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HomeMy WebLinkAbout08-1752McCABE, 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 Attorneys for Plaintiff Philadelphia, Pennsylvania 19109 (215) 790-1010 Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, Illinois 60126 Cumberland County Court of Common Pleas V. Robert Minnich 7 Cold Spring Road Carlisle, Pennsylvania 17013 Number LA `??ILE'"Z and Sherri Minnich a/k/a Sherri Evans 154 Pennsylvania Avenue Carlisle, Pennsylvania 17013 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, Pennsylvania 17013 (800) 990-9108 AVISO Le ban demandado a usted en ]a corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a] 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 provisiones 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, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Robert Minnich, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 7 Cold Spring Road Carlisle, Pennsylvania 17013. 3. The Defendant is Sherri Minnich a/k/a Sherri Evans, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 154 Pennsylvania Avenue Carlisle, Pennsylvania 17013. 4. On January 12, 2001, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1663, Page 889. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 7 Cold Spring Road, Carlisle, Pennsylvania 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due September 1, 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 $ 117,988.32 Interest through February 8, 2008 $ 26,177.24 (Plus $41.03 per diem thereafter) Attorney's Fee $ 1,250.00 Corporate Advance $ 1,123.77 GRAND TOTAL $ 146,539.33 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 $146,539.33, together with interest at the rate of $41.03 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCAPE, ONWAY, P.C. 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/herknowledge, 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. AY, P.C. BY: vv?- v Attorneys for Plaintiff TERRENCE J. McCABE, ESQUI MARC S. WEISBERG, ESQUIR EDWARD D. CONWAY, ESQUI MARGARET GAIRO, ESQUIRE ' so 6 71 1715 - ° o - sa y 77 / MpRTGAGE E] IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND,•SECURES.FUTURE ADVANCES. THIS MORTGAGE is made this day 12TH of JANUARY 20 01 , between the Mortgagor, ROBERT A. MINNICN JR. AND•SHERRI A, MINNICH HUSBAND AND WIFE erein rrower and Mortgagee BENEFICIAL CONSUMER DISCOUNT COMPANY D / B / A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA a corporation organiz an existing under the laws of PENNSYLVANIA whose address is 419 STONEHEDGE DRIVE, SUITE 2, CARLISLE, PA 17013 herein "Lender). The following paragraph preceded by a checked box is applicable. WHEREAS, Borrower is indebted to Lender in the principal sum of $ 122,684, 67 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement ated JANUARY 12, 2001 and any extensions or renewals thereof (herein "Note"), providing for monthly installments o principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on JANUARY 12, 2031 ; 71 WHEREAS, Borrower is indebted to Lender in the principal sum of $ , or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate an under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby- mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania; ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF DICKINSON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED ;- 02/21 / 1997 -AN D RECORDED 02/•21 / 199'7; AMONG-THE LAND RECORDS ' - . " - - -m-? f OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 153 ? AND PAGE 859. TAX MAP OR PARCEL IO NO,; 08-31-2197-020 CJ ^J -TJ ?i ¦ ¦ v b IT o < m r-' ?v? ? O? G) c -a D 01-07-00 MTG IIIII?N??INII?II?II?IIN??N®INNNIINIINIINIIIIININIIN??N?IIIIIII 14AO6193788098MTG8000PA0012810"KMINNICH ORIGINAL PA001281 ? ?? ,?>-3 PAGE B89 . 0 Si -2- TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is 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 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 at Variable Rates. This mortgage secures all payments of principal and interest due on a variable rate loan. The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth_of?yearly premium installments for hazard insurance, plus one-twelfth of yearly premium _ installments for mortgage insurance, 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 Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires 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, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. .:Upon,payme_nt_i full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under ara rah 17 hereof the Pro rt dY?` " "1_i - " P g p pe y is sold or the Property 1s otherwise acquired by Vender, " Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any 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 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. 01-07-00 MTG PA001282 IIII????IN??I?????IIIIIIII???I?IIIIIIIIIIIIIIINU??i????l?llllll '106193788098MTG8000PA0012820x*MIMIICM ORIGINAL .-.,_ ..•. ? . ?a??????Paa? X90 -3- S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; 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 shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including, reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of 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 take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior'to any such inspection specifying reasonabld cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or 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 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 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. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 01-07-00 MTc IIUI??U?®?II?IIUIIIII??????????????II?II?I???IapINWI?? "4A061937B8098MIG8DOOPA0012830t-M! NiCH x LDIbwl ` , 640 1003 PAGE ?? PA001283 -4- 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shal l be deemed to have been given to Borrower or Lender when given in the manner 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 clause 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 are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be f urnished 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. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. . If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of'Borrowee in this Mortgage,'including-the covenants'to pay when°due?any°sums .r secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (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 cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 01-07-00 MTG 111111111flilill?lllll?l?l?l?l?l??lll?lllllllll I?®D???IIIIINI?II? *MD619378,.098MTG8000PA0012840*"MIMIICH * ORIGINAL 60016-620 PACE L92 PA001284 -5- 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender 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 cure 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. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, ,prior -to acceleration under paragraph 17 hereof, in abandonment of the Property,, lave the right to collect and retaih'such rents 'as they, .become ,due and payable, ; Upon acceleration under paragraph 7 hereof or abandonment of the Property; LenderAta)1. be entitled to have a receiver appointed by a court.to enter upon, take possession of and manage--the-Property and io collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs. of recordation; if any. , 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Pederal law. 22. Interest Rate After Judgment. Borrower agrees 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. . .. .. , . , • .. ? sib=i?' - 1.77 01-07-00 MTG ?. KM061937Q8098MT08?OOPA00128SONVINNICH ? ORIGINAL ioudGG3 PACs X893 ? _ . Cs C PA001285 s -6- •1r •l REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mort age *inv ' -otice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the supchat eh' u' mbft> 'd -of any sale or other foreclosure action. State of Penns x.