The URL can be used to link to this page

Home My WebLink About01-6609~cCABE, WEISBERG A/qD CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 961 Weigel Drive, P.O. Box 8621 Elr0hurst, IL 60126 John Carrow, Jr. 506 Walton Court Lemoyne, PA 17043 and Susan Carrow 1420 Bradley Drive Carlisle, PA 17013 Cumberland County Court of Common Pleas CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail 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. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defeasas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede con~nuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 961 Weigel Drive, P.O. Box 8621 Elmhurst, IL 60126 Vo John Carrow, Jr. 506 Walton Court Lemoyne, PA 17043 and Susan Carrow 1420 Bradley Drive Carlisle, PA 17013 Cumberland County Court of Common Pleas CIVIL ACTION/MORTGAGE FORECLOSI/R~ 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is John Carrow, Jr., who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 506 Walton Court, Lemoyne, PA 17043. 3. The Defendant is Susan Carrow, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 1420 Bradley Drive, Carlisle, PA 17013. 4. On January 25, 2001, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1666, Page 232. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 506 Walton Court, Lemoyne, PA 17043. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due July, 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. 7. The following amounts are due on the mortgage: Principal Balance Interest 7/01 through 11/1/01 (Plus $43.50 per diem thereafter) Attorney's Fee $ 6,258.65 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 $125,173.00 $ 7,263.67 GRAND TOTAL $139,245.32 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $139,245.32, together with interest at the rate of $43.50 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Gail Lumpkins, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, and that she is authorized to make this verification and that the forgoing facts are tree and correct to the best of her knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 PA.C.S.§4904 relating to unswom falsification to authorities. iSail Lumpkins, ForeClosure ~pe~ahs'-t ~' MOItTG~GE IS AN OPEN-END MORTG&GI~ AND ~ECURES ~TUR~ IF BOX IS ~ECKED, ADVANCES. T~S MORTGAG~ is made t~s ~y 25TH o~ JANUARY ~ 01 , ~n the Mo~gagor, 30~N CARROW~ JR, AND SUSAN CARROW, HUSBAND AND WI FE (hergifl"~owct'}andMo~gag~ BENEFICIAL CONSUMER OISCOUNT COMPANY OIBIA BENEFICIAL MORTGAGE CO OF PENNSYLVANIA , a ~r~tion orga~ and g~i~g U~d~ ~e laws of PENNSYLVAN I A , who~ addr~ is aglO CARLISLE PIKE, SUITE 104 MECHANICSBURG, PA 1~050 : (her~in *Lender*). The following paragraph preccded by a chccked box is appiicable. ~ WHEREAS, Borrower is indebted to Le~clgr in the principal sum of $ ~ 25,5~, 20 ~v;ae~c~ bv Bor~wer's ~n Re~yment and S~u~ty Ag~ement or S~n~r~" Mortgage ~an A~men~ ~t~ b'~'~RV 2'~.' 200~ ...... a~d'an~~rW~e~als'tb~f'('h~in'*Notc'),'pro~ding for monthly i~lmen~ of pdnci~l ~d in~,/ncl~ing any a~j~tmen~ to the amount of ~ym~ ~ ~e contract ra~ if that ra~ is ratable, with ~he balance of the indebted, if not ~ ~]d, d~'and ~yablc on JANUARY* 25, 2031 ~' ;. '. ~ ~R~AS, ~ow~ is in~bt~ ~o ~nder in the ~n~l sum of $ , or ~ m~c~ . ~eof as may ~ advan~ pu~ ~o ~w~'s Revo]~ng ~an A~m~t and e~ions and r~ew~s their (hewn 'Note'), p~ovlding for m~t~y i~llm~, an5 in~e~t at the ~e and on~ ~c ~erms ~ifi~ in the No~e, incl~ing any adj~m~ in the int~t rate if that ~te. provi~ for a cr~i~ ilm{t s~ in thc pdndpal ~m a~ve and ~ ini~a] advan~ of $ ·; TO S~U~ to ~nde: ~he ~ymcn~ of (l) ~e indeb~n~ evld~c~ by ~he No~, with in~e~ /nci~ing any incr~ if the con~ ra~ is variable; (2) futu~ advan~ ~der any Revolving Loan ~r~m~t; (3) the paymen~ of all other ~ms, whh in~ ~er~n,.adv~c~ in ac~r~nce h~ewlth W pwt~t ~e ~Hty of this Mo~gage; an5 (4) the ~fo~an~ of the.