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Home My WebLink About04-0883McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE Jo McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IL 60126 Attorney for Plaintiff Cumberland County Court of Common Pleas William H. Headley 6 San Juan Drive Mechanicsburg, PA 17055 and Carol A. Headley 6 San Juan Drive Mechanicsburg, PA 17055 Number C)/,/--~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE YOU have been sued in court. If you wish to defend againsf the claims set forth in the following ~ages, you r~lst take action with/n tw~lty (20) days after tb/s complaint ~nd notice are served, by e~tering a written appearance personally or by attoIney and filing in writing with the court your defenses or objections to the claims set forth against y~u. You are warned that if you fail to do so the case may proceed without you ~nd a jud~t may be entered against you by the court without further notice for any money claimed in the complaint or for any other clai~ or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800 990-9108 AVISO Le ~an d~dado a usted e~ la corte. Si usted quiere def~nderse de estas demandas ~-puestas ~] las paginas siguientes, usted tiene veinte (20) d/as de plazo al partir de la fecha de la demanda y la notificacion. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABA JO. ESTA OFICINA LO PUEDE PROPORClONAR CON INFORMATION ACERCA DE EMPLEAR A UN AB OGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFlCINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENClAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO~ Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P. Co BY.' TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IL 60126 William H. Headley 6 San Juan Drive Mechanicsburg, PA 17055 and Carol A. Headley 6 San Juan Drive Mechanicsburg, PA 17055 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is William H. Headley, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 6 San Juan Drive, Mechanicsburg, PA 17055. 3. The Defendant is Carol A. Headley, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 6 San Juan Drive, Mechanicsburg, PA 17055. 4. On 09/09/1998, 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 1482, Page 316. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 6 San Juan Drive, Mechanicsburg, PA 17055. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/09/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 109,276.49 Interest through 02/15/2004 $ 9,141.03 (Plus $ 29.90 per diem thereafter) Attorney's Fee $ 5,463.83 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 124,431.35 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. {}403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with certificate of mailing. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $124,431.35, together with interest at the rate of $29.90 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. RENCE J. MOL:~BE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Collette Carter, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, ~.~1_~~ ~~~~ ~ , and that she is authorized to ~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 MORTGAGEI THIS MORTGAGE is made thla ~TH day of SEPTEMBER 19 90 , I~tw~n the Mortgagor, WlLL~AM H. HEADLEY CAROL A. HEADLEY (hewn ~rmwer"), and Mortgag~ HOUSEHOLD FINANCE CONS~EE D I SCDUNT C~PANY a ~r~ration or~z~ and e~sfing under ~e laws of PENNSYLVAN t A ,who~ add~'i~ 25 GATEWAY DRIVE, GAT~AY SQUARE/SUITE 107. MECHANICSBURG, PA 17055 T~e ~Ollowias ~ra~ap~ pvecedefl by a ch~k~ box is applicable. ¢W~R~, is ~ndeb~ to ~d~ in the pHn~ sum n~ by ~ow~ s ~n Re~yment and ~ufity &~m~t or SEPTEMBER 9, 1998 ~d ~ e~o~ or ~cwals thcr~f (h~n "Note"), ~ovid~4 for money i~allmcn~ of prlnd~l ~d int~ i~l~ng any ~J~m~ to the amount.of ~ymenm or ~e ~nt~et ra~ if ~t rate is v~iable, with the ~l~ce of ~e indeb~n~, if not ~ner ~id, d~ and ~yable on S~PT~R ~, 2023 ; ~ W~R~S, Borroww is in~bt~ to ~n~ in the ~inci~ ~m of $ ~ may ~ adv~c~ puget w Bo~w~'s Revolving ~n A~m~t ~ aM e~io~ and ~ewals t~f {herdn 'Note'), woviding for moa~y i~llmen~, ~d iater~t at ~e ra~ ~ ~d~ the ~rms s~ifi~ in the Note. inclv~ng any adj~imen~ in the in~ ~te ii tMt ~te is variable, and ~oviding for a ~t limit s~t~ in ~e pri~i~ sum a~ve and an initial adv~ of $ ; TO SEC~E to ~der ~e ~yment of (I) the indeb~n~ eviden~ by ~e No~, wi~ in~ induing any iner~ if the ~ntract rate ~ variable; (2) furze adv~ ~ym~t of all oth~ sums, with in~t thegn, advan~ Momgage; and (4) *he ~dorman~ of ~e ~v~nm and ag~m~ of h~eby mortgage, grant and ~nvey ~ ~der and ~nder~ suers and a~g~ the following d~fi~ pro.ay l~a~d in the County of C~BERLAN0 Commonw~lth of P~n~lvania: ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF UPPER ALLEN IN THE COUNTY OF CUMBERLAND AND COk/~ONWEALTH OF PENNSYLVANIA, BEING DESCRIBED AS FOLLOWS: BEING LOT #91 SECTION J MT. ALLEN HEIGHTS. TAX PARCEL ID: 42-29-2454-040. BEING MORE FULLY DESCRIBED IN A FEE SIMPLE DEED DATED 081061 1g71, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN VOLUME F24 PAGE 553 07-21-97 Mortgage PA Illllllllllllllllllllll TOGETHER with all the imp, ovements now r hereaft~ erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to 1 and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said prop 'ty {or the leasehold estate if this Mortgage is on a ' leasehold) are hereinafter referred to as the "Proper~y." --~orro~Cer-cove~mnta-tha~ Bo?rbwer i~ Ia~fully-s~iSed of th~ /~a-~-her~by-c~hv~y-~i~nc~ ~s ~the righ--(i~ mo-rt~ga~ grant and convey the Property, and that the property is unen( covenants that Borrower warrants and will defend generally subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant 1. Payment of Principal and Interest at Variable Rate interest due on a variable rate loan. Thc contract rate of inte umbered, except for encumbranceb of record. Borrower