} %'?: County of Cumb r$, _• ,,t,l. ??, ?F ROCOr Qd in t1 ?10 t3?io6' ect. nd f !iGiit311n.1t?, rx?,'0' ?',???, f -Borrower -Bo in $O:VGrt' tt,: ROBERT A INNI JR. ?- ,:3.? ?. witn ha e1igf(l :w, -Carlisle, PA th' Re Order' ` SHERRI A MINNICH =grower I hereby certify that the precise address of the Lender (Mortgagee) is. 419 STONEHEDGE DR. SUITE 2 CARLISLE, PA. 17013 On behalf of the Lender. By: Title: A.E. COMMONWEALTH OF PENNSYLVANIA, MICAL K LEE County ss: CUAMBERLAND I, CURTIS A WERNER , a Notary Public in and for said county and state, do hereby certify that ROBERT A MINNICH JR AND SHERRI A MINNICH personally known to me to be the same person(s) whose name(s) ARE subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that _T he y_ signed and delivered the said instrument as TPRTR free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 12TH day of JANUARY 2001 M Commission ex ires: NOTARIAL SEAL Curtis A. Werner, Notary Public Notary Public South Middleton Twp., County of Cumberland CURTIS A WERNER My Commission Expires $ept•f 2004 This instrument was prepared b BENE FII AL CONSUMER DISCOUNT CO. D/B/A ? , BENEFICIAL MORTGAGE CO. OF PA (Name) ,9 419 STONEHEDGE DR. SUITE 2 CARLISLE, PA. 17013 s r (Address) (Space Below This Line Reserved For Lender and Recorder) Return To: Records Processing Services 577 Lamont Road Elmhurst, IL 60126 01-07-00 MTG PA001286 11111111??8?iiIiIIIIIIINp??W???111101111?11?lllll?lllll???®?I?II??11?1?11 "M06193788096MTG6000PA0012860""MINNICH ORIGINAL . 894 O CD r1? =o Ti 13 'cn -TI SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01752 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MINNICH ROBERT ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named MINNICH SHERRI AKA SHERRI unable to locate Her in his nnNfnT T TTTT TVlnnrr L, nnL? the within named DEFENDANT EVANS 7 COLD SPRING ROAD _,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT EVANS but was bailiwick. He therefore returns the NOT FOUND , as to MINNICH SHERRI AKA SHERRI CARLISLE, PA 17013 DEFENDANTS HAVE BEEN DIVORCED FOR 5 YEARS. SHERRI DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answers: Docketing 6.00_-= Service 00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 y1l e 1 G 8 (} ? 21.00 MCCABE WE I SBERG CONWAY 04/07/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01752 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MINNICH ROBERT ET AL 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 MINNICH ROBERT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MINNICH ROBERT 116 W SOUTH STREET CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answer Docketing 6.00 Service 5.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 y1 Jr/6 fr ?/ 2 6 . 0 0 MCCABE WE I SBERG CONWAY 04/07/2008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01752 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MINNICH ROBERT ET AL 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 MINNICH SHERRI AKA SHERRI EVANS but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT EVANS 116 W SOUTH STREET CARLISLE, PA 17013 NOT FOUND , as to MINNICH SHERRI AKA SHERRI DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge y/1i(ow ?-- So answers- 6.00 .00 5.00 R. Thomas line 10.00 Sheriff of Cumberland County .00 21.00 MCCABE WEISBERG CONWAY 04/07/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MINNICH ROBERT ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MINNICH SHERRI AKA SHERRI EVANS the DEFENDANT , at 1600:00 HOURS, on the 4th day of April 2008 at 154 PENNSYLVANIA AVENUE CARLISLE, PA 17013 SHERRI MINNICH by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 21.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 04/07/2008 MCCABE WEISBERG CONWAY By: (24? oe - Deputy eriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MINNICH ROBERT ET AL SGT BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MINNICH ROBERT DEFENDANT the , at 1403:00 HOURS, on the 3rd day of April , 2008 at CUMBERLAND CO SFFRTFF'.4 nFRTrR nNTR r•nTTRTUnTTQTT QnTT7\Dll CARLISLE, PA 17013 ROBERT MINNICH was served upon by handing to 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 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 00 3 Sworn and Subscibed to before me this day of , So Answers: rr d ';;' ? F R. Thomas Kline 04/07/2008 MCCABE WEISBERG CONWAY By: Deputy heri riff A.D. 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorneys for Plaintiff Cumberland County Court of Common Pleas V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Number 08-1752 Civil ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from February 9, 2008 to May 6, 2008 TOTAL $146,539.33 $ 3.610.64 $150,149.97 McCAB I G AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, this 6th day of May, 2008, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, and against Defendants, Robert Minnich and Sherri Minnich a/k/a Sherri Evans, and damages are assessed in the amount of $150,149.97, plus interest and costs. BY THE PROTHONOTARY: r 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-1752 Civil AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND The undersigned, being duly sworn according to law, deposes and says that theDefendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Robert Minnich, is over eighteen (18) years of age and resides at 7 Cold Spring Road, Carlisle, Pennsylvania 17013; Sherri Minnich a/k/a Sherri Evans, is over eighteen (18) years of age and resides at 154 Pennsylvania Avenue, Carlisle, Pennsylvania 17013. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF /hl/ , 2008 McCABE WEG, AND CONWAY, P.C. BY: 7 C--` Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE NOTARIAL SEAL Public GLORIA D. MITCHELL, Notary City of Philadelphia, Phila. County My Commission Expires June 2, 2011 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-1752 Civil CERTIFICATION I, the undersigned attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS G YA OF ly?dy , 2008 McCABE WEIS !??AND CONWAY, P.C. BY: Attor eys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE r TARY PUBLIC COMMONWFALTH OF PENNSYLVANIA NOTARIAL SEAL GLORIA D. MITCHELL, Notary Public City of Philadelphia, Phila. County My Commission Expires June 2, 2011 OIL* OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary April 25, 2008 To: Sherri Minnich a/k/a Sherri Evans 154 Pennsylvania Avenue Carlisle, Pennsylvania 17013 Benefical Consumer Discount Company d/b/a Cumberland County Beneficial Mortgage Company of Pennsylvania Court of Common Pleas vs. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Number 08-1752- CIVIL TERM NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUTAHEARINGAND YOUMAYLOSE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. 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 MAYBE ABLE TOPROVIDE YOU WITH INFORMATIONABOUTAGENCIES THATMAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 TJM/ra McCABE, WEISBERG, BY: / NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. 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 OPICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DE LAS AGENCiAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO M NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsyly a 17013 (800) 990-9108 Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWAR". CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ]KEVIN DISIGN, ESQUIRE 0 0 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary April 25, 2008 To: Robert Minnich 7 Cold Spring Road Carlisle, Pennsylvania 17013 Benefical Consumer Discount Company d/b/a Cumberland County Beneficial Mortgage Company of Court of Common Pleas Pennsylvania vs. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Number 08-1752- CIVIL TERM NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAYLOSE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. 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 YOUCANNOTAFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDEYOU WITH INFORMATION ABOUTAOENCIES THATMAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBIECIONES A LOS REmAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS APORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJU. ESTA OFICINA LO PUEDE PROPOIRCIONAR CON INFORMACION 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 NINGON HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 TJM/ra McCABE, WEISBE CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. MCCABE, ESQUIRE MARC-& WEMDERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE KEVIN DISKIN, ESQUIRE VERIFICATION The undersigned attorney 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. MCCAB?=EISRP, AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 0 u ,? d ? n g jc) ca c.n w? ?r OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Cumberland Prothonotary To: Robert Minnich 7 Cold Spring Road Carlisle, Pennsylvania 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Cumberland County Court of Common Pleas Number 08-1752 Civil Pursuant to Rule 236, you are hereby notified that a JUDGMEVT has been entered in the above proceeding as indicated below. NOTICE z1fn aCumb Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCABE.WEISBERG AND CONWAY at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Cumberland Prothonotary To: Sherri Minnich a/k/a Sherri Evans 154 Pennsylvania Avenue Carlisle, Pennsylvania 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Number 08-1752 Civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. ber Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCABE, WEISBERG AND CONWAY at 215) 790-1010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans FILE NO.: 08-1752 Civil AMOUNT DUE: $150,149.97 INTEREST: from 5/7/2008 to 9/3/2008 $2,961.60 at $24.68 Per Diem ATTY'S COMM.: COSTS: Defendants 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) 7 Cold Spring Road Carlisle PA 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 11,u 0 Signature: Print Name: MCCABE, W ERG AND CONWAY Address: 123 S. r d Street Suite 2080 Philadelphia PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. L JP 1 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 Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Defendants Name and address of Owners or Reputed Owners AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 7 Cold Spring Road, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. 2 3. Name Robert Minnich Sherri Minnich a/k/a Sherri Evans Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-1752- CIVIL TERM Address 7 Cold Spring Road Carlisle, Pennsylvania 17013 154 Pennsylvania Avenue Carlisle, Pennsylvania 17013 Name and address of Defendants in the judgment: Name Robert Minnich Sherri Minnich a/k/a Sherri Evans Address 7 Cold Spring Road Carlisle, Pennsylvania 17013 154 Pennsylvania Avenue Carlisle, Pennsylvania 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the 4 5 6. real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial Consumer Discount 961 Weigel Drive Company d/b/a Beneficial Mortgage P.O. Box 8604 Company of Pennsylvania Elmhurst, Illinois 60126 Beneficial Consumer Discount 410 Stonehedge Drive Company d/b/a Beneficial Mortgage Suite 2 Company of Pennsylvania Carlisle, PA 17013 Plaintiff herein Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. 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 Tenants/Occupants Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address 7 Cold Spring Road Carlisle, Pennsylvania 17013 P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 f r Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America United States of America 8. Name and address of Attorney of record: Name None Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Address 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. May 15, 2008 TERREN J. McCABE, ESQUIRE DATE MARC . EISBERG, ESQUIRE EDW D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff i 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 CIVIL ACTION LAW Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Number 08-1752- CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Robert Minnich Sherri Minnich a/k/a Sherri Evans 7 Cold Spring Road 154 Pennsylvania Avenue Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Your house (real estate) at 7 Cold Spring Road, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriff s Sale on September 3, 2008 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 $150,149.97 obtained by Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: 1. The sale will be canceled if you pay to Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will hal 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 r' it EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1752 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a/ BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From ROBERT MINNICH and SHERRI MINNICH a/k/a SHERRI EVANS (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 $150,149.97 L.L.$ 0.50 Interest from 5/07/08 to 9/03/08 - $2,961.60 at $24.68 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $241.00 Plaintiff Paid Date: 5/19/08 Other Costs rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: TERRENCE J MCCABE, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADLEPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 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 Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-1752- CIVIL TERM AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 30`h day of June, 2008, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS 30TH DAY OF JUNE, 2008 ARY PU NC7fARU1L SEAT. Lana T. Watts. Notary Pt"c City of Waftiphis, Pbkddpltis Co" My so®a?iaaon apirm Noveotba 2!, RRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys 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 Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Defendants Robert Minnich AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff' in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 7 Cold Spring Road, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owners or Reputed Owners Name 2. 3. Sherri Minnich a/k/a Sherri Evans Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-1752- CIVIL TERM Address 7 Cold Spring Road Carlisle, Pennsylvania 17013 154 Pennsylvania Avenue Carlisle, Pennsylvania 17013 Name and address of Defendants in the judgment: Name Robert Minnich Sherri Minnich a/k/a Sherri Evans Address 7 Cold Spring Road Carlisle, Pennsylvania 17013 154 Pennsylvania Avenue Carlisle, Pennsylvania 17013 thbitA Name and last known address of every judgment creditor whose judgment is a record lien on the r 4. 5. 6. real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial Consumer Discount 961 Weigel Drive Company d/b/a Beneficial Mortgage P.O. Box 8604 Company of Pennsylvania Elmhurst, Illinois 60126 Beneficial Consumer Discount 410 Stonehedge Drive Company d/b/a Beneficial Mortgage Suite 2 Company of Pennsylvania Carlisle, PA 17013 Plaintiff herein Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. 