~ovenan~ and.a~m~ of Bo~w~ he~dn con~in~, Bo~ower d~ h~eby rooftree, ~r~t and ~nvey W ~d~ and ~nd~'s su~m and ~g~ thc following d~ lo~t~ in ~e County of CU~BER~A~0 ' Commonw~Rh of Pen~ylv~ , 01-07-00 MTfi ALL THAT CERTAIN PROPERTY SITUATED IN THEBOROUGH OF LEMOYNE IN THE COUNTY OF CUMBERLAND AND COIv~tONWEALTH OF ' ' PENNSYLVANIA, BEING MORE FULLY DESCR;BED IN A DEED DATED ' ..' 0812111900 AND RECORDED 08122110G0, AMONG TH~= LAND RE'CORDS '' "' ':"'" ' OF THE COUNTY AND STATE SET-FORTH ABOVE, IN DEED VOLUME, S34 -' AND PAGE g39. TAX ~P OR PARCEL ID NO.: 12-23-0543-04V ~' '"': '' ./. ...", . :~ '~ · . .. ~ ' ~ P~0~I "17701 ~256Sg~TGgOOGPAO0128 lOa~ x ~1 O I~L 12. Notice. ~cep~ for any notice required under applicable law '~ower pro~ for in lhi~ Moth.ge s~l ~ ~ven by deriving ~ or by, m~llng, s~h.. not[ce,by.~H~. ~m~l ~d~ to ~w~ a~ ~be P~rty Add~ or a~ such other addr~ .~ovid~ her~n, and (b) any notis~ ~o ~ndqr.~all ~ ~ by.~if[~, mail t9 ~n~ddr~.atg.herei~ or ~o s~h othe~ add~ ~ ~d~r ma~ ~gsate by n?i~ to ~rower ~ ~vi~n, M~n~t[C9 ~-~id~ !or i~ t~s ~o~gage shall~d~m~ to haw ~n given lo ~ow~ ~nder w~engty~ tnt? ~cr~a~n~r~l~; ~ t'e la~';" ' 13. Ooverning ~w; SevcrabilJty.. ~e ~tc and 1o~ laws a~h~ole;to j2~iction'i~ wMch the P~rty is I~t~. The foeegoing ~t~cc shall not limit ~ a~li~Mllty of F~ law ~ this Mo~gage. In the ev~t ~at ~y ~ovislon o~ cla~ of this Mo~gage or ~e Note ~Miic~ with appli~ble law, s~h ~nfli~ sh~l not ~f~t other ~vlslo~ of ~s Mo~gage or th~ Note wMc~ ~n ~ ~ven eff~ wi~out ~e ~fli~ing ~vislon, and to tMs end.~e provlsio~ of ~s Mo~gage and the Note ~e d~lar~ ' ~a. and 'at~rneys' f~* include all sums to {he e~nt not p~hiMt~ by a~licable law or limi~ h~n. ! 4. ~orrower's Copy. ~rower shall ~ fumish~ a ~nform~ ~py of the Note and ex~ution 6r ~t~ ~rdation her~f. 15. Rehabilitati~ Loan Agreement. Bor~wcr s~ll fulfill all of Borrow~'s obllgaflo~ und~ ~y home rchabili~tion,, im~ovemcnt, r~r. or oth~ loan a~m~t wMch ~ower enle~ into with ~der. ~dcr, at ':any.~'n~, clai~. ~ dc[e~ w~ch ~war. may nave S~l~t conn~gon with im~ovemen~ made ~ thc Pro~rty 16. Transfer of the Property. If Bo~wer ~lls or t~c~ ~l or any ~n of the Pro~y or ~ in~t therein, excludln~ (a) t~e cr~tion of a lien or e~umbran~ su~rglnate to this Mo~gage, (b) a tra~fer by devil, d~enl, or by o~ratlon of law u~n the d~h of a ~nt tenant, (c) the ~ant of any I~hotd in~r~ of thr~ y~ or 1~ not coasting an option to pu~h~, (d) ~e cr~tion of a pu~h~ money ~urity intcr~t for h~old a~li~c~, (z) a ~f~ to a r~ative r~lting from ~e d~th of a ~r~w~, (f) a ~er where the owner of t~ p~y, (g) a tr~fer r~ulting from a d~ of di~lution o[ ma~a~, le~ ~tion a~en~, or from.an in~d~l pro~y ~tdement a~ment, by which the s~ of ~e ~ow~r ~m~ an own~ of thc pro~y, (h) a l~f~ in~ an int~ viv~ ~ in w~ch the Bor~wer is and remai~ a ~efi~ary ~d which do~ not rela~ ~ a t~ of H~ of ~cu~cy in the ~y, or (i) any oth~ tra~f~ or ~tlon d~g~ in ~latio~ ~ri~ by thc F~al Home ~n Bank ~ard, Bbrrower s~l ca~ to ~ submitt~ informagon r~ulr~ by ~der to eval~ tbe ~ ~ if a new loan we~ ~ing made to ~e tra~er~. Bo~wer will ~ngnuz ~ ~ obli~t~ und~ the N~e and this Mo~gage unl~ ~r tel ~ ~rrow~ in wrltlng. · If ~nd~ d~ riot a~ ~ s~h ~le or tra~f~, ~ndcr may d~lare all of thc ~ms imm~ia~ly due ~d ~yable. lf.