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HomeMy WebLinkAbout08-5171McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 ? MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company 961 Weigel Drive Elmhurst, Illinois 60126 V. Keith E. Brandt 746 Baltimore Pike Gardners, Pennsylvania 17324 and Kellie M. Brandt a/k/a Kellie M. Hartlaub 746 Baltimore Pike Gardners, Pennsylvania 17324 Attorneys Cumberland County Court of Common Pleas Number Qg - St Plaintiff Oto; LYEAovI CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la c rte. Si usted quiere defenderse de estas demandas ex- uestas en las paginas siguientes, usted tiene veinte (20) ias de plazo al partir de la fecha de la demanda y la not ficacion. Hace falta asentar una comparencia escrita en persona o con un abogado y entregar a la corte n forma escrita sus defensas o sus objeciones a las d andas en contra de su persona. Sea avisado que si us ed no se defiende, la corte tomara medidas y puede co inuar la demanda en contra suya sin previo aviso o noti ficacion. Ademas, la corte puede decidir a favor del d andante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder din ro o sus propiedades u otros derechos importantes par usted. USTED LE DEBE TO R ESTE PAPEL A SU ABOGADO INMEDIATA NTE. SI USTED NO TIENE A UN ABOGADO, VA A TELEFONEA LA OFICINA EXPUSO ABAJO. E TA OFICINA LO PUEDE PROPORCIONAR CO14 INFORMATION ACERCA DE EMPLEAR A UN BOGADO. SI USTED NO PUED PROPORCIONAR PARA EMPLEAR UN ABOGA O, ESTA OFICINA PUEDE SER CAPAZ DE PROP RCIONARLO CON INFORMACION ACERCA D LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS EL GIBLES EN UN HONORARIO REDUCID NI NINGUN HONORARIO. Cumberland County Bar Ass, 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Consumer Discount Company, a and doing business at the above captioned address. 2. The Defendant is Keith E. Brandt, who is the mortgagor and real property hereinafter described, and his/her last-known address is 746 Baltimore Pike, 17324. 3. The Defendant is Kellie M. Brandt a/k/a Kellie M. Hartlaub, who is the duly organized of the mortgaged ers, Pennsylvania and real owner of the mortgaged property hereinafter described, and his/her last-known address is 46 Baltimore Pike, Gardners, Pennsylvania 17324. 4. On September 24, 2002, mortgagors made, executed and delivered a ortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office f the Recorder of Cumberland County in Mortgage Book 1774, Page 2046. 5. The premises subject to said mortgage is described in the legal d( Exhibit "A" and is known as 746 Baltimore Pike, Gardners, Pennsylvania 17324. 6. The mortgage is in default because monthly payments of principal mortgage due March 1, 2008 and each month thereafter are due and unpaid, and mortgage, upon default in such payments for a period of one month, the entire interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ Interest through July 21, 2008 $ (Plus $28.47 per diem thereafter) Attorney's Fee $ Corporate Advances $ ivtion attached as interest upon said the terms of said balance and all 118,330.58 9,863.55 1,250.00 436.00 GRAND TOTAL $ 129,880.13 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 1 ? PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to D?fendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the su#n of $129,880.13, together with interest at the rate of $28.47 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONW Y,P.C. BY: w0j, Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the within action, and that he/she is authorized to make this verification and that the for the information from the Plaintiff, who is not available to sign this, are true and con his/her knowledge, information and belief and further states that false statements he to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND BY: V ° `s ?-k -1 1 W ULA? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE iintiff in the ing facts based on to the best of i are made subject AY,P.C. ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON EREC ED SITUATE IN SOUTH MIDDLETON TOWNSHIP (ERRONEOUSLY REFERRED TO AS DICKINSON T WNSHIP IN PRIOR DEED), CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF CARLISLE-HANOVER PIKE (ROUTE 94 OPPOSITE AN IRON PIN IN THE WEST SIDE OF THE HIGHWAY THENCE SOUTH 74 3/4 DEGREES WEST 80 FEET, MORE OR LESS, ALONG THE LOT NOW CONVEYED TO VERNIE H. BRANDT AND LORRAINE N . BRANDT, TO AN IRON PIN IN THE LINE OF THE LAND NOW OR FORMERLY OF JOSEPH H. WISE; THE NCE ALONG THE LINE OF THE WISE LAND, SOUTH 15 3/4 DEGREES EAST 513 FEET, MORE OR LESS, O A STUMP AT THE CORNER OF THE LOT HEREIN CONVEYED AND IN THE LINE OF THE LAND NO W OR FORMERLY OF BENJAMIN JOHNSON; THENCE NORTH 84 1/4 DEGREES EAST 702 FEET, MORE OR ESS, ALONG LAND OF BENJAMIN JOHNSON AND GUY EMLEY TO THE CENTER OF THE AFORESAID ST ATE HIGHWAY; THENCE ALONG THE CENTER OF THE SAID STATE HIGHWAY, NORTH 15 1/4 DEGR EES WEST 200 FEET TO A POINT IN THE CENTER OF SAID HIGHWAY, THE PLACE OF BEGINNING. LESS, HOWEVER, THAT CERTAIN CONVEYED TO RONALD L. LEBO, ET UX AS REC ORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN DEED BOO "S", VOLUME 23, PAGE 377. LESS, ALSO THAT CERTAIN TRACT CONVEYED TO RALPH A. SWARTZ, ET UX, AS CORDED IN THE OFFICE AFORESAID IN DEED BOOK,"S", VOLUME 23, PAGE 423. PARCEL NO. 40-38-2180-005 BEING THE SAME PREMISES WHICH: VIOLET M. BRANDT, WIDOW, BY DEED DATE D 04-02-98 AND RECORDED 04-06-98 IN THE OFFICE OF THE RECORD OF DEEDS IN AND FOR THE OUNTY OF CUMBERLAND IN RECORD BOOK 174 PAGE 1055, GRANTED AND CONVEYED UNT O KEITH E. B RAN DT AND KELLIE M. HARTLAUB, AS JOINT TENANTS WITH THE RIGHT OF SURVIVORS HIP AND NOT AS TENANTS IN COMMON. AND THE SAID KELLIE M. HARTLAUB IS ALSO KNOWN AS KELLIE M. BRANDT PE A MORTGAGE RECORDED IN MORTGAGE BOOK 1957 PAGE 1971. Ex? -49 w p ? w J r ??r, - Ti y 77 ;7 V7 ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05171 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS BRANDT KEITH E ET AL TIMOTHY R BLACK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRANDT KEITH E the DEFENDANT at 0019:38 HOURS, on the 15th day of September, 2008 at 746 BALTIMORE PIKE GARDNERS, PA 17324 by handing to KELLIE M BRANDT ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So Answers: Service 9.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline lolp2?og 00 37.00 09/16/2008 MCCABE WEISBERG CONWAY Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. Y 1 CASE NO: 2008-05171 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS BRANDT KEITH E ET AL TIMOTHY R BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRANDT KELLIE M A/K/A HARTLAUB KELLIE M the DEFENDANT , at 0019:38 HOURS, on the 15th day of September, 2008 at 746 BALTIMORE PIKE GARDNERS, PA 17324 KELLIE M BRANDT DEFENDANT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day of So Answers: !9a - lel;z R. Thomas Kline 09/16/2008 MCCABE WEISBERG CONWAY By: .?? Deputy Sheriff A. D. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub Defendants Attorneys for Plainitiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-5171 CT ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess Principal Interest from 07/22/08 to 06/08/09 matter as follows: $ 129,880.13 $ 9,167.34 Total $ 139,047.47 r TERRENCE J. MCCABE, S UIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this "l day of TAIU 2009, Judgment is entered in favor of Plaintil Household Finance Consumer Discount Company, and against Defendants, Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub, and damages are assessed in the amount of $139,047.47, plus interest and BY T PROTHONO Y: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff V. Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-5171 CT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants, E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub, ar? over eighteen i (18) years of age, and reside as follows: Keith E. Brandt 746 Baltimore Pike Gardners, Pennsylvania 17324 SWORN AND SUBSCRIBED BEFORE ME THIS 8" DAY OF JUNE , 2009 OTARY PUBLIC COMMONWEALTH nF P!:N O',SYLVANIA GLORIA D. r%,otar/ Public City of Phila. County h Comrni-sien Expires June 2, 2011 Kellie M. Brandt a/k/a Kellie M. Hartlaub 746 Baltimore Pike Gardners, Pennsylvania 17324 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff V. Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M Hartlaub Attorneys for Plaintiff i CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-5171 CT Defendants CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn deposes and says that he deposited in the United States Mail a letter notifying the Defendants that to law, would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit "A". n , W, SWORN AND SUBSCRIBED TE RE CE J. McCABE, ESQUIRE BEFORE ME THIS 8`h DAY MARC S. WEISBERG, ESQUIRE OF JUNE , 2009 EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff /NOTARY PUBLIC :.r NOTARIAL S0=%' L 2, 26",1 OFFICE OF THE PROTHONOTARY 0 o COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 10 Curt Long Prothonotary May 28, 2009 To: Keith E. Brandt 746 Baltimore Pike Exhibit Gardners, Pennsylvania 17324 Household Finance Consumer Discount Company Cumberland County VS. Court of Common Pleas Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub Number 08-5171 CT NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU W ITHOUT AHEARING AND YOU MAY LOSE YOUR PROPERTY 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 PROVIDEYOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REB IA POR NO HABER PRESENTADO UNA COMPARECENCIA SCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO H ABERRADICADO POR ESCRITO CON ESTE TRBBUNAL SUS DEFENS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUM AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS E LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, IN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PRE A ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PE ER BIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PA EL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ES T A OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERC DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA E PLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PR PORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIES QUE UEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLE EN UN HONORARIO REDUCIDO NI NINGIJN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania ]?Al (800) 990108 BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQU MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQU MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary May 28, 2009 To. Kellie M. Brandt a/k/a Kellie M. Hartlaub 746 Baltimore Pike Gardners, Pennsylvania 17324 Household Finance Consumer Discount Company VS. Keith E. Brandt and Kellie M. Brandt aWa Kellie M. Hartlaub Cumberland County Court of Common Pleas Number 08-5171 CT NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE M WRITING WITH THE COURT YOUR DEFENSES. OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU W ITHOUTA HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 BY: NOTIFICACION IMPO] LISTED SE ENCUENTRA EN ESTADO DE REBI PRESENTADO UNA COMPARECENCIA I PERSONALMENTE O FOR ABOGADO Y POR NO H ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS RECLAMOS FORMULADOS EN CONTRA SUYO. ACCION DEBIDA DENTRO DE DIEZ (10) DIAS D NOTIFICACION, EL TRIBUNAL PODRA, S1 .CUMPARECER.USTED EN CUR U OIR PREUI SENTENCIA EN SU CONTRA Y USTED PODRIA PEP DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAP] INMEDIATAMENT£. Sl LISTED NO. TIENE A UT TELEFONEA LA OFICINA EXPUSO ABAjo. EST! PROFORCIONAR CON INFORMAC16N ACERCA ABOOADO. SI USTED NO PUEDE PROPORCIONAR PARA EM ESTA OFICINA PUEDE SER CAPAZ DE PRC INFORMAC16N ACERCA DE LAS AGENCIAS QUE P SERVICIOS LEGALES A PERSONAS ELEGIBLES REDUCIDO NI NINON HONORARJO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17 800 990 108 Attorneys for Plaintiff TERRENCE J. McCABE, ESI MARC S. WEISBERG, ESQ1 EDWARD D. CONWAY, ES( MARGARET GAIRO, ESQU ANDREW L. MARKOWITZ, A 'ANTE DIA POP NO HABER CRITA, YA SEA DER RADICADO POR OBJECIONES A LOS AL NO TOMAR LA LA FECHA DE ESTA NECESIDAD DE 1 ALGUNA, DICTAR ER BIENES U OTROS A SU