HomeMy WebLinkAbout01-4731GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 500 - Tile BOURSE BLDG.
111 S. INDEPENDENCE MALL EAST
PHILADELPHIA, PA 19106
(215) 627-1322
ATTORNEY FOR PLAINTIFF
FIRST NATIONWIDE MORTGAGE CORP.
PO Box 9481
Mail Code: 22-528-1011
Gaithersburg, MD 20898-9481
ELIZABETtt A. CULLEY
ROBERT H. CULLEY
Real Owner(s)
Plaintiff'
Ridge #591,
a/k/a 375 Longs Gap Road
Carlisle, PA 17013
Defondant(s)
1N THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. OI - q?21
CIVIL ACTION: MORTGAGE
FORECLQSURE
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
lEGAL SERVICES INC
8 Irvine Row
Carlisle, PA 17013
717 243-9400
CUMBERLAND COUNTY BAR ASSOC1AIION
2 Liberty Avenue
Carlisle. PA 17013
AVISO
iEI lAN DEMAND ~I)O A USIED EN IA CORTE SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS. ES ABSOLUTA3A[ENTE NECESSARIO QUE
USIED RESPONDA DENTRO [)Ii 20 [)lAS DESPI;ES DE SER SERVIDO CON ESTA DEMANDA Y AVISO PARA DEFENDERSE ES NECESSAILIO QUE USTED, O SU
ABOGADO, R EGISTRE ('ON I_A (OR]E EN FORMA ESCRITA. EL PUNTO DE VISTA DE LISTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA
RECUERDE: SI USTED N( ) REPONDE A ES 1A DEMANDA, SE PUEDE PROSEGU[R CON EL PROCESO SIN SU PART1CIPACION. ENTONCES, LA COUTE PUEDE.
S1N NOTIFIC ARIO DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE
ESA DECISION. ES POSSIBLE Q[JI- I[STED PUEDA PERDER Df[NERO, PROP[EDAD U OTROS DERECHO$ [MPORTANTES
II.EVE ESTA DEMANDA \ IJN ABOGADO IMMEDIATEAMENTE.
SI NO ( ONOCE A lin ABOGADO. LLAME AL "LAWYER REFEREN( E SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS). (215) 238-6300.
LEGAL SERVICES INC
8 In'ine Row
Carlisle. PA 17013
717-243-9400
CUMBERLAND COUN IY BAR ASSOCIATION
2 Liberiy Avenue
Carlisle. PA ]7013
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff is FIRST NATIONWIDE MORTGAGE CORP., PO Box 9481, Mail Code: 22-528-1011
Gaithersburg, MD 20898-9481.
The name(s) and address(es) of the Defendant(s) is/are ELIZABETH A. CULLEY, 375 Longs Gap
Road, Carlisle, PA 17013 and ROBERT H. CULLEY, 375 Longs Gap Road, Carlisle, PA 17013, who
is/are the real owner(s) of the mortgaged premises hereinafter described. Original mortgagors, JOHN C.
and SHERRI L D. STULL are released of record.
On May 26, 1977 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter
described to LOMAS & NETTLETON CO., which mortgage is recorded in the Office of the Recorder
of Deeds of Cumberland County as Book 622 Page 48. The mortgage has not been assigned unless said
assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to:
FIRST NATIONWIDE MORTGAGE CORP. by Assignment of Mortgage dated January 03, 2000 as
Book 634 Page 1009; and these documents are matters of public record and are incorporated herein by
reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g).
4. The premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payment of principal and interest upon said mortgage due
February 01, 2001, 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.
6. The folloxving amounts are due on the mortgage:
Principal Balance
Interest from 01/01/2001
through 07/31/2001 at 8.0000%
Per Diem interest rate at $3.07
Reasonable Attorney's Fee
Late Charges from 02/01/2001 to 07/31/2001
Monthly late charge amount at $19.06
Costs of suit and Title Search
Escroxv Dcbit
Monthly Escrow amount $0.00
$13,798.38
$650.84
$1000.00
$114.35
$560.00
$16,123.57
+253.35
$16,376.92
7. The Attorney's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania
laxv. 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.
Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendant(s) by Certi fled and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting
within the required time and Plaintiff has no knowledge of any such meeting being requested by the
Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate
Consumer Credit Counseling Agency.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $16,376.92, together with
interest at the rate of $3.07, per day and other expenses incurred by the Plaintiffwhich are properly chargeable
in accordance with the terms of the mortgage, and (o,r the foreclosure and sale of the mortgaged premises.
4 ,',: ..','~ , -.:~'~X~ ,,,
By: __
GO~EDBECI¢ McCAFFERTY & MeKEEVER
BYf Josap~~ "~A. GOLDBECK, JR., ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, Dennis Kieft , as the representative of the
Plaintiff corporation within named do hereby verify that I am
authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing
Complaint are true and correct to the best of my knowledge,
information and belief.
are made subject to the penalties of
unsworn falsification to authorities.
Date: c~///~ /~/
I understand that false statements therein
18 Pa. C.S. 4904 relating to
Vice President
EXHIBIT "A"
ALAI %1214
ALL that certain tract or parcel of ground with the building
and improvements thereon erected, situate in Northmiddleton
Township, Cumberland County, Pennsylvania, and described
in accordance with a survey made by Eugene A. Palm, Registered
Surveyor, Loyevllle, Pennsylvania, dated April 22 1977, as
follows, to wtt~ '
BBGINNING at a' point set on the title line in the bed of Leg-
islative Route 21072 (Longs Gap Road) at a corner of lands of
Archie Morrison (as shown on said Plan); thence extending from
said beginning point and meaaured along the title line in the
bed of LR 21072 (Longs Gap Road) North 19 degrees 20 minutes
41 seconds West 175.84 feet to e point at a corner of lands of
Carl W. Lehman; thence extending along same North 70 degrees 38
minutes 10 seconds East 244.82 feet to an iron pin at a corner
of Carl W. Lehman land aforesaid; thence extending along same
South 10 degrees 9 minutes 29 seconds East 155.55 feet to an
iron pin at a corner of lands of Archie Morrison, aforesaid;
thence extending along same South 64 degrees 51 minutes 0 seconds
West 221.12 feet to an iron pin in the title line in the bed of
LR 21072 (Longs Gap Road) the first mentioned point and Place of
BEGINNING.
NATION,VIDE
IVIORTC- __ E
PO Box9481
Gaithersburg, MD 20898-9481
Robert H Culley
375 Longs GaD Rd
Carlisle PA 170~554
EXHIBIT A
April 19, 2001 /
Certified Mai~,~
Return Receipt Requested
RE: Loan NO. 6838314487
Dear Mortgagor:
Act 91 Notice
Take Action to Save Your
Home From Foreclosure
This is an official notice that the mortgage on your home is in
default, and the lender intends to foreclose. Specific information
about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save your home. This notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this notice with you when you meet with the counseling agency.
The name, address, and phone number of the Consumer Credit Counseling
Agencies serving your County are listed at the end of this Notice.
If you have any questions, you may call the Pennsylvania Housing
Finance Agency toll-free at 1-800-342-2397. (Persons with impaired
hearing can call (717)780-1869.)
This Notice contains important legal information. If you have any
questions, representatives at the Consumer Credit Counseling Agency
may be able to help explain it. You may also want to contact any
attorney in your area. The local bar association may be able to help
you find a lawyer.
La notificacion en adJunto es de suma imDortancia, pues afecta su
derecho a continuar viviendo en su casa. Si no comDrende el contenido
de esta notification obtenga una traduccion immediatamente llamanda
es~a agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionada arriba. Puedes ser elegible para un prestamo por
el programa llamado "Homeowner's Emergency Mortgage Assistance
Program" el cual puede salvar su casa de la Derdida del derecho a
redimir su hiDoteca.
