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HomeMy WebLinkAbout08-0033IYD McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation P.O. Box 8604 Elmhurst, IL 60126 V. James Salisbury 53 Helen Avenue Shippensburg, PA 17257 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 68 -'33 (2 IV ( I -Farm 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 complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de 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. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus 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 provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Household Realty Corporation, a corporation duly organized and doing business at the above captioned address. The Defendant is James Salisbury, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 53 Helen Avenue, Shippensburg, PA 17257. On 06/28/2005, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to MERS, Inc. as Nominee for Advanced Financial Services, Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1913, Page 0999. 4. The aforesaid mortgage was thereafter assigned by MERS, Inc. as Nominee for Advanced Financial Services, Inc. to Household Realty Corporation, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 53 Helen Avenue., Shippensburg, PA 17257. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/05/2007 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 $ 54,099.10 Interest through 12/21/2007 $ 2,297.42 (Plus $ 16.75 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 166.25 GRAND TOTAL $ 57,812.77 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 a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $57,812.77, together with interest at the rate of $16.75 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG, AND CONWAY, P.C. BY: V mil' / Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE. MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/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. McCABE, WEISBERG, A D CONWAY, P.C. BY: Attorn ys for Plaintif TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE j -?r,EF:ir ' QF DEET 'WI 1945 JUI. 5 ?? 10 26 Prepared By: Amy Wharton 25 Enterprise Canter, Newport, RI 02842 (401)434-5500 Return To: Advanced Financial Services, Inc, 25 Enterprise Center Newport, RI 02842 parcel Number: Premises: 53 Nolen Avenue 39-36-2438-046 Shippensburg 16pwA Above 110 Lae For Reeord(aa Date] MORTGAGE MIN 100049700006441584 THIS MORTGAGE is made this 28th day of Juno, 2005 , between the Mortgagor, James Salisbury (herein "Borrower"), and the Mortgagee, Mortgage Electronic Registration Systems, IDC- ("MFRS"), (solely as nominee for Lender, as hereinafter defined. and Lender's successors Delaware and has an address andtelephassigns), MERS One number of t P.O. Box 2026, Flint, MI MIn485011-2026 $tel. a (888)679-MFRS. Advanced Financial services, Inc. ("Lauder") is organized and existing under the laws of State of R ode 844?d and has an address of 25 Enterprise Center, Newport, WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 57, 550.00 which indebtedness is evidenced by Borrower's note dated June 28, 2005 extensions and renewals thereof (herein "Note"), providing for monthly instalknents of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on July 5, 2020 5-644158 0760 2005-644158 PENNSYLVANIA -SECOND MORTGAGE - 1/80 - FNMAIFHLMC UNIFORM INSTRUMENT WITH MERE Form 3839 ®J6N(PA) (08021 Arnendod 6/02 Pp" 11 d e kinds: 6 VMP Monga p WWI", bw. (8001621-7281 Exhibit A B11913PGO999 ? ,. {? ? ? ? TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protei t the security of this Mortgage; and the performance of the covenants and agreements of Borrower contained, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the County of Cunberland State of Pennsylvania: See Attached exhibit A which has the address of 53 Helen Avenue [s-1 Shippensburg [City]. Pennsylvania 17257 [ZIP Code] (herein "property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the Icasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Mortgage; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's auccessots and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of lender including, but not limited to, releasing or canceling this Mortgage. Borrower covenants that Borrower is ]awfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and lender covenant and agree as follows; 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sun (herein "Funds") equal to one-twelfth of the yearly taxes and 2005-644158 5-,§¢4158 0760 PMP z d s Form 3839 -78NIPA1 rosozc fl? BK 1913 PG 1000 asaessmeata (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one•twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to to the holder of a prior mortgage or deed of trust Linder to the extent that Sorrowcr makes such PaYsnents if such holder is an institutional lender. is or accounts If Borrower pays Funds to Leader, the Rinds shall be held in an institution eeif?imde' is such is of which are insured or guaranteed by a federal or state agency (including institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for s0 holding and applythe Funds. analyzing said account or verifying and compiling said assessments anal bills. unless pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Linder may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, wi or which each debit to accounting of the Funds showing credits and debits to the Funds and the purpose the Funds was made. The Funds are pledged as additional security for the sums secured by this M rtgage. If the amount of the Funds held by Lander, together with the future monthly installments payable prior to the due dates of taxes, assessments, insurance premiums and groom rents' shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fail due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held fell nde Borrower be ssupayt tot Lender taxes, assessments, insurance premiums and ground rents as they any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property ds sold or the Property is otherwise acquired by Lender, Leader shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the tithe of application as a credit against the sums secured by this Mortgage. 