, may make such appearances, allah.urge such sums, including reasonable artOrnc ~' . . . to protect I, ender g interest. . Y fee~, and take such act:on a~ le nece~ary · Anyam~unt~di~bur~dbyLe~d¢rpur~uantto.thisparag~a~h7~withinter~tthere~n~atthec~nt~act rate, shall - - - become addtttonal ~adebtedn~ of ]3orrower ~ecured by th/$ Mortgage, Unlc~ Borrower and Lender agree to ,other terms of payme~lt, such amounts shah be payable uporl notice from Lender.to Borrower rcque~ng payment thereof. Nothing contair~ed in this paragraph ? ehall any expanse or take any action hereunder, require Lender to incur 8. hspectioa. Lender may take or cause to be r~ade reasonable entries upon arid inspections of the Property, provided that Lender sh~ll g~ve Borro,w~r not~ce poor to any such mspecuon specifying restorable ca uae therefor rein te~ to l.~ader.'s in rarest l n the Property. 9. ondemnauoa. The proce~la o! any award or cla:m for damages, direct or cottsequent~al, in connection with any condern nation or other ta~iag of the Property, or pa~ thereof, or for conveyance in lieu of condemnation, are hereby a.~ign ,~d and shall be paid to Lend~, subject to the terms of any mortgage, deod of trust or oiher security agreem,'ent with s lien which has priority over this Mortgage. ~ 10_ Borrower'Not Released; ,l~orbearanee By L~nder Not a Waiver Extension of the tim= i'or p yment or modihcation of amortization of the sums secured by th~s Mortgag~ grantext by Leader to any suera~or in interest of Borrower sh~ll not operate to rel~se, in an), manner, the liability of the original Borrower and Borrower s succors m interest. Lender shall not be requlrM to commence l~eed,ngs sSa*nS such sucee~sor or r ~-ose to extend t~me for payment or otherwise modify amortizataon of the sums ,sect~'cd by this Mottgsg~ by reaso~ of any demand made by :he original ]Bon'ow~- and Bor~'ower s sucee~o~ in i oterest. An~ forbeara~.~c~ by Lender in esercisi~g any right or remedy hereunder, o~ other.rise a_F~otded b7 applicable law, shal! not ~ s waiver of or preclude the exer~i~ el sar such right or remedy. I 1 ..... The covensnt~ and .Suc. cemsors and Assigns B, ound ]'omi and Several Ltab~hty; Co-s~gners. agreements herein contained shall bind; and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrowe~, sub~¢~t to the provisions o~ paragraph 16 hereof. Ail covenants and agreements o~ Borrower shall be joiner, and several. Any Borrower who co'signs this Mortgage. but does no, t ~e~ute the Note, (a} is co-signing ~.bis Mortgage only to mortgage, grant and convey that'Borrower s interest in the Property to Lender un~tgr the terms of this Mortgage, (b}/s not per~oclally liable on the Note or under this Mortgage, and (~) agr~ modify, forbear, or make any other ~ without that Borrower's consent and BorroWer'sinterestin the Property. 12. lqot ice. Except for any noti notice to Borrower provided got in ti certified mail addres~l to Borrow, d~aignate by notice to Le~det as pr~ mail to Lender's add~ stated he Borrower as provided herein. Any z~ s that LendcT and any other Borrower hereunder may agree to extend. ccom modations with regard to the terms of this Mortgage or the Note without releasing that Borrowvr or modifying this Mortga~ a~ to that required under applicable law to be g/yea in another manner, (a) any ia Mortgage shall b~ gi yen by delivering it or by mailing such notice by at the Property Address o~ at such other addre.~ as Borrower may vided herein, and (b) any notice to Lender shall be given by certified c/o or to such other a~drc~ aa Lender rilay designate by notice :o ,ti~ provided for in this Mortgage ~hall be deemed to have been g/yen to Borrower or i~nder whoi~ given i~ the manner designated beteLS. 11. (?overnhag Law; Several: ility. The stag and local laws.applicable to this Mortgage shall b~ the laws of the iurisdiction in which .~e Prnpar~y is located. The foregoing sentence daall uot limit the applicab/lity of Federal law to thlz l~fortgage. In the event that any provl~on or clau.~ of, this Mortgage or the Note conflicts with applicable la&, sue. h conflict shall not affect other provi~ions of this Mortgage or the Note wh/ch Can be g~van effect witl}o~ the conflicting provisioh, and to this end the provisions of this Mortgage and the Note are declared to be severable. As L~d herein, 'co~," 'expenses' and 'attorneys' {ers moludeallsumstothe~xtentnotprohibitedbyappheablelaworhm~tedherem. 14. Borrower $ Copy. Borrawer shall be furm~hed a conformed copy of the Note and of this Mortgage at the time of execuliori or'after recordat/on hereo:L . 15. Rehabihtatlon Loan AgreemeaL Borrower shall fulfill all of BorroWer s obligattons under any ho .... I ' ' mo rehabilitation, :mprovemenl, repair, or other loan agreemellt wh/¢h Borrower enters into with Lender. Lender, at Lender's option! malt require Borrower to execute and deliver to Leader, in a form acceptable to Lender, ' ' ..... an assignment of any nght~, claims or defense~ which Borrower may have against part, es who supply I abet. ma ret!als qr se~-v~oe~ in comae~tion w~ t~h ~mprovern eats made to the 02-19-01 MYG . I IlIlllllllIIlIIlIIIlIllIIlIllll TO ~1~I57~81~74 P.05 ~. 