DF350-002/C30
5280 Corporate Drive, Frederick, MD 21703
GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 500 -- THE BOURSE BLDG.
111 S. INDEPENDENCE MALL EAST
PHILADELPHIA, PA 19106
(215) 627-1322
ATTORNEY FOR PLAINTIFF
FIRST NATIONWIDE MORTGAGE CORP.
PO Box 9481
Mail Code: 22-528-1011
Gaithersburg, MD 20898-9481
VS.
ELIZABETtt A. CULLEY
ROBERT H. CULLEY
Real Owner(s)
Plaintiff
Ridge #59I,
a/k/a 375 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
1N THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. Ot - Zl721
CIVIL ACTION: MORTGAGE
FORECLOSURE
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
NOTICE
You bare been sued in court. If you wish to defend against the claims set for~a in the following pages, you must take action within tweniy (20) days after the Complaint and notice
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiffis FIRST NATIONWIDE MORTGAGE CORP., PO Box 9481, Mail Code: 22-528-1011
Gaithersburg, MD 20898-9481.
The name(s) and address(es) of the Defendant(s) is/are ELIZABETH A. CULLEY, 375 Longs Gap
Road, Carlisle, PA 17013 and ROBERT H. CULLEY, 375 Longs Gap Road, Carlisle, PA 17013, who
is/are the real owner(s) of the mortgaged premises hereinafter described. Original mortgagom, JOHN C.
and SHERRIL D. STULL are released of record.
On May 26, 1977 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter
described to LOMAS & NETTLETON CO., which mortgage is recorded in the Office of the Recorder
of Deeds of Cumberland County as Book 622 Page 48. The mortgage has not been assigned unless said
assignment to the Plaintiff is hereafter mentioned. The aforementioned mortgage was assigned to:
FIRST NATIONWIDE MORTGAGE CORP. by Assignment of Mortgage dated January 03, 2000 as
Book 634 Page 1009; and these documents are matters of public record and are incorporated herein by
reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g).
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due
February 01, 2001, 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.
6. The following amounts are due on the mortgage:
Principal Balance
Interest from 01/01/2001
through 07/31/2001 at 8.0000%
Per Diem interest rate at $3.07
Reasonable Attorney's Fee
Late Charges from 02/01/2001 to 07/31/2001
Monthly late charge amount at $19.06
Costs of suit and Title Search
Escrow Debit
Monthly Escrow amount $0.00
$13,798.38
$650.84
$1000.00
$114.35
$560.00
$16,123.57
+253.35
$16,376.92
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.
Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the tree and correct copy of such notice(s)
attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-to-face meeting
within the required time and Plaintiffhas no knowledge of any such meeting being requested by the
Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate
Consumer Credit Counseling Agency.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure in the sum of $16,376.92, together with
interest at the rate of $3.07, per day and other expenses incurred by the Plaintiff which are properly chargeable
in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises.
By: ~-
GO~DBEC~g McCAFFERTY & McKEEVER
BY/ JOSEPH'A. GOLDBECK, JR., ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, Dennis Kieft , as the representative of the
Plaintiff corporation within named do hereby verify that I am
authorized to and do make this verification on behalf of the
Plaintiff corporation and the facts set forth in the foregoing
Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements therein
are made subject to the penalties of 18 Pa. C.S. 4904 relating to
unsworn falsification to authorities.
Date: ~//~ /~/
Vice President
EXHIBIT "A"
ALAI #1214
ALL that certain tract or parcel of ground with the building
and improvements thereon erected, situate in Northmiddleton
Township, Cumberland County, Pen~sylvania, and described
in accordance with a survey made by Euqene A. Palm, Registered
Surveyor, Loysville, Pennsylvania, dated April 22, 1977 as
follows, to wit~ '
BEGINNING at a'point set on the title line in the bed of Leg-
islative Route 21072 (Longs Gap Road) at a corner of lands of
Archie Morriaon (as shown on said Plan); thence extending from
said beginning point and measured along the title line in the
bed of LR 21072 (Longs Gap Road) North 19 degrees 20 minutes
41 seconds West 175.84 feet to & point at a corner of lands o~
Carl W. Lehman; thence extending along same North 70 degrees 38
minutes 10 seconds East 244.82 feet to an iron pin at a corner
of Carl w. Lehman land aforesaid; thence extending along same
South 10 degrees 9 minutes 29 seconds East 155.55 feet to an
iron pin st e corner of lands of Arch£e Morrison, aforesaid;
thence extending along same South 64 degrees 51 minutes 0 seconds
West 221.12 feet to an iron pin in the title line in the bed of
LR 21072 (Longs Gap Road) the first mentioned point and Place of
BEGINNING.
1st
NA'rIONWlDE
MOffi'G.N ,
R0.8ox 9481
Gaithersburg, MD 20898-9481
EXHIBIT A
Robert H Culley
375 Longs Gap Rd
Carlisle PA 170~554
April 19, 2001/
Certified Mai~
Return Receipt Requested
RE: Loan No. 6838314487
Dear Mortgagor:
Act 91 Notice
Take Action to Save Your
Home From Foreclosure
This is an official notice that
default, and the lender intends
about the nature of the default
the mortgage on your home is in
to foreclose. Specific information
is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save your home. This notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this notice with you when you meet with the counselinq aqenc¥.
The name~ address, and phone number of the Consumer Credit Counseling
Agencies serving your County are listed at the end of this Notice.
If you have any questions, you may call the Pennsylvania Housing
Finance Agency toll-free at 1-800-342-2397. (Persons with impaired
hearing can call (717)780-1869.)
This Notice contains important legal information. If you have any
questions, representatives at the Consumer Credit Counseling Agency
may be able to help explain it. You may also want to contact any
attorney in your area. The local bar association may be able to help
you find a lawyer.
La notificacion en adJunto es de suma importancia, Dues afecta su
derecho a continuar viviendo en su casa. Si no comprende el contenido
de esta notification obtenga una traduccion immediatamente llamanda
esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionada arriba. Puedes ser elegible para un prestamo por
el programa llamado "Homeowner's Emergency Mortgage Assistance
Program" el cual puede salvar su casa de la perdida del derecho a
redimir su hipoteca.
DF350-002/C30
5280 Corporate Drive, Frederick, MD 21703
Box 9481
Gaithersbu,,g. MD 2089~9481
Robert H Culley/
RidGe # 591 /
Carlisle PA~t~gT013
Dear MortgaGor:
April 19, 2001 /
Certificate of M
RE: Loan No. 6838314487
This is
default,
Act 91 Notice
Take Action to Save Your
Home From Foreclosure
about the nature of the default
an official notice that the mortgage on your home is in
and the lender intends to foreclose. Specific information
is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save your home. This notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this notice with you when you meet with the counseling agency.
The name, address, and phone number of the Consumer Credit Counseling
Agencies serving your County are listed at the end of this Notice.
If you have any questions, you may call the Pennsylvania Housing
Finance Agency toll-free at 1-800-342-2397. (Persons with impaired
hearing can call (717)780-1869.)
This Notice contains important legal information. If you have any
questions, representatives at the Consumer Credit Counseling AGency
may be able to help explain it. You may also want to contact any
attorney in your area. The local bar association may be able to help
you find a lawyer.
La notificacion en adJunto es de suma importancia, pues afecta su
derecho a continuar viviendo en su casa. Si no comprende el contenido
de esta notification obtenGa una traduccion immediatamente llamanda
esta aGencia (Pennsylvania Housing Finance AGency) sin cargos al
numero mencionada arriba. Puedes ser eleGible para un prestamo per
el proGrama llamado "Homeowner's EmerGency MortGaGe Assistance
ProGram" el cual puede salvar su casa de la perdida del derecho a
redimir su hipoteca.