3. Aden the N e nd pa agr hsl?s? 2 heereof shaPll be applied by Landerr firsstt in payment of Lender under the Note and y rro h 2 hereof, then to interest payable on the Note, amounts payable to Lender by Borrower under paragrap and then to the principal of the Note. 4. Prior Mortgages and Deeds of 'Nast; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, dead of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire. hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender, provided. that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Linder and shall include a standard mortgage clause in favor of and in a form acceptable to Tender. Lender shall have the right to hold the policies and renewals 2005-644158 58 0760 innw.: ?g. a m a Form 3839 78NIPA1 rosoxi ot1913PG 1001 thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lander. Leader may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Leader is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominium; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is to a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Leader's interest in the Property, then lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such am, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Larder required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragrapph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may matte or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condensation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall act be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the an= secured by this Mortgage by reason of any demand trade by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 2005-644158 5-04158 0760 In1UMt:_ IT'?'1? at-76N(PA) 05021 Pogo a of a Form 3838 84 19 13PG 1002 Bound; Joint and Several Liability; Co"aigners. The covenants and 11. Sutx?m and A herein contained shall hall bind, and the rights hereunder shall inure to, the respective successors agreerr?ents and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and does agreements of Borrower shall be joint and several. Any Borrower who co-sigma this convey Borrower s not execute the Note, (a) is co-signing this Mortgage only to mortgage, grani (table on the Note interest in the Property to Lender under the term of this Mortgage, (b) is not personally to extend, any other Borrower hereunder may agree or under this Mortgage, and (c) agrees that Lender and regard to the terms o Mortgage or the Note modify, forbear, or nuke any other accornmodations with without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable laawbto be delivering it oanoth i sianne such any notice to Borrower provided for in this Mortgage shall be given Address or at such other address as notice by certified nail addressed to Borrower at the Property Addr an notice to Leader shall a Borrower may designate by notice to Lender as provided herein, and (b) Y given by certified mail to Lender's address stated herein or for other iii ib ss asgle Lender be deemed to by notice to Borrower as provided herein. Any notice provided have been given to Borrower or Lender when given in the trimm designated herein. 13. Governing Law; Severability. The state and local tlaws applicable tthis Mortgage s allul b the laws of the jurisdiction in which the Property this Mort applicability of federal law to this Mortgage. In the event that any provn or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other pro the Note which can be given effect without the conflicting provision, and to this end the p and isions of this attorneys' Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Benc&W Interest in Borrower' If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is no a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by this Mortgage. If Borrow all this pay sums without further prior expiration of this period, Lender may invoke any remedies pennitted notice or demand on Borrower. 2005-644158 5-?j44158 0760 a? 6 of 8 irons, 3638 at-76WTAl (0502) a 19 13PG 1003 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Amiaation; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any dens secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided by applicable law specifying, among other things; (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to ewe such breach on or before the deft specified In the notice may result In acceleration of the sums secoma by this Mortgage, foreclosure by judicial proceeding, and sale of the property. The notice shall furtber inform Borrower of the right to reinstate after accderation and the right to assert In the foreclosure proceeding the nonexistence of a default or any other ddmse of Borrower to acceleration and foreclosure. I< the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums seemed by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Linda shag be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, remnable attorneys' fees, and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sutras secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriffs We or other We pursuant to this Mort gage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expense incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lenders remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' foes; and (d) Borrower takes such action as Leader may reasonably require to assure that the lien of this Mortgage, Lender's interest in the property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and core by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. mo suer shall, hereunder. Borrower hereby assigns to Lander othe rents of the r abandonment of thProp Property, have the right to collect prior to acceleration under paragraph able. and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on raeiver's bond and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 2005-644156 58 0760 u?aw: 4R•78NIYA1 waozi coo. a at a Form 3839 811913K1004 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and bender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Noticeto I?r, at Lenfdd 's address set forth on page one of this Mortgage, of any default under the super) action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. (Seal) 4:Y f'? /?favu, Jaws a isry -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower (SCA) -Borrower (Seal) -Borrower (Seal) -Borrower (Sign Original Only) 2005-633158 ®-76NIPA) (0502) Pepe 7 of 8 5-634158 0760 Form 3838 51913PG 1005 )eL County ss: COMMONWEALTH OF PENNSYLVANIA, Ctabaslaa- before me, the undersigned officer, Oo this, the 28th day of Jura, 2005 personally appeared Janas Salisbury ]mown to me (or satisfactorily proven) to be the person(s) whose name(s) Ware subscribed to the within instruttient and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto ad my hand and official seal. My Commission Expires: /-7 ,a X) `f Q?,yrg,s? P sY v ? I NotwW Sad GrA* 7horra g?a, FnM Notwy nuntY My cormoswo ernrsa j7 2we Mwnbw, PennsY•van,a Amodadon of NoWn Title of Officer Certificate of Residence do hereby certify that I, EQUITY TITLE i CLOSING SERVICES-2026. the correct address of the within-named Mortgagee of ?0 2005 Witness my hand this 28th 2005-644158 at•76WPA) Kw2i I TITLE i CLOSING SERVICES AgentofMottPgae Pme 8 of a 56 0760 IniriW: Form 3839 SK1913PGI006 1051848 53 Helen Avenue Southampton, Pennsylvania 17257 James Salisbury EXHIBIT A That certain piece or parcel of land, and the buildings and improvements thereon, known as 53 Helen Avenue located in the Township of Southampton, County of Cumberland, and State of Pennsylvania, and being more particularly described in a Deed recorded at Book 243, Page 348 of the Cumberland Land Records. For title reference see Deed recorded August 15, 2001 Book 243, Page 348 1 Certify this to be recorded In Cumberland County PA Recorder of Deeds N't'913?G 1001 W 1. ? "? MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Realty Corporation Cumberland County Court of Common Pleas V. James Salisbury Number 08-33 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. ERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff C= C= VF7 ,` rn }nom 00 l SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00033 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS SALISBURY JAMES R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SALISBURY JAMES but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT SALISBURY JAMES 53 HELEN AVENUE SHIPPENSBURG, PA 17257 PER POST OFFICE DEFENDANT LIVES AT 197 PARK HEIGHTS SHIPPENSBURG- FRANKLIN COUNTY. Sheriff's Costs: Docketing 18.00 Service 19.20 Not Found 5.00 Surcharge 10.00 .00 V21416F 52.20 So answer :-T R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 01/17/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY S CASE NO: 2008-00033 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS SALISBURY JAMES R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SALISBURY JAMES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 18th , 2008 , t attached return from FRANKLIN s office was in receipt of the Sheriff's Costs: So Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Cc 43.10 Sh Postage .97 81. 07 ? c, ?a q?, 09 06/18/2008 MCCABE WEISBERG CONWAY Sworn and subscribe to before me this day of nomas aline iff of Cumberland County A. D. In The Court of Common Pleas 'of Cumberland County, Pennsylvania Household Realty Corporation vs. James Salisbury No. 08-33 civil Now, February 7, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to 20 , at o'clock copy of the original M. served the the contents thereof. So answers, Sheriff of COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00030 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN HOUSEHOLD REALTY CORPORATION VS JAMES SALISBURY DANE M ANTHONY , Sheriff C?tm{peCta?rc? couo+ # 08- 33 d who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: SALISBURY JAMES but was unable to locate Him in his bailiwick. He therefore returns the REIN COMP MORT FORE the within named DEFENDANT , SALISBURY JAMES 197 PARK HEIGHTS AVENUE NOT FOUND , as to SHIPPENSBURG. PA 17257 CLAIMS NEVER OWNED(PROVEN BY SSN Sheriff's Costs: So an s: Docketing .00 0 el Service .00 Affidavit .00 DANE M ANTHONY Surcharge .00 DANE M ANTHONY, Sheriff .00 .00 MCCABE WEISBERG & CONWAY 06/05/2008 Sworn and subscribed to before me this S?4L day of A.D. Nota y NoWW SW Ridwd D. McC", NotKy Public ChambersNn Moro, Freuldin County M Commission E Jan. 29 201 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 Attorney for Plaintiff First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation P.O. Box 8604 Elmhurst, IL 60126 Cumberland County Court of Common Pleas V, James Salisbury 53 Helen Avenue Shippensburg, PA 17257 Number 08-33 Civil MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, James Salisbury, at the mortgaged premises of 53 Helen Avenue, Shippensburg, PA 17257. However, the Sheriff advised that he was unsuccessful as the Defendant moved to 197 Park Heights, Shippensburg, PA 17257. A true and correct copy of the Sheriffs's Return indicating the same is attached hereto as exhibit "A". Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, James Salisbury, at his last-known address of 197 Park Heights, Shippensburg, PA 17257. However, the Sheriff advised that Mr. Salisbury claimed not to be the James Salisbury that is the Defendant in our action and proved the same with his social security card. A true and correct copy of the Sheriffs's Return indicating the same is attached hereto as exhibit "B". 3. Plaintiff has searched for a forwarding address with the local postal authority but no change of address order is on file. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C"). 4. Plaintiff has checked the Local Telephone Directory for an address for Defendant but there is no listing for the Defendant in or around the Shippensburg area. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C"). Plaintiff has attempted to make inquiry with Defendant's neighbors but was unable to get responses after several messages left. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C"). Plaintiff has made inquiry of the local tax bureau who advised that tax bills are mailed to the property address of 53 Helen Avenue, Shippensburg, PA 17257. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C"). 7. Plaintiff has made inquiry with the Social Security Administration and found no death record for the Defendant, James Salisbury, under his name or social security number. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C"). 8. Plaintiff has made inquiry with The Cumberland County Office of Voter Registration, but the Defendant is not registered to vote in Cumberland County. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C"). If service cannot be made on the Defendant, James Salisbury, the Plaintiff will be prejudiced. 10. There are no cases currently pending before any Judge in Cumberland County, nor any cases previously decided by any Judge in Cumberland County, which are related to this case. 11. There is no opposing counsel of record in this case as this Motion is an uncontested Motion for Alternative Service. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, James Salisbury, by regular mail and certified mail, return receipt requested and by posting at the Defendant's last known address and the mortgaged premises known in this herein action as 53 Helen Avenue, Shippensburg, PA 17257. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Household Realty Corporation Plaintiff V. James Salisbury Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-33 Civil AFFIDAVIT OF NON SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief That he is counsel for the above-named Plaintiff; That pursuant to the Sheriff of Cumberland County, the Defendant was not served with the Complaint in Mortgage Foreclosure as: per the sheriff, defendant moved.. A Sheriff's Affidavit of no service will be duly filed of record with the court. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF , 2008 464 NOTARY PUBLIC SEAL Ck AH°hw1 NoftryP ZXHI?'"T A SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00030 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN HOUSEHOLD REALTY CORPORATION VS JAMES SALISBURY DANE M ANTHONY Camber10r4 Lour * o8- 33 , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SALISBURY JAMES but was unable to locate Him in his bailiwick. He therefore returns the REIN COMP MORT FORE , the within named DEFENDANT SALISBURY JAMES 197 PARK HEIGHTS AVENUE SHIPPENSBURG, PA 17257 CLAIMS NEVER OWNED(PROVEN BY SSN) Sheriff's Costs: Docketing Service Affidavit Surcharge , Sheriff So an s: .00 .00 .00 D M ANTHO .00 DANE M ANTHONY, Sheriff .00 .00 MCCABE WEISBERG & CONWAY 06/05/2008 Sworn and subscribed to before me this S?4- day of lzz? A. D. Notafy C/ NoWNSW &dWnd D. MX", NdKy Pd& Ch=bec6n Bono, ftwk ffi Caney M NOT FOUND , as to rN it 7? T i " j 2 3yabq LARRY DEL VECCHIO PROCESS SERVER FOR A.O.S.S. P.O. BOX 344 CHALFONT, PA 18914 (215) 491-4469 (215) 491-4473 FAX HFCBFC et al vs. JAMES SALISBURY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. NOT YET ASSIGNED LAST KNOWN ADDRESS: 53 Helen Ave, Shippensburg, PA 17257 LOAN NUMBER 96-1400 PA /34289 AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certify that on December 26, 2007, a good faith effort was made to discover the correct address of said defendant (s), by: 1. Inquiry of Postal authority, Postal authority stated the defendant has no change of address 2. Examination of local telephone directories, 411 assistance and Internet records; There is no listing for the defendant in or around the Shippensburg area 3. Neighbor Contacts: Michael Gephart, 54 Helen Ave, (717) 532-3677, left messages with no response James Blankenship, 50 Helen Ave, (717) 530-1266, left messages with no response 4. Tax Information: Tax office mails bill to property: 53 Helen Ave. 5. Death Records: Social Security has no death records for the defendant under his SSN or name 6. Voter Registration: Defendant is not registered I certify that this information is true and correct to the best of my knowledge, information and belief. BY: NOTARY PUBLIC: Sworn to and descnd before this a day of 2008 9-:vMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ROSEANN C. NAG LE, Notary Public Warrington Twp., Bucks County My Commission Expires January 9, 2011 Larry Del Vecchio, Process Server EXHIBIT C LARRY DEL VECCHIO PROCESS SERVER FOR A.O.S.S. P.O. BOX 344 CHALFONT, PA. 18914 December 26, 2007 Postmaster Shippensburg, PA 17257 (215) 491-4469 FAX (215) 491-4473 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address ( if a boxholder) for the following: Name: James Salisbury Address: 53 Helen Ave Shippensburg, PA 17257 The following information is provided in accordance with 39 CFR265.6(d) (4) (ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for A.O.S.S. (Rule 400. Lb) 3. The names of all known.parties to this litigation: HFCBFC et al vs James Salisbury 4. The court in which the case has been or will be heard: Cumberland County, PA, Court of Common Pleas 5. The docket or other identifying number if one has been assigned: Not yet assigned 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 510,000.00 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE P.O. Box 344 LARRY D - CC Chalfont, PA. 18914 For A.O.. . FOR THE POST OFFICE USE ONLY ?