title to the Property against ali claims and demands, :l agree as follows: ;. This mortgage secures ail payments of principal and 'est 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 aw or waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and in:erest are l~yable under the Note, until the Note is paid in full, a sum (herein 'Funds"} equal to one-twelfth of the yearly tsx~ and asae~ments (including condominium and planned unit development assessments, if any) which may attain priori;y ov,r this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium iustsllments for hazard insurence, plus one-twelfth of yearly premium . instsllments for mortgage insurance, if any, all aa reasonably est/mated initially and from time to time by Lender on the basis of asser~ments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower ma~es 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 am insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay mid taxes, asse~ments, insurance premiums and ground rent~. Lender may not eherge for so holding and applying tM Funds, analyzing said account or ve-ifying and compiling mid assessments and bills, unless Lender pays Borrower interest on the Funds and applicable lsV permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of thi~ Mortgage that interest on the Fonds shall be paid to Borrower, and unies~ 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, toge'ber with th.~ future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premlbms and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and grounC mats aa they fall due, such ezcees shall be, at Borrower's option, e/they promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. ff tha amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents ss they fall due, Borrower shall pay to Lender any amount necessary 'o make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by th held by Lender. If under paragraph 17 hereof the Lender shall apply, no later than immediately prior held by Lender at the time of application as s eredi $. Application of Payments. Except for loans Act, all payments received by Lender under the payment of amounts payable to Lender by Borro principal. 4. Prior Mortgages and Deed of Trust; Cha~ under any mortgage, deed of trust or other securi s Mortgage, Lender shall promptly refund to Borrower any funds >roperty is sold or the Property is otherwise acquired by Lender, to the sale of the Property or its acquisition by Lender, any Funds ~ against the sums secured by this Mortgage. made pursdant to the Pennsylvania Consumer Discount Company e and paragraphs I and 2 hereof shall be applied by Lender first in ~er under oaragraph 2 hereof, then to interest, and then to the ges; Liens. Borrower shall perform all of Borrower's obligations ty agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when du~. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impoaition~ attributable to the Property which may attain a priority over this Mortgage, and lea~hold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvemelnta now existing or hereafter erected on the Property insured against loss by flro, hazards included wlth/n the term 'extended coverage,' and such other hazards as Lender ma7 require. The insurance carrier providing the insurance gaall be chela by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withhalc. All insurance polieies and renewals thereof shall be in n form acceptable to Lender and ~hall include a s-~andard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the tight to hold the po icies and renewals thereof, sub~ect to the terms of any mortgage, deed of trust or other security agreement with a ~ which has priority over this Mortgage. 07-2'1-97 Morigage PA PA00~242 FILE COPY In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof ~f loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 90 days from the date ~ L.~d~r tb B6~r6wc£th-St t~e ~n~ura~c~ c-ai'de~ 6l'fers 't6~sett]~a~clai~ f(~' in~ura~.~ ~ene~it~, Louder- ~s~ authorized to collect and appl~, the insurance proceeds at Lender's option either to restorat/un or repair of the Property or W the sums secured by this Mortgage. 6. Preservation and Maintennnce of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterinratien o[ 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 cnndomin/um 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 byqaws and regulations of the condomin/um or planned unit development, and constituent documents. 7. Protection o! Lender's Senurity, 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 intere~ in the Property, then Lender, at Lender's option, upon notice lo Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and ~ake such action as is ne~asary to protect Lender's interest. Any amounts disbursed by Lender t~rsuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower accutext by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amonnts shall he payable upon nntiee from Lender lo Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. g. 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 reasonable cause therefor related to Lender's interest in the Property. ., 9. Condemnation, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for convex, anco in lieu of condemnation, are hereby a~igned and shall he 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 socce~or 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 he a waiver of or preclude the exerelse of any such right or remedy. l 1. Successors and Assigns Bound; ~loint 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 15 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 {e) 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. 