~ exe~i~ s~h ~tion ~ ~le~le, ~ndcr ghall .m~l Bo~ower notice of a~el~at[on in ac~rdan~ with paragraph !2 beef. S~h nogce shall ~-o~ide a ~d~ of not t~ t~n ~ ~ from the date the notice is mail~ or dellv~r~ within which Bo~w~r may ~y sums pflor ~ the ex~ragon of ~ch ~i~, ~nder may, without fO~er not~ce or ~m~d on ~r~wer, invoke any rem~i~ ~mltt~ by ~a~aph 17 her~f. NON-~IFO~ COVEN~. Bor~w~ and ~er [uah~ ~v~ant and a~ ~ follow~ i 7. Ac~leration; Remedies. Except as provided in paragraph 16 hereof, upon Bo~ower's breach of any covenant or a~eement Of Borrower in this Mortgage, including thc covenants to pay when due any sums ~cured by'this'Mb-ffiige,"~nder ~riSft~fc~l~f~tio~shsll gi~e'i6t i~-tb'B~rro*e~rovide~'ih para,raSh 12 hereof s~ifying: (1) t~ breach; (2) the action required to cure such brach; (3) a date. not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cu~dl and (4) that faiiure to cu~ such breach on or ~fore the date sp~ified in the notice may result in acceleration of the sums ~ured by this Mo~gage; foreclosure-by judicial proceeding, and sal~ of the Pro~rty. The noti~ shall fu~her ~orm Borrower of the right to reinstate after acceleration a~d the right to assc~ in the fo~losure preceding thc nonexisten~ of a default or any other defense of Bo~ower to accelera!jon and fo~losure. If the breach is not cured on or ~fore the date s~cified in thc nutty, Lender, at Lender's option, may declare all of the sums secured by this Mo~gage to ~ immediately due and payable without fu~h~ demand and may foreclose this Mortgage by judicial preceding. Lender shall ~ ~titled to collect in such proceeding all expels for~losure, including, but not limited to, reasonable attorneys' f~s and costs of documentary evidence. nb~racts and title reports. , PAO012~ 01-07-00 ~G x1770172585g~O9 OOOP~O 12840""~ x ~IGI~L [[ -- 18. Ilorrower's Right to l~einstat~. N6twith~tindin~ L~ler's acceleration 6! the sums b~ this Me.gage d~ to ~o~r's brach, ~ower s~ll h~ve ~e right to ~v8 any ~in~ ~gun b~ ~er ~ ~o~ this M~gage Oi~ontin~ ,at any time prior-to ~try of a iudgm~nt ~or~ing ~is Me.gage if: (a).~rrow~ ~nd~ ~1 sums which,wo~ld ~ th~ d~ under tMs Mortgage and the No~ had no a~ele~tion o¢curr~; (.b) Bet?ewer cur~ ~l'~(~h~-of any o~ir oownan~ or a~ments of ~rrower ~on~n~ in ~is-Mortgage; Bo~w~ ~ys all ~able ex~ incurr~ by ~nd~r in 8~6r~ing the ~ven~ and a~m~ of Borrower con~ia~ in zhis Me.gage, and id e~o~ing ~nder's rem~i~ ~ pmvid~ in ~mi~ph 1~ her~f, incl~ing, but not limit~ to, ~nable attorneys' [~; and {d) Borrower ~ s~h ~ion ~ ~d~ may r~nably ~uir8 ~u~ t~t the lien of tMs Me.gage, ~nder's int~ in the Pro~ ~d ~rrower's o~ligagon to ~y tho sums ~ur~ by this Me.gage shall ~nfinu~ unim~r~. U~h s~h ~ym~t and cu~ by ~w~, IMs Me.gage and ~e obliptio~ ~ur~ hereby s~lt ~main in full force and eff~t ~ if no accele~ti~ had ~cu~. 19. Assi~ment of Rents; Appointment of Receive. ~ additio~l ~rity hereunder, Bomower hereby ~i~ to ~d~ the ~ of ~c Pro~Y, provid~ that Bo~ow~ s~l, prior to a~elera~on under pa~graph her~f, in abandonm~t of the Pro~y, ~ve the right to ~ll~t and ~in ~ch ren~ ~ they ~omc due and · - in~' by a cou~ to ~t~-u~ , .