( NO CHANGE OF ADDRESS ORDER ON FILE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation P.O. Box 8604 Elmhurst, IL 60126 Cumberland County Court of Common Pleas V. James Salisbury 53 Helen Avenue Shippensburg, PA 17257 Number 08-33 Civil MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. TERRENCE J. McCABE, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation P.O. Box 8604 Elmhurst, IL 60126 Cumberland County Court of Common Pleas V. James Salisbury 53 Helen Avenue Shippensburg, PA 17257 Number 08-33 Civil CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 5'' day of August 2008, upon the following: James Salisbury 53 Helen Avenue Shippensburg, PA 17257 ERRENCE J. McCABE, ESQUIRE VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE 4k HOUSEHOLD REALTY IN THE COURT OF COMMON PLEAS OF CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW JAMES SALISBURY, Defendant NO. 08-0033 CIVIL TERM ORDER OF COURT AND NOW, this 20'x' day of August, 2008, upon consideration of Plaintiff's Motion To Allow Service on the Defendant Pursuant to Pa. Rule of Civil Procedure 430, it is ordered and directed that Plaintiff may serve the Complaint upon the Defendant by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at 53 Helen Avenue, Shippensburg, Pennsylvania 17257, service to be complete upon mailing, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 53 Helen Avenue, Shippensburg, Pennsylvania 17257. SUBSEQUENT papers may be served by regular mail to Defendant at the aforesaid Helen Avenue address with service to be complete upon mailing. BY THE COURT, J. esley Oler, ., Terrence J. McCabe, Esq. First Union Building 3 South Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff :rc J. lt.X. t3 tt !? v,.ino ?s •01 V I Z AY Qgoz MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation Plaintiff V. James Salisbury Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-33 Civil Term TO THE PROTHONOTARY: PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. ljic?t4-44 TERRENCE J. McCABE, ESQ IRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff HOUSEHOLD REALTY CORPORATION, Plaintiff V. JAMES SALISBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-0033 CIVIL PERM ORDER OF COURT AND NOW, this 20th day of August, 2008, upon consideration of Plaintiff's Motion To Allow Service on the Defendant Pursuant to Pa. Rule of Civil Procedure 430, it is ordered and directed that Plaintiff may serve the Complaint upon the Defendant by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at 53 Helen Avenue, Shippensburg, Pennsylvania 17257, service to be complete upon mailing, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 53 Helen Avenue, Shippensburg, Pennsylvania 17257. SUBSEQUENT papers may be served by regular mail to Defendant at the aforesaid Helen Avenue address with service to be complete upon mailing. BY THE COURT, J. esley Oler, ., J. T ence J. McCabe, Esq. first Union Building 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff :rc McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Realty Corporation P.O. Box 8604 Elmhurst, IL 60126 V. James Salisbury 53 Helen Avenue Shippensburg, PA 17257 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number OB - 33 Cv J t i C: vi ( IennS? 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 complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 AV-ISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas ex-puestas on las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o on persona o con un abogado y entregar a la torte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y regniere qne nstnd rnmrla can Was las prnvisinnes de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Household Realty Corporation, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is James Salisbury, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 53 Helen Avenue, Shippensburg, PA 17257. 3. On 06/28/2005, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to MERS, Inc. as Nominee for Advanced Financial Services, Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1913, Page 0999. 4. The aforesaid mortgage was thereafter assigned by MERS, Inc. as Nominee for Advanced Financial Services, Inc. to Household Realty Corporation, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 53 Helen Avenue., Shippensburg, PA 17257. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/05/2007 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 $ 54,099.10 Interest through 12/21/2007 $ 2,297.42 (Plus $ 16.75 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 166.25 GRAND TOTAL $ 57,812.77 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 a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $57,812.77, together with interest at the rate of $16.75 per diem and other costs and charges collectible under the mo, tgugu mid fur the foreclosure and sale of the mortgaged property. McCABE, WEISBERG, AND CONWAY, P.C. ?• BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE 4 MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/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. McCABE?j,,WEISBERoG, A D/CO/N?WAY, P.C. BY:/I' v(Oi.2f A Attorn6ys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE a ?) J 1I T'. ZIEGLEF C?i?t?DER OF DEC E Rt. jug 5 ?? la Zs Prepared By: Amy 1lharton 25 Enterprise Center, Newport, RI 02842 (401)434-5500 Return Tu: Advanced Financial Services, Inc. 25 Enterprise Canter Newport, RI 02842 Parcel Number: Premises: 53 Helen Avenue 39-36-2438-046 shilppensburg Maw Ab4on Thb Ltee For Rawdt Dare] MORTGAGE MIN 100049700006441584 THIS MORTGAGE is made this 28th day of June, 2005 , between the Mortgagor, James Salisbury (herein "Borrower"), and the Mortgagee, Mortgage Electronic Registration Systems, Inc. ("MFRS"), (solely as nominee for Leader, as hereinafter defined, and Leader's successors and assigns). MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. Advanced rinancial Services, Inc. ("Leader') is organized and existing under the laws of state of Rhode Island and has an address of 25 Enterprise Center, Newport, RI 02842 WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $ 57, 550.00 which indebtedness is evidenced by Borrower's rote dated Juror 28, 2005 and extensions and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on July 5, 2020 2005-644156 5-644158 0760 PENNSYLVANIA - SECOND MORTGAGE - 1180 - FNMA1FlILMC UNFORM NETRUMENT WN MERs Fonn 3839 ®-76NIPA) whom Amended 6102 pop lies M-:6 VMP Mmb"" sokmam toe. 18001621-7791 r? ahibitA 8111913PGO999 TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other ewer, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the perfommnce of the covenants and agreements of Borrower herein gained, Borrower does hereby mortgage, pot and convey to MERS (solely as nominee for Leader and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located In the County of Cwsbasiatnd , State of Pennsylvania: 8ta Attached inhibit A which has the address of 53 Melon Avenue [sane] shippensb-v [City]. Pennsylvania 17257 1W Codel (herein "Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Mortgage; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Leader's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Mortgage. Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered. except for encianbranaa of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Leader covenant and agree as follows: 1. Payment of PdDdpal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note sod late charges as provided in the Note. 2. F%mdo for Tarty and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a shun (herein "Funds') equal to one-twelfth of the yearly taxes and 2005-644158 5-,¢ I58 0760 u+ew: 4ft-76NIPAI W021 Pop 2,0 e F. 3639 B(1913 PG 1000 assessments (including condominium and planned unit development assessments, if any) which may strain priority over this Mortgage snd ground razors on the Property, if any, plus oaie-twelftb of yearly premium installments for hazard isaaranoe. phis comwelfW of yearly premium installments for mortgage insurance. if any, all as reasonably estimated initially sod from time to time by Leader an the basis of assessments and bills and reasonable asimstas thereof. Borrower shall not be obligased to malre such payments of Funds to I ender,to the extent that Borrower makes such payments to the bolder of a prior mortgage or deed of trust if snob holder Is an institutional hander. If Borrower pays Ponds to Lender, the Pemds shall be held in an institution the deposits or accounts of which are banned or guaranteed by a federal or state agency (including I ender if Leader is such an institutes). I.eoder shall apply the Fends to pay sold taxes, sseesements, innrI premduoa and ground rents. Camels may not charge for so holding and the Funds, amhdyziug acid acowmt W verifying and compiling acid assessment; and bills, unless Lam pays Borrower beam on the Punds and applicable law permits Leader to make such a charge Borrower and Lender may agree in writing at the time of execution of thin Mor?sge that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applic law requires such int' to be paid, Isnda shall not be required to pay Borrower any interest or earnings on the Funds. I eadet shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Pnnds and the purpose for which each debit to the Punch was made. The Foods are pledged as additional security for the soma seemed by this Mortgage. If the amount of the Ponds held by Ieader, together with the future monthly iastallments of Funds payable prior to the doe dates of taxes, aMdiments, insurance premiums and ground tents, shall exceed the amount required to pay said taxes, assessments, insurance premium and grand rears as they fail due, such excess shall be. at Borrower's option, either promptly repaid to Harrower or credited to Borrower on monthly installments of Punch. If the amamt of the Prods hold by Lender :lull not be sufficient to pay taxes, asseesmahts, Insurance premiums and ground rents as they fall dare, Borrower shall pay to Lender any amount necessary to make up the delldncy in one or more payments as !.eider may require. Upon payment in full of all sum secured by this Mortgage. Lender shall promptly refund to Borrower any Funds held by Leader. If under paragraph 17 hereof die Property is sold or the Property is otherwise acquired by Lender, Leader shall apply, no later than immediately prior to the aerie of the Property or its acquisition by Leader, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and (Deeds of TrUS ; Cher rs; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, dead