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 Tenants/Occupants Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address 7 Cold Spring Road Carlisle, Pennsylvania 17013 P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Exhibit A Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America United States of America Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None 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 unworn falsification to authorities. May 15, 2008 TERREN J. McCABE, ESQUIRE DATE MARC ISBERG, ESQUIRE EDW D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff Exhibit A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff 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 Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania COURT OF COMMON PLEAS Plaintiff Robert Minnich and Sherri Minnich a/k/a Sherri Evans Defendants DATE: June 30, 2008 TO: ALL PARTIES IN INTEREST AND CLAIMANTS CUMBERLAND COUNTY Number 08-1752- CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Robert Minnich and Sherri Minnich a/k/a Sherri Evans PROPERTY: 7 Cold Spring Road, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff s Sale on September 3, 2008 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 thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Exhibit B cn I A. ]`ti,, ,; a n xb e n o ? o ? ? o a ro c O W N r x n C Z 2 n w N J Z 9 a n a H n ? ? n to W =1;Cg nwtvw t ? • ? d O C/1 O '? O C yo A tJ O ? ? p n D ?R C R ?? O e ? S n A 00 n fD . .. A eD O O y as ? c o aG vo ? D 'b A o ? 3 'L7 a cn y °+? d 'ti p g a ' fD ? "O rn p O ? A7 ?.. .y? ? C o. y ? c< QQ A I••y (TD V rD to c W N 0 ?+ ?.. to w w a r. 1 "'CCCIII o ' GSM/ a <_Q m 4j, p/?•?y K t0 fV ?/? ' a co •7j 0 Q C? rd C5 0 GO 8 ? Vi? a H A a `t A i4 '??' G CL r• W ? H R+G o o G ? -e 1: A w A r fi A AY A ? b M r•• • r ^.S cr ?1s 3 p b r ° a G N .! ^ C c rb N .C > a o M LJa 3 w e•i N ? r+ O :Y =1 M O ? 00 ..rO °? ? a '+ b 4115, l) N ? O tD -.l y' Ci7 ? fD q^?^?Y b o UQ C r p ? n O ? H m ?' • r L d C r- r w 00 N J 0 cr cr rT G R a urea ? ? !D rd m m n rr N Q K ,?.. 000 f.. v .t5 R G o ° a w °' c °y .?-• l?D a ? ? 'l G ? N IS . -v c r. r^ `- r7 , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff 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 Benefical Consumer Discount Company d/b/a : Cumberland County Beneficial Mortgage Company of Pennsylvania: COURT OF COMMON PLEAS V. Robert Minnich and NUMBER 08-1752 Sherri Minnich a/k/a Sherri Evans MOTION TO ALLOW SERVICE ON THE DEFENDANTS BY REGULAR MAIL. CERTIFIED MAIL AND POSTING PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 Plaintiff attempted to serve a true and correct copy of the Notice of Sale upon the Defendant, Robert Minnich, at the Defendant's last-known address of 7 Cold Spring Road, Carlisle, Pennsylvania 17013. However, the Sheriff advised that he was unsuccessful because the property is vacant. A copy of the Sheriffs Non Service Return indicating the same is attached hereto and marked as Exhibit "A." 2. Plaintiff has searched for a forwarding address for Defendant, and the Post Master has advised that there is no change of address order on file for the Defendant, Robert Minnich, from the address of 7 Cold Spring Road, Carlisle, Pennsylvania 17013. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B") 3. Plaintiff has checked the Local Telephone Directory for an address for Defendant; there is no listings for the Defendant, Robert Minnich in or around the Carlisle area. Plaintiff further contacted the defendants mother at 116 West South Street, Carlisle, PA 17013 at (717) 243-7976 who stated that Defendants', Robert Minnich and Sherri Minnich a/k/a Sherri Evans, are divorced. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B") 4. Plaintiff has attempted to make inquiry with the neighbors, however there is no listing in vicinity of properties in the area. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 5. Plaintiff has made inquiry of the local tax bureau and the tax bill is mailed to 7 Cold Spring Road, Carlisle, Pennsylvania 17013. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 6. Plaintiff has made inquiry with the Social Security Administration and was advised that there is no death records on file for the Defendant, Robert Minnich. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B") 7. Plaintiff has investigated the Defendant's Voter Registration Records, and the Cumberland County Office of Voters Registration has advised that the Defendant, Robert Minnich is not registered to vote. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B") 8. If service cannot be made on the Defendant, Robert Minnich, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Notice of Sheriff's Sale of Real Property upon the Defendant, Robert Minnich, by regular mail; certified mail, return receipt requested; and by posting at Defendant's last-known address and the mortgaged premises known in this herein action as 7 Cold Spring Road, Carlisle, Pennsylvania 17013. McCABE, WEISB?EERRGG ? BY: NWAY, P.C. ?--s'/ ` Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 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 Benefical Consumer Discount Company d/b/a : Beneficial Mortgage Company of Pennsylvania: Attorneys for Plaintiff Cumberland County COURT OF COMMON PLEAS V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans NUMBER 08-1752 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. McCABE BERG cND NWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 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 Benefical Consumer Discount Company d/b/a : Beneficial Mortgage Company of Pennsylvania: Attorneys for Plaintiff Cumberland County COURT OF COMMON PLEAS V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans NUMBER 08-1752 CERTIFICATION OF SERVICE The undersigned, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Petition to Allow Service on the Defendants by Regular Mail, Certified Mail, and Posting Pursuant to Pa.R.C.P. 430, by United States Mail, first class, postage prepaid, on the 11 `h day of August 2008, upon the following: Robert Minnich 7 Cold Spring Road Carlisle, Pennsylvania 17013 McCABE, WEISBERG D CONWAY, P.C. BY: 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 ND CONW Y, P.C. 00 BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Beneficial Consumer Discount Company d/b/a In the Court of Common Pleas of Beneficial Mortgage Company of Pennsylvania Cumberland County, Pennsylvania VS Writ No. 2008-1752 Civil Term Robert Minnich and Sherri Minnich a/k/a Sherri Evans William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 28, 2008 at 1911 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sherri Minnich a/k/a Sherri Evans, by making known unto Sherri Minnich personally, at 154 Pennsylvania Ave., Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Robert Minnich, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Robert Minnich. The property is vacant and the power is shut off; however, the post office still delivers the defendant's mail to the given address. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 24, 2008 at 0948 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert Minnich and Sherri Minnich a/k/a Sherri Evans located at 7 Cold Spring Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Sherri Minnich a/k/a Sherri Evans by regular mail to her last known address of 154 Pennsylvania Ave., Carlisle, PA 17013. This letter was mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. So Answeirrs?i- R. Thomas Kline, Sheriff BY Real Estate rgeant EXHIBIT A 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ROBERT A MINNICH, JR- NO. NOT YET ASSIGNED SHERRI MINNICH aWa SHERRI EVANS LAST KNOWN ADDRESS: 7 Cold Spring Rd, Carlisle, PA 17013 LOAN NUMBER: 201-1888 PA -34827 AFFIDAVIT QF GOOD FATTH EFFORT TO LOCATE DEFENDMU (M I hereby certify that on February 12, 2008, it good faith effort was made to discover the correct address of said defendant (s), by. 1. Inquiry of Postal authority; Postal authority Stated defendants are good as addressed at 7 Cold Spring Rd 2. Examination of local telephone directories, 411 assistance and Internet records; There are no listings for the defendants in or around the Carlisle area Sherri Minnich,154 Pennsylvania Ave., Carlisle, PA 17013, no phone listed Bertha Minnich,116 W. South St, Carlisle, PA 17013, (717) 243-7976, Robert's mother stated the defendants are divorced and Sherri is remarried 3. Neighbor Contacts: No listings in vicinity of property 4. Tax Information: Tax office mails bill to property: 7 Cold Spring Rd 5. Death Records: Social Security has no death records for the defendants under their SSN's or names. 