12. Notice. Except for any notice required under applicable law to be given in another manner, (aW 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 a~ Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mall 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 shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. l~. Governing Law; $cverabillty. 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 furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan As, cement. Bert rehabilitation, improvement, repair, or other lea Lehder's option, may require Borrower to execute of any rights, claims or defenses which ]Borrower connection ~ith/mprovements made to the Prupe: 16. Transfer of the Property. If Borrowe~ ewer shall Ifulfill all of Bo~rower's obligations under any home . agreemeq~ which Borrower enters into with Lender. Lender, at ad deliver }o Lender, in a form acceptable to Lender, an assignment ~s~lls or thnsfers all or any part of the Property or an interest therein, excluding (a) tho creation of a lien or er'cumbrence subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tens~, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creatiod 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 spou~ 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, (hi a transfer into an inter vivns trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of oceupency in the property, or (i} any other transfer or disposition described in regulations prescribed by the Fezteral Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to eva uate the transferee as if a new loan were l~ing made to the transferee. Borrower will continue to be ob. igated 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 exer~ise~ such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such not ce 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. NON-UNIFORM COVENANTS. Borrower and Lender furt ~er covenant and agree as followe 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, i aeluding the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: {1) the breacll; (2) the action required to cure such breach; (.1} a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must I~ cured; and (4) that failure to cure such breach on or before the dat~ specified in the notice may result in acceleration of the sums secured by this Mortgage, forec'osure by .~udicial 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 MoFtgsge to be immediately due and payable without further demand and may foreclose this Mort~ge by judicial proceeding. Lender shall be entitled ,1o collect in such proceeding all expenses of foreclosure including|, but not limited to, reasonable attorneys fees and costs of documentary evidence, abstracts and title report.~. 18. Borrower's Right to Reinstate. Notwiths-.andlng Lerder's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the fight :o have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcLng 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 Borrow~ contained in this Mortgage; lc) Borrower pays all reasonable expenses incurred by Leader in enforcing the coYenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided n paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lends~ 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 acoaleratio£ had occurred. 19. Assignment of Rents; Appointment of I~ecoiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shaH, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to col ect and ret*in such rents as they become due and payable. Upon asceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take posse,~on of and manage the Property and to collect the rents of the Property including those past due. All rents collesled by the mce/ver shall be applied first to payment of the costs of management of the Property and collection of rants, inclueing, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to tke sums securad by this Mortgage. The receiver shall be liable to account only for those rents actuall 07-21~97 M~rtgage PA PA00124¢ FILE COPY 20. Release. Upon payment of ali sums ~cured by this Mortgage, Lender shall rele,~se this Mortgage without charge to Borrower. Borrower shall pay aU costs of recordation, if any. or Federal law. 22. Interest Rate After Judgment. Borrower agr~s the interest rate payable after a judgment is ~terecl on the Note or in an actiun of mortgage for~.lq~..ure shall be the rate stated in the Note. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTOAOES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a Ilea which has priority over this Mortgage to give Notice to Lender, at Lender's addre~ set forth on page one of this Mortgage, of any default ut:der the superior encumbrance and of any sale or other foreclosure action. WILLIAM H HEADLE¥~// -Bor,ower CAROL A HEADLEY -Borrowar I hereby certify that the precise address of the Lender (Mortgegse) is: HOUSEHOLD FINANCE 25 GATEWAY DRIVE, MECHANICSBUR~, PA 17055 On behalf of the Leeder. By: MATT HERMAN Title: BRANCH MANAGER COMMONWEALTH OF PENNSYLVANIA, County sa: I, MATTHEW P HERMAN , a Notary Publie in aed for said county and state, do hereby certify that WILL~AM H HEADLEY & CAROL A HEADI,EY por$onslJy known to me to be the same pemon(s) whose name(s) a/' n subc~rJbed to the foregoing instrument, appeared before me this day in person, and acknowledge that t h~' . signed and delivered the said instrument as the±r free voluntary act, for tho uses and purposes therein set forth, Given under my hand and official seal, this My Commission expires: ~! Notarial Seal _ : M~ttl~.e3v p. Herman ' :: PA ~ot~miesloner of ~ < ? ., ~y Co~mt~ion : c ~ Feb. ~. 