DF301-002/C30
5280 Corpora~re Drive, Frederick, MD 21703
RO. Box 9481
Gaithersburg, MD 20898-9481
Elizabeth A Culley /
375 Longs Gap Rd /
Carlisle PA 1701~54
April 19, 2001 /
Certified Mail
Return Receipt Requested
RE: Loan NO. 6838314487
Dear Mortgagor:
Act 91 Notice
Take Action to Save Your
Home From Foreclosure
This is an official notice that the mortgage on your home is in
default, and the lender intends to foreclose. Specific information
about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save your home. This notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this notice with you when you meet with the counseling agency.
The name, address~ and phone number of the Consumer Credit Counseling
Agencies serving your County are listed at the end of this Notice.
If you have any questions, you may call the Pennsylvania Housing
Finance Agency toll-free at 1-800-342-2397. (Persons with impaired
hearing can call (717)780-1869.)
This Notice contains important legal information. If you have any
questions, representatives at the Consumer Credit Counseling Agency
may be able to help explain it. You may also want to contact any
attorney in your area. The local bar association may be able to help
you find a lawyer.
La notificacion en adjunto es de suma importancia, Dues afecta su
derecho a continuar viviendo en su casa. Si no comprende el contenido
de esta notification obtenga una traduccion immediatamente llamanda
esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionada arriba. Puedes ser elegible para un prestamo pot
el programa llamado "Homeowner's Emergency Mortgage Assistance
Program" el cual puede salvar su casa de la perdida del derecho a
redimir su hipoteca.
DF356-001/C30
5280 Corporate Drive, Frederick, MD 21703
NATIONWIDE
MORI'GAGE
~OBox9481
Gai~ersburg, MD 208~-9481
Elizabeth A Culle/
Ridge # 591
Carlisle PA
Dear Mortgagor:
April 19, 2001/
Certified Mai~/
Return Receipt Requested
RE: Loan No. 6838314487
Act 91 Notice
This
Take Action to Save Your
Home From Foreclosure
default, and the lender intends to
about the nature of the default is
is an official notice that the mortgage on your home is in
foreclose. Specific information
provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save your home. This notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this notice with you when you meet with the counseling agency.
The name~ address, and phone number of the Consumer Credit Counseling
Agencies servinq your County are listed at the end of this Notice.
If you have any questions, you may call the Pennsylvania Housing
Finance Agency toll-free at 1-800-342-2397. (Persons with impaired
hearing can call (717)780-1869.)
This Notice contains important legal information. If you have any
questions, representatives at the Consumer Credit Counseling Agency
may be able to help explain it. You may also want to contact any
attorney in your area. The local bar association may be able to help
you find a lawyer.
La notificacion en adjunto es de suma importancia, pues afecta su
derecho a continuar viviendo en su casa. Si no comprende el contenido
de esta notification obtenga una traduccion immediatamente llamanda
esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionada arriba. Puedes ser elegible para un prestamo
el programa llamado "Homeowner's Emergency Mortgage Assistance
Program" el cual puede salvar su casa de la perdida del derecho a
redimir su hipoteca.
DF357-001/C30
5280 Corporate Drive. Frederick, MD 21703
ADril 19, 2001
Loan No. 6838314487
Page 2
PA Act 91
Homeowner's Name: Robert H Culley
Property Address: Ridge # 591
Carlisle PA 17013
Loan Account No.: 6838314487
Original Lender: The Lomas & Nettleton Co.
Current Lender/Servicer: First Nationwide Mortgage
HOMEOWNER'S
EMEROENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL
ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY
ASSISTANCE:
* IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
* IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days
from the date of this Notice. During that time you must arrange and
attend a "face-to-face" meeting with one of the designated consumer
credit counseling agencies listed at the end of this Notice.
THIS MEETIN~ MOST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY
FOR ~-R~Y MORTGAGE ASSISTANCEt YOU MUST BRING YOUR MORTGAGE TO DATl.
THE PART OF THIS NOTICE CALLED #HOW TO CURE YOUR MORTGAGE DEFAULTt"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
DF353-001/C30
April 19, 2001
Loan No. 6838314487
Page 3
CONSUMER CREDIT COUNSELING AQENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice,
the lender may NOT take action against you for thirty (30) days after
the date of this meeting. The n~m~s, addresses and telephone numbers
of the designated consumer credit counseling agencies for county in
which the property is located are set forth at the end of this Notice.
It is only necessary to schedule one face-to-face meeting. Advise your
lender immediately of your intentions.
APPLICATIONS FOR MORTGAGE ASSISTANCE - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for
specific information about the nature of your default). If you have
tried and are unable to resolve this problem with the lender, you have
the right to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file completed Homeowners' Emergency Mortgage Assistance
Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer
credit counseling agencies have applications for the program and they
will assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AQAINST YOUR HOME II~EDIATELY AND YOUR
APPLICATION FOR MORTgAgE ASSISTANCE WILL BE DENIED.
AGENCY ACTION: Available funds for emergency mortgage assistance are
very limited. They will be disbursed by the Agency under the eligi-
bility criteria established by the Act. The Pennsylvania Housing
DF353-001/C30
April 19, 2001
Loan No. 6838314487
Page 4
PA Act
91
Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings
will be pursued against you if you have met the time requirements set
forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PaTITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency
Mortuage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender
on your property located at: Ridge # 591
Carlisle PA 17013
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE YOUR MONTHLY MORTOAGE PAYMENTS for the following
months and the following amounts are now pas~due:
3 Months at $381.38 = ~/1,144.14
Months at $ =
Months at
Late Charges
Bad Check Fees
Foreclosure Fees
Bankruptcy Fees
Other Fees
Less Suspense Balance
TOTAL AMOUNT DUE
.00
.00
91.56
.00
.00
00
00
70 AS OF THIS DATE
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE
TO THE LENDER WHICH IS $ 1,276.70 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments
must be made either by cash, cashier's check, certified check, or
money order made payable and sent to:
First Nationwide Mortgage Corporation
Dept. 0107
Palatine, IL 60055-0107
DF354-001/C30
April 19, 2001
Loan NO. 6838314487
Page 5
PA Act 91
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within
THIRTY (30) DAYS of the date of this Notice, the lender intends to
exercise its rights to accelerate the mortgage debt. This means that
the entire outstanding balance of this debt will b= considered due
immediately and you may lose the chance to pay the mortgage in monthly
installments. If full payment of the total amount past due is not made
within THIRTY (30) DAYS, the lender also intends to instruct its attor-
neys to start legal action to foreclose upon your mortgaged property.
IF THE MORTaAGE IS FORECLOSED UPON - The mortgaged property will be
sold by the Sheriff to pay off the mortgage debt. If the lender refers
your case to its attorneys, but you cure the delinquency before the
lender begins legal proceedings against you, you will still be required
to pay the reasonable attorney's fees that were actually incurred, up
to $50.00. However, if legal proceedings are started against you, you
will have to pay all reasonable attorney's fees incurred by the lender
even if they exceed $50.00. Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable
costs. If you cure th~ default within th~ THIRTY (30) DAY period, you
will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for
the unpaid principal balance and all other sums due under the mortgage.