of trust or other aecwity agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, ssaeenaems and other charges, tins and impodtitm attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against Ion by fire. hazards included within the term "extended ooverage,' and such other hazards a Leander may require and in such amounts and for such periods as Lender may require. The ms uamx carrier pmavpipdironvg the inaaramoe shall be chosen by Borrower subject to approval by shall enL,end, eels thereof shall be tuna form olk not be to unreasonably I and withheld. include a Al standard innrethoe policies and r ?ptab mortgage dam in a favor of and in a form acceptable to Leader. Lender shall have the right to hold the policies and renewals 2005-644158 5-&{4(58 0760 at-76N(PA) =02e P.o. 3 a a Form 8839 Bit 1913 PG 1001 thereof, subject to the terms of any mortgage, deed of tout or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the hwaraooe carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to leader within 30 days from the date notice is mailed by Lender to Borrower that ft Insurance carrier offeot to mule a claim for hu urma benefits, Leader is authorized to collar and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums seared by this Mortgage. 6. Preservation and Maintenance of Property; LaseboMr, Condomdnitmms; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower :hail perform all of Borrowers obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-hews and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower falls to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's Interest in the P r o p e r t y , r h e a I antler, at i enderIa opdonupon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fan, and take such action as is necessary to protect Leader's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Leader pursuant to this p?g??ph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower semucd by this Mortgage. Unless Borrower and Lender agree to other term of payment, such amounts shall be payable upon notice from Leader to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any anion hereunder. 8. Inspection. Leader may make or cause to be made reasonable entries upon and inspections of the Property, provided that Leader shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to I ender. subject to the terms of any mortgage, dad of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to an successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Leader shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors m interest. Any forbears= by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 2005-644158 xww: 5-gth74150 0760 -`- ta-78N(PA) asoe no. • a s Form 3838 8K 1913PG1002 11. Stiooeaors and Assigns Hand; Joint and Several LiabBity; Co-dpse s. The covenants and agreements berem contained shall bind, and the rights bereander shall inure to. the respective successors and assigns of Leader and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage but does nor execute the Note, (a) is co-signing this Mortgage p? to mortgage, grant and convey as Horro?va'a mined iu the Property to Leader under the tams of this filottgage. (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Leader and arty other Borrower hereunder may agree to extend, modify, forbear. or mate any other accommodations with regard to the recces of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage in to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another mama, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower mmaayy dealgoate by notice to Lender ss provided herein, and (b) any notice to Leader shall be vin by eerrifkd ms8 to Lender's address stated berein or to sueb other address as Leader may designate y notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the mauaer designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. In the event that any Provision or dam of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. and to this end the provisions of this Mortgage and the Note an declared to be severable. As used herein, "costs," 'exiienaes' and 'attorneys, fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rebabilitation Loan Agreement. Borrows shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrows enters into with Lends. Lends, at Lender's option, may require Borrower to execute and deliver to Leader, in a form acceptable to Lends, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or traasfared (or if a beneficial interest in Borrower is sold or transfared and Borrower is no a natural person) without Lender's prior written consent, LeuMa may, at its option, require iauuuediate payment in full of all runs secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Leader shall give Borrower notice of acceleration. The notice shall provide a period of not lest than 30 days from the time the notice is delivered or mailed within which Borrower mast pay all sums secured by ibis Mortgage. If Borrowa fails to tide sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrows. 2005-644158 5-4A4158 0760 at •76NIPA) paoa er"a" a or a Form 3839 OX 19134G1003 NON-UNIFORM COVBNAM. Borrower and Leader further covenant and agree as follows: 17. Axederation; Remcdip. Upem Borowa's bre mb of tuy covenant or apveo mt of Harrower in this MorigeM tnclu ling the taunts to pay when due any suns seta 11 this Lender pror to acedara11 a shall jive notice to Borrower as provided by ap111 1 is r speeddt t?moo? other things: (1) the breach; (2) the action required to ewe sueb breach; (3) a dale, net bras than 3@ days from the date the notice is mailed to Borrower, by w" soth brft& )sold be lolled; and (4) that failure to