2~ 07-21-97 Mortgage PA Otb day of SEPTEMBER ,199,8 Notary Publ'c ~' This instrument was prepared by: ~: :77' m'/:7 CF~¥3, S~J~ i 07 (Spa~ ~ow TMs Line Reserr~ ~or ~ and R~er) Re~ Ho~Id ~i~n~ 5~ ~mont Road Elmhu~t, IL ~l~ PA001245 FILE COPY IIII SHERIFF'S ~ETU~N - NOT FOUMD CASE NO: 2004-00883 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS HEADLEY WILLIAM H ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT HEADLEY WILLIAM H unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 6 SAN JUAN DRIVE MECHANICSBURG, PA 17055 PROPERTY IS VACANT. FILE AT POST OFFICE. NO FORWARDING ON Sheriff's Costs: Docketing 18.00 Service 6.90 Not Found 5.00 Surcharge 10.00 .00 39.90 NOT FOUND HEADLEY WILLIAM H / R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 03/03/2004 Sworn and subscribed to before me this ~- day of ~ ~0~ A.D. Pro~h6not ary ' , as to SHERIFF'S RETURN - NOT FOU/qD CASE NO: 2004-00883 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS HEADLEY WILLIAM H ET AL R. Thomas Kline duly sworn according inquiry for the within named DEFENDANT HEADLEY CAROL A unable to locate Her in his bailiwick. ,Sheriff or Deputy Sheriff, who being to law, says, that he made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , NOT FOUND , HEADLEY CAROL A 6 SAN JUAN DRIVE MECHANICSBURG, PA 17055 PROPERTY VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 SO ans~wer~- ~-- R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 03/03/2004 Sworn and subscribed to before me this ~ day of ~ A.D. as to McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount Company V. William H. Headley and Carol A. Headley Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-88~ Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2004-00883 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS HEADLEY WILLIAM H ET AL REGULAR CPL. MICHAEL BARRICK , cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE HEADLEY WILLIAM H DEFENDANT at 1541:00 HOURS, on the at 1101 LINDHA~ COURT APT 702 MECHANICSBURG, PA 17055 CAROL A HEADLEY, WIFE a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 8th day of April , 2004 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /~~ day of ~ ~L6~O ~ A.D. ~ ~rothonotary So Answers: R. Thomas Kline 04/12/2004 MCCABE WEISBERG ~Y ~ ~ - REGULAR SHERIFF'S RETURN CASE NO: 2004-00883 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS HEADLEY WILLIkM H ET AL CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 8th day of April says, the within COMPLAINT - MORT FORE HEADLEY CAROL A DEFENDANT , at 1541:00 HOURS, on the APT 702 by handing to at 1101 LINDHAM COURT MECHANICSBURG, PA 17055 CAROL A HEADLEY a true and attested copy of COMPLAINT - MORT FORE the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of J~rothonotary So Answers: R. Thomas Kline 04/12/2004 MCCABE WEISBERG CONWAY McCABE, WEISBERG AND CONWAY, P.C. 'BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount Company William H. Headley and Carol A. Headley Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-883 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter against Defendant answer Complaint judgment by default in favor of Plaintiff and in the above-captioned matter for failure to as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $ 124,431.35 Interest from 2/16/2004-6/2/2004 (at 29.90 per diem) $ 3,199.30 TOTAL $ 127,630.65 Judgment is entered in favor of Plal'Titiff, Household Finance Consumer Discount Company and against Defendants William H. Headley and Carol A. Headley and damages are assessed in the amount of $127,630.65, plus interest and costs. McCABE, WEISBERG AND CONWAY, P.C. · BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount Company William H. Headley and Carol A. Headley Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-883 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, william H. Headley and Carol A. ~eadley, are over eighteen (18) years of age, and reside at 1101 Lindham Court, Apartment 702, Mechanicsburg, PA 17055. SWORN TO AND SUBSCRIBED BEFORE ME THIS 2nd DAY OF JUNE, .2004. NOTARY PUBLIC TERRE~CE J. McCABE, ESQUIRE Attorfley for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY= TERRENCE J. McCABE, ESQUIRE Identification Number 16%96 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount Company William H. Headley and Carol A. Headley Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-883 Civil Term CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit SWORN TO AND SUBSCRIBED BEFORE ME THIS 2~d DAY OF JUNE, 2004. NOTARY PUBLIC NOTAR~J- SEAL Attorney for Plaintiff Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 May 4, 2004 To: Carol A. Headley 1101 Lindham Court - Apartment 702 Mechanicsburg, PA 17055 Household Finance Consumer Discount Company Cumberland County Court of Common Pleas VS. William H. Headley and Carol A. Headley Number 04-883 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 (I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IE 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 HABER PRESENTADO UNA COMPARECENCIA ESCR[TA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBIJNAL SUS DEFENSAS U OEJEC[ONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECBA 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 IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEI. A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OF1CINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN Cumber[and County Bar Association 2 Liberty Avenue 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 Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 May 4, 2004 To: William H. Headley 1101 Lindham Court - Apartment 702 Mechanicsburg, PA 17055 Household Finance Consumer Discount Company Cumberland County Court of Common Pleas VS. William H. Headley and Carol A. Headley Number 04-883 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 H EARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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. ]F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY B E AB LE 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 POP. NO HABER PRESENTADO UNA COMPARECENC[A ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITD CON ESTE TRIBUNAl SUS DEFENSAS tl OBJECiONES A 1 