DF354-001/C30
April 19, 2001
Loan No. 6838314487
Page 6
PA Act
RIGHT TO CURE THE DEFAULT PRIOR THE SHERIFF'S SALE - If you have not
cured the default within the THIRTY (30) DAY periud and foreclosure
proceedings have begun, you still have the right to cure the default
and prevent the sale at any time up to one hour before the Sheriff'~
Sale. You may do so by paying the total amount then past due, plus ,,'ay
late or other charges then duel reasonable attorney's fees and cost
connected with the foreclosure sale and other cost connected with the
Sheriff's Sale as specified in writinq by the lender and by Performing
any other requirements under the mortqage. Curing your default in the
manner set forth in this notice will restore your mortgage to the same
position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the
earliest date that such a Sheriff's SaLe of the mortgage property could
be held would be approximately 6 months from the date of this Notice.
A notice of the actual date of the Sheriff's Sale will be sent to you
before the sale. Of course, the amount needed to cure the default will
increase the longer you wait. You may find out at any time exactly what
the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER: First Nationwide Mortgage Corporation
5280 Corporate Drive
Frederick, MD 21703
De_9~_artment 252
1-S00-888-4333
EFFECT OF THE SHERIFF'S SALE - You should realize that the Sheriff's
Sale will end your ownership of the mortgaged property and your right to
occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings
could be started by the lender at any time.
ASSUMPTION OF MORTgaGE - You, UPON OUR CONSENT may sell or transfer
your home to a buyer or transferee who will assume the mortgage debt,
provided that all the outstanding payments, charges and attorney's
fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU HAY ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SANE POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU HAY HAVE TO SUCH ACTION
BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
DF355-001/C30
First Nationwide Mortgage Corp.
VS
Elizabeth A. Culley (deceased)
Robert H. Culley
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-4731 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Joseph Goldbeck, Jr.
Sheriff's Costs:
Docketing 30.00
Surcharge 20.00
Posting Handbills 15.00
Law Library .50
Prothonotary 1.00
Share of Bills 24.20
Mileage 6.50
Levy 15.00
Advertising 15.00
Certified Mail 1.66
Poundage 13.00
Postpone Sale
Law Journal 270.05
Patriot News 251.10
$ 663.01
paid by attorney
3-07-02
Sworn and subscribed to before me
This /q~dayof ')~qm~/)
2002, A.D. ~ ~ ~_~ ~
Prothonotary
R. Thomas Kline, Sheriff
Real Estate Deputy
First Nationwide Mortgage Corp.
Plaintiff
Vs.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Elizabeth A. Culley (Deceased)
Robert H. Culley
Defendants
: NO. 01-4731-Civil Te~
AFFIDAVIT PURSUANT TO RULE 3129.1
First Nationwide Mortgage Corp_., Plaintiff in the above
action, by its attorney, Joseph Goldbeck, Jr., Esquire, sets forth
as of the date the Praecipe for the Writ of Execution was filed
the following information concerning the real property located at
Ridge #591 a/k/a 375 Longs Gap Road. Carlisle. PA 1701~.
Name and address of owner(s) or reputed owner (s):
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Elizabeth A. Culle? (Deceased)
Robert H. Culle?
o
375 Longs Gap Roam
Carlisle. PA
Name and address of defendant (s) in the judgment:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
o
Name and address of every judgment creditor whose judgment
is a record lien on the real property to be sold:
Name
Carlisle Suburban Auth.
Address (if address cannot be reasonably
ascertained, please so indicate)
240 Clearwater Dri¥~
Carlisle. PA 1701~
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
The Coh-,,~nwealth National Ban~
10 Routh Market Square
Harrisburg. PA 17101
5. Name and address of every other person who has any record
lien on the property:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
o
Name and address of every other person who has any record
interest in the property and whose interest may be affected
by the sale:
Name
CkunBerland County Dept. oF
D~mestic Relations
Address (if address cannot be reasonably
ascertained, please so indicate)
Pa Dept. of Public Welfar~
Bureau of ~h~ld Support
Commonwealth of PA
Bureau of Individual Ta~
Inheritance Tax Division
Att: John Murphy
Internal Revenue Service
Federated Investors Towe~
Dept. of Public Welfare
PPL Casualty Uni~
Estate Recovery_ Program
Carlisle. PA 17013
Health and Welfare Bldg. Room 439,
Harrisburg. PA 17105
6th Floor. Strawberry_
Harrisburg. PA 17128
13th Floor. Ste. 1300
1001 Liberty Avenue
Pittsburgh. PA 15222
Willow Oak Building
Harrisburg. PA 17105-8486
7 o
Name and address of every other person of whom the
plaintiff has knowledge that has any interest in the
property that may be affected by the sale:
Name
Address (if address cannot be reasonably
ascertained, please so indicate)
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. #4904 relating to unsworn
falsification to authorities.
October 3, 2001
GOLDBECK McCAFFERTY & McKEEVER
By: Joseph A. Goldbeck, Jr.
Attorney I.D. ~16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
First Nationwide Mortgage Corp.
Vs.
Plaintiff
ATTORNEY FOR PLAINTIFF
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
Elizabeth A. Culley (Deceased)
Robert H. Culley
Defendants
: NO.01-4731-Civi1
TO:
NOTICE OF SHERIFF'S SALE OF REAL ESTATR
Robert H. Culley
375 Longs Gap Road
Carlisle, PA 17013
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO
BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF
A LIEN AGAINST PROPERTY.
Your house (real estate) at Ridge ~591 a/k/a 375 Longs ~ap
Road. Carlisle. PA 17013. is scheduled to be sold at the Sheriff's
Sale on ~ at 10:00 a.m., in Cumberland County,
Cumberland County Courthouse, Commissioners Hearing Room, 2na
Floor, Carlisle, PA 17013 to enforce the court judgment of
~ obtained by First Nationwide Mortgage Corp_ (the
mortgagee) against you.
NOTICE OF OWNER'S RIGHT8
YOU MAY BE Am?,m TO PREVENT T~IS R~RIFF'R SaT,m
To prevent this Sheriff's Sale, you must take immediate
action:
1. The sale will be cancelled if you pay to the mortgagee the
Back payments, late charges, costs and reasonable attorneys
Fees due. To find out how much you must pay, you may call:
(215) 627-1322
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment
was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVeN IF T~Z SHZRIFF'S SALE DOES TA~E PLACE
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling {215) 627-1322.
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 in the sale. To find out if this has
happened, you may call the Sheriff's office at (717) 240-6390.
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 the 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 this 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 house. A proposed schedule of distribution of the money
bid for your house will be prepared by the Sheriff within 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 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 home 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 OR CANNOT AFFORD ONE, C,O TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(800) 990-9108
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17103
(717) 243-9400
ALL THAT CERTAIN tract or parcel of ground with the building and improvements
thereon erected, situate in North Middleton Township, Cumberland County,
Pennsylvania, and described in accordance with a survey made by Eugene A. Palm,
Registered Surveyor, Loysville, Pennsylvania, dated April 22, 1977, as follows, to wit:
BEGINNING at a point set on the title line in the bed of Legislative Route 21072 (Longs
Gap Road) at a comer of lands of Archie Mordson (as shown on said Plan); thence
extending from said beginning point and measured along the title line in the bed of LR
21072 (Longs Gap Road) North 19 degrees 20 minutes 41 seconds West 175.84 feet to a
point at a comer of lands of Carl W. Lehman; thence extending along same North 70
degrees 38 minutes 10 seconds East 244.82 feet to an iron at a comer of Carl W. Lehman
land aforesaid; thence extending along same South 10 degrees 9 minutes 29 seconds East
155.55 feet to an iron pin at a comer of lands of Archie Morfison, aforesaid; thence
extending along same South 64 degrees 51 minutes 0 seconds West 221.12 feet to an iron
pin in the title line in the bed of LR 21072 (Longs Gap Road) the first mentioned point
and place of BEGINNING.