~ · ' --' ~ first to ' 'ment or the a ~lv~. ap~ . '. duo All ron~ ~11~ by the r~civer shall ~ sppl ~Y . , of the Pro~y including tho~ ~ ' - ..... · ..... :~-~ino but not limit~ to, ~wr s ~ o[ managcm~t of tho Pro~ an~ COllagen el t~.~, , .... ~, ' p~i~ms on r~eiwr's ~n~ and reachable attorneys' {e~, and then to the ~m$ ~¢d by ~s Menage. ~e r~v~ s~l bo liable to a~unt only for th~ ren~ a~lually r~ived. 10. Release. U~n ~m~t of all sums ~ur~ by this Mortgage, ~d~ sh~l r~le~ tMs MoUlage without c~rgo ~ Bo~ower. Borrow~ s~ll ~y all co~ of r~r~tion, if an~. 2l. Waiver of Homcstcad. ~ower h~y waiv~ all ri~t o[ homered exempgon in the Pro~ ~ndcr ~te or F~al law, 22. Intcrcst Rate After l~dgment. Bo~wer a~ the inter~t rate ~able after a judgm<t is ~ntered on the No~ or in an s~tion of mortgago for~losu~ shall ~ ~e ~t8 ~t~ in ~e 01-07-00 MTG PA001285 '1 II REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed bf trust or oth~r encumbrance with a lien which has priority ovei' this Mortgage to give Notice to Lender, at Le~der's address not forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. J~O~ CARROI¢ JR SUSAI¢ CAR.ROW I h~reby certify that the pr~ci~ addr~ o.! the Lender (Mortgagee) is: 4910 CARLISLE PIKE. SUITE 10~ ~C~ICSBURO,PA 17050 ~ ~half of thc ~der. By: DO~A A ~ATELLO-COLLTN~' Title: ~NA~ER COMMONWEALTH OF PENNSYLVAnia, LEB~0N Coun~.~ l, DO~A A F~[~O-COE~I~S , a ~o~ry Public in and for'~id county and s~to, do hereby ~fy ~nally known ~ me to ~ the ~me ~mn(s) wh~ ~me{$) ~' ~ri~ to ~e fo~soi~ imminent, ap~r~ ~for¢ me tMs ~y in ~n, and ac~owl~ ~at T ~ ~.~d deliver~ ~ ~id i~mont ~EX~ O~ ... fr~ volubly act, for ~ ~ ~d pu~ ~er~ ~t 25~ ~y or JA~ARY ' , ~ 01 . Oiven under my hand and official seal, this · My Commi .m.i.on expires: .;.;;, -.'. ,.~ · ot,.~,L:. TM . ]~otary Public This instrument was ~'emred by: D SC0t CO ? (N~m~) : 4910 C~ZS~ PIKE~ SUITE 104 ,PA 17050 Carlisle, PA thi ,. 4. (Addr~s) To: Processing Service~ · §77 Lamont Road Elmhurst, IL 601~ · PA001286 N 177017258693MTGg000PA0012860N "C,A,qR{~g ORIGINAJ. McCABE, WEISBERG AND CONWA¥, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification ~m~er 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : V. i JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term PETITION TO A~LOW SERVICE ON THE DEFENDANT BY REGULAR MAIL, CERTIFIED MAiL AND POSTING PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, John Carrow, Jr., at the Defendant's last-known address of 506 Walton Court, Lemoyne, PA 17043. However, the Sheriff advised that he was unsuccessful since per Co-Defendant, Susan Carrow, the Defendant, John Carrow is in Florida with his mother and she does not know when he will return. A copy of the Sheriff's Return indicating the same is attached hereto and marked as Exhibit "A." 2. Plaintiff has searched for a forwarding address for Defendant, and the Post Master has advised that there is no change of address order on file for the Defendant, John Carrow, Jr., from the address of 506 Walton Court, Lemoyne, PA 17043 (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 3. Plaintiff has checked the Local Telephone Directory for an address for Defendant; there is a listing for the Defendant, John Carrow, Jr., at 506 Walton Court, Lemoyne, PA 17043, however the phone has been disconnected (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B") . 