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HomeMy WebLinkAbout04-0756McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania P.O. Box 8604 Elmhurst, IL 60126 Attorney for Plaintiff Cumberland County Court of Common Pleas Eber J. Gordon a/k/a Eber Jacob Gordon 338 Old Stonehouse Road Boiling Springs, PA 17007 Number CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail m 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 OI~FER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falm asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones alas 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 us~l 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 INIVlEDIATAMENTE. 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 AB OGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania P.O. Box 8604 Elrnhurst, lL 60126 Attorney for Plaintiff Cumberland County Court of Common Pleas Eber J. Gordon a/k/a Eber Jacob Gordon 338 Old Stonehouse Road Boiling Springs, PA 17007 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Eber J. Gordon a/k/a Eber Jacob Gordon, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 338 Old Stonehouse Road, Boiling Springs, PA 17007. 3. On 03/09/1998, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1437, Page 371. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 338 Old Stonehouse Road, Boiling Springs, PA 17007. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/13/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $ 124,694.31 Interest through 02/15/2004 $ 5,927.84 (Plus $ 23.08 per diem thereafter) Attorney's Fee $ 6,234.72 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 137,406.87 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sherift's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. {}403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with certificate of mailing. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $137,406.87, together with interest at the rate of $23.08 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Collette Carter, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, '~,~ ~~>/~~ ~~~ %~nd that she is authorized to n~ake this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. Collette Carter THIS MORTGAGE SECURES I~JTURE ADVANCES Wtllc. tt H~ A CO~~ OBLIGATION ~ ~ ....... DI~OU~ COMPANY, a ~nn~l~a ~tson, s I~nia ~ BENE~CIAL CONSUME~ .......... ~t~y a~/a BeneF~tal Mo~gaga ~. of Penn y , ~ BENE~CIAL ~NSUMER Dl~uun~ ~ s Penn.ia ~?ion, SPRTNGS D~T~_XORK ........ ._, pe~syl~n~, ~ an o~ and place of~ust~ al - WI~, l~t m sc~ p~m?t ~. Mongago~ of a c~dilandLme~a~su~Unt Ag~cto S~~, call~ " C~ll ~tg ~r~ith, ~ which M~gagee ,s ~llgatcd~o ~k~ ~ -~iom of ~his Monga~, ~E S~LE DE~ DA~ 05121/96 ~ RECO~ 05/28/]99~. ~ON~ ~ ~ ~CO~S OF ~g CO~ ~ STA~ SE~ FOR~ ~0~. Z~ VOL~ 139 PA~E TAX PARCEL 'rD: 22-28-2401.066 .Il)DRESS: 338 OLD STONEHOIISE RD BOLLING SPRINGS PA 17055 Municipal Tax Lot , Block ............. Uniform Parcel Identifier .. 22-28-2A01.066 Being premises cm[v~d to Mortgagors by de~:~p(convnyance duly recorded in the office for the Recording of Deeds in this County in DeedBook No. ,-~ , Page tt~Z , as the Property therein described. r'l If this beoc is checked, this Mortgage is subjecl to a prior mortgage dated ...................... 19 .... exeeuted by Mortpgors to ................................................................... as mortgagee, whioh prior mongaga secures payment of a promissory note in the principal amount of $ ................. That prior mortgage was recorded on ........................... 19 ....... with the Recorder of the County of .......................... Pennsylvania, in Book , Page ............... TO HAVE AND TO HOLD the Property hereby granted and conveyed unto Mongagae, to and for the use and behoof of Mortgagee, its successors and assigns, forever. THIS MORTGAGE IS MADE subject to the following conditions, and Mortgagors agree: I. Mortgagors will make all payments on thc duc date thereof and perform all other obligations as required or provided herein and in the Agreement. 2. This Mortgage secures any and all future advances which Morlgagec shall make m Mortgagor under Ihe Agreement up to the Credit Line. 3. M.o. rtgagors will pay when due all taxes and asses.smcms levied or assessed against the Property or any part thereof, and will delwer receipts fGr those ~nyments to Mortgagee upon request and if Mortgagee pays any taxes or assessments plus penalties and costs, thc amounts so pa~d may be added to the unpaid balance of the debt secured by this Mortgage. 4. Moclgagors will keep the improvements on the Property constantly insured against flrc and such mher hazards, in such amount and with such carriers as Mortgagee shall approve, with loss, if any, payable to Mortgagee as its interest may appear. 5. Mortar. x, at ils option in case of default by Mongsgors of any obligation required of them under paragraphs 3 and 4 of this Mortgage, shall have the right to pay any taxes, assessments, water and sewer rents, insurance premiums and all mher charges and claims which Mortgagors have agreed Io pay under the terms of the Agreement and this Mortgage, and any and all monies so paid shall he n part of the debt hereby secured and recoverable as such, in all respacls, with interest thereon from the date of such payment. 