OS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECBA DE ESTA NOTIF[CACION, EL TRIBUNAL PODRA, SIN NECES[DAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ~BOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN TJM/cc Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 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: William H. Headley and Carol A. 1101 Lindham Court Apartment 702 Mechanicsburg, PA 17055 Headley Household Finance Consumer Discount Company V. William H. Headley and Carol A. Headley Cumberland County Court of Conunon Pleas Number 04-883 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 04-883 Civil Term Household Finance Consumer Discount Company AMOUNT DUE: $127,630.65 u/ William H. Headley and Carol A. Headley INTEREST: from 6/3/04 9/8/04 $2,035.06 at 20.98 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) 6 San Juan Drive, Mechanicsburg, PA 17055 (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: June 2, 2004 Signature: Print Name: TERREN~E J. McCABE, ESQUIRE Address: Attorney for: Telephone: Supreme Court ID No. 123 S. Broad Street, Suite Philadelphia, PA 19109 Plaintiff (215) 790 1010 16496 2080 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of San Juan Drive at the Eastern line of Lot No. 90 as shown on the hereinafter mentioned Plan of Lots; thence along the Eastern line of Lot No. 90 on said Plan, North 5 degrees 7 minutes West, one hundred sixty-five (165) feet to a point; thence North 84 degrees 53 minutes East, eighty-two (82) feet to a point; thence along the Western line of Lot No. 92 on said Plan, South 5 degrees 7 minutes East, one hundred sixty-five (165) feet to the Northern line of San Juan Drive; thence along the Northem line of San Juan Drive, South 84 degrees 53 minutes West, eighty- two (82) feet to the place of beginning. BEING Lot No. 91, Plan of Section J., Mt. Allen Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 19, Pages 86 and 87. HAVING thereon erected a brick and aluminum two story dwelling house. BEING KNOWN AS: 6 San Juan Drive, Mechanicsburg, PA 17055. Being the same premises which Shearer Real Estate, Inc., a Pennsylvania Corporation by deed dated the 6th day of August 1971, and recorded in the Office of the Recorder in and for Cumberland County in Record Book F24, Page 553, granted and conveyed to William H. Headley and Carol A. Headley, his wife in fee. TAX MAP PARCEL NUMBER: #42-29-2454-040 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-883 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONS. DISC. CO. Plaintiff(s) From WILLIAM H. AND CAROL A. HEADLEY, 1101 LINDHAM COURT, APT 702, MECHANICSBURG PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 6 SAN JUAN DRIVE, MECHANICSBURG PA 17055 (SEE LEGAL DESCRIPTON). (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 $127,630.65 L.L. $.50 Interest 6/3/04 TO 9/8/04 ~ $20.98 per diem -- $2,035.06 Atty's Corem % Atty Paid $196.56 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 Due Prothy $1.00 Other Costs CURTIS R. LONG 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 Attorney for Plaintiff Household Finance Consumer Discount Company V. William H. Headley and Carol A. Headley Cumberland County Court of Common Pleas Number 04-883 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 6 San Juan Drive, Mechanicsburg, PA 17055, a copy of the description of marked Exhibit "A." 1. Name and address Name said property is attached hereto and of Owner(s) or Reputed Owner(s): Address o William H. Headley and Carol A. Headley 1101 Lindham Court Apartment 702 Mechanicsburg, PA Name and address of Defendant(s) in the judgment: Name Address 17055 William H. Headley and Carol A. Headley 1101 Lindham Court Apartment 702 Mechanicsburg, PA 17055 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 Household Finance Consumer Discount Co Household Finance Consumer Discount Co Discover Bank 4. Name and mortgage of record: Name address of the last 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 P.O. Box 8604 Elmhumt, IL 60126 198 Allendale Road Suite 306 King of Prince, Pa 19406 recorded holder of every Address Household Finmme Consumer Discount Co Household Finance Consumer Discount Co 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 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 ) 6 San Juan Drive, Mechanicsburg, PA 17055 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. June 2, DATE 2004 TERR~N~E J. Mc~CA~.E, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of San Juan Drive at the Eastern line of Lot No. 90 as shown on the hereinafter mentioned Plan of Lots; thence along the Eastern line of Lot No. 90 on said Plan, North 5 degrees 7 minutes West, one hundred sixty-five (165) feet to a point; thence North 84 degrees 53 minutes East, eighty-two (82) feet to a point; thence along the Western line of Lot No. 92 on said Plan, South 5 degrees 7 minutes East, one hundred sixty-five (165) feet to the Northern line of San Juan Drive; thence along the Northern line of San Juan Drive, South 84 degrees 53 minutes West, eighty- two (82) feet to the place of beginning. BEING Lot No. 91, Plan of Section J., Mt. Allen Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 19, Pages 86 and 87. HAVING thereon erected a brick and aluminum two story dwelling house. BEING KNOWN AS: 6 San Juan Drive, Mechanicsburg, PA 17055. Being the same premises which Shearer Real Estate, Inc., a Pennsylvania Corporation by deed dated the 6~t' day of August 1971, and recorded in the Office of the Recorder in and for Cumberland County in Record Book F24, Page 553, granted and conveyed to William H. Headley and Carol A. Headley, his wife in fee. TAX MAP PARCEL NUMBER: J~42-29-2454-040 EXHIBIT McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount Company William H. Headley and Carol A. Headley Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-883 