'fransf~' of ~he Prope~y. If Borrower sells or ~raasfcrs a~ or any ~ of ~he ~o~ or an in~,t~n, excl~g {a) the cr~on of a h~ or ~acumb~fl~ su~dinate to th~ Mortgage, (b) a ~r ~ ~vi~, d~nt, or br ~atioa.~ law u~n the ~a~ of a ~int t~aant, {c) the of ~y le~hold ia~ of ~r~ ~ or 1~ not ~ini~ an option ~ purc~, {d) the c~ti~ of a puc¢~ mo~ey ~i~ intent.for ho~ld a~lian~, (~) a ~ to a relative f~m ~e d~th of a Bo~w~, (f) a ~a~f~ who~ ~ ~ or children of the Borrower ~me owner of ~e p~, (g} a ~ r~lting fcom a d~ of ~lutlon of m~riage, 1~I ~fio~ agr~ment, or from an inc/d~ p~ ~lsmem ag~ent, by which ~e s~ the ~w~ ~m~ ~ own~ of ~e ~o~, (h) a ~ into an in~r ~v~ ~ in which Bo~owec is ~d rem~ a ~n~i~a~ ~d which d~ not ~ate to a ~er of figh~ of in ~e pm~, or ii) any o~ tca~fer of ~it[~ d~fi~ in ~lago~ ~fi~ by the Pcde~ Home Loan B~k B~d, ~ower ~1 ~ to ~ sub.md info~afion r~uir~ by ~nd~ to evaluate ~e t~sfer~ ~ if a n~ loan w~e ~ing made m ~e ~cr~. ~r~wer will coagn~ lo ~ obli~tcd under the ~ote and ~ MOORage ~1~ ~d~ rel~ ~ow~ If ~d~r ~ not a~ to ~ ~le or tra~, ~er may d¢cl~ ~I of lhe soma ~ur~ by this Mo~ to ~ imm~ia~y d~ ~d ~yaMc. H ~d~ ~ ~ch opgon to a~el~ ~der ..m~l Borro~ nozi~ of ac~leralion in a~d~ with ~a~aph 12 h~. Such no*i~ $~]l proVUe a ~ of nos 1~ t~n ~ ~ t~m the date ~e noti~ i$ ma~ or ~iv~ wi~in which ~rrow~ may pay the 8urns ~lar~ d~. R Bo~w~ fail:; ~ ~y ~h sums pN~ to $~ e~i~tion of ~h ~iod, ~der ~y, wi~ou* fur~er nofi~ or d~and on Borrows. invoke ~y ~medi~ ~rmi~ by ~a~ 17 h~f. NON-~RM CO~. Bo~ow~ ~d ~ndcr f~nh~ covenant and a~ as follo~: . 17. A~ation; Rem~ies. ~I~pl as provided ia para~ph Ig her~f, upon Borrower's breach of any ~wena~t ~ a~ce~t of Bo~ower ~ this M~tgage, iacluding thc covenants to pay when due ~y s~m~ ~cured by ~is Mort~ge, Lender prior to ac~lcration shall give noti~ to Borrower as provld~ in paca~aph 12 hereof specifying: {1 ) the brach; (2) the action requ~ed to C~rc such breach; (~}'a ~te. not les~ ~ ~0 ~ys from the date thc no~i~ mnil~ to Bovrowec, by which such b~ach must be ~urcd: ~d (4) t~% failure to cure such br~oh on or befo~ the date s~ciflod in the noti~ may resul~ ia a~elcr~ion of the sums ~u~ed by this M~tg~ge. foreclosure by judicial p~g, and sale of ~e Prope~y. ~e noti~ shall fuffhcr inform ]Borrower of thc right to ~in~atc ~t~ a~l~tlon and ~he right to n~ in the fo~los~e ~d/ut th~ n~oxi~cn~ of a default or nny ~er defense of Borrower ~o a~l~afion and foreclosu~. If the b~each is not c~d on or before ~e. ~te specified ~ the noti~, Lend~, a~ E~ador's opfion~ may ~eol~ all of the sa~ ~urcd by .this Mortga~ to be ~medistely due and payabl~ without further darned and may for~lose Me.gage by judicial preceding. Lendec shall ~ entltlcd to coll~t in such pr~ding exposes of for~losure, including, but not limited to. re~able aZto~neys' f~s and costs of documentary evidence, ~bstracts and title rcpocts. I~_ .Borrower's Right to Rc~s~te. No~wi~l~di~ ~s a~lcrati~ of thc gums by t~ M~ge d~ m ~r~Wer's ~, ~ow~ s~1 hay6 ~e fi~t to ~w ~y ~in~ ~ by ~der ~ ~o~ ~hi~ Mort~ di~nfin~ at any limo ~ go ~ o~ a ~gm~t en[~ci~ ~ if: (a) ~w~ ~ ~ all sums which wo~d ~ th~ due uuder ~s MoP. ge and the Note h~ ~ ac~leration ~cu~cd; (b) ~ower c~ ~ b~ch~ of ~ other cove~n~ or JUH-~ ~0~ ¢~0 RM FR TO 91~15790t274 P.07 I in this Mortgage; to) Borrower pars all reasonable expe~es the cove,nanr~ and agresmen~s of Borrower contain~:l in th/s remedies as provided in paragraph 17 hereof, including, but not ~; and (d) Borrower takes such action as I~nclcc may reasonably this Mortgage, Lender's interest, in the Property and Borrower's by this Mortgage shall continue unimpa/red. Upon such paycnenT and cure bl/Bocrower, this Mortga! ~ and t.h~ obligations secured he~eblt ~11 r~n ia full for~ and ef~t aa if ao ac~l~tion h~ 19- ~si~meu/ of Ren~; ~Appointmcnt of Receiver.- ~ addifio~l ~udty he~undcr, ~ower hereby ~ w ~der[ ~e ren~ of the Pro~, ~ovld~ that ~rrower shall, prior to ~c~lcra~on ~der ~ragrap~ 17 h~f, id ab~donment of ~c Pro~, ~ve th~ right to coll~ and re~n $~h r~ ~ ~ey ~mo du~ ~d pa~ble. · U~n a~l~afion und~ ~ph 7 h~of or a~ndonm~t of ~ Pwperty, ~d~ ~hall ~titl~ ~ have a r~ ap~in~ by a ~* to ~r u~n, take ~ion of and ma~ the ~O~y and W ~11~ thc ~n~ of ~ Pro~rW including ~e ~t d~. ~1 ren~ ~llec~ by r~ver ~ ~ app~ fi~t t~ ~ym~t of ~e ~ of ma~gem~t ~ ~e Pr~ay ~d ~ll~fion of ~, i~lu~ng, but ~t l~/t~ to, r~/ve~a f~, ~i~s ~ r~i~'s ~nds ~d r~ble a~meya' f~. and ~ ~ the ~m$ ~curM by IMs Mortgage, ~e ~mv~ s~ll ~ liable ~ a~t only for tho~ r~ acidly re~iv~. 