6, Mortgagors wilt neither commit nor sufkr any s~rip, war, ge, impairment or deterioration of the Property, and will maintain the same in good order and repair. 7, In the event that Mortgagors default in the making of any paymenl duc and payable under the Agreement, or in thc keeping and parformance by Mortgagors of any of the conditions or covenants of this Mortgaga or Ihe Agreement, Mortgagee may forthwith bring an Action of Mongaga Foreclosure hereon, ur institute other foreclosure proceedings upon this Mort,gage, and may proceed to judgmcm and exeeulioo to recover the Unpaid Balauce of the Account plus accrued but unpaid interest, including attorney fees as permitted by law, costs of suil and costs of sale. 5. Upon commenccmcm of a suit in foreclosure of this Mortgage or suil to which Mortgagee may be rnadea Pafty by fearn of this Morlgage, or al any time during the pendency of any such suit, Mortgagee, uP<m application to Ihe appropriate court, at once, without notice to Mortgagor or any person claiming under Mortgagor. and wilh(ml considcralion of the adequacy of thc security or the solvency of Morlgagor, shall appoint a receiver for thc Property, The receiver shall (1) take possession of thc property: (2) make repairs and kccp thc Property m proper condition and repair; and (.1) pay (al all taxes and assessments accruing during the receivership, (b) all unpaid taxes and assessments unpaid and lax sales remamlng unredeemed, al or prior IO Ihe foreclosure sale, (c) all insurance premiums necoasary to keep the Property insured in accordance wilb Ibe provisions of this Mortgage, and (d) the expense of the receivership, and apply the balance, il' any. against thc indeb~ednese secured by this Mortgage, 9. If Morlgagors voluntarily shall sell or couvey the Property, in whole or in pan, or any interest in thai Property or by some ecl or means divest themselves of lille to the Property without Oblainlng the written consenl of Mortg, a~¢, then Mortgagee, al ils option, may declare thc entire balance of the Ioanplus interest on thc balance immediately due and p..a~1~ble. This option shall ~Ol apply if (I) Ihe sale of the Property is permitledbeeause the purchaser's crcditworthinesa is sattsfactory to Morlgagee and (2) thai purchaser, prior to Iha sale, has execuled a wrillen assumptio~ agrcemem containing terms prescribed by Mortgagee, including, if rcquh'ed, an increase in the n~te of inleresl payable under the A§reement. 10. Mongsgora, and each of Ihem in Ibis Mortgage. hereby waive and release all benefit and relief from uny and all appraisement, stay and exemption laws, now in force or hereafter passed, ei~her for the benefit or relief of Moslgagors which limit the unpaid principal balanc~ due uudcr thc Nme to a sum not tn cxccss of the amount aclually paid by the purchaser of the Property al n sate o[ the Property in any judicial proceedings upon the Nme or upon this Mortgage, cxemp~ the Property or any olher premises or prope~y, real or penonal, or any part o! the proceeds of.~alc thereof, from nttschmem, levy or sale under execution, or provide for any slay of executio~ or other process.. 1 ]. Mortgagor warrants that (1) thc Property has nm been u~ed in Ihe pasl and is not presendy used for hazardous and/of toxic waste, (2) Ibe Property complies wilh all fodcral, state and local cnvironmcnlal laws regarding hazardous and/et to~ic waste, (3) asbestos has not becn used us a building malarial on any building matcria) on any building crec~ed on the Property in Ihe peal, (4) the Properly is nm presently used for asbestos storage and (5) thc Morlgagor complies with ell federal, state, and local laws, as well ns regulations, regarding the usc and slorage of asbestos. 12. Mortga~or conveannts and agrees to comply with all federal, state, and local environmental laws in the maintenance and use of the Pro~rty, 13. Monga~or warrants thai nci~hcr thc Property nor thc loan proceeds were or will be used in illegal drug activity, and the Property is nm subject to seizure by any governmentalauthority because of any illegal drug activily. BUT PROVIDED ALWAYS, that if Mortgagors do pay or cau~ this Mortgage aud the debt hereby secured to be paid in full, on Ihe day and in Ihe manner provided in the Agreetocnt, then this Mortgage and Ihe eslatC hereby granted shall cease and determine and become 'void, anything herein to the contrary notwithstanding. The covenants herein contained shall bind, and thc benefits and advantages shall inure to, thc respective heirs, executors, administrators, suecas~ors, and assigns of Ihe parties hereto. Whenever used, thc singular number shall include the plural. Ihe plural the singular, and the use of any gender shall be applicable ~o all genders. Payment o~.,~is Mortgage is subject to thc terms and conditions (~f Ihe Agreement of even date between Mortgagors and Morlgagee. IN w!2~N.~..~W~i.