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: William H. Headley and Carol A. Headley 1101 Lindham Court Apartment 702 Mechanicsburg, PA 17055 Your house (real estate) at 6 San Juan Drive, Mechanicsburg, PA 17055, is scheduled to be sold at Sheriff's Sale on September 8, 2004 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 $127,630.65 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Household Finance Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. YOU may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) o YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. YOU may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVEN~3E CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of San Juan Drive at the Eastern line of Lot No. 90 as shown on the hereinafter mentioned Plan of Lots; thence along the Eastern line of Lot No. 90 on said Plan, North 5 degrees 7 minutes West, one hundred sixty-five (165) feet to a point; thence North 84 degrees 53 minutes East, eighty-two (82) feet to a point; thence along the Western line of Lot No. 92 on said Plan, South 5 degrees 7 minutes East, one hundred sixty-five (165) feet to the Northern line of San Juan Drive; thence along the Northem line of San Juan Drive, South 84 degrees 53 minutes West, eighty- two (82) feet to the place of beginning. BEING Lot No. 91, Plan of Section J., Mt. Allen Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 19, Pages 86 and 87. HAVING thereon erected a brick and aluminum two story dwelling house. BEING KNOWN AS: 6 San Juan Drive, Mechanicsburg, PA 17055. Being the same premises which Shearer Real Estate, Inc., a Pennsylvania Corporation by deed dated the 6th day of August 1971, and recorded in the Office of the Recorder in and for Cumberland County in Record Book F24, Page 553, granted and conveyed to William H. Headley and Carol A. Headley, his wife in fee. TAX MAP PARCEL NUMBER: #42-29-2454-040 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount Company v. William H. Headley and Carol A. Headley Attorney for Plaintiff Cmnberland County Court of Common Pleas Number 04-883 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 20th 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 the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 20tn DAY OF JULY, 2004. TERREI~2E J. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBER~ AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company v. William H. Headley and Carol A. Headley Cumberland County Court of Common Pleas Number 04-883 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 6 San Juan Drive, Meci~anicsburg, PA 17055, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address William H. Headley and Carol A. Headley 1101 Lindham Court Apartment 702 M~chanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address William H. Headley and Carol A. Headley 1101 Lindham Court Apartment 702 Mechanicsburg, PA 17055 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 Household Fin~ce Consumer Discount Co 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 Household Fin~ce Consumer Discount Co P.O. Box 8604 Elmhurst, ~ 60126 Discover Bank 1!)8 Allendale Road Suite 306 King of Prince, Pa 19406 4. Name and address of the last recorded holder of every mortgage of record: Name Addr e s s Household Fina.ac.~(msume~ ~c&~n~[VCo~[ ~;~Gatewa¥ Drive Suite 107 ~ '~ . ~, ~ ~l~lechanicsburg, Pa 17055 Household Fln~ce~hsume;Discount Co 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 ) 6 San Juan Drive, Mechanicsburg, PA 17055 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 20, 2004 DATE TERREI~E J. Mc~'ABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company William H. Headley and Carol A. Headley Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-883 Civil Term DATE: July 20, 2004 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): PROPERTY: IMPROVEMENTS: william H. Headley and Carol A. Headley 6 San Juan Drive, Mechanicsburg, PA 17055 Residential Dwelling 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. il ionfirmtionm McCABE, WEISBERGAND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE identification Nu~ber 16&96 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount Company William H. Headley and Carol A. Headley Attorney for Pl&intiff Cumberland County Court of Common Pleas Number 04-883 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 5th DAY OF AUGUST, 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 the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 5tn DAY OF AUGUST, 2004. OTARY P~I~~'~ ~ LANA T, WATI'S, Notary _Publc~ ~ ~ ~sion Ex~s Nov. ~, ~ TE~RE~dE ~J. Mc~EB~, ESQU~/R~E AtEorney fox Plaintiff McCABE, WEISBERG AND CONWAY, P.C. -BY= TERRENCE J. McCABE, ESQUIRE identification Nuraber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company : William H. Headley and : Carol A. Headley : Cumberland County Court of Common Pleas Number 04-883 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 6 San Juan Drive, Mechanicsburg, PA 17055, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) Name William H. Headley and Carol A. Headley or Reputed Owner(s): Address 1101Lindham Court Apartment 702 Mec]hanicsburg, PA o Name and address of Defendant(s) in the judgment: Name Address William H. Headley and Carol A. Headley ll01 Linclham Court Apartment 702 Mechanicsburg, PA 17055 17055 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 Household Finance Consumer Discount Co Household Finance Consumer Discount Co Discover Bank 4. Name and address mortgage of record: Name of the last 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 P.O. Box 8604 Elmhurst, IL 60126 198 Allendale Road Suite 306 King of Prussia, Pa 19406 recorded holder of every Addr e s s Household Finance Consumer Discount Co 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 Household Finance Consumer Discount Co P.O. Box 8604 Elmhurst, IL 60126 Name and addr~e~ss=~fa~v~h&~r~[son who has any record 5. interest in or record~T_l~~ope~and whose interest may be affected by the sa~ ~ ~ Name Addre s s 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) 6 San Juan Drive, Mechanicsburg, PA 17055 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 ti~is 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 49C, 4 relating to unsworn falsification to authorities. August 5, 2004 DATE TER~EN~E J. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERGAND CONWAY, P.C. bY= TERRENCE J. McCA~E, ESQUIRE identific&tionNumber 16&96 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company William H. Headley and Carol A. Headley Attorney for Plaintiff Cumberland County Court of Common Pleas Nun:tber 04-883 Civil Term DATE: July 20, 2004 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF S~!FF'S SALE OF ~EAL PROPERTY OWNER(S): PROPERTY: IMPROVEMENTS: william H. Headley and Carol A. 6 San Juan Drive, Mechanlc~.burg, Residential Dwelling Headley PA 17055 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. ~22S ~ l~109 ' Uvery~ ;on firm; ition Signat Jre Co~ firmati, )n Specia Handling Re stricte( Delive 7 Retur~ ReceiF I-I 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 Household Fin Cons Disc Co is the grantee the same having been sold to said grantee on the 8__~ day of Sept A.D., 2004, under and by virtue of a writ Execution issued on the 8t__hh day of June, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 883, at the suit of Household Fin Cons Disc Co against William H Headle¥ & Carol A is duly recorded in Sheriff's Deed Book No. 265, Page 2009. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~9eD ~ day of , A.D2004 Recorder of Deeds Household Finance Consumer Discount Company VS William H. Headley and Carol A. Headley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-883 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2004 at 6:42 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: William H. Headley and Carol A. Headley, by making known unto Carol Headley, personally and wife of William Headley, at 1101 Lindham Court, Apt. 702, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2004 at 6:53 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 William H. Headley and Carol A. Headley located at 6 San Juan Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendants, to wit: William H. Headley and Carol A. Headley, by regular mail to their last known address of 1101 Lindham Court, Apt. 702, Mechanicsburg, PA 17055. These letters were mailed under the date of July 16, 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 sum of $1.00 to Attorney Terrence McCabe for Household Finance Consumer Discount Company. It being the highest bid and best price received for the same, Household Finance Consumer Discount Company of 961 Weigle Drive, P.O. Box 8604, Elmhurst, IL 60126, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $875.23. Sheriffs Costs: Docketing $30.00 Poundage 17.16 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 18.50 Levy 15.00 Surcharge 30.00 Law Journal 288.65 Patriot News 309.43 Share of Bills 30.49 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 875.23 This/[ ~ day of. 2004, A.D. ~t]-~. ~. ~ t,~ R. Thomas, l~,j. (' ~fKline" Sheriff Real Estat~l)eputy McCABE, WEISBERG AND CONWAY, BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, ~uite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company V. William H. Headley and Carol A. Headley Cumberland County Court of Common Pleas Number 04-883 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 6 San Juan Drive, Mechanicsburg, PA 17055, 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 William H. Headley and Carol A. Headley 1101 Lindham Court Apartment 702 Mechanicsburg, PA Name and address of Defendant(s) in the judgment: Name Address 17055 William H. Headley and Carol A. Headley 1101 Lindham Court Apartment 702 Mechanicsburg, PA 17055 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 Household Finance Consumer Discount Co Household Finance Consumer Discount Co Discover Bank 4. Name and address mortgage of record: Name of the last 25 Gateway Drive Suite 107 Mechanicsb~g, Pa 17055 P.O. Box 8604 Elmhumt, IL 60126 198 Allendale Road Suite 306 King of Prince, Pa 19406 recorded holder of every Address Household Finance Consumer Discount Co Household Finance Consumer Discount Co 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 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) 6 San Juan Drive, Mechanicsburg, PA 17055 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. June 2, 2004 DATE %~RR~N~E ~. McCABE, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of San Juan Drive at the Eastern line of Lot No. 90 as shown on the hereinafter mentioned Plan of Lots; thence along the Eastern line of Lot No. 90 on said Plan, North 5 degrees 7 minutes West, one hundred sixty-five (165) feet to a point; thence North 84 degrees 53 minutes East, eighty4wo (82) feet to a point; thence along the Western line of Lot No. 92 on said Plan, South 5 degrees 7 minutes East, one hundred sixty~five (165) feet to the Northern line of San Juan Drive; thence along the Northern line of San Juan Drive, South 84 degrees 53 minutes West, eighty- two (82) feet to the place of beginning. BEING Lot No. 9l, Plan of Section J., Mt. Allen Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 19, Pages 86 and 87. HAVING thereon erected a brick and aluminum two story dwelling house. BEING KNOWN AS: 6 San Juan Drive, Mechanicsburg, PA 17055. Being the same premises which Shearer Real Estate, Inc., a Pennsylvania Corporation by deed dated the 6th day of August 1971, and recorded in the Office of the Recorder in and for Cumberland County in Record Book F24, Page 553, granted and conveyed to William H. Headley and Carol A. Headley, his wife