6. Voter Registration: Defendants are not registered I certify that this information is true and correct to the best of my knowledge, information and belief. NOTARY PUBLIC: Swam to and described before me this day of 2008 DM NWEALTH of PENN AN OTARIAL SEAL ROSEANN C. NAGLE. Notary Public Warrington Twp., Bucks County v Commission Expires January 9. 2011 BY: Larry Del Vecchio, Process Server LARRY DEL VECCHIO PROCESS SERVER FOR A.O.S.S. P.O. BOX 344 CHALFONT, PA. 18914 Postmaster Carlisle, PA 17013 February 12, 2008 (215)4914469 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: Robert Minnich Address: 7 Cold Spring Rd Carlisle, PA 17013 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 400.1 .b) 3. The names of all known parties to this litigation: HFC/BFC et a] vs Robert and Sherri Minnich, aWa Sherri Evans 4. The court in which the ease 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 P-URPOSE 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 $10.000.00 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 LAR DEL VECCTE Chalfoat, PA. 18914 For .O.S.S. FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE 77CTMARK MYSIC'AL NEW ADDRESS OR BOXHOLDER'S NAME AND y v LARRY DEL VECCHIO PROCESS SERVER FOR A.O.S.S. P.O. BOX 344 CHALFONT, PA. 18914 February 12, 2008 Postmaster Carlisle, PA 17013 (215) 491-4469 FAX (215) 491-4473 REQUEST FOR CHANGE OF ADDRESS OR DOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Pkase furnish the new address or the name and sumt address ( if a boxholder) for the following: Name: Sherri N innich a/k/a Sherri Evans Address: 7 Cold Spring Rd Carlisle, PA 17013 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) (t) 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: HFC/BFC et al vs Robert and Sherri Minnick, aWa Sherri Evans 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 BOXHO[DER INFORMATION FOR ANY P-URPOSE 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 $14,000.00 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 3 YEARS, OR BOTH MU 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 %MH ACTUAL OR PROSPECTIVE LAID P.O. Box 344 LARRYY CHIO Challpnt, PA. 18914 For AZr. S.S. FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE POST MARK c"y ?,?, c- ?-, ?,-_` ? -? r;? __?}?w ,f`. ,,,?? ,? .gip ,_„ ::r.7 ..? J AUG 2 0 20086, Benefical Consumer Discount Company d/b/a : Beneficial Mortgage Company of Pennsylvania: V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Cumberland County COURT OF COMMON PLEAS NUMBER 08-1752 ORDER AND NOW, this 27'day of AT "I , 2008, the Plaintiff is granted leave to serve the Notice of Sheriffs Sale of Real Property upon the Defendant, Robert Minnich, by regular mail; by certified mail, return receipt requested; addressed to the Defendant's last-known address and mortgaged premises known in this herein action as of 7 Cold Spring Road, Carlisle, Pennsylvania 17013. BY THE COURT: C,3 a?. 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 Attorneys for Plaintiff Philadelphia, Pennsylvania 19109 (215) 790-1010 Benefical Consumer Discount Company d/b/a : Beneficial Mortgage Company of Pennsylvania: Cumberland County COURT OF COMMON PLEAS V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans NUMBER 08-1752 MOTION TO ADJOURN SHERIFF'S SALE Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, by and through its attorney, the undersigned, moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for December 10, 2008 and avers as follows: Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 7 Cold Springs Road, Carlisle, PA 17013 is adjourned to the March 4, 2009 for the September 3, 2008 Sheriffs Sale. 2. Plaintiff postponed Sheriffs Sale from September 3, 2008 to December 10, 2008 because the plaintiff could not locate the defendants for service of the Notice of Sale. Plaintiff requests that the Sale for December 10, 2008 be adjourned to March 4, 2009 as the lender has requested that all sales scheduled between November 26, 2008 and January 31, 2009 be postponed due to a holiday moratorium. 4. Plaintiff has complied with all the pertinent statutory and procedural rules of court governing the listing of real property for Sheriffs Sale. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale. WHEREFORE, Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 7 Cold Springs Road, Carlisle, PA 17013 to the March 4, 2009 with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for December 10, 2008. TERRENCE J. MCC QUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 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 Benefical Consumer Discount Company d/b/a : Beneficial Mortgage Company of Pennsylvania: Attorneys for Plaintiff Cumberland County COURT OF COMMON PLEAS v Robert Minnich and Sherri Minnich a/k/a Sherri Evans NUMBER 08-1752 MEMORANDUM OF LAW Plaintiff requested that the Sheriff's Sale originally scheduled for September 3, 2008 be continued to the December 10, 2008 Sheriffs Sale. Plaintiff at this time requests that the Sheriff's Sale set for December 10, 2008 be adjourned to March 4, 2009 pending the lender's holiday moratorium. Pursuant to Pa.R.C.P. 3129.3, the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement of new notice. WHEREFORE, Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 7 Cold Springs Road, Carlisle, PA 17013 be adjourned to the March 4, 2009 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except that an announcement be made at the sale currently scheduled for December 10, 2008. TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned 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 MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ?- ?y ,? C `C 0 3 2000 () 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 Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania: V Robert Minnich and Sherri Minnich a/k/a Sherri Evans ORDER Attorneys for Plaintiff Cumberland County COURT OF COMMON PLEAS NUMBER 08-1752 AND NOW, this -to day of , 2008, upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter for December 10, 2008, it is hereby ORDERED that the Sheriffs Sale of the property known as 7 Cold Springs Road, Carlisle, PA 17013 is adjourned to the March 4, 2009 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. BY THE COURT: A J. r J v , 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 Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Robert Minnich and Sherri Minnich a/Wa Sherri Evans Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-1752- CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. The undersigned attorney , 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, 2. That on September 11, 2008, per the attached Court Order, Plaintiff served a Prue and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Robert Minnich by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last-known address of 7 Cold Springs Road, Carlisle, Pennsylvania 17013. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". 