4. Plaintiff has made inquiry with the Jane Owens, a neighbor residing at 508 Walton Court, who stated that there was domestic trouble between John & Susan; they spilt up. The house looks secure, but she does not known where John moved to (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 5. Plaintiff has made inquiry of the local tax bureau and the tax bill is mailed to 506 Walton Court, Lemoyne, PA 17043 (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B") . 6. Plaintiff has made inquiry with the Social Security Administration and was advised that there are no death records on file for the Defendant, John Carrow, Jr. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 7. Plaintiff has investigated the Defendant's Voter Registration Record, and the Cumberland County Voter Registration Office, has advised that the Defendant, John Carrow, Jr., is registered to vote at the address of 506 Walton Court, Lemoyne, PA 17043 (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B") . 8. If service cannot be made on the Defendant, John Carrow, Jr., the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an O~der allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, John Carrow, Jr., by regular mail; certified mail, return receipt requested; and by posting at Defendant's last- known address and the mortgaged premises known in this herein action as 506 Walton Court, Lemoyne, PA 17043. TERRE~CE J. McCABE, ~SQUIRE Attorney for Plaintiff M~CABE, WEISBERGAND CONWA¥, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification N,~er 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : V. : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. ~cCABE, WEISBERG AND CO~¥, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification ~,m~er 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : V. : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Petition to Allow Service on the Defendants by Regular Mail, Certified Mail, and Posting Pursuant to Pa.R.C.P. 430, by United States Mail, first class, postage prepaid, on the 18th day of December, 2001, upon the following: John Carrow, Jr. 506 Walton Court Lemoyne, PA 17043 TERRENCE J. McCABE, ESQUIRE VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TER~ENCE J. McCABE,' ESQUIRE -- SHERIFF'S RETURN - NOT FOIIND CASE NO: 2001-06609 P · COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS CARROW JOHN JR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT CARROW JOHN JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT , CARROW JOHN JR PER SUSkN, JOHN IS LIVING WITH HIS MOTHER IN FLORIDA AND DOES NOT KNOW WHEN HE WILL RETURN. Sheriff's Costs: Docketing 18.00 Service 10.40 Not Found 5.00 Surcharge 10.00 .00 43.40 R. ~homas Kline Sheriff of Cumberland County MCCABE wEISBERG CONWAY 11/30/2001 Sworn and subscribed to before me this day of A.D. Prothonotary LARRY DEL VECCHIO PROCESS SERVER FOR McCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINISTER, PA 19874 (215) 442-5668 (215) 442-9727 FAX Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania VS. JOHN CARROW, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-6609 LAST KNOWN ADDRESS: 506 Walton Court, Lemoyne, PA 17043 LOAN NUMBER: 5-1466PA AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certify that on November 30, 2001, a good faith effort was made to discover the correct address of said defendant (s), by: Inquiry of Postal authority; Postal authority states defendant's mail is delivered as addressed at property. Examination of local telephone directories and 411 assistance; John Can'ow, 506 Walton Ct., (717) 774-3341, Number is Disconnected Neighbor Contacts: Jon& Jane Owens, 508 Walton Ct., (717) 774-7207, Jane stated property is abandoned. There was domestic trouble between John and Susan; they split up. The water is off, but house looks secure. She doesn't know where John moved too. P.J. Sterling, 504 Walton Ct., (717) 774-8009, Mrs. Sterling stated the property has been empty since April of 2001. Tax Information: Tax office has mailing address same as property, 506 Walton Ct. 5. Death Records: Social Security has no death records for the defendant under his social security number. 