Tax Parcel#29-16-1097-012
Being known as Ridge #591 a/k/a 375 Longs Gap Road, Carlisle, PA 17013
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND
To satisfy the debt, interest and costs due
NO. 01-4731
CIVIL 19 _.
CIVIL ACTION - LAW
COUNTY:
First Nationwide Mortgage Corp.
PLAINTIFF(S)
lmm Robert H. Culley, Ridge~591, a/k/a 375 Longs Gap Road, Carlisle PA
170~3.
DEFENDANT(S)
(1) Youaredirectedlole~uponthepropertyofthedefendant(s) andlosell Real estate located
at Ridqe #591, a/k/a 375 Longs Gap Road, Carlisle PA 17013. (See
attached legal description.)
(2) Y~uarea~s~dir~tedt~a~achthepr~perty~f~hedefendant(s)n~t~eviedup~ninthep~ssess~n~f
GARNISHEE(S) asfoliows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 pmpertyot 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 $16,630.58 L.L. $.50
Interest 10/3/01 - 3/6/02 @ $2.73/diem $1.00
Due Prothy
Atty's Comm % Other Costs
Atty Paid $119.25
Plaintiff Paid
Date: October 5, 2001 CURTIS R. LONG
REQUESTING PARTY:
Name Joseph A. Goldbeck, Jr., Esq.
Suite D00-'lne ~ourse Bldg.
Address: 111 9_
Plaintiff
Attorney for: ( 215 ) 627- 1322
.1. b.l. 3 Z
Telephone:
Supreme Court ID No.
by:
P/roihon/~tary, Civil ?ivision
Deputy
REAL ESTATE SALE No. $
On October 29, 2001, the sheriff levied upon the
defendant's interest in the real property situated in
North Middleton Township, Cumberland County, PA,
known and numbered as #591 Ridge a/k/a 375 Longs Gap
Road, Carlisle, and more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: October 29, 2001 By:
Real Estate Deputy
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
r' - 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 29th day(s) January and the 5th and 12th
day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of DaupJ~in in Mis~M-,
Volume 14, Page 317.
PUBLICATION
COPY J Nota~Seal S 22nd day Feb 2002 A.D.
S A L E #5 I Terry L. au~, notary Pu~c /,
I Hanl~rg, Daul~n Count/
I My Commission Exl)lres June e, 2ooz
Member, Pennsylvania Association ot NoUn, s NOTARY PUBLIC
My commission expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 249.60
$ 1.50
$ 251.10
circulation, h
been duly paid.
Publisher's Receipt for Advertising Cost
publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
receipt of the aforesaid notice and publication costs and certifies that the same have
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.
Roger M. Morgenthal, 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 thc 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:
JANUARY 25, FEBRUARY 1, 8, 2002
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.
REAL E~TATE ~ NO. 5
Writ No. 2001-4731 Civil
First Nationwide Mortgage Corp.
Elizabeth A. Culley (Deceased) and
Robert H. Culley
Atty.: Joseph A. Goldbeck, Jr.
ALL THAT CERTAIN tract or par-
cel of ground with the building and
improvements thereon erected, situ-
ate in North Middleton Township,
Cumberland County, Pennsylvania,
and described in accordance with a
survey made by Eugene A. Palm,
Registered Surveyor, Loysville,
Pennsylvania, dated April 22, 1977,
as follows, to wit:
BEGINNING at a point set on the
title line in the bed of Legislative
Route 21072 (Longs Gap Road) at a
comer of lands of Archie Morrison
(as shown on said Plan); thence ex-
tending from said beginning point
_and measured along _the title line in
SWORN TO AND SUBSCRmED before me this
8 day of FEBRUARY, 2002_
i NOTARIN. SEN. '"" ]
l(~ E~ SNYDER, N~ P~
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P 3180-3183
Joseph A,' Goldbeek, Jr.
Attorney I.D.# 16I 32
Suite 500 - The Bourse Bldg.
111 .S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
FIRST NATIONWIDE MORTGAGE CORP. '
PO Box 9481
Mail Code: 22-528-1011
Gaithersburg, MD 20898-9481
VS.
Plaintiff
ELIZABETH A. CULLEY
ROBERT H. CULLEY
Mortgagor(s) and ELIZABETH A; CULLEY
ROBERT H. CULLEYReeord Owner(s)
Ridge #591a/k/a 375 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cmnbefland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSUR~
No. 01-4731
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
Amount Due
· Interest from
01/01/2001 to
10/03/2001 at
8.0000%
(Costs to be added)
$16,630.58
(
GOLDBEC]
BY: Joseph
Attorney fo~
~RTY & McKEEVER
:k, Jr.
'th the building and improvements
....... · ,,rnarcel of ground ~,, Cumberland County, '
- mia and .- ~e~STlvama' dated ~prfl 22, [977, as ¢¢owS, to
thereon er~ , described in accordance ~ith a su~ey.~ade by Eugene A palm, .
pe~STtVa}~' .... ~ Lo~svCe, r . . ne in the bed of Legislative Koute210?2(L°ngs
Registered 5urv*j~-, - B said plan); thence
.... the tit~e h . . __ t~s shown o .. :_ ,he bed of
_ ~ ~a at a point se~ ~[~ _c a~chiigomsm~. ~ _-~ ,he title une m ~Z~ ~a feet to a
BEG1Nmu'~ _~ of lannS ut ~ ~ --~asure~ at°un.~' _~a~ West tt~'°~.7
~072 [cong~ ~-~, ~-~s of Cart ~. ~7~ o~ ~aet m an ~ron ~, - ' utes 29
~. _, ~, ~ comer ot ta~- _~a~ Fast ca~.o~ 'E ~ ~ n de~rees 9 m~ .... ia. thence
~a~d aforeSma; u~?~-~?_;~ at a comer m ~inuteS 0 s~On~} the first menUOneU
. e South 64 degrees 51
~-~¢.55 feet to an ffon w~-
xtenflmg al?~ s~2 ~he bed of LR 21072 (Longs Gap Ko 0
~in in the title hne ~
and place of BEG~G'
Tax parcel g29A6-1097-012
Being ~own as ~6ge g591 ~a 375 Longs Gap Road, cmlisle, PA 17013
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 01-4731 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FIRST NATIONWIDE MORTGAGE CORP.,
Plaintiff (s)
From ELIZABETH A. CULLEY AND ROBERT H. CULLEY,//591 A/K/A 375 LONGS ROAD,
CARLISLE, PA 17013
(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 $16,630.58 L.L.
Interest FROM 1/1/01 TO 10/3/01 AT 8.000%
Atty's Comm % Due Prothy
Atty Paid $794.76 Other Costs
PlaintiffPaid
$1.00
Date: MAY 8, 2003
(Seal)
CURTIS R. LONG
Prothonotary
REQUESTING PARTY:
Name JOSEPH A. GOLDBECK, JR., ESQUIRE
Address: SUITE 500 - THE BOURSE BLDG.
111 S. INDEPENDENCE MALL EAST
PHILADELPHIA, PA 19106
Attorney for: PLAINTIFF
Telephone: 215-627-1322
Deputy
Supreme Court ID No. 16132
IN THE UNITED STATES BANKRU?TCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
ROBERT H. CULLEY JR
Debtor(s)
FIRST NATIONWIDE MORTGAGE CORP.
Moving Party
vs.
ROBERT H. CULLEY JR
CHARLES J. DEHART III.