3. That on September 25, 2008, per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Robert Minnich, by posting the same at the mortgaged premises of 7 Cold Spring Road, Carlisle, Pennsylvania 17013 per conversation with Claudia at Sheriff's department. TE NCE J. McCABE, ESQUI MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF , 2009 NOTARY 4""a"-R+A SEA NT WATTS-NOTARY PUB' ?? ? ,_ .. s c V AUG 2 0 2008 &1 Benefical Consumer Discount Company d/b/a : Cumberland County Beneficial Mortgage Company of Pennsylvania: COURT OF COMMON PLEAS V. Robert Minnich and NUMBER 08-1752 Sherri Minnich a/k/a Sherri Evans ORDER AND NOW, this day of 2008, the Plaintiff is granted leave to serve the Notice of Sheriffs Sale of Real Property upon the Defendant, Robert Minnich, by regular mail; by certified mail, return receipt requested; addressed to the Defendant's last-known address and mortgaged premises known in this herein action as of 7 Cold Spring Road, Carlisle, Pennsylvania 17013. Distributions: McCabe, Weisberg & Conway, P.C. 123 S. Broad St., Ste, 2080, Philadelphia, PA 19109 Robert Minnich at 7 Cold Spring Road, Carlisle, Pennsylvania 17013 BY THE COURT: TERRENCE J. MCCABE•"• MARC S. WEISBERG" EDWARD D. CONWAY MARGARET GAIRO LISA L. WALLACE+t BRENDA L.BROGDON• FRANK DUBIN ANDREW L. MARKOWITZ GAYL C. SPIVAK• SCOTT TAGGART• MARISA COHEN* KATHERINE SANTANGINl- JASON BROOKS^ DEBORAH K. CURRANt• LAURA H.G. O'SULLIVAN±, STEPHANIE H. HURLEY- HEIDI R. SPIVAK " Licensed in PA & NJ •* Licensed in PA & NY ^ Licensed in NY ^^ Licensed in NJ Licensed in PA & WA ••• Licensed in PA, NJ & NY t Licensed in NY & CT • Licensed in 1M & DC • • Licensed in MD + Managing Attorney for NY t Managing Attorney for MD Robert Minnich 7 Cold Spring Road Carlisle, Pennsylvania 17013 SUITE 600 216 HADDON AVENUE WESTMONT, N.108108 (856) 858-7080 FAX (856) 858-7020 SUITE 401 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914)-636-8901 Also servicing Connecticut SUITE 302 8101 SANDY SPRING ROAD LAUREL, MD'20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia and Virginia Of Counsel DEBORAH K. CURRAN • - MD & DC LAURA H.G. O'SULLIVAN• - MD & DC STEPHANIE H. HURLEY- - MD JOSEPH F. RIGA' - PA & NJ Re: Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Robert Minnich and Sherri Minnich &Wa Sherri Evans Cumberland County; No. 08-1752- CIVIL TERM Premises: 7 Cold Spring Road, Carlisle, Pennsylvania 17013 Dear Robert Minnich: Enclosed is a Notice of Sheriffs Sale relative to the above-captioned matter. OA, ;Cojop Very truly yours, McCabe, Weisberg and Conway, P.C. TJM/ Enclosure SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7008-0150-0001-1930-7330 RETURN RECEIPT REQUESTED LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 September 11, 2008 This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. lot ml, n n a 0 r 'w b 0001 b 1 N N A A -s ro C OC 1930 ?330 v t r " ? bN o ° n ?. oo a °j v' O O O ? ? h cr O 000O`P? d 15 g A 4 %:k SZ6 W Y+ r a o ?, 40 w Q /,7 "Sr CO b8a}IA g l ?-' ? t: ?_? ? ; . , _? '' _ ; c:? ? r?% _., (" ?l? ,; COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which BENEFICIAL CONS DISC CO DBA BENEFICIAL, MTG CO OF PA is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ Execution issued on the 19TH day of MAY, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1752, at the suit of BENEFICIAL C D C DBA BENEFICIAL MTG CO OF PA against ROBERT MINNICH & SHERRI AKA ISHERRI EVANS is duly recorded as Instrument Number 200910091. IN TESTIMONY WHEREOF, I have ereunto set my hand and seal of said office this O( day of A.D. r -older of Deeds "ftW County C&A*, PA the Flat Mw4ey of JM. 2010 Betiefioial Consumer Discount Company d/b/a In the Court of Common Pleas of Beneficial Mortgage Company of Pennsylvania Cumberland County, Pennsylvania VS Writ No. 2008-1752 Civil Term Robert Minnich and Sherri Minnich a/k/a Sherri Evans William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 28, 2008 at 1911 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, o wit: Sherri Minnich a/k/a Sherri Evans, by making known unto Sherri Minnich personally, at 15 Pennsylvania Ave., Carlisle, Cumberland County, Pennsylvania its contents and at the same ti handing to her personally the said true and correct copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, s ates that he made a diligent search and inquiry for the within named defendant, to wit: Robert innich, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Robert Minnich. The property is vacant and the power is shut off; however, the post office still delivers the defendant's mail'to the given address. William Cline, Deputy Sheriff, who being duly sworn according to low, states that on July 24, 2008 at 0948 hours, he posted a true copy of the within Real Estate Writ Notice, Poster and Description, in the above entitled action, upon the property of Robert Minni?h and Sherri Minnich a/k/a Sherri Evans located at 7 Cold Spring Road, Carlisle, Cumberland Co?nty, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, slates he served the above Real Estate Writ, Notice, Poster and Description in the following mar?lner: The Sheriff mailed a notice of the pendency of the action to the within named defendant to wit: Sherri Minnich a/k/a Sherri Evans by regular mail to her last known address of 154 Pennsyl aria Ave., Carlisle, PA 17013. This letter was mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, staates that after due and legal notice had been given according to law, he exposed the within describead premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvatia on March 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Terr*ce McCabe, on behalf of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania . It being the highest bid and best price received for the same, of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, of, 961 Weigle Drive, Elmhurst, 11, 60126, being the buyer in this execution, paid to Sheriff R. Thomas Kline th$ sum of $ 1,703.90 Sheriffs Costs: Docketing $30.00 Poundage 33.41 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 15.00 Levy 30.00 Surcharge 40.00 Post Pone Sale 40.00 Law-Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed So Answers: 713.00 589.85 17.64 25.00 49.50 $1,703.90 R. Thomas Kline, Sheriff y/0G I6ti %"_ B Rea state Coordinator L j O CA. Ck 6PL3? 441 2a3 3HV ???? f ?? dr Q? +'?s ?? ?3 a 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 Attorneys for Plaintiff Benefical Consumer Discount Company d/b/a CUMBERLAND COUNTY Beneficial Mortgage Company of Pennsylvania Plaintiff COURT OF COMMON PLEATS V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Defendants Number 08-1752- CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 7 Cold Spring Road, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. . Name and address of Owners or Reputed Owners Name Address Robert Minnich 7 Cold Spring Road Carlisle, Pennsylvania 17013 Sherri Minnich a/k/a Sherri Evans 154 Pennsylvania Avenue Carlisle, Pennsylvania 17013 2. Name and address of Defendants in the judgment: Name Address Robert Minnich 7 Cold Spring Road Carlisle, Pennsylvania 17013 Sherri Minnich a/k/a Sherri Evans 154 Pennsylvania Avenue Carlisle, Pennsylvania 17013 3. Name and last known address of every judgment creditor whose judgment i5 a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial Consumer Discount 961 Weigel Drive Company d/b/a Beneficial Mortgage P.O. Box 8604 Company of Pennsylvania Elmhurst, Illinois 60126 Beneficial Consumer Discount 410 Stonehedge Drive Company d/b/a Beneficial Mortgage Suite 2 Company of Pennsylvania Carlisle, PA 17013 Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. 