20. Release, U~n ~ymcnt ~f ~ ~ms ~ur~ by t~ Mo~, ~n~ shall rel~ Mo~ga~ wi~out chugs to ~oWer. Borrow~ s~l ~y all c~m of r~ordation, if any. 21. Waiv~ of Hom~l~d. ]~ hcreby waives ~1 right of hom~d ¢~p~on 22, Int~t Rate After lud~m~t." ~wwer a~ the int~ ~tc ~yable aft~ a ~gmcnt i$ entcr~ on ~e No~ or in an a~on of morgue foc~l~v~ ~all ~ the tale ~t~ in ~e Note. IIIIIllIIINlIlIIIlIliIIlIlll JUN' ~7 ?:~1 AM FR TO S1£157901Z74 P.08 REQUI~T FOR NOTICE OF DEFAULT AND FO1LECLO~URE UNDER SUPERIOR MORTGAGF~ OR DEEDS OF TRUST Borrower a~d Lender reqoea the holder of a~y mortgage, deed of ~ust or o~ther cacumbraace Wi~lf~ a lien which has priority over this Mortgage to give Notice lo Lender, at Ler/~et's a~drcss set lot:Il on pag~ one of this Mortgage, of any default under the superior eacumbresc#and of any sale',~t~ ~ther · . S C O~. ~r~r CYNTt:i~A J'-7~CHAUD' -Borrowcr I hereby certify that ~he precise address of the LeJlder (Mor:gagee) ir. HOUS EH 0 t D FINAN 25 GA,TE~AY DRIVe, HECHANICSRURG, PA 17050 On behalf of ~he l~nder. By: PHIL LITTERAL Title: BRANCH HANARER COMMONWEALTH OF PENNSYLVANIA, CUH~ERL~NO County ss; I: ANNE A STAFFORD a No~ary Public in and for seid ~ounty and state, doheteby oertify that SCOTT M MICI'JAUD & CYNTHIA J MTCHAUO p~soaally known to me m be :he ~ame person(~,) whose o. ame(s) are $¥bscnl~d to thc foregoing instrument, appeared before me this day in per,on, and aok~hat si~ and d~livered Thc said instrument as their . free voluntary act, ~o-~-~ uses and purposaa therein sez forth_ Oivcm under my lured and offic/al Real, this _ 28~h dayof February My Commission expires:, NOTARIAL SEAL ANNE A, 8TAFFORO, NOTARY PUIRIO llAP~ CU~IBERL~O C0~11~, 0Z-19-01 MrG Ret~ To:. R~rds Prong 577 ~mont IIiIlIlIIIIIllllllIIlllIIIIlli SHERIFF'S RETURN - REGULAR CASE NO: 2003-05202 P COMMONWEALTH OF PE~SYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS MICHAUD SCOTT M ET AL KENNETH GOSSERT , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE MICHAUD SCOTT M DEFENDANT , at 1015:00 HOURS, at 19 GGETTYSBURG PIKE #1 MECHANICSBURG, PA 17055 SCOTT MICHAUD a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 13th day of October , 2003 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this /~ day of ~ . ~/&v3_3~ A.D. ~ ~'ot~onot ary So Answers: R. Thomas Kline 10/14/2003 MCCABE WEISBERG CON-WAY SHERIFF' S RETURN - CASE NO: 2003-05202 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS MICHAUD SCOTT M ET AL REGULAR JASON VIOR3kL , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE MICHAUD CYNTHIA J DEFENDANT , at 1435:00 HOURS, at 1059 YORK ROAD DILLSBURG, PA 17019 CYNTHIA MICHAUD a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 6th day of October , 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof· Sheriff's Costs: Docketing 6.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 27.04 Sworn and Subscribed to before me this /3'~- day of ~L~ · ~-~3 A.D. thonotary So Answers: R, Thomas Kline 10/14/2003 MCCABE WEISBERG CONWAY By: ty Sheri/~ff Attorney for Plaintiff 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 Household Realty Corporation Scott M. Michaud and Cynthia J. Michaud Cumberland Cottnty Court of Common Pleas interest and costs. Judgment is entered in favor of Plaintiff, Household Realty 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 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT Procedure and assess damages as follows: Principal Interest from 6/27/03 -12/1/03 (at 40.10 per diem) TOTAL $ 6,295.70 $104,647.93 Corporation and against Defendants Scott M. Michaud and Cynthia J. Michaud and damages are assessed in the amount of $104,647.93, plus $ 98,352.23 BY THE PROTHONOTARY: Number 03-5202 Civil Term 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 Household Realty Corporation Scott M. Michaud and Cynthia J. Michaud Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-5202 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 States or its Allies, or of the United provisions of Congress of 1940 Michaud, is over otherwise within the Soldiers' and Sailors' Civil Relief Act as amended; and that the Defendant, Scott the of M. 19 eighteen (18) years of age, and resides at Gettysburg Pike #1, Mechanicsburg, PA 17055; and that the Defendant Cynthia J. Michaud is over eighteen (18) years of age, and resides at 1059 York Road, Dillsburg, PA 17019. SWORN TO AND SUBSCRIBED BEFORE ME THIS 1~ DAY OF DECEMBER, 2003. TERR]ENCIE J. McCABE, ESQUIRE Attorney for Plaintiff 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 Household Realty Corporation Scott M. Michaud and Cynthia J. Michaud Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-5202 Civil Term CERTIFICATION I specified calculable certify that the foregoing assessment of damages is for amounts alleged to be due in the Complaint and is 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 "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS 18t DAY OF DECEMBER, 2003. NOTARY PUBLIC ~(~HELLE A. I'IOI,N]~ IIIIla~ Pllbic ) Attorney for Plaintiff Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 