Debtor(s)
Trustee
CHAPTER 13
NO. 1-02-01156/RJW
11 U.S.C. Section 362
ORDER
AND NOW, this /~ day of FEBRUARY ,
2003 in Harrisburg,
upon failure of Debtor ( s ) and the Trustee to file and answer or
otherwise plead, it is ORDERED AND DECREED that:
The Automatic Stay of all proceedings as provided under Section
362, of the Bankruptcy Reform Act of 1978 (The code) 11 U.S.C. section
362, is modified to allow FIRST NATIONWIDE MORTGAGE CORP. and its
successor in title to proceed with the execution process through, among
other remedies but not limited to Sheriff's Sale regarding the premises
Ridge#591, Carlisle, PA 17013Ridge #591, a/k/a 375 Longs Gap
Road, Carlisle, PA 17013 and a possessory action if necessary.
PA
FEB I 9 2003
BY THE COURT:
Is~ John J. t.c,,,..~.,
JOHN J. THOMAS
Chief Bankruptcy Judge
Docket for Case: "+ GetCaseNo0 +" C + DktTypeExpand(m.gsDktType) + ,,)
Page 1 of 2
Bankruptcy Docket Report
1 02-01156 (Harrisburg)
CULLEY, ROBERT H, JR
Docket items entered between 01/01/1931 and 05/06/2003
Filing
Date Docket Entry
03/05/02
03/05/02
03/28/02
04108/02
04/22/02
04/25/02
04/26/02
05/29/02
05/31/02
05/31/02
07/11/02
07/26/02
09/06/02
09/09/02
09/09/02
VOLUNTARY PETITION under Chapter 13 & Mailing Matrix [EOD 03/05/02]
[~D]
NOTICE of intent to dismiss case unless missing documents are filed: due by
03/20/02 Re: Item # 1. [Complied] [EOD 03/05/02] [DD]
CORRESPONDENCE to Attorney allowing until April 4, 2002 to file missing
documents. Re: Item # 2. [EOD 03/28/02] [CA]
Schedules, Statements, Plan & Summary and all missing documents Re: Item # 2.
[EOD 04/09/02] [BR]
CERTIFICATE of Mailing of Notice of 341 Meeting. Objections to the plan are due
15 days after meeting held. [EOD 04/22/02] [CA]
MOTION FOR ORDER TO PAY TRUSTEE WITH CONSENT OF DEBTOR
[Disposed] [EOD 04/26/02] [JR]
ORDER to pay trustee. Re: Item # 6. [EOD 04/26/02] [JR]
341 meeting held. [EOD 05/29/02] [CA]
OBJECTION to plan by PA DEPT OF REVENUE Re: Item # 4. [Disposed] [EOD
05/31/02] ICG]
ENTRY OF APPEARANCE of NICHOLAS J. LAMBERTI, ASSISTANT
COUNSEL FOR PA DEPARTMENT OF REVENUE [EOD 05/31/02] ICG]
OBJECTION to plan by FIRST NATIONWIDE MORTGAGE CORP. Re: Item # 4.
[Disposed] [EOD 07/12/02] [CG]
CORRESPONDENCE SETTING HEARING WITH JUDGE THOMAS on 09/09/02
at 10:00 A.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), THIRD &
WALNUT STS., HARRISBURG,PA. 17108 Re: Item # 9. [EOD 07/26/02] [CG]
CORRESPONDENCE SETTING HEARING WITH JUDGE THOMAS on 09/09/02
at 10:00 A.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), THIRD &
WALNUT STS., HARRISBURG,PA. 17108 Re: Item # 11. [EOD 07/26/02] [CG]
MOTION TO DISMISS BY TRUSTEE WITH NOTICE SETTING HEARING on
10/l 0/02 at 02:00 P.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), THIRD &
WALNUT STS., HARRISBURG,PA. 17108 [EOD 09/06/02] [JC]
PROCEEDING MEMO re hearing held - debtor to file amended plan within 45.
record taken; mailing required by Clerks Office. Re: Item # 4. [EOD 09/10/02] ICL]
PROCEEDING MEMO re hearing held - debtor to file amended plan within 45 days
otherwise upon certification case is dismissed; record taken; mailing required by
Clerk's Office. Re: Item # 9. [EOD 09/10/02] [CL]
PROCEEDING MEMO re hearing held - settled; terms set forth on record; record
taken. Re: Item # 4. [EOD 09/10/02] ICL]
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Docket for Case: "+ GetCaseNo0 + ,, (,, + DktTypeExpand(m.gsDktType) + ,,)
Page 2 of 2
10/15/02
10/24/02
10/28/02
11/27/02
01/13/03
01/21/03
01/22/03
01/27/03
02/14/03
02/19/03
02/26/03
02/27/03
PROCEEDING MEMO re hearing held - settled; terms set forth on record; record
taken Re: Item # 11. [EOD 09/10/02] [CL]
Praecipe/Withdraw Re: Item # 13. [EOD 10/15/02] [CG]
Amended Ch. 13 Plan (Requested Proof of Service) Re: Item # 4. [EOD 10/25/02]
[CG]
This entry disposes of motion. Re: Item # 9. [EOD 10/25/02] [CG]
This entry disposes of motion. Re: Item # 11. [EOD 10/25/02] ICG]
CERTIFICATE OF MAILING RE: NOTICE ON CHAPTER 13 PLAN
AMENDMENT Objectionsdue on 11/18/02 Re: Item # 17. [EOD 10/29/02] ICG]
(FILE DATE SHOULD BE 10/29/02) [EOD 10/29/02] [CG]
ORDER conf'mning amended plan Re: Item # 17. [EOD 11/27/02] [CG]
MOTION TO DISMISS BY TRUSTEE WITH NOTICE SETTING HEARING on
02/13/03 at 02:00 P.M. at FED.BLDG., BKRPTCY CTRM.(3RD FLR.), THIRD &
WALNUT STS., HARRISBURG,PA. 17108 [EOD 01/13/03] ICG]
MOTION for relief from stay filed by FIRST NATIONWIDE MORTGAGE CORP.
(fee pd. $75.00, rec. #590938-DD) [Disposed] [EOD 01/21/03] [BW]
CERTIFICATE OF NONCONCURRENCE [EOD 01/21/03] [BW]
ORDER that answers aredue on 02/11/03 Re: Item # 21. [EOD 01/22/03] [BW]
CERTIFICATE of service Re: Item # 22. [EOD 01/27/03] [DS]
CERTIFICATE OF DEFAULT Re: Item # 21. [EOD 02/18/03] ICG]
ORDER granting relief from stay Re: Item # 21. [EOD 02/19/03] [CG]
TRANSFER (ASSIGNMENT) of claim #4 of COLLECT AMERICA, LTD in the
amount of $2,754.03 to B-LINE, LLC (Waiver of Notice) [EOD 02/26/03] [CG]
Praecipe/Withdraw Re: Item # 20. [EOD 02/27/03] [CG]
Printed: 05/06/03 13:16:39
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05/06/2003 13:16:40
Need help? Try the PACER User's_Guide
II,Pacer S~_ervice~_Center
Gold, beck McCafferty & McKeever
'BY: Joseph A. Goldbeck; Jr.
Attorney I.D. #16132
Suite 500 - The Bourse Bldg.
111 .S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
FIRST NATIONWIDE MORTGAGE CORP.
PO Box 9481
Mail Code: 22-528-1011
Gaithersburg, MD 20898-9481
VS.