~'EOF, Morlgagors have signed this Mortgage, with seal(s)affixed, on the date first above wrilten. (SEAL) SO'nS w,..., (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ) SS.: COUNTY OF ___OA_UPH:[~ ...................... ) On this the _._._9__TH .... day of t, tARC.~H ............ 19._.~8_., before me, _._,,T0~H~I___R_,. _~_~]~ ....... (Name of Officer) the undersigned officer, personally appeared . .E~_ER ..J_ACOt~ on. _R~..N_ ................................................ (Nmme of Bm~oweO known to me (or satisfactorily proven) to be Ihe person whose name ..~_~.S__ subscribed to thc within instrument and acknowledged thai __]L~ ..... executed the same for the purposes herein contained. I~lsh~/they WITNESS my hand and seal, Ihe day and y~ar aforesaid. (SEAL) My commission cxpires: ..................... RL 4 PA 2U1221~q, Ed. Nov. '~4 CERTIFICATE OF RESIDENCE I, ~C~ ~._~___.J__gt~. _Z~.$._. ~ ...... ~ ........... ;_._ ~ ~f .~I~;~];C];A.~ ~;O~IS1R~R..OZS¢OOX'~ .~0.- ......... *" ' 'Morlgagee named in Ihe foregoing Morlgagc, hcrc~ certify that thc correct rc~idence address of Ibc Morlgagcc is RL 4 PA 20/22/7.5, F~. Nov. '94 SHERIFF'S RETURN - REGULAR CASE NO: 2004-00756 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS GORDON EBER J A/K/A EBER JACOB JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPI~AINT - MORT FORE GORDON EBER J A/K/A EBER JACOB GORDON DEFENDANT , at 0815:00 HOURS, on the was served upon 1st day of March at CARLISLE, PA 17013 EBER J GORDON a true and attested copy of CUMBERLAiqD CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE by handing to COMPLAINT - the , 2004 MORT FORE together with and at the same time directing His attention to the contents thereof. sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this q ~-- day of Prothonotary So Answers: R. Thomas Kline 03/01/2004 MCCABE WEISBERG CONWAY By: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania v. Eber J. Gordon a/Ida Eber Jacob Gordon Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-756 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDOMENT Defendant Complaint TO THE PROTHONOTARY: Kindly enter judgment by against in answer as Procedure and assess damages as Principal Interest from 2/16/04-5/21/04 (at 23.08 per diem) TOTAL and against damages are and costs. default in favor of Plaintiff and the above-captioned matter for failure to required by Pennsylvania Rules of Civil follows: $ 137,406.87 $ 2,192.60 $ 139,599.47 Judgment is entered fay Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Defendant Eber J. Gordon a/k/a Eber Jacob Gordon and assessed in the amount of $139,599.47, plus interest BY THE PROTHONOTARY: McCABE, WEISBERG AND CON-WAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania V. Eber J. Gordon a/k/a Eber Jacob Gordon Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-756 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Eber J. Gordon a/k/a Eber Jacob Gordon, is over eighteen (18) years of age, and resides at 338 Old Stonehouse Road, Boiling Springs, PA 17007. SWORN TO AND SUBSCRIBED BEFORE ME THIS 21~t DAY OF MAY, 2004 . NOTARY PUBLIC flOTARLN,. SEAt. ~,flCh~LLE A. I-)OI**,%CIK, Nota~y~ Public McCABE, WEISBERG AND COIqWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania v. Eber J. Gordon a/Wa Eber Jacob Gordon Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-756 Civil Term CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten {10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS 21s~ DAY OF M3~Y, 2004. NOTARY PUBLIC R Q~ J. cCABE, ESQUIRE Attorney for Plaintiff Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 March 29, 2004 To: Eber J. Gordon a/k/a Eber Jacob Gordon 338 Old Stonehouse Road Boiling Springs, PA 17007 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Eber J. Gordon Wk/a Eber Jacob Gordon Cumberland County Court of Common Pleas Number 04-756 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERLY 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HARER 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 SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (I O) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTA~ SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO [NMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR 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 ELEGIBLE$ EN UN HONOIL~RIO REDUCIDO NI NINGON HONORARIO. Cumberland CountyBarAssociation 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 TJM/cc Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WE1SBERG & CONV~AY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 Curt Long Prothonotary To: OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 March 29, 2004 Francis A. Zulli, Esquire c/o Eber J. Gordon afl, fa Eber Jacob Gordon 109 Locust Street - P.O. Box 1121 Harrisburg, PA 17108~1121 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas VS. Eber J. Gordon a/k/a Eber Jacob Gordon Nmber 04-756 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE 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 W[TItIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINSTYOUWITHOUTAHEARINGANDYOUMAYLOSEYOURPROPERTY OR OTHER IMPORTANT PdGHTS. 