November 10, 2003 To: Scott M. Miehaud 19 Gettysburg Pike #1 Mechanicsburg, PA 17055 Household Realty Corporation VS. Cumberland County Court of Common Pleas Scott M. Michaud and Cynthia J. Michaud Number 03-5202 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 USTED SE ENCUENTRA EN ESTADO DE REBELDIA FOR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 TJM/cc EX HIBIT Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CON-WAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 November 10, 2003 To: Cynthia J. Michaud 1059 York Road Dillsburg, PA 17019 Household Realty Corporation VS. Cumberland County Court of Common Pleas Scott M. Michaud and Cynthia J. Michaud Number 03-5202 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE YOU ~ ~ DF. FAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILI~ IN Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 US'FED SE ENCUENTRA EN F~TADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SFA pER~ONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ES CRITO CON E.STE TRIBUNAL SUS DEFENSAS U OBJECIONE~S A LOS R. ECLAMOS FORMULADOS BN CONTRA SUYO. AL NO TOMAR LA ACCION DI~IDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECF~IiDAD DE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 TJM/cc '?BIT Terrence J. MeCabe, Esquire Attorney for Plaintiff MeCABE, 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. TERREN~E J. McCABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Scott M. Michaud 19 Gettysburg Pike #1 Mechanicsburg, PA 17055 Household Realty Corporation V. Scott M. Michaud and Cynthia J. Michaud NOTICE Cumberland County Court of Common Pleas Number 03-5202 Civil Term Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esc~uire at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Cynthia J. Michaud 1059 York Road Dillsburg, PA 17019 Household Realty Corporation V. Scott M. Michaud and Cynthia J. Michaud NOTICE Cumberland County Court of Common Pleas Number 03-5202 Civil Term Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 03-5202 Civil Term Household Realty Corporation Scott M. Michaud and Cynthia J. Michaud AMOUNT DUE: $104,647.93 INTEREST: from 12/2/03- 3/3/04 $1,582.40 at 17.20 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 1059 York Road, Dillsburg, PA 17019 (More fully described as attached) PRAECIPE FOR ATTACH/4ENT 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. December 1, 2003 DATE: Print Name: TERRE~CE J. McCABE, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND, TOGETI~ER WITH IMPROVEMENTS TI~REON I~RECTED, ALL SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRII~ED AS FOLLOWS, TO WIT: BEGI~NN'ING AT STONES WHICI~ MARK THE POINT OF ADJOINDER OF THE WITHIN DESCRIBED TRACT WITH OTHER LANDS NOW OR FORMERLY OF DONALD IL OHRUM, AND OTHER LANDS NOW OR FORMERLY OF SHILLITO ENTEI~PRISES, INC.; SAID STONE PILE MARKING THE NORTFIERNMOST POINT OF ~ WITHIN DESCRIED PARCEL; TH]gNCE EXTENDING ALONG OTHER LANDS NOW OR FORMERLY OF DONALD IL OHI~UM~ SOUTIt THII~TY-T~VO DEGRI~.F.S TWENTY-TWO ~ FORTY-FIVE SECONDS EAST (S 32° 2:~ 4ff~E), FOR A DISTANCE OF SIX HUNDRED EIGIITEEN AND FORTY-SIX I41INDRETHS FEET (618.4~) TO A STEEL PIN AT LANDS NOW OR FORMFA~Y OF MN. MUMMA'$ HEIRS; THENCE EXTENDING ALONG LANDS NOW OR FORMERLY OF MUMMA'S HEIRS, SOUTH THIRTY-EIGHT DEGREI~S SEVEN MINUTES TWENTY-FIVE SECONDS WEST (S 38' 07' 2~W), FOR A DISTANCE OF THREE HUNDREI~ NINETY AND SIXTY-TItREE HUNDRETHS FEET (390.63) TO A STEEL PIN SET AT LANDS NOW OR FQRMERLY OF HOMER GLADFE. I,TER; THENCE EXTENDING ALONG LANDS NOW OR FORMERLY OF HOMER GLADFELTER, NORTH TWENTY-EIGHT DEGREES FORTY-ONE MINUTES FORTY SECONDS WEAT (N 28'4f 40' NV), FOR A DISTANCE OF SIX HUNDRED THIRTY-SIX AND TWIRTY-TWO HLrNDRETHS FEET (636.32~) TO A RAILROAD MAIL IN STONES AT LANDS NOW OR FORMERLY OF SHILLITO ENTERPRISES INC.; TI~F,~ ,NCE EXTENDING ALONG SHILLITO ENTERPRISES, INC., NORTH THIRTY-EIGHT DEGREES TWENTY-Slx MINUTES FORTY-FIVE SECONDS EAST (N 3~2¢ 4g'E), A DISTANCE OF Tfll~E HUNDRED FORTY-Slx AND FIFTY-SEVEN HUNDRETHS FEET CJ46.$7t) TO STONES AT OTHER LANDS ]NOW OR FORMERLY OF DONALD IL OHRU-M, SAID STONES MAKING THE PLACE OF BEGINNING. BEING KNOWN AS 1059 YORK ROAD, DILLSBURG, PA 17019. Being the same premises which Carl A. Erickson and Jocilyn A. Erickson, Husband and Wife by deed dated the 24th day of July, 1994, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book Volume 109, Page 620, granted and conveyed to Scott M. Michaud and Cynthia J. Michaud, in fee. TAX MAP PARCEL NUMBER: 22-12-0350-051 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5202 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD REALTY CORPORATION, Plaintiff (s) From SCOTT M. MICHAUD AND CYNTHIA J. MICHAUD (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 $104,647.93 L.L. $.50 Interest from 12/2/03 to 3/3/04 $1,582.40 at 17.20 PER DIEM At~y's Corem % Due Prothy Arty Paid $145.32 