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 Tenants/Occupants Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address 7 Cold Spring Road Carlisle, Pennsylvania 17013 P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 ,7 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America United States of America Name and address of Attorney of record: Name Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department ?81230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building' Room 3259 600 Arch Street Philadelphia, PA 19106 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Address None I verify that the statements made in this Affidavit are true and correct to the best of n y 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. May 15, 2008 TERREN 1 McCABE, ESQUIRE DATE MARC ISBERG, ESQUIRE EDW D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff t i MCCABE, WEISBERG AND CONWAY, P.C. BY: TERAENCE 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 Attorneys for Plaintiff CIVIL ACTION LAW Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Number 08-1752- CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Robert Minnich Sherri Minnich a/k/a Sherri vans 7 Cold Spring Road 154 Pennsylvania Avenue Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 1701 i i Your house (real estate) at 7 Cold Spring Road, Carlisle, Pennsylvania 17013 is s heduled to be sold at Sheriffs Sale on September 3, 2008 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 toenforce the court judgment of $150,149.97 obtained by Benefical Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Benefical Consumer Discount Com any d/b/a Beneficial Mortgage Company of Pennsylvania the back payments, late charges, costs,' and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to str' a or open the judgment, if the judgment was improperly entered. You may also ask the Curt to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS 10 EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find x out the price bid by calling McCabe, Weisberg and Conway, P. C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.d. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid o the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal p oceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The, money will be paid out in accordance with this schedule unless exceptions (reasons why the proposod schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after tho posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION r A" #we two certain tracts of land skua* in Dk k neon Township, Curt?berldnd COUntS P6nn9*W ta, more particularly bounded and described as follows: 13EGMING at s spike on the eastiarn side of Township Road T-368, kn as Colo Springs Rand, said sphce being ZOO fed South of the oerrterNne Mthe Pine thence by land raw or formerly of Gecu+? D. P?srtherrrore, now or forrrrerly of Donald North 66 degrees 12 minutes East, 111 filet to a stake;; thence by said land and so now or forttvsrly of 1Nfllfem NaNlor. South 13 degrees East, 1:995.8 feet to s haft in Arw of raw or formerly Robert W. Hoch; thence by said iandb, South 77 degrees Waet,11 feet tQ a Spike on the esstem side of Township Road, T-M aforesaid; thence along the m side of said road, North 13 degrees West, 368 feet to the place of BEGINIWNG. 8ENG improved with an 8 room dwelling house, with a mailing address o 7 Cold Springs Road, Carlisle, Pennsylvania 17013. Is; l • IN ACCORDANCE with Subdivision Plan for Donald F. And Mary I- , prepared by Stephen G. Fisher, Pmftssional Land Srxvey . dated Febnery 5,1 and revised on March 2,1 M. a copy of which is recorded in the herelne fter named Re rdees OM09 In Plan Book 60, Page 34, as fanum: BEGINNUM at an existing iron pin in the dividing Ik* of Lot Nos. 2-A and 2- at the dividing lire between land now or fomterly of James K. Kmnar did in Book 34'F'272 and other land of Steven A. Trayerand wife described in Deed Book 31- 807; thence from *Wd wdsting ion pin Oft PIWO of BEGINNING along the eastern tine aadd other land of Stever A. Trayrr OW Tammy L Troyer, North 13 degrees 00 min 00 seconds West, a dMance of 238.00 feet to an bw pin set at the dWWkrg 3ne Lot Noe. 2-8 and 2-C; theme along saW dividing fine between said w Noe. 2-8 a 2-C, North 77 degrees 00 minutes 00 seconds East, a distance of 182.47 feet to an Iron In set in tine of land noworfor formerly of Daniel J. and Nora L. Doyle; thence along the line of said land now or far arty of Daniel J. And Nora L. Doyle South 13 degrees described as 31 degrees in prior deed) 00 minutes 00 seconds East, a distance of 38.001 feet to an iron pin set at the divides Kne between Lot Nos. 2,A and 2-B; thence sold dividing line between said Lot Nov. 2-A and 2-0, South 77 degrees 00 minutes 00 West, a distance of 182.47 feet to ran existing iron pin at the Place of 8WOMNI THE above described tract of land contairm an area of 43,427 square font an is all of Lot No. 243, as Vxmn on said Subdivision Plan recorded In Plan Book 60, Page , as aforesaid. NO right-of-access to the sbove*dewdW Lot No. 2-9, either express or prod, is intended to be conveyed by this Deed, it being the intention of the! vAin a, and the within Grantee float acome to the above described Lot No. 2-8 shell be through other lend of the Within Grantes"bebwen Township Road T-368, kn as Cold Spring Road and the above-described Lot No. 2-8. TAX MAP PARCEL NUMBER: 08-31-2197-020 BEING KNOWN AS: 7 Cold Spring Road, Carlisle, Pennsylvania 17013. BEING the same premises which ROBERT A. MINNICH, JR. by deed dated April 7, 2005 d recorded April 13, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 268, Page 1910, granted and conveyed to Robert Minnich and Sherri Minnich a/k/a Sherri Evans in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1752 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a/ BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff ks) From ROBERT MINNICH and SHERRI MINNICH a/k/a SHERRI EVANS (1) You are directed to levy upon the property of the defendant (s)and to sell + LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in Jhe possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnisheeO 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 ' ' the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she as been added as a garnishee and is enjoined as above stated. Amount Due $150,149.97 L.L.$ 0.50 Interest from 5/07/08 to 9/03/08 - $2,961.60 at $24.68 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $241.00 Plaintiff Paid Date: 5/19/08 (Seal) REQUESTING PARTY: Name: TERRENCE J MCCA13E, ESQUIRE Other Costs rothonota By: Deputy Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADLEPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 Real Estate Sale #48 On May 21, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 7 Cold Spring Road, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 21, 2008 By. joc? ?ryA Real Estate Sergeant NO -b b IZIVW8001 rAa 09 AA183HS 3H1 70 -301 aJ'U The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 cue pdtiot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 Sworn to a?subscnbeCN3eibre one this 7 da`y of August, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Klener, Notary Pubic ity Of Harriebury, Dauphin County LmCC0Fnn*WW EVM Nov. 28, 2011 Member, Pennsylvania Assoclatlon of Notaries Real Estate Sale No. 46 Writ No. 2006-1752 Civil Term Beneficial Consumer Discount Company dlWA Beneficial Mortgage Company of Pennsylvania VS Robert Minnich and Sherri Minnich We Sherri Evans Attorney Terrence McCabe LEGAL DESCRIPTION ALL those two certain tracts of land situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: .BEGINNING at a spike on the eastern side of Township Road T-356, known as Cold Springs Road, said spike being 200 feet South