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 LAW~'ER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU W]TH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 USTED SE ENCUENTRA EN ESTADO DE REBELD[A POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR La_ ACCION DEBIDA DENTRO DE DIEZ ( l 0) 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 ?ODRIA PERDER BIENES U OTROS DERECHOS 1MPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE~ SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACI~N ACERCA DE EMPLEAR A UN CumbeflandCountyBar Association 2LibertyAvenue Carlisle, PA, 17013 800-990-9108 TJM/cc Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Eber J. Gordon a/k/a Eber Jacob Gordon 338 Old Stonehouse Road Boiling Springs, PA 17007 Beneficial Consumer Discount Company, d/Wa Beneficial Mortgage Company of Pennsylvania V. Eber J. Gordon a/Wa Eber Jacob Gordon Cumberland County Court of Common Pleas Number 04-756 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Escuire at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Eber J. Gordon a/k/a Eber Jacob Gordon c/o Francis A. Zulli, Esquire 109 Locust Street - P.O. Box 1121 Harrisburg, PA 17108-1121 Beneficial Consumer Discount Company, dgo/a Beneficial Mortgage Company of Pennsylvania V. Eber J. Gordon a/k/a Eber Jacob Gordon Cumberland County Court of Common Pleas Number 04-756 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. C~ 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. Eber J. Gordon a/k/a Eber Jacob Gordon FILE NO.: 04-756 Civil Term AMOUNT DUE: #139,599.47 ~,/ INTEREST: from 5/22/04 - 9/8/04 $2,500.46 at 22.94 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 338 Old Stonehouse Road, Boiling Springs, PA 17007 (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 May 21, 2004 Signature: % ~ .%~~/''~ Print Name: TERRF. N~E J. McCABE, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelohia, PA 19109 Plaintiff (215) 790 1010 16496 Attorney for: Telephone: Supreme Court ID No. LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Village of Churchtown, Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael C. D'Angelo, registered Surveyor under date of August 24, 1977, as follows: BEGINNING at a point on the Western side of Main Street, which point is 30.8 feet South of Route 174; thence along the Western line of Main Street, South 17 degrees 00 minutes East 47.50 feet to a point at line of property now or late of E. Williams; thence along said last mentioned line, South 73 degrees 00 minutes West 39.23 feet to a point; thence continuing along said Williams' land, South 75 degrees 39 minutes 14 seconds West 93.37 feet to a hub on the Eastern side of a twelve foot wide alley; thence along said last mentioned line, North 16 degrees 03 minutes 40 seconds West 45.88 feet to a hub at the line of lands now or late of L. Enck, heirs; thence along said last mentioned line. North 74 degrees 29 minutes 36 seconds East 103.48 feet to a point; thence continuing along the same, North 73 degrees 00 minutes East 28.30 feet to a point on the Western side of Main Street, the place of beginning. CONTAINING an exact frontage of 48 feet and 6 inches on said Main Street and having a depth of 150 feet, more or less. BEING KNOWNAS 338 Old Stonehouse Road, Boiling Springs, PA 17007. Being the same premises which Eber Jacob Gordon and Cheryl A. Gordon, his wife, by deed dated the 21't day of May 1996, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 139, Page 1142, granted and conveyed to Eber J. Gordon a/k/a Eber Jacob Gordon, a married man in fee. TAX MAP PARCEL NUMBER: 22-28-2401-066 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-756 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONS. DISC. CO, D/B/A BENEFICIAL MORTGAGE CO. OF PA Plaintiff(s) From EBER GORDON A/K/A EBER JACOB GORDON, 338 OLD STONEHOUSE ROAD, BOILING SPRINGS PA 17007. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 338 OLD STONEHOUSE ROAD, BOILING SPRINGS PA 17007 (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 attachmem has been issued; (b) the garmshee(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 propexty 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 h/m/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 139,599.47 L.L. $.50 Interest FROM 5/22/04 TO 9/8/04 ~ $22.94 per diem -- $2,500.46 Atty's Comm % Due Prothy $I.00 Atty Paid $110.00 Other Costs Plaintiff Paid Date: JUNE 8, 2004 (Seal) REQUESTING PARTY: Name TERRENCE J MCCABE, ESQ. Address: 123 S. BROAD ST., STE 2080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 16496 CURTIS R. LONG Protho~ary McCABE, WEISBERG A/~D CONWA¥, P.C. BY~ TERRENCE J. McCABE, ESQUIRE Identification Nua%ber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania V. Eber J. Gordon a/Wa Eber Jacob Gordon Cumberland County Court of Common Pleas Number 04-756 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 338 Old Stonehouse 17007, a copy of the description of hereto and marked Exhibit "A." 1. Name and address of Owner(s) Name Road, Boiling Springs, PA said property is attached or Reputed Owner(s): Address Eber J. Gordon a/k/a Eber Jacob Gordon Eber J. Gordon a/k/a Eber Jacob Gordon c/o Francis A. Zulli, Esquire 338 Old