ABOGADO ABOGADO, VA A O OFICINA LO PUEDE )E EMPLEAR A UN kR UN ABOGADO, CIONARLO CON EN OFRECER LOS UN HONORARIO VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his 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. TERRENCE J. McCABE, E'SQYJIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff F11 FD-z,?it,-E C Fp ?' ?rJ?TARY 2VO9 JUN - 9 PM I : 5 3 P bV`V,SYtVA,mA J'il' fd. A • OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Keith E. Brandt 746 Baltimore Pike Gardners, Pennsylvania 17324 Household Finance Consumer Discount Company Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M Hartlaub No. 08-5171 CT Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the ab ve proceeding as indicated below. grothonotary X Judgment by Default - Money Judgment - Judgment in Replevin - Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Kellie M. Brandt a/k/a Kellie M. Hartlaub 746 Baltimore Pike Gardners, Pennsylvania 17324 Household Finance Consumer Discount Company Plaintiff V. Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-5171 CT NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the as indicated below. "hA rothonota X Judgment by Default - Money Judgment Judgment in Replevin - Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. proceeding IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Household Finance Consumer Discount Company V. FILE NO.: 08-5171 CT Civil Term AMOUNT DUE: $139,047.47 Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub INTEREST: from 06/09/09 to 12/9/09 $4,206.24 at $22.86 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) 746 Baltimore Pike, Gardners Pennsvlvania 17324 (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: Signature: Print Name: MCC , WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. C) FII??=SCE 4F THI Fir t ,n ,40T 209 AUG 19 Pl! 1: 4 5 VIJ U'° 'i)IjNTY P? 1P, 3 i,Vf?W #,?4. oc pa ATT7 37. oo Cep' lb. 00 a 78.50 N Woo " a1. 5o 17a • oo Pb A-r" *2.00 Owoo • 50 L„(„ &?* '71 AS oP#a.4q 13 A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff V. Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 08-5171 CT AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 746 Baltimore Pike, Gardners, Pennsylvania 17324, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owners or Reputed Owners Name Keith E. Brandt Kellie M. Brandt a/k/a Kellie M. Hartlaub Address 746 Baltimore Pike Gardners, PA 17324 746 Baltimore Pike Gardners, PA 17324 2. Name and address of Defendants in the judgment: Name Keith E. Brandt Kellie M. Brandt a/k/a Kellie M Hartlaub Address 746 Baltimore Pike Gardners, Pennsylvania 17324 746 Baltimore Pike Gardners, Pennsylvania 17324 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 Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Citifmancial, Inc. 1 Valley Street Suite 103 Carlisle, Pennsylvania 17013 Household Realty Corp. 25 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, Pennsylvania 17055 Household Realty Corp. 961 Weigel Drive Elmhurst, Illinois 60126 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 746 Baltimore Pike Gardners, Pennsylvania 17324 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania 1400 Spring Garden Street Inheritance Tax Office Philadelphia, PA 19130 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. August 17, 2009 DATE Mavc / - !70?? TERRE E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff OF TME? ? T ' 2009 AUG 19 PM 1: 4 S PENNSYLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - II) # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL ACTION LAW Household Finance Consumer Discount Company COURT OF COMMON PLEAS V. Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub CUMBERLAND COUNTY Number 08-5171 CT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Keith E. Brandt Kellie M. Brandt a/k/a Kellie M. Hartlaub 746 Baltimore Pike 746 Baltimore Pike Gardners, Pennsylvania 17324 Gardners, Pennsylvania 17324 Your house (real estate) at 746 Baltimore Pike, Gardners, Pennsylvania 17324 is scheduled to be sold at Sheriffs Sale on December 9, 2009 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 erforce the court judgment of $139,047.47 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 Sheriffs Sale you must take immediate action: 1. 