Other Costs Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) REQUESTING 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 $1.00 CURTIS R. LONG Prothonotary 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 Household Realty Corporation v. Scott M. Michaud and Cynthia J. Michaud Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-5202 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 1059 York Road, Dillsburg, PA 17019, a copy of the description of said property is attached hereto and marked Exhibit "A." Name and address of Owner(s) or Reputed Owner(s): Name Address Scott M. Michaud 19 Gettysburg Pike #1 Mechanicsburg, PA 17055 Cynthia J. Michaud 1059 York Road Dillsburg, PA 17019 Name and address of Defendant(s) in the judgment: Name Address Scott M. Michaud 19 Gettysburg Pike #1 Mechanicsburg, PA 17055 Cynthia J. Michaud 1059 York Road Dillsburg, PA 17019 whose 3. Name and last known address judgment is a record lien on the Name of every judgment creditor real property to be sold: Address 4. Name and mortgage of record: Name address of the last Mortgage Electronic Registration Systems, Inc Household Realty Corporation recorded holder of every Address P.O. Box 2026 Flint, MI 48501-2026 P.O. Box 8604 Elmhurst, IL 60126 Household Finance Household Finance Discount Company Corporation 25 Gateway Drive Suite 107 Mechanics Burg, Pa 17055 Consumer P.O. Box 8604 Elmhurst, IL 60126 Attn: Renee Turner 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) 1059 York Road Dillsburg, PA 17019 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. December 1, DATE 2003 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND, TOGETHER WITH ]IMPROVEMENTS THEREON I~RECTED, ALI, SITUATE IN ~ TOWNS/aHP OF MONROE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE PARTICULARLY BOUNDED AND DESCRII~ED AS FOLLOWS, TO WIT: BEGINNING AT STONES WHICH MARK TH~ POINT OF ADJOINDER OF TI~ WITHIN DESCRIBED TRACT WITH OTHER LANDS NOW OR FORMERLY OF DONALD IL OHRUM, AY4D OTHER LANDS NOW OR FORMERLY OF SHII.I.ITO ENTERYRISES, INC.; SAID STONE PILE MARKING THE NORTHERNMOST POINT OF ~ WITHIN DF-SCRIBED PARCEL; THENCE EXTENDING ALONG OTHER LANDS NOW OR FORMERLY OF DONALD IL OHRUM, SOUTH THIRTY-TWO DEGREES TWENTY-TWO MINUTES FORTY-F/VE SECONDS EAST (S 32* 2~ 45~E), FOR A DISTANCE OF SIX HUNDRED EIGHTEEN AND FORTY-SIX I-IUNDRETI~S FEET (618.46') TO A STEEL PIN AT LANDS NOW OR FORMERLY OF M.N. MUMMA'$ HEIRS; THENCE EXTENDING ALONG LANDS NOW OR FORMERLY OF MUMMA'S HEIRS, SOUTH THIRTY-EIGHT DEGREES SEVEN MINUTES TWENTY-FIVE SECONDS WEST (S 38' 07' 2~W), FOR A DISTANCE OF THREE HUNDRED NINETY AND SIXTY-THREE HUNDRETHS FEET (390.63) TO A STEEL PIN SET AT LANDS NOW OR FQRMERLY OF HOMER GLADFELTER; THENCE EXTENDING ALONG LANDS NOW OR FORMERLY OF HOMER GLADFELTER, NORTH TWENTY-EIGHT DEGREES FORTY-ONE MINUTES FORTY SECONDS WEAT (N 28'41' 40~ W), FOR A DISTANCE OF SIX HUNDRED THIRTY-SIX AND THIRTY-TWO HUNDRETHS FEET (636.32L) TO A RAILROAD MAIL IN STONES AT LANDS NOW OR FORMERLY OF SHILLITO ENTERPRISES INC.; THENCE EXTENDING ALONG SHILLITO ENTERPRISES, INC., NORTH THIRTY-EIGHT DEGREES TWENTY-SIX IVIINUTES FORTY-FIVE SECONDS EAST (N 38'26' 4~'E), A DISTANCE OF THREE HUNDRED FORTY-SIX AND FIFFY~SEVEN HUNDRETHS FE~ET (346.$9~) TO STONES AT OT!~ER LANDS NOW OR FORMERLY OF DONALD R. OHRUM, SA/D STONES MAKING THE PLACE OF BEGINNING. BEING KNOWN AS 1059 YORK ROAD, DILLSBURG, PA 17019. Being the same premises which Carl A. Erickson and Jocilyn A. Erickson, Husband and Wife by deed dated the 24t~ day of July, 1994, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book Volume 109, Page 620, granted and conveyed to Scott M. Michaud and Cynthia J. Michaud, in fee. TAX MAP PARCEL NUMBER: 22-12-0350-051 EXHIBIT 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 Household Realty Corporation : Scott M. Michaud and : Cynthia J. Michaud : Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-5202 Civil Term TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Scott M. Michaud 19 Gettysburg Pike #1 Mechanicsburg, PA 17055 Your house (real estate) at 1059 York Road, Dillsburg, PA 17019, 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 $104,647.93 obtained by Household Realty Corporation against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Household Realty Corporation, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. o 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.) 