Stonehouse Road Boiling Springs, PA 17007 109 Locust Street - P.O. Box 1121 Harrisburg, PA 17108-1121 Name and address of Defendant(s) in the judgment: Name Address Eber J. Gordon a/k/a Eber Jacob Gordon Eber J. Gordon a/k/a Eber Jacob Gordon c/o Francis A. Zulli, 3. Name whose judgment is a Name Esquire 338 Old Stonehouse Road Boiling Springs, PA 17007 109 Locust Street P.O. Box 1121 Harrisburg, PA 17108-1121 and last known address of every judgment creditor record lien on the real property to be sold: Address Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa P.O. Box 8604 Elmhurst, IL 60126 1292 Green Springs Drive York, Pa 17402 4. Name and address of the last recorded holder of every mortgage of record: Name Address First Federal Savings Loan Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa 50 Litchfield Street Torrington, CT 06790 1292 Green Springs Drive York, Pa 17402 Cheryl Ann Gordon Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa 4907 Delbrook Road Mechanicsburg, Pa 17050 351 Loucks Road York, Pa 17404 P.O. Box 8604 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant ( s ) 338 Old Stonehouse Road Boiling Springs, PA 17007 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa0C.S. Section 4904 relating to unsworn falsification to authorities. May 21, DATE 2004 ' 1Attorn y for Plalnt'~ LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Village of Churchtown, Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael C. D'Angelo, registered Surveyor under date of August 24, 1977, as follows: BEGINNING at a point on the Western side of Main Street, which point is 30.8 feet South of Route 174; thence along the Western line of Main Street, South 17 degrees 00 minutes East 47.50 feet to a point at line of property now or late of E. Williams; thence along said last mentioned line, South 73 degrees 00 minutes West 39.23 feet to a point; thence continuing along said Williams' land, South 75 degrees 39 minutes 14 seconds West 93.37 feet to a hub on the Eastern side of a twelve foot wide alley; thence along said last mentioned line, North 16 degrees 03 minutes 40 seconds West 45.88 feet to a hub at the line of lands now or late of L. Enck, heirs; thence along said last mentioned line. North 74 degrees 29 minutes 36 seconds East 103.48 feet to a point; thence continuing along the same, North 73 degrees 00 minutes East 28.30 feet to a point on the Western side of Main Street, the place of beginning. CONTAINING an exact frontage of 48 feet and 6 inches on said Main Street and having a depth of 150 feet, more or less. BEING KNOWN AS 338 Old Stonehouse Road, Boiling Springs, PA 17007. Being the same premises which Eber Jacob Gordon and Cheryl A. Gordon, his wife, by deed dated the 21't day of May 1996, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 139, Page 1142, granted and conveyed to Eber J. Gordon a/k/a Eber Jacob Gordon, a married man in fee. TAX MAP PARCEL NUMBER: 22-28-2401-066 McCABE, WEISBERG AND CONWA¥, P.C. BY: TERRENCE J. McCABE, ESQUIRE 'Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company, d/Wa : Beneficial Mortgage Company of Pennsylvania : V. Eber J. Gordon Wk/a Eber Jacob Gordon Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-756 Civil Term TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Eber J. Gordon a/k/a Eber Jacob Gordon 338 Old Stonehouse Road Boiling Springs, PA 17007 Your house (real estate) at 338 Old Stonehouse Road, Boiling Springs, PA 17007, is scheduled to be sold at Sheriff's Sale on September 8, 2004 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $139,599.47 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. YOU may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. '(See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2 o You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. TO find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7 o You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Village of Churchtown, Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael C. D'Angelo, registered Surveyor under date of August 24, 1977, as follows: BEGINNING at a point on the Western side of Main Street, which point is 30.8 f~e~'~gouth of Route 174; thence along the Western line of Main Street, South 17 degrees 00 minutes East 47.50 feet to a point at line of property now or late of E. Williams; thence along said last mentioned line, South 73 degrees 00 minutes West 39.23 feet to a point; thence continuing along said Williams' land, South 75 degrees 39 minutes 14 seconds West 93.37 feet to a hub on the Eastern side of a twelve foot wide alley; thence along said last mentioned line, North 16 degrees 03 minutes 40 seconds West 45.88 feet to a hub at the line of lands now or late of L. Enck, heirs; thence along said last mentioned line. North 74 degrees 29 minutes 36 seconds East 103.48 feet to a point; thence continuing along the same, North 73 degrees 00 minutes East 28.30 feet to a point on the Western side of Main Street, the place of beginning. CONTAINING an exact frontage of 48 feet and 6 inches on said Main Street and having a depth of 150 feet, more or less. BEING KNOWNAS 338 Old Stonehouse Road, Boiling Springs, PA 17007. Being the same premises which Eber Jacob Gordon and Cheryl A. Gordon, his wife, by deed dated the 213' day of May 1996, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 139, Page 1142, granted and conveyed to Eber J. Gordon a/k/a Eber Jacob Gordon, a married man in fee. TAX MAP PARCEL NUMBER: 22~28-2401-066 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE . Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania V. Eber J. Gordon a/Wa Eber Jacob Gordon Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-756 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the ~DAY OF JULY, 2004, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit ~A". Copies of attached hereto, the letter and certifica~Se of mailing are also made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS ~'~DAY OF JULY, 2004. '-NOTARY PU~I,I~ [~_.._% i TERR~Nt~hE J~. b~cCABE, ESQUIRE AttornL~y for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE · Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Att~-orney for Plaintiff Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania V. Eber J. Gordon adk/a Eber Jacob Gordon Cu.mberland County Court of Common Pleas Number 04-756 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorlney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 338 Old Stonehouse Road, Boiling Springs, PA 17007, a copy of the description of said property is attached hereto and marked Exhibit "A." Name and address of Owner(s) or Reputed Owner(s) : Name Address Eber J. Gordon a/k/a Eber Jacob Gordon Eber J. Gordon a/k/a Eber Jacob Gordon c/o Francis A. Zulli, Esquire 338 Old Stonehouse Road Boiling Springs, PA 17007 109 Locust Street P.O. Box 1121 Harrisburg, PA 17108-1121 o Name and address of Defendant(s) in the judgment: Name Addre s s Eber J. Gordon a/k/a Eber Jacob Gordon Eber J. Gordon a/k/a Eber Jacob Gordon c/o Francis A. Zulli, Esquire 338 Old Stonehouse Road Boiling Springs, PA 17007 1(19 Locust Street P.O. Box 1121 Harrisburg, PA 17108-1121 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa P.O. Box 8604 Elmhurst, IL 60126 1292 Green Springs Drive York, Pa 17402 EXHiBiT Name and address of the last recorded holder of every mortgage of record: Name Address First Federal Savings Loan Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa 50 Litchfield Street Torrington, CT 06790 1292 Green Springs Drive York, Pa 17402 Cheryl Ann Gordon Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa 4907 Delbrook Road Mechanicsburg, Pa 17050 351 Loucks Road York, Pa 17404 P.O. Box 8604 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant ( s ) 338 Old Stonehouse Road Boiling Springs, PA 17007 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfare P..O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. July 21, 2004 DATE TERREN¢~]~ABE, ESQUIRE Attorney for Plaintiff EXHIBIT McCABE, WEISBERG AND CONWAY, P.C. BY: TERREHCE J. McCABE, ESQUIRE identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania Eber J. Gordon a/k/a Eber Jacob Gordon Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-756 Civil Term DATE: July 21, 2004 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER (S): PROPERTY: IMPROVEMENTS: Eber J. Gordon a/k/a Eber Jacob Gordon 338 Old Stonehouse Road, Boiling Springs, Residential Dwelling PA 17007 The above-captioned property is scheduled to be sold at the Sheriff's Sale on September 8, 2004, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests.. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIB%T "B," X [ i ~e, urn] ~eceil~t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ? SS: 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 C D C dba Beneficial Mtg Co of Pa is the grantee the same having been sold to said grantee on the 8th day of Sept A.D., 2004, under and by virtue of a writ Execution issued on the 8th day of June, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 756, at the suit of Beneficial C D C dba Beneficial Mte Co of Pa against Eber J Gordon aka Eber Jacob Gordon is duly recorded in Sheriff's Deed Book No. 265, Page 2005. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c~D ~ ~ day of , A.D2004 Beneficial Consumer Discount Company dgo/a Beneficial Mortgage Company of Pennsylvania VS Eber J. Gordon a/k/a Eber Jacob Gordon In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-756 Civil Term R. Thomas Klinc, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Eber J. Gordon a/k/a Eber Jacob Gordon, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. YORK COUNTY RETURN: And Now, July 2, 2004 at 2:05 o'clock P.M. served the within Real Estate Writ, Notice of Sale and Description upon the within named defendant, to wit: Eber J. Gordon a/k/a Eber Jacob Gordon, by making known unto Joyce Allison, wife of defendant, at 432 Hill North Dale Drive, York, Pennsylvania, its contents and at the same time handing to her personally the said tree and attested copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 4:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Eber J. Gordon a/k/a Eber Jacob Gordon located at 338 Old Stonehouse Road, Boiling Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Eber