Plaintiff
ELIZABETH A. CULLEY
ROBERT H. CULLEY
(Mortgagor(s) and ELIZABETH A. CULLEY
ROBERT H. CULLEYReeord Owner(s))
Ridge #591a/k/a 375 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 01-4731
AFFIDAVIT PURSUANT TO RULE 3129
FIRST NATIONWIDE MORTGAGE CORP., Plaintiff in the above action, by its attorney, jOseph A. Goldbeck, Jr.,
Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real
property located at:
Ridge #591a/k/a 375 Longs Gap Road
Carlisle, PA 17013
1.Name and address of Owner(s) or Reputed Owner(s):
ROBERT H. CULLEY
375 Longs Gap Road
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
ELIZABETH A. CULLEY
375 Longs Gap Road
Carlisle, PA 17013
I~OBERT H. CULLEY
375 Longs Gap Road
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgmem is a record lien on.the property to be sold:
Internal Revenue Service
Federated Investors Tower, 13th Floor, Ste. 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
Commonwealth of PA, Bureau of Individual Tax
Inheritance Tax Division, Atm. John Murphy
6th Floor, Strawberry Square, Dept. 280601
Harrisburg, PA 17128
Carlisle Suburban Auth.
240 Clearwater Drive
Carlisle, PA 17013
Dept. of Public Welfare
PPL Casualty Unit, Estate Recovery Program
P.O. Box 8486, Willow Oak Building
Harrisburg, PA 17105-8486
PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
The Commonwealth National Bank
10 S. Market Square
Harrisburg, PA 17101
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:
6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property
which may be affected by the sale.
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.
TENANTS / OCCUPANTS
Ridge #591
a/k/a 375 Longs Gap Road
Carlisle, PA 17013
(attach separate sheet if more space is needed)
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 unswom falsification to authorities.
DATED: May 6, 2003
01-4731
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-62%1322
Attorney for Plaintiff
FIRST NATIONWIDE MORTGAGE CORP.
PO Box 9481
Mail Code: 22-528-1011
Gaithersburg, MD 20898-9481
Plaintiff
vs.
ELIZABETH A. CULLEY
ROBERT H. CULLEY
Mortgagor(s) and CULLEY, ELIZABETH A.
CULLEY, ROBERT H.Record Owner(s)
Ridge #591a/k/a 375 Longs Gap Road
Carlisle, PA 17013
Defendant(s
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Tg~m
No. 01-4731
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
TO:
NOTICE OF SFIERIFF,S SAI,F~ OF REAL PROPERTY
CULLEY, ROBERT 'H.
ROBERT H. CULLEY
375 Longs Gap Road
Carlisle, PA 17013
Your house at Ridge #591a/k/a 375 Longs Gap Road, Carlisle, PA 17013 is scheduled to be sold
at Sheriff's Sale on Wednesday, September 03, 2003, at 10:00 AM, in Commissioners Hearing Rm 2nd FL
Courthouse to enforce the court judgment of $16,630.58 obtained by FIRST NATIONWIDE MORTGAGE
CORP. against you.
NOTICE OF OWNER'S RIGHTS
· YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay to FIRST NATIONWIDE MORTGAGE CORP., the back
payments, late charges, costs and reasonable attorney's fees due. To f'md out how much you must pay call:
215-627-1322
01-4731
2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 notice below on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTH ~:R RIGHT~Z
EVEN IF IHE SHERi FF'S SAI Ji'~ DOES NOT TAK'I~, PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may f'md
out the price bid price by calling the Sheriff of 717-240-6390.
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 in the sale. To fred
out if this has happened, you may call the Sheriff of 717-240-6390.
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 house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the
Sheriffs 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 distribution is wrong) are filed
with the Sheriff within ten (10) days after the schedule of distribution is filed.
7. You may also have other rights and defenses, or ways of getting your house 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
LEGAL SERVICES INC
8 hwine Row
Carlisle, PA 17013
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, Jr.
Attorney I.D.#16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
FIRST NATIONWIDE MORTGAGE CORP.
PO Box 9481
Mail Code: 22-528-1011
Gaithersburg, MD 20898-9481
VS.
EL~ABETH A. CULLEY
ROBERT H. CULLEY
Plaintiff
Mortgagors and ELIZABETH A. CULLEY
ROBERT H. CULLEY Record Owners
Ridge #591a/k/a 375 Longs Gap Road
Carlisle, PA 17013
Defendants
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 014731
CERTIFICATE OF SERVICE
PURSUANT TO Pa.R.C.P. 3129.2 (el (2)
Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the
Defendants of the Notice of Sheriff Sale was made by:
Personal Service by the Sheriffs Office/,~mls~t~al~n.(copy of return attached).
( Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached).
( Certified mail by Sheriffs Office.
( Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record
(proof of mailing attached).
( Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment
attached).
( Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record.
IF SERVICE WAS ACCOMPLISHED BY COURT ORDER.
( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached).
( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached).
( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified
Mail attached).
Pursuant to the Affidavit under Rule 3129 (copy attached), service orr all lienholders (if any) has been
made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached).
The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S.
Section 4904.
Respectfully submitted,
First Nationwide Mortgage Corp.
VS
Elizabeth A. Culley and Robert
H. Culley ~
In The Court of Common Pleas of
Cumberland .~ounty, Pennsylvania
Writ No. 2001-4731 Civil Term
Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on
May 16, 2003 at 3:03 o'clock PM, 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: Robert H. Culley, by making known unto Katrina Culley, adult daughter of
defendant, at 375 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, its
contents and at the same time handing to her personally the said tree and correct copy of
the same.
Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states
that on July 9, 2003 at 11:57 o'clock A.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 Robert H. Culley located at 375 Longs Gap Road, Carlisle, 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 one of the within
named defendants, to wit: Robert H. Culley, by regular mad to his last known address of
375 Longs Gap Road, Carlisle, PA 17013. This letter was mailed under the date of July
3, 2003 and never returned to the Sheriff's Office.
Sworn and subscribed to before me
This _. day of
2003, A.D.
Prothonotary
~
R. Thomas Kline, Sheriff
Real Est ca, Deputy
GOLDBECK McCAFFERTY & McKEEVER
By: Joseph A. Goldbeck, Jr.
Attorney I.D. #16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
(215) 627-1322
Attorney for Plaintiff
FIRST NATIONWIDE MORTGAGE CORP.
Plaintiff
VS.
ELIZABETH A. CULLEY and
ROBERT H. CULLEY
(Mortgagors) and (Record Owners)
Ridge #591
a/k/a 375 Longs Gap Road
Carlisle, PA 17013
Defendant(s)
In the Court of Common Pleas of
Cumberland County
Civil Action - Law
Action of Mortgage Foreclosure
Term
No. 01-4731
SUGGESTION OF DEATH
It is respectfully suggested that Defendant Elizabeth A. Culley is deceased, having
departed this life July 1990. Accordingly, the title ve
GOLDi
BY: Jo~
Attorr
n Robert H. Culley.
~FkERTY , Jr.
:iff
& McKEEVER
Goldbeck McCafferty & McKeever
BY: Joseph A. Goldbeck, Jr.
Attomey I.D. #16132
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
215-627-1322
Attorney for Plaintiff
FIRST NATIONWIDE MORTGAGE CORP.
PO Box 9481
Mail Code: 22-528-1011
Gaithersburg, MD 20898-9481
Plaintiff
VS.
ELIZABETH A. CULLEY
ROBERT H. CULLEY
Mortgagors and ELIZABETH A. CULLEY
ROBERT H. CULLEY Record Owners
Ridge #591a/k/a 375 Longs Gap Road
Carlisle, PA 17013
Defendants
IN THE COURT OF COMMON PLEAS
of Cumberland County
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
No. 014731
AFFIDAVIT PURSUANT TO RULE 3129
FIRST NATIONWIDE MORTGAGE CORP., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr.,
Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real
property located at:
Pddge #591a/k/a 375 Longs Gap Road
Carlisle, PA 17013
1.Name and address of Owner or Reputed Owner:
ROBERT H. CULLEY
375 Longs Gap Road
Carlisle, PA 17013
2. Name and address of Defendants in the judgment:
ELIZABETH A. CULLEY
375 Longs Gap Road
Carlisle, PA 17013
ROBERT H. CULLEY
375 Longs Gap Road
Carlisle, PA 17013
3. Name and last known address of eve~ judgment creditor whose judgment is a record lien on the property to be sold:
Internal Revenue Service
Federated Investors Tower, 13th Floor, Ste. 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
Commonwealth of PA, Bureau of Individual Tax
Inheritance Tax Division, Attn. John Murphy
6th Floor, Strawberry Square, Dept. 280601
Harrisburg, PA 17128
Carlisle Suburban Auth.