2 o 4 o o 7 o YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 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 HAVE A LAWYER, GO 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 Household Realty Corporation Scott M. Michaud and Cynthia J. Michaud Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-5202 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Cynthia J. Michaud 1059 York Road Dillsburg, PA 17019 Your house (real estate) at 1059 York Road, Dillsburg, PA 17019, 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 $104,647.93 obtained by Household Realty Corporation against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Household Realty Corporation, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 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 HAVE A LAWYER, GO TO OR TBLEPHONE 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 Household Realty Corporation Scott M. Michaud and Cynthia J. Michaud Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-5202 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 18th day of DECEMBER, 2004, 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 attached hereto, the letter and certificate of mailing are also made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 18th DECEMBER, 2004. NOTARY PUBLIC DAY OF T~R'RENCE J. McCABE, ESQUIRE Attorney for Plaintiff Philadelphia, PA 19109 (215) 790-1010 Household Realty Corporation Scott M. Michaud and Cynthia J. Michaud Cumberland County Court of Common Pleas Nmnber 03-5202 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 1059 York Road, Dillsburg, PA 17019, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Scott M. Michaud Cynthia J. Michaud 19 Gettysburg Pike %1 Mechanicsburg, PA 17055 1059 York Road Dillsburg, PA 17019 Name and address of Defendant(s} in the judgment: Name Address 3 o Scott M. Michaud Cynthia J. Michaud 19 Gettysburg Pike #1 Mechanicsburg, PA 17055 1059 York Road Dillsburg, PA 17019 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 Name and address of the mortgage of record: Name last recorded holder of every Address Mortgage Electronic Registration Systems, Inc P.O. Box 2026 Flint, MI 48501-2026 Household Realty Corporation P.O. Box 8604 Elmhurst, IL 60126 Household Finance ~{~b~5~ateway Drive IZXHIU/I i,t nics Burg, Pa 17055 Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IL 60126 Attn: Renee Turner 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 o 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 ) 1059 York Road Di31sburg, PA 17019 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. December 18, 2003 DATE ','~RkE~CE J. 5{~CABE, 'E~Q~I~RE Attorney for Plaintiff ExhibitA McCABE, W~ISBERG AND CONWAY, P.C. BY: TEP,RENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation Scott M. Miehaud and Cynthia J. Michaud Attorney for Plaintiff Cumberland County Court of Common Pleas Number 03-5202 Civil Term DATE: December 18, 2003 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SEERIFF'S ~a?.m OF R~AL PROPERTY OWNER(S): Scott M. Michaud and Cynthia J. Michaud PROPERTY: 1059 York Road, Dillsburg, PA 17019 IMPROVEMENTS: Residential Dwelling The above-captioned property is schedulec[ 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 rn x Household Realty Corporation, Plaintiff Scott M. Michaud Cynthia J. Michaud, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO: 03-5202 Civil Term ; : Civil Action - Law ; NOTI_.~_CE OF STAY NOTICE IS HEREBY GIVEN that Cynthia Michand, an above-named Defendant, filed a Petition under Chapter 13 of the United States Bankruptcy Code to Case No. 1:03-07163 on December 4, 2003 and as a result thereof, the above-captioned action is stayed until further Order of the United States Bankruptcy Court. Respectfully submitted, Date: Supreme Court ID 86889 Attorney for Debtor/Defendant 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 ORM Bgl (Chapter 13 Case~ (12/03'~ Case Number 1:03-bk-07163-MDF UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA Thc debtor(s) listed below filed a Chapter 13 bankruptcy case on 12/4/03. You may be a creditor of thc debtor. This notice lists important deadlines. You may want to consult an attorney to protect your fights. All documents filed in the case may be inspected at the bankruptcy clerk's office at thc address listed below. NOTE: The staff of thc bankruptcy clerk's office cannot give legal advice. See Reverse Side For Important Explanations. Debtor(s) (name(s) used by thc debtor(s) in thc last 6 years, including married, maiden, trade, and address): Cynthia J Michaud 1059 York Road Dillsburg, PA 17019 Ease Number: Social Security/Taxpayer ID Nos.: i :03-bk-07163-MD'F xxx-xx-8866 Attorney for Debtor(s) (name and address): Christopher J Keller 101 S MARKET ST MECHANICSBURG, PA 17055 T¢l_~l~nhhone number: 717 790-5451 Bankruptcy Trustee (name and address): Charles I DeHart, Ill PO Box 410 Hummelstown, PA 17036 Teleohone number: 717-566-6097 Date: February 5, 2004 Time: I1:00 AM Location: Federal Bldg, Trustee Hearing Rm, Room 1160, llth Floor, 228 Walnut Street, Harrisburg, PA Papers must be received by the bankruptcy clerk's office by ~he following dcadlincs: Deadline to File a Proof of Claim PROOF OF CLAIM FORM IS INCLUDED. All creditors who file proof of claim MUST serve a true copy of said claim upon the Chapter 13 Trustee whose name and address appear above. For all creditors (except a governmental unit): 515104 For a governmental unit: 180 DAYS FROM ORDER GRANTING REL1EF Deadline to Object to Exemptions: Thirty (30) days after thc conclusion of the meeting of creditors. Filing of Proposed Plan, Objections to the Plan: Objections to the plan must be filed within 120 days from the first date set for 341(a) meeting stated above. A copy of the proposed plan (or summary of the plan) is included. Any objections filed to thc plan that are not settled will be set for hearing, lfno objections are fileda the court ma.y. enter an order confirmin t.g th.