cue such breech an err before Q# date mo AW Is IM nolks may b nth le aoodaetbm Of the sums mesas , by this Mortgage, foreclessm by judkial procee ft, and sale of the Property. The notice shsu f a the Worm Borrower of the right to reinstate after acceleration and the right to twat in the foredas v e porocee ft the nand stmoe of a default or any other defense of Borrowerto art"no and f o tm U the breach Is not cured on or before the date spedfisd to the notice, Lender, at Lender's ,Wray declare all of the sons secued by this Martgape to be immediately due and ppaayable w?farther demand said may foreclose this proceeding. Lender sha0 be astRled to collect In sock proceeding all expenses air by Judkbd Including, but orabdrwts and tttnot loos. to, reasonable attorneys' fora, and casts of docaneatary evidence, 19. Borrower's Right to Reinstate. Notwithstanding Ladder's acceleration of the am sacred by this Mortgage due to Borrower's breach, Borrower shall have the right to have my proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the of bidding at a sheriff's sale or other ask pursuant to this Mode if: (a) Borrower pays I ender all stmt which would be then due under this Mortgage and the Note had no acodention occurred; (b) Borrower cum all breaches of any other covenants or of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses inarrred yb Lender in enforcing the covenants and agreements of Borrower contained In this Mortgage and in enforcing Letnder'a remedies as provided in paragraph 17 hereof, Including, but not limited to. reasonable attorneys' fees; and (d) Borrower takes each action as Lewder may?ly require to assure that the lien of this Mortgage. LetuderIa interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unirnpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shalt remain in fell force and effect as if no acceleration had occurred. 19. Assignment of Rests; Appointment of Receiver; Lender in Possession. As additional security hereunder. Borrower hereby assigns to Lender the rents of the Property, provided the Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, [coder, in person, by agent or by judicially appointed receiver shall be entitled to eats upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by lender or the receiver dull be applied first to payment of the costa of management of the Property and collation of rents, including, but not limited to, raxiva'a fees, premium on receiver's bond and reasonable attorneys' fees, and then to the sums secured by this Mortgage, lender and the receiver shall be liable to account only for tbose rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage widxxn charge to Aorrower. Borrower shall pay all costs of recordation, if any. 21. Interest Rate Alta Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 2005-644158 51"158 0760 ww? 4R-76N(PA) vwz pop s a e Form 3839 1(1913K 1004 REQUEST FOR NOTICE OF DEFAULT ND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holds of say mortgage, deed of trust or other encumbrance with a lien which hu priority over lids Mortgage to give Notice toll , at lAnder's address act forth on page out of this Mortgage, of say default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. wi Z' azJa? Y (se d) D, S9 4,0, NDE Jaraas 11 rj Borrower _ (Seal) -Borrower _ (Seal) .Borrower _ (Seri) -Borrower _ (Sal) .Borrower (Seal) -Borrower _ (Seel) -Borrower (Sal) -Borrower (Sign Original Only) 2005-611158 5-611158 0760 at-76N(PA) mmi Pte r of a Form 9899 8K 1913PG 1005 COMMONWEALTH OF PENNSYLVANIA, Ctra)ezv baariaa., county es: On this, the 28th day of June, 2005 , before me, the undersigned offxw, Personalty Appeared Jaws Salisbury renown to me (or satisfactorily proven) to be the person(s) whose name(s) is/am subscribed to the within instrument and w1mowiedged that hNaWthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I bercumo set my hand and official aea1. My Commission Expires: 1- 7 ,OW Y M MMO7nMs .9z 12"nVwama Asombson of NohrNa Two of officer Certificate of Residence 1, EQUITY TITLE i CLOSING SERVICES , do hereby certify that the correct address of the within-named Mortgagoe is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 29th day of Juno, 2005 E (Y TITLE i CLOSING SERVICZS AaentofMortpgee 2005-644158 ®-76WPA) omn Pop $ of a 58 0760 wuw: Form 3838 UK 19 13PG 10:06 RECEIPT FOR PAYMENT Cumberland County Prothonotary's Officc Rcccipt Date 1/03/2008 Carlisle, Pa 17013 Receipt Time 11:53:11 Receipt No. 202623 HOUSEHOLD REALTY CORPORATION (VS) SALISBURY JAMES Case Number 2008-00033 Received of PD ATTY DKB Total Non-Cash..... + Total Cash 78.50 Check# 10231 . ........ + Change ............. - .00 .00 Receipt total...... _ $78.50 ----------------- ------ Distribution Of Payment Transaction Description Payment Amount COMPLAINT 55.00 CUMBERLAND CO GENERAL FUND TAX ON CMPLT .50 BUREAU OF RECEIPTS AND CONTROL SETTLEMENT 8.00 CUMBERLAND CO GENERAL FUND AUTOMATION 5.00 CUMBERLAND CO AUTOMATION FUND JCP FRR 10.00 BUREAU OF RECEIPTS AND CONTROL $78.50 ? Q ?' ? d ti"°? "``' ?.:?> ;_ ?, -?-r _ ? ?,, x ?'., ?#? --,-, _.. c?.s ,a ?'? ?. `? ?-c SHERIFF'S RETURN - REGULAR CASE NO: 2008-00033 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS SALISBURY JAMES NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SALISBURY JAMES the DEFENDANT , at 1235:00 HOURS, on the 12th day of September, 2008 at 53 HELEN AVENUE SHIPPENSBURG, PA 17257 POSTED PER COURT ORDER AT by handing to 53 HELEN AVENUE SHIPPENSBURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge Q?e P . q11 18.00 19.00 6.00 10.00 .00 53.00 Sworn and Subscibed to before me this day So Answers: k R. Thomas Kline 09/15/2008 MCCABE WESIBERG CONWAY By Deputy Sheriff of A. D.