240 Clearwater Drive
Carlisle, PA 17013
Dept. of Public Welfare
PPL Casualty Unit, Estate Recovery Program
P.O. Box 8486, Willow Oak Building
Harrisburg, PA 17105-8486
PA DEPARTMENT OF PUBLIC WELFARE
Bureau of Child Support Enfomement
Health and Welfare Bldg. - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
DOMESTIC RELATIONS OF CUMBERLAND COUNTY
PO Box 320
Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
The Commonwealth National Bank
10 S. Market Square
Harrisburg, PA 17101
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:
6. Name and address of every other person of whom the plaintiffhas knowledge who has any record interest in the property
which may be affected by the sale.
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.
TENANTS / OCCUPANTS
Pddge #591
a/k/a 375 Longs Gap Road
Carlisle, PA 17013
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are tree 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.
DATED:
B y:,~oseph A. Goldbeck, Jr., Esq.
Afl6mey for Plaintiff
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 Scott Hench is the grantee the same having been sold to said grantee on the
3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 8th day of May, A.D.,
2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 4731, at the suit
of First Nationwide Mte Corp against Elizabeth A Culler & Robert H is duly recorded in Sheriff's Deed
Book No. 259, Page 4565.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this //~ 7-// day of
First Nationwide Mortgage Corp.
VS
Elizabeth A. Culley and Robert
H. Culley
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-4731 Civil Term
Dawn Kell, Deputy Sheriff, who being duly swom according to law, states that on
May 16, 2003 at 3:03 o'clock PM, 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: Robert H. Culley, by making known unto Katrina Culley, adult daughter of
defendant, at 375 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, its
contents and at the same time handing to her personally the said tree and correct copy of
the same.
Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states
that on July 9, 2003 at 11:57 o'clock A.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 Robert H. Culley located at 375 Longs Gap Road, Carlisle, 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 one of the within
named defendants, to wit: Robert H. Culley, by regular mail to his last known address of
375 Longs Gap Road, Carlisle, PA 17013. This letter was mailed under the date of July
3, 2003 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 3, 2003 at 10:00 o'clock A.M. He sold the same for
the sum of $51,000.00 to Scott Hench. It being the highest bid and best price received for
the same, Scott Hench of 251 Sheaffer Road, Carlisle, PA 17013, being the buyer in this
execution, paid to Sheriff R. Thomas Kline the sum of $54,292.28.
Sheriffs Costs:
Docketing $30.00
Poundage 1020.00
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library
Prothonotary 1.00
Mileage 6.90
Levy 15.00
Surcharge 20.00
Law Journal 246.80
Patriot News 235.18
Share of Bills 28.90
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$1738.28
Sworn and subscribed to before me
This ~---1 day
2003, A.D:'~7~V~_ ~ ~ ~--,
' Prothonotary
So Answer~
R. Thomas Kline, Sheriff
\
Real Estat~ Deputy
Real Estate Sale # 25
On May 15, 2003 the sherifflevied upon the
defendant's interest in the real property situated in
North Middleton Township, Cumberland County, PA
known and numbered as #591 Ridge a/k/a 375 Longs Gap Rd.,
Carlisle, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 15, 2003 By: ~J/~-/$14~
Real Estate Deputy
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1884, 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 22nd and 29th day(s) of July and the 5th
day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
VoIume14, Page317. ~.~ ~~
PUBLICATION ..............................
COPY Sworn ~ s~bscribed b~ ~e'/~his 13th day/~ Au~lb~003 A.D.
S A L E #25 Te~y L F~[~!, N(Xa~y ~
MyCommssionF~re~June6,20O6 I NOTARY PUBLIC
Ma'n~er, Perm'/va~aA~,,;;e~O~Naa~e~ly commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 233.43
$ 1.75
$ 235.18
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same 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 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:
JULY 18, 25, 2003 AUGUST 1, 2003
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 tree.
P~J~L E~TATE ~ NO. 25
Writ No. 2001-4731 Civil
First Nationwide Mortgage Corp.
VS.
Elizabeth .~ Culley a~d
Robert H. Culley
Atty.: Joseph Goldbeck
ALL THAT CERTAIN tract or pm'-
cel of ground with the building mid
improvements thereon erected, situ-
ate in North Middleton Township,
Cumberland County, Pennsylvania.
and described in accordance with a
survey made by Eugene A. Pahn, Reg-
istered Surveyor. Loysvllle, Pennsyl
vanla, dated April 22, 1977, as fol-
lows, to wit:
BEGINNING at a point set on the
title line in the bed of Legislative
Route 21072 (Longs Gap Road) at a
comer of lands of Archie Morrison
{as shown on said Plan): thence ex-
tending from said beginning point
and measured along the title line in
the bed of LR 21072 (Longs Gap
Road) North 19 degrees 20 minutes
41 seconds West 175.84 feet to a
point at a comer of lands of Carl W.
Lehman; thence extending along
same North 70 degrees 38 minutes
10 seconds East 244.82 feet to an
iron at a corner of Carl W. Lehman
land aforesaid; thence extending
along same South 10 degrees 9 rain
utes 29 seconds East 155.55 feet
to an iron pin at a comer of la,ids of
Archie Morrison, aforesaid: thence
extending along same South 64 de
grees 51 minutes 0 seconds West
221.12 feet to an iron pin in the
title line in the bed of LR 21072
(Longs Gap Road) the first men
tioned point and place of BEGIN-
NING.
Tax Parcel #29 16 1097-012.
Being known as Ridge #591,
a/k/a 375 Longs Gap Road, Car-
Li~~e Coyne, Edito~r ~/
SWORN TO AND SUBSCRIBED before me this
I day of AUGUST, 2003
ate in North Middleton Tov~ship,
Cumberland County, Pennsylvania,
arid described in accordance with a
survey made by Eugene/~ Palm, Reg-
Istered Surveyor, Loysville, Pennsyl-
vania, dated April 22, 1977. as fol-
lows. to wit:
BEGINNING at a point set on the
title line in the Bed of Legislative
Route 21072 {Longs Gap Road) at a
comer of lands of Archie Morrison
[as shown on said Plan): thence ex-
tending from said beginning point
and measured along the title lithe in
the bed of LR 21072 [Longs Gap
Road) North 19 degrees 20 rr~mtes
41 seconds West 175.84 feet to a
point at a corner of lands of Carl W.
Lehman; thence extending along
same North 70 degrees 38 minutes
10 seconds East 244.82 feet to an
iron at a comer of Carl W. Lehman
land aforesaid; thence extending
along same South 10 degrees 9 min-
utes 29 seconds East 155.55 feet
to an iron pin at a corner of lands of
Archie Morrison. aforesaid; thence
extending along same South 64 de-
grees 51 minutes 0 seconds West
221.12 feet to an iron pin in the
title line in the bed of LR 21072
[Longs Gap Road) the first men-
tioned point and place of BEGIN-
NING.
Tax Parcel #29-16 1097-012.
Being known as Ridge #591.
a/k/a 375 Longs Gap Road, Car-
lisle, PA 17013.