in fee. TAX MAP PARCEL NUMBER: #42-29-2454-040 'McCABE, WEISBERG AND CON-WAY, BY: TERRENCE J. McCABE, ESQUIRE Identification No/~ber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount Company William H. Headley and Carol A. Headley Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-883 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: William H. Headley and Carol A. Headley 1101 Lindham Court Apartment 702 Mechanicsburg, PA 17055 Your house (real estate) at 6 San Juan Drive, Mechanicsburg, PA 17055, is scheduled to be sold at Sheriff's Sale on Septen~er 8, 2004 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 $127,630.65 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Household Finance Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) o 7 o YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will 9o through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COIINTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COLrRTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of San Juan Drive at the Eastern line of Lot No. 90 as shown on the hereinat~er mentioned Plan of Lots; thence along the Eastern line of Lot No. 90 on said Plan, North 5 degrees 7 minutes West, one hundred sixty-five (165) feet to a point; thence North 84 degrees 53 minutes East, eighty-two (82) feet to a point; thence along the Western line &Lot No. 92 on said Plan, South 5 degrees 7 minutes East, one hundred sixty-five (165) feet to the Northern line of San Juan Drive; thence along the Northern line of San Juan Drive, South 84 degrees 53 minutes West, eighty- two (82) feet to the place of beginning. BEING Lot No. 91, Plan of Section J., Mt. Allen Heights, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 19, Pages 86 and 87. HAVING thereon erected a brick and aluminum two story dwelling house. BEING KNOWN AS: 6 San Juan Drive, Mechanicsburg, PA 17055. Being the same premises which Shearer Real Estate, Inc., a Pennsylvania Corporation by deed dated the 6t~ day of August 1971, and recorded in the Office of the Recorder in mad for Cumberland County in Record Book F24, Page 553, granted and conveyed to William H. Headley and Carol A. Headley, his wife in fee. TAX MAP PARCEL NUMBER: #42-29-2454~040 · ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-883 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CLrMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONS. DISC. CO. Plaintiff(s) From WILLIAM H. AND CAROL A. }YEADLEY, 1101 LI~qDHANI COURT, APT 702, MECHANICSBURG PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 6 SAN JUAN DRIVE, MECHANICSBURG PA 17055 (SEE LEGAL DESCRIPTON). (2) Y~u are a~s~ directed to attach the pr~perty ~f the defendant(s) n~t ~evied up~n in the p~ssessi~n of GARNISHEE(S) as follows: and to nobly 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; O) ~f pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n of anyone other than a named garnishee, you are directed to notify h/m/her that he/she has been added as a gamisbee and is enjoined as above stated. AmountDue $127,630.65 L,L. $.50 Interest 6/3/04 TO 9/8/04 ~ $20,98 per diem = $2,035.06 Atty's Corem % Arty Paid $196.56 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 Due Prothy $1.00 Other Costs CURTIS R. LONG Real Estate Sale #44 On June 15, 2004 the sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 6 San Juan Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 15, 2004 By:'~)~ Real Esta[e Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 CommonwealthofPermsylvarda, 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 Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County 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, m the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respective/y, and al/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 27th day(s) of July and the 3rd and 10th day(s) of August 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf&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 Danphin in Miscellaneous Book "M', Volume 14, Page 317. PUBLICATION COPY SALE~44 Sworn to and subaffthed beforeJ~ais 2~rd day of.~u _g~t/31~4 A.D. My Commi~on ~r~ ~ ~, Z~y PUBLIC ~,mb*~,V*n~yt~a.ia~°c~ion expkes June 6, 2006 ,l~lllll~ I,~ ~ta~a,t __~ CUMBERLAND COUNTY SHERIFFS OFFICE ~wa~lmlt' ~'~,,~...:.7.~ CUMBERLAND COUNTY COURTHOUSE · '~l~,.~l~alm CARLISLE, PA. 17013 au, ~(m~.~ ~ a Statement of Advertising Costs ev~,.~~,,.,. ~~.~.~~~.l~m. To THE PATRIOT-NEWS CO. a/t~l~a~a~l~'~ For publishing the notice or publication attached · ~ml~l ' '~ l& ~" =':~: ;' w '~"r~ - ~tYm"~ hereto on the above stated dates 309.43 ?~.~ ~,~. m ~ ,j~. Publisher's Receipt for Adve~sing Cost The Pa~o~News ~., ~lisher of~e PaYor-News and ~e S~y PaYor-News, newspapers of general circula~on, hereby ac~owledge receip~ of~e aforesaid no~ce and publicafiun costs ~d ce~fies ~t ~e s~ have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND: SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cun~berland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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 generai circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL Ig~TAT~ 8ALE NO. 44 Writ No. 2004~883 Civil Household Plnance Consumer Discount Company vs. William H. Headley and Carol A~ Headley Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Town- ship of Upper Alien, County of Cumberland and State of Pennsyl- vania, bounded and described as follows: BEGINNING at a point on the Northern line of San Juan Drive at the Eastern line of Lot No, 90 as shown on the hereinafter ment/oned Plan oft.om: thence along the East- em line of Lot No. 90 on said Plan, North 5 degrees 7 minutes West, one hundred sixty-five (165) feet to ~, L~a Mari~:Coyne, Editor SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOIS E. SNYDER, Notai¥ Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005