of the centerline of the Pine Road; thence by land now or formerly of George D. Parthemore, now or formerly of Donald Barrick, North 56 degrees 12 minutes East, 111 feet to a stake; thence by said land and land now or formerly of William Nailor, South 13 degrees East, 395.8 feet to a bolt in line of land now or formerly of Robert W. Hoch; thence by said lands, South 77 degrees West, 111 feet to a spike on the eastern side of Township Road, T-356 aforesaid; thence along the eastern side of said road, North 13 degrees West, 368 feet to the place of BEGINNING. BEING improved with an 8 room dwelling house, with a mailing ad*m of 7 Ceid SpiW Aord, CarW Pennsyivama 17013. TRACT NO. 2: IN ACCORDANCE with Subdivision Plan for Donald F. and Mary E. Barrick, prepared by Stephen G. Fisher, Professional Land Surveyor. "dated February 5,1990 and revised on March 2, 1990, a copy which is recorded in the hereinafter named Recorder's Office in Plan Book 60; Page 34, as follows: BEGINNING at an existing iron pin in the dividing line of Lot Nos. 2-A and 2-B at the dividing line between land now or formerly of James K Kramer described in Deed Book 34 "F' 272 and other land of Steven A. Trayer and wife described in Deed Book 31 "T'807; thence iron said existing iron pin at the Place of BEGINNING along the eastern line of said other land of Steven A. Trayer and Tammy L. Trayer, North 13 degrees 00 minutes 00 seconds West, a distance of 238.00 feet to an iron pin set at the dividing line between Lot Nos. 2-B and 2-C; thence along said dividing line between said Lot Nos. 2-B and 2-C, North 77 degrees 00 minutes 00 seconds East, a distance of 182.47 feet to an iron pin set in line of land now or formerly of Daniel J. and Nora L. Doyle; thence along the western line of said land now or formerly of Daniel 1. and Nora L. Doyle South 13 degrees (erroneously described as 31 degrees in prior deed) 00 minutes 00 seconds East, a distance 238.00 feet to an iron pin set at the dividing line between Lot Nos. 2-A and 2-B; thence along said dividing line between said Lot Nos. 2-A and 2-B, South 77 degrees 00 minutes 00 seconds West, a distance of 182.47 feet to an existing iron pin at the Place of BEGINNING. THE above described tract of land contains an area of 43,427 square feet and is all of Lot No. 2-B, as shown on said Subdivision Plan recorded in Plan Book 60, Page 34, as aforesaid. NO right-of-access to the above-described Lot No. 2-B, either express or implied is intended to be conveyed by this Deed, it being the intention of the within Grantors and the within Grantee that access to the above described Lot No. 2-B Shall be obtained through other land of the within Grantee lying between Township Road T- 358, known as Cold Spring Road and the above- described Lot No. 2-B. TAX MAPPARCEL NUMBER: 08-31-2197- 020 BEING KNOWN AS: 7 Cold Spring Road, azlisle, Pennsylvania 17013. IsEING the same premises which ROBERT A. MINNICH, JR. by deed dated April 7, 2005 and recorded April 13, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 268, Page 1910, granted and conveyed to Robert Mmmch and Sherri Murnich aWa Sherri Evans in fee. i PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal State aforesaid, being duly sworn, according to law, deposes and says that thl Journal, a legal periodical published in the Borough of Carlisle in the Coun was established January 2, 1952, and designated by the local courts as the o periodical for the publication of all legal notices, and has, since January 2, 1 issued weekly in the said County, and that the printed notice or publication exactly the same as was printed in the regular editions and issues of the said Journal on the following dates, of the County and Cumberland Law and State aforesaid, icial legal 52, been regularly tached hereto is umberland Law Julv 18, Julv 25, and August 1, 2008 Affiant further deposes that he is authorized to verify this statement y 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. L' a Mane Coyne, P di* SWORN TO AND SUBSCRIB before me this 1 day of August, 2008 Notary ratI SEAL DEB RAH A COLLINS PUblIc CARLISLE SO of CUMBERLAND COUNTY MV Com Expir®a Apr 28, 2010 ary an" gnwm &VA No. 44 Writ No. 2008-1752 Civil Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Robert Minnich and Sherri Minnich a/k/a Sherri Evans Atty.: Terrence McCabe LEGAL DESCRIPTION ALL those two certain tracts of land situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows: TRACT NO. 1: BEGINNING at a spike on the eastern side of Township Road T-356, known as Cold Springs Road, said spike being 200 feet South of the centerline of the Pine Road; thence by land now or formerly of George D. Parthemore, now or formerly of Donald Barrick, North 66 degrees 12 minutes East, 111 feet to a stake; thence by said land and land now or formerly of William Nailor, South 13 degrees East, 395.8 feet to a bolt in line of land now or formerly of Rob- ert W. Hoch; thence by said lands, South 77 degrees West, 111 feet to a spike on the eastern side of Township Road, T-356 aforesaid; thence along the eastern side of said road, North 13 degrees West, 368 feet to the place of BEGINNING. BEING improved with an 8 room dwelling house, with a mailing ad- dress of 7 Cold Springs Road, Carl- isle, Pennsylvania 17013. TRACT NO. 2: IN ACCORDANCE with Subdivi- sion Plan for Donald F. and Mary E. Barrick, prepared by Stephen G. Fisher, Professional Land Surveyor, dated February 5, 1990 and revised on March 2, 1990, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 60, Page 34, as follows: BEGINNING at an existing iron pin in the dividing line of Lot Nos. 2-A and 2-B at the dividing line between land now or formerly of James K. Kramer described in Deed Book 34 "F" 272 and other land of Steven A. Trayer and wife described in Deed Book 31 'e 807: thence from said existing iron pixy at the Awe of BE- GINNING along the eastern line of said other land of Steven A. Trayer and Tammy L. Trayer, North 13 de- grees 00 minutes 00 seconds West, a distance of 238.00 feet to an iron pin set at the dividing line between Lot Nos. 2-13 and 2-C; thence along said dividing line between said Lot Nos. 2-B and 2-C, North 77 degrees 00 minutes 00 seconds East, a dis- tance of 182.47 feet to an iron pin set in line of land now or formerly of Daniel J. and Nora L. Doyle; thence along the western line of said land now or formerly of Daniel J. And Nora L. Doyle South 13 degrees (errone- ously described as 31 degrees in prior deed) 00 minutes 00 seconds East, a distance of 238.00 feet to an iron pin set at the dividing line between Lot Nos. 2-A and 2-B; thence along said dividing line between said Lot Nos. 2-A and 2-B, South 77 degrees 00 minutes 00 seconds West, a distance of 182.47 feet to an existing iron pin at the Place of BEGINNING. THE above described tract of land contains an area of 43,427 square feet and is all of Lot No. 2-B, as shown on said Subdivision Plan recorded in Plan Book 60, Page 34, as aforesaid. NO right-of-access to the above- described Lot No. 2-B, either express or implied, is intended to be conveyed by this Deed, it being the intention of the within Grantors and the within Grantee that access to the above de- scribed Lot No. 2-B shall be obtained through other land of the within Grantee lying between Township Road T-356, known as Cold Spring Road and the above-described Lot No. 2-B. TAX MAP PARCEL NUMBER: 08- 31-2197-020. BEING KNOWN AS: 7 Cold Spring Road, Carlisle, Pennsylvania 17013. BEING the same pretaises wWch ROBERT A. MINNlCH, JR. by deed dated April 7, 2005 and recorded April 13, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 268, Page 1910, granted and conveyed to Robert Minnich and Sherri Minnich a/k/a Sherri Evans in fee.