J. Gordon a/k/a Eber Jacob Gordon, by regular mail to his last known address of 432 Hill North Dale Drive, York, PA 17403-4738. This letter was mailed under the date of July 26, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 8, 2004 at 10:00 o'clock A.M. He sold the same for the stun of $1.00 to Attorney Terrence McCabe for Beneficial Consumer Discount Company dgo/a Beneficial Mortgage Company of Pennsylvania. It being the highest bid and best price received for the same, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania of 961 Weigle Drive, P.O. Box 8604, Elmhurst, IL 60126, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $929.06. Sheriffs Costs: Docketing $30.00 Poundage 18.22 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 5.92 Levy 15.00 Surcharge 20.00 Out of County 9.00 York County 24.50 Law Journal 330.50 Patriot News 309.43 Share of Bills 30.49 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 929.06 Sworn and subscribed to before me This //~ day of ~ 2004, A.D. ~ ~ ~ ~Prdthonotary t~ So Answers: R. Thomas Kline, Sheriff Real Estatc:UDeputy ~cCABE, WEISBERG AIqD coIqwAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 164~6 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania V. Eber J. Gordon a/k/a Eber Jacob Gordon Cumberland County Court of Common Pleas Number 04-756 Civil T~ AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 338 Old Stonehouse 17007, a copy of the description of hereto and marked Exhibit "A." 1. Name and address of Owner(s) Name Road, Boiling Springs, PA said property is attached or Reputed Owner(s): Address Eber J. Gordon a/k/a Eber Jacob Gordon Eber J. Gordon a/k/a Eber Jacob Gordon c/o Francis A. Zulli, Esquire 338 Old Stonehouse Road Boiling Springs, PA 17007 109 Locust Street P.O. Box 1121 Harrisburg, PA 17108-1121 2. Name and address of Defendant(s) in the judgment: Name Address whose Eber J. Gordon a/k/a Eber Jacob Gordon Eber J. Gordon a/k/a Eber Jacob Gordon c/o Francis A. Zulli, Esquire 338 Old Stonehouse Road Boiling Springs, PA 17007 109 Locust Street P.O. Box 1121 Harrisburg, PA 17108-1121 3. Name and last known address of every judgment creditor judgment is a record lien on the real property to be sold: Name Address Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa P.O. Box 8604 Elmhurst, IL 60126 1292 Green Springs Drive York, Pa 17402 4. Name and address of the last recorded holder of every mortgage of record: Name Address First Federal Savings Loan Beneficial Consumer D, iscount Co d/b/a Beneficial Mortgage Co of Pa 50 Litchfield Street Torrington, CT 06790 1292 Green Springs Drive York, Pa 17402 Cheryl Ann Gordon Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of Pa 4907 Delbrook Road Mechanicsburg, Pa 17050 351 Loucks Road York, Pa 17404 P.O. Box 8604 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant ( s ) 338 Old Stonehouse Road Boiling Springs, PA 17007 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. May 21, DATE 2004 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Village of Churchtown, Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael C. D'Angelo, registered Surveyor under date of August 24, 1977, as follows: BEGINNING at a point on the Western side of Main Street, which point is 30.8 feet South of Route 174; thence along the Western line of Main Street, South 17 degrees 00 minutes East 47.50 feet to a point at line of property now or late of E. Williams; thence along said last mentioned line, South 73 degrees 00 minutes West 39.23 feet to a point; thence continuing along said Williams' land, South 75 degrees 39 minutes 14 seconds West 93.37 feet to a hub on the Eastern side of a twelve foot wide alley; thence along said last mentioned line, North 16 degrees 03 minutes 40 seconds West 45.88 feet to a hub at the line of lands now or late of L. Enck, heirs; thence along said last mentioned line. North 74 degrees 29 minutes 36 seconds East 103.48 feet to a point; thence continuing along the same, North 73 degrees 00 minutes East 28.30 feet to a point on the Western side of Main Street, the place of beginning. CONTAINING an exact frontage of 48 feet and 6 inches on said Main Street and having a depth of 150 feet, more or less. BEING KNOWNAS 338 Old Stonehouse Road, Boiling Springs, PA 17007. Being the same premises which Eber Jacob Gordon and Cheryl A. Gordon, his wife, by deed dated the 21s' day of May 1996, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 139, Page 1142, granted and conveyed to Eber J. Gordon a/k/a Eber Jacob Gordon, a married man in fee. TAX MAP PARCEL NUMBER: 22-28-2401-066 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, S~ite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania V. Eber J. Gordon a/Wa Eber Jacob Gordon Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-756 Civil T~ma TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Eber J. Gordon a/k/a Eber Jacob Gordon 338 Old Stonehouse Road Boiling Springs, PA 17007 Your house (real estate) at 338 Old Stonehouse Road, Boiling Springs, PA 17007, is scheduled to be sold at Sheriff's Sale on September 8, 2004 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $139,599.47 