~lan. The filing of the bankruptcy case automatically stays certain collection and other actions against thc debtor and the debtor's property, and certain codebtors.:mors, lrlfyouyou aucmattcm rt Tote co,ccollect a debt or take other action in violation~cot'the Bankru tc uoac,Code, ouou mama beoe enanzeo.enafized. Address of the Bankruptcy Clerk's Office: U.S. Bankruptcy Court Clerk of thc Bankruptcy Court: PO Box 908 Arlene Byers Harrisburg, PA [7108 Telephone number: 717-901-2800 Hours Open: Monday - Friday 8:00 AM - 5:00 PM iDate: 1/7/04 EXPLANATIONS FORM Bgl (12/02 Filing of Chapter 13 Bankmptay Case A bankruptey case under chapter 13 of the Bankruptcy Code (title 1 I, United States Code) has been film in this court by the debtor(s) listed on the front side, and an order for relief has been entered. Chapter 13 allows an individual with regular income and debts below a specified amount to adjust debts pursuant to a plan. A plan is not effective unless confirmed by the bankruptcy court. You may object to confirmation of the plan and appear at the hearing on your objection. The debtor will remain in possess on of the debtor's rue ' the debtor's business, if any, unless the court orders otherwise. P p rty and may continue to operate Creditors May Not Take Certain Actions Meeting of Creditors Prohibited collection actions against the debtor and certain codebtors arc listed in Bankruptcy Code § 362 and § 1301. Common examples of prohibited actions inc ode contacting the debtor by te ephone, mail or otherwise t_o, demand repayment; taking actions to collect money or obtain property from the debtor; rcpos~ss.ing the debtor s property; starting or continuin~ lawsuits or foreclosuresi and garnishing or deductin/~ from the d6,,io 'a wases. A meedng of creditors is scheduled for the date, time and location listed on the front side. The debtor (both spouses in a joint case) must be present at the meeting to be questioned under oath by the trustee, and by creditor& Creditors are welcome to attend, but are not required to do So. The meeting may be continued and'concluded st a later date without any f~rther notice. Claims ' A Pr~~f ~f C~aim is a signed statement describing a creditor's ~~aim. ~f a Pm~f ~f C~aim f~rm is n~t inc~ud~d with tthis~.n, otic?., you. ca.n~.obtai~ one at any bankruptoy clerk's office If you do not file a Proof of Claim by the Deadline o vile a rroolor tclalm listed on the front s de, you might not be paid any money on your claim a~gainst the debtor in the bankruptcy case. To be paid you must file a Pruof of Claim even if your claim is listed in the schedules filed by the debtor. Discharge of Debts The debtor is seeking a discharge of must debt~, wh ch may include your debt. A discharge means that you may never try to collect the debt from the debtor. Exempt Proper~ The debtor is permitted by law to keep certain property as exempt. Exempt property will not be sold and distributed to creditors, even i~the debtor's case is converted to chapter 7. The debtor must file a llst of all property claimed as e.x.empt.. You may t .uspect that list at the bankruptcy clerk's office. If you believe that an exemption claimed by the aantor ~s not authorized by law you may fie an object on to that exemption. The bankruntcy clerk s office must receive the objection by thc **D,~a!!**~ to Object to Exemptions** listed on thc front sloth. Any pa~cr that you file in this bankruptcy case shou d be filed at the bankruptcy ~lerk's office at the address listed on thc front side. You may inspect all papers filed, nc uding the list of thc debtor s property and debts and the list o property claimed as exempt, at thc bankruptcy clerk's office. Bankruptcy Clerk's Office Legal Advice The staffof tbe bankruptcy clerk's office cannot give legal advice. You may want to consult an attorney to protect your rights. -- Refer to Other Side for Important Deadlines and Notices -- RAPID DATA ACCESS: We encourage you to register with our Public Access to Court Electronic Records System '"PACER") by calling 1-800-676-6856. IMPORTANT NOTICE: For security reasons, photo identification may be requi~ed to attend this meeting. COPY REQUESTS: To obtain copies of documents, send a written request to the Clerk's Office as listed on this notice. Household Realty Corporation, Plaintiff Scott M. Michaud Cynthia