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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN SOUTH MIDDLETON TOWNSHIP, (ERRONEOUSLY REFERRED TO AS DICKENSON TOWNSHIP IN PRIOR DEED), CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF CARLISLE-HANOVER PIKE (ROUTE 94) OPPOSITE AN IRON PIN IN THE WEST SIDE OF THE HIGHWAY, THENCE SOUTH 74 3/4 DEGREES WEST 680 FEET, MORE OR LESS, ALONG THE LOT NOW CONVEYED TO VERNIE H. BRANDT AND LORRAINE N. BRANDT, TO AN IRON PIN IN THE LINE OF THE LAND NOW OR FORMERLY OF JOOSEPH H. WISE; THENCE ALONG THE LINE OF THE WISE LAND SOUTH 15 3/4 DEGREES EAST 513 FEET, MORE OR LESS, TO A STUMP AT THE CORNER OF THE LOT HEREIN CONVEYED AND IN THE LINE OF THE LAND NOR OR FORMERLY OF BENJAMIN JOHSON; THENCE NORTH 84 1/4 DEGREES EAST 702 FEET, MORE OR LESS, ALONG LAND OF BENJAMIN JOHNSON AND GUY EMLEY TO THE CENTER OF THE AFORESAID STATE HIGHWAY; THENCE ALONG THE CENTER OF THE SAID STATE HIGHWAY, NORTH 15 1/4 DEGREES WEST 200 FEET TO A POINT IN THE CENTER OF SAID HIGHWAY, THE PLACE OF BEGINNING. Premises known as 746 Baltimore Pike, Gardners, Pennsylvania 17324. BEING the same premises which VIOLET M. BRANDT by deed dated April 2, 1998 and recorded April 6, 1998 in the office of the Recorder in and for Cumberland County in Deed Book 174, Page 1055, granted and conveyed to Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub in fee. TAX MAP PARCEL NUMBER: 40-38-2180-005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5171 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE COMSUMER DISCOUNT COMPANY, Plaintiff (s) From KEITH E. BRANDT and KELLIE M. BRANDT a/k/a KELLIE M. HARTLAUB (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $139,047.47 L.L. $.50 Interest from 6/ 9/09 to 12/9/09 at $22.86 - $4,206.24 Atty's Comm % Due Prothy $2.00 Atty Paid $172.00 Other Costs Plaintiff Paid Date: 8/19/09 urtis R. Long, o onot (Seal) By: Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff rr?E fw5r 7" OF THE Jody S Smith Chief Deputy Edward L Schorpp Solicitor "PFD . 7010 MA Y 11 AM 10: 23 {U. 3EFL.-%f 4v WUN Y PEWO ,V/X(1f q Household Finance Consumer Discount Company Case Number vs. Keith E Brandt (et al.) 2008-5171 SHERIFF'S RETURN OF SERVICE 09/30/2009 07:17 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 9-30-09 at 1970 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Keith E. Brandt & Kellie M. Brandt, located at, 746 Baltimore Pike, Gardners, Cumberland County, Pennsylvania according to law. 10/05/2009 07:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-5-09 a' 1950 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kellie Brandt, by making known unto, Kellie Brandt, personally, at, 7 Park Strett, Mt. Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/05/2009 07:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-5-09 a' 1950 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Keith E. Brandt, by making known unto, Kellie Brandt, adult in charge, at, 7 park Street, Mt. Holly Springs, Cumberland County, Pennsylvania its content: and at the same time handing to her personally the said true and correct copy of the same. 10/23/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of instruction from Attorney Margaret Gairo. 10/23/2009 Property sale cancelled on 10/23/2009 11123/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states, this writ is returned STAYED per letter of instruction from Attorney Terrance McCabe. SHERIFF COST: $1,933.90 May 11, 2010 SO ANSWERS, - ('sZ, ??22? RON R ANDERSON, SHERIFF L-Z- t' a e 75?>.S I A J- ;c; Co?.nrySuite 6hen'fi Te?eo.