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OW17ER'S RIOHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike o~ open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance, you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT~ER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to petition the Court to set aside ~he sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. o You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CIIMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Village of Churchtown, Monroe Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael C. D'Angelo, registered Surveyor under date of August 24, 1977, as follows: BEGINNING at a point on the Western side of Main Street, which point is 30.8 feet South of Route 174; thence along the Western line of Main Street, South 17 degrees 00 minutes East 47.50 feet to a point at line of property now or late of E. Williams; thence along said last mentioned line, South 73 degrees 00 minutes West 39.23 feet to a point; thence continuing along said Williams' land, South 75 degrees 39 minutes 14 seconds West 93.37 feet to a hub on the Eastern side of a twelve foot wide alley; thence along said last mentioned line, North 16 degrees 03 minutes 40 seconds West 45.88 feet to a hub at the line of lands now or late of L. Enck, heirs; thence along said last mentioned line. North 74 degrees 29 minutes 36 seconds East 103.48 feet to a point; thence continuing along the same, North 73 degrees 00 minutes East 28.30 feet to a point on the Western side of Main Street, the place of beginning. CONTAINING an exact frontage of 48 feet and 6 inches on said Main Street and having a depth of 150 feet, more or less. BEI~GKNOWNAS 338 Old Stonehouse Road, Boiling Springs, PA 17007. Being the same premises which Eber Jacob Gordon and Cheryl A. Gordon, his wife, by deed dated the 2Vt day of May 1996, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 139, Page 1142, granted and conveyed to Eber J. Gordon aYk/a Eber Jacob Gordon, a married man in fee. TAX MAP PARCEL NUMBER: 22-28-2401~066 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-756 Civil COUNTY OF CUMBERLAND) C1V1L ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONS. DISC. CO. D/B/A BENEFICIAL MORTGAGE CO. OF PA Plaintiff(s) From EBER GORDON A/K/A EBER JACOB GORDON, 338 OLD STONEHOUSE ROAD, BOILING SPRINGS PA 17007. (1) You are directed to levy upon the property of the defendant (s)aud to sell REAL ESTATE LOCATED AT 338 OLD STONEHOUSE ROAD, BOILING SPRINGS PA 17007 (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) au 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 attachraent is found in the possessiun 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. AmountDue 139,599.47 L.L. $.50 Interest FROM 5/22/04 TO 9/8/04 ~ $22.94 per diem -- $2,500.46 Atty's Cornm % Due Prothy $1.00 Atty Paid $110.00 Other Costs PlaintiffPaid Date: JUNE 8, 2004 (Seal) REQUESTING PARTY: Name TERRENCE J MCCABE, ESQ. Address: 123 S. BROAD ST., STE 2080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 16496 CURTIS R. LONG Prothc~i~tary Real Estate Sale #43 On June 15, 2004 the sherifflevied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 338 Old Stonehouse Road, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June l 5, 2004 By:X~Jtt c~/3~ Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Communwealth of Pcnnsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Peunsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, Cotmty of Danphin, 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/ur Sunday/Metro editions which appeared on the 27th day(s) of Suly and the 3rd and 10th day(s) of August 2004. That neither he nor said Company is interested in the subject mat~er of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication arc 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 dkectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Danphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALEg43 Harrisburg, uaup~ n ~0~6~Y-w , x/ Member,PonnsylvanlaAssoci~tio~SSiOa expires J~c 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 309.43 Pubhsher s Receipt for Advertising Cost ...... ~ubhsher of The Pamot-News and The Sunday Patriot-News, newspaners of general PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the san~e as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ MTATS ~S NO. 45 Writ No. 2004-756 Civil Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of PennsyIvania VS. Eber J. Gordon, a/k/a Eber Jacob Gordon Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Village of Churchtov~l, Monroe Township, Cumberland County, Pennsylvania, more part/cularly bounded and de- scribed in accordance with a survey by Michael C. D'Angelo, registered Surveyor under date of August 24, 1977. as follows: BEGINNING at a point on the Western side of Main Street, which point is 30,8 feet South of Route 174; thence along the Western line of Main Street, South 17 degrees (ffsa u yn o SWORN TO AND SUBSCRIBED before me this 30 .day of JULY 2004 LOIS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission Expires Mamh 5, 2005