J. Michaud, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO: 03-5202 Civil Term : _. : Civil Action - Law CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire hereby certify that I have served a copy of the foregoing document on the following persons by depositing a tree and correct copy of the same in the United States Mail, First Class, on January 15, 2004, postage pre-paid, addressed as follows: United States First Class Mail, postage prepaid Terence J. McCabe, Esquire Attorney for Plaintiff McCabe, Weisberg and Conway, PC 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 Date: January 15, 2004 Christopher J. I~eller Supreme Court ID# 86889 101 South Market Street Mechanicsburg, PA 17055 Counsel for Defendant Cynthia Michand (717) 790-5451 Household Realty Corporation VS Scott M. Michaud and Cynthia J. Michaud In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5202 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Terrence McCabe. SherifFs Costs: Docketing 30,00 Poundage 10.01 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 30.00 Service 20.01 Law Journal 246.80 Patriot News 97.90 Law Library .50 Prothonotary 1.00 Share of Bills 29.32 $ 510.54 paid by attorney 02/24/04 Sworn and subscribed to before me So Answers: --, R. Thomas Kline, Sheriff 2004, A.D.(~z~ /~. '~J~.~,4~ BY '~JtlO~, ~ Prothonotary Real Estaf/e Deputy THE PATRIOT NEWS TIlE SUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 StreeL 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 day(s) of January 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 DaU. l~h[n in Miscellaneous Book "M", Volume 14, Page 317. ~~ PUBLICATION ............................................................................... COPY Sworn to and sub is 23rd day~; Febp,m~y 2004 A.D. SALE #57 Notarial Seal ~_/,/./~y./~ ~~/ // · Te~J L. F~ u, ssell, ~Notal~ Publ City Of HamsDu~, uaupr,n County N(~'I~ARY PUBLIC My C(x~mission Expires June 6, 2006 Member, Pennw~vaniaAssoda~ofN~a~Y 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 $ 97.90 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. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : _. COUNTY OF CUMBERLAND : SS, Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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. R~AL ~TATS 9AL~ NO. 57 Writ No. 200345202 Civil Household Realty Corporation Scott M. Mtohaud and Cynthia d. Miohaud Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, together with improvements thereon erected, all situate in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylva- nia, being more particularly bounded and described as follows, to wit: BEGINNING at stones which nmrk the t~int of adjoinder of the within described tract with other lands now or formerly of Donald R. Ohrum, and other lands now or for- merly of Shillito Enterprises, Inc.; said stone pile marking the narth- ernmost point of the within de- scribed parcel; thence extending along other lands now or formerly of Donald 1~ Ohrum, South thirty~ '~sa ~darie Coyne, E~itor SWORN TO AND SUBSCRIBED before me this 30 .day of JANUARY 2004 LOIS E. SNYDER, Notary Pubtic Carlisle Boro, Cumbeflsml County I~y Commission F..~ims March 5, 200~ said stone pile markffig the north- ernmost point of the within de- scribed parcel; thence extending along other lands now or formerly of Donald R. Ohrum, South .thirty- two degrees twenty-two minutes forty five seconds East (S 32° 22' 45" E). for a dlstzmce of six hundred eighteen and fon*y six htmdreths feet 1618.46'] to a steel pin at lands now or formerly of M.N. Mumma's heirs: thence extending along lands now or formerly of Mumma's heirs. South thirty-eight degrees seven minutes twenty-five seconds West [S 38° 07' 25" V0, for a distance of three hun dred ninety and six~y-three hun dreths feet (B90.631 to a steel pin set at lands now or formerly of Homer Gladfelter; thence ex,ending along lands now or formerly of Ho- mer Gladfelter. north twenty eight degrees forty one minutes forty sec- onds West IN 28° 4l' 40" W}, for a distance of six hundred thirty-six and thirty-two hundreths feet 1636- .B2'] to a railroad mail in stones at lands now or formerly of Shillito Enterprises Inc.; thence extending along Shillito Enterprises, Inc., North thirty-eight degrees tumnty-six minutes forty five seconds East (N 38° 26' 45" E), a distance of three hundred forty six and fifty-seven hundreths feet (B46.57'1 to stones at other lands now or formerly of Donald 1~ Ohrum, said stones mak lng the place of beginning. BEING KNOWN AS 1059 YORK ROAD, DILLSBURG. PA 17019. Being the same premises arhich Carl A. Erickson and docilyn A. Erickson, Husband and Wife by deed dated the 24th day of July, 1994. and recorded in the Office of the Recorder in and for Cumberland County in Deed Book Volume 109, Page 620, granted and conveyed to Scott M. Michaud and Cynthia d. Michaud, in fee. TAX MAP PARCEL NUMBER: 22-12 0350 051.