=.utt. fin;;. v McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Household Finance Consumer Discount Company CUMBERLAND COUNTY Plaintiff v. COURT OF COMMON PLEAS NO: 08-5171 CT Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub Defendants AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 746 Baltimore Pike, Gardners, Pennsylvania 17324, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owners or Reputed Owners Name Keith E. Brandt Kellie M. Brandt a/k/a Kellie M. Hartlaub Address 746 Baltimore Pike Gardners, PA 17324 746 Baltimore Pike Gardners, PA 17324 2. Name and address of Defendants in the judgment: Name Keith E. Brandt Kellie M. Brandt a/k/a Kellie M. Hartlaub Address 746 Baltimore Pike Gardners, Pennsylvania 17324 746 Baltimore Pike Gardners, Pennsylvania 17324 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 Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Citifmancial, Inc. Household Realty Corp. 1 Valley Street Suite 103 Carlisle, Pennsylvania 17013 25 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, Pennsylvania 17055 Household Realty Corp. 961 Weigel Drive Ehnhurst, Illinois 60126 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 746 Baltimore Pike Gardners, Pennsylvania 17324 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania 1400 Spring Garden Street Inheritance Tax Office Philadelphia, PA 19130 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August 17, 2009 DATE TERRE E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff jycCABE, WEISBERG AND CONWAY, P.C. B Y: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 ED.WARD.D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL ACTION LAW Household Finance Consumer Discount Company COURT OF COMMON PLEAS V. Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub CUMBERLAND COUNTY Number 08-5171 CT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Keith E. Brandt Kellie M. Brandt a/k/a Kellie M. Hartlaub 746 Baltimore Pike 746 Baltimore Pike Gardners, Pennsylvania 17324 Gardners, Pennsylvania 17324 Your house (real estate) at 746 Baltimore Pike, Gardners, Pennsylvania 17324 is scheduled to be sold at Sheriffs Sale on December 9, 2009 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 $139,047.47 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 Sheriffs Sale you must take immediate action: 1. 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 McCabe, Weisberg and Conway, P.C., 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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. .. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN SOUTH MIDDLETON TOWNSHIP, (ERRONEOUSLY REFERRED TO AS DICKENSON TOWNSHIP IN PRIOR DEED), CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF CARLISLE-HANOVER PIKE (ROUTE 94) OPPOSITE AN IRON PIN IN THE WEST SIDE OF THE HIGHWAY, THENCE SOUTH 74 3/4 DEGREES WEST 680 FEET, MORE OR LESS, ALONG THE LOT NOW CONVEYED TO VERNIE H. BRANDT AND LORRAINE N. BRANDT, TO AN IRON PIN IN THE LINE OF THE LAND NOW OR FORMERLY OF JOOSEPH H. WISE; THENCE ALONG THE LINE OF THE WISE LAND SOUTH 15 3/4 DEGREES EAST 513 FEET, MORE OR LESS, TO A STUMP AT THE CORNER OF THE LOT HEREIN CONVEYED AND IN THE LINE OF THE LAND NOR OR FORMERLY OF BENJAMIN JOHSON; THENCE NORTH 84 1/4 DEGREES EAST 702 FEET, MORE OR LESS, ALONG LAND OF BENJAMIN JOHNSON AND GUY EMLEY TO THE CENTER OF THE AFORESAID STATE HIGHWAY; THENCE ALONG THE CENTER OF THE SAID STATE HIGHWAY, NORTH 15 1/4 DEGREES WEST 200 FEET TO A POINT IN THE CENTER OF SAID HIGHWAY, THE PLACE OF BEGINNING. Premises known as 746 Baltimore Pike, Gardners, Pennsylvania 17324. BEING the same premises which VIOLET M. BRANDT by deed dated April 2, 1998 and recorded April 6, 1998 in the office of the Recorder in and for Cumberland County in Deed Book 174, Page 1055, granted and conveyed to Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub in fee. TAX MAP PARCEL NUMBER: 40-38-2180-005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5171 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE COMSUMER DISCOUNT COMPANY, Plaintiff (s) From KEITH E. BRANDT and KELLIE M. BRANDT a/k/a KELLIE M. HARTLAUB (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $139,047.47 L.L. $.50 Interest from 6/ 9/09 to 12/9/09 at $22.86 - $4,206.24 Atty's Comm % Due Prothy $2.00 Atty Paid $172.00 Other Costs Plaintiff Paid Date: 8/19/09 14 10 (Seal) Curtis R. Lon , rothonot ry By: Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 Real Estate Sale # On August 26, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as, 746 Baltimore Pike, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 26, 2009 By: Real to oordinaLor f he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4epatriotAvXew s Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: } 10/23/09 A Sv4prn to and subscribed before me this '16 day of November, 2009 A. D. Y 1 i t I } / `\ Notary Public COMMQNWEALT -; Or RENNSYLVANrx aherrty L E 5,e' r, Nk)tar/ F'uhiic City OF Harnsbu;g, Dauphin County My Ccrnmission Expires Nova 26, 2011 nAerrber. Penri6ovar;'ra fi_s.:elai on of but Writ No. 2008-5171 Civil Term Household Finance Consumer Discount Company Vs Keith E. Brandt and Kettle M. Brandt a/W aKellie Mi Hartlaub Atty: TerrenceMcCabe ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN SOUTH MIDDLETON TOWNSHIP, (ERRONEOUSLY REFERRED TO AS DICKENSON TOWNSHIP IN PRIOR DEED), CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF CARLISLE-HANOVER PIKE (ROUTE 94) OPPOSITE AN IRON PIN IN THE WEST SIDE OF THE HIGHWAY, THENCE SOUTH 74 314 DEGREES WEST 680 FEET, MORE OR LESS, ALONG THE LOT NOW CONVEYED TO VERNIE H. BRANDT AND LORRAINE N. BRANDT, TO AN IRON PIN IN THE LINE OF THE LAND NOW OR FORMERLY OF JOOSEPH H. WISE; THENCE ALONG THE LINE OF THE WISE LAND SOUTH 15 314 DEGREES EAST 513 FEET, MORE OR LESS, TO A STUMP AT THE CORNER OF THE LOT HEREIN CONVEYED AND IN THE LINE OF THE LAND NOR OR FORMERLY OF BENJAMIN iOHSON; THENCE NORTH 84114 DEGREES EAST 702 FEET, MORE OR LESS, ALONG LAND OF BENJAMIN JOHNSON AND GUY EMLEY TO THE CENTER OF THE AFORESAID STATE HIGHWAY; THENCE ALONG THE CENTER OF THE SAID STATE HIGHWAY, NORTH 15 114 DEGREES WEST 200 FEET TO A POINT IN THE CENTER OF SAID HIGHWAY, THE PLACE OF BEGINNING. Premises known as 746 Baltimore Pike, Gardners, Pennsylvania 17324. BEING the same premises which VIOLET M. BRANDT by deed dated April 2, 1998 and recorded April 6, 1998 in the office of the Recorder in and for Cumberland County in Deed Book 174, Page 1055, granted and conveyed to :Keith E. Brandt and Ketlie M. Brandt aWa Kellie M. Hartlaub in fee. TAX MAP PARCEL NUMBER: 40.38-2180.005 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, 2009 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 23 day of October. 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PubhC CARLISLE BORO, CUMBERLAND COUNTY NAY Commission Expires Apr 26, 2010 Writ No. 2008-5171 civil Household Finance Consumer Discount Company VS. Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartiaub Atty: Terrence McCabe ALL THAT CERTAIN tract of land with the improvements thereon erected situate in South Middleton Township, (erroneously referred to as Dickenson Township in prior deed), Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the cen- ter of Carlisle-Hanover Pike (Route 94) opposite an iron pin in the west side of the highway, thence South 74 3/4 degrees West 680 feet, more or less, along the lot now conveyed to Vernie H. Brandt and Lorraine N. Brandt, to an iron pin in the line of the land now or formerly of Jooseph H. Wise; Thence along the line of the wise land South 15 3/4 degrees East 513 feet, more or less, to a stump at the corner of the lot herein conveyed and in the line of the land nor or formerly of Benjamin Johson; Thence North 84 1/4 degrees East 702 feet, more or less, along land of Benjamin Johnson and Guy Emley to the center of the aforesaid state highway; Thence along the center of the said state highway, North 15 1/ 4 degrees West 200 feet to a point in the center of said highway, the place of BEGINNING. Premises known as 746 Balti- more Pike, Gardners, Pennsylvania 17324. BEING the same premises which VIOLET M. BRANDT by deed dated April 2, 1998 and recorded April 6, 1998 in the office of the Recorder in and for Cumberland County in Deed Book 174, Page 1055, granted and conveyed to Keith E. Brandt and Kellie M. Brandt a/k/a Kellie M. Hartlaub in fee. TAX MAP PARCEL NUMBER: 40- 38-2180-005.