6. Voter Registration: The defendant is registered at property, 506 Walton Ct. I certify that this information is true and correct to the best of my kn.~tledge, information and belief. Larry Del Vecchio, Process Server NOTARY PUBLIC: Sworn to and descri~' ; EXHIBIT "B" LARRY DEL VECCHIO PROCESS SERVER FOR McCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINSTER, PA. 18974 (215) 442-5668 FAX (215)442-9727 November 30, 2001 Postmaster Lemoyne, PA 17043 REQUEST FOR CHANGE. OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (ifa boxholder) for the following: Name: Address: John Carrow, Jr. 506 Walton Ct. Lemoyne, PA 17043 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for McCabe, Weisberg & Conway, P.C. 3. The names of all known parties to this litigation: Beneficial CDC v. John Carrow, Jr. & Susan Carrow 4. The court in which the case has been or will be heard: Cumberland County, PA, Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 01-6609 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCT[VE LITIGATION COULD RESULT [bl CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000.00 OR INPR[SONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE ] 8 U.S.C. SECTION 1001). 1 CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LI ~,,..~._.~~ ..--'"~ P.O. Box 3221 LARRY DEL VECCHIO Warminster, PA. 18974 For McCabe, Weisberg & Conway, P.C. FOR THE POST OFFICE USE ,ONLY NO CHANGE OF ADDRESS ORDER ON FILE NEW ,~;DDRESS OR BOXHOLDER'S NAIvlE AND PHYSICAL STREET ADDRESS: BENEFICIAL CONSUMER DISCOUNT d/b/a BENEFICIAL MORTGAGE COMPANY OF PA JOHN CARROW, JR. AND SUSAN CARROW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6609 CIVIL TERM ORDER OF COURT AND NOW, this 28TM day of DECEMBER, 2001, Plaintiff's leave for alternate service of pleadings is DENIED without prejudice. Plaintiff is directed to attempt to serve the defendant John Carrow, Jr. at the home of his Mother in Florida. If that attempt fails, we will consider another petition for alternate service as long as it sets forth the attempts to discover Defendant's Florida address. Terrence J. McCabe, Esquire For the Plaintiff . John Callow, Jr. \ 506 Walton Court Lemoyne, Pa. 17043 :sld ~;OIN¥ ~03010 McCABE, WEISBERGAND CONWAY, P.C. BX: TERRENCE J. McCABE, ESQUIRE Identification ~,~er 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorne~ for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE : COMPANY OF PA : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint the above-captioned matter. in Mortgage Foreclosure in TERAENCE J. McCABE~SQUIRE ~ Attorney for Plaintiff pHILADELPHIA, PA 19107 · PH~)NE: (215) 546-7400 FAX: 215-985-0169 AFFIDAVIT OF SERVICE ~elNTl~(Sc)i a ne'ri. 3. CDC ~EFENDA. blT(S)~ JO{9'A L;atr) OW~ J¥'. SERVE AT 6~5B 43rd Terrace North St. Peter mblirg Fl.. ~F~BENCE NO. COMP~ ~ NO, John Carr'o~ J¥'- Sewed and made known to _ philadelphia A~sociation of Professional process Servers lC)ATE. RECEIVED Cc .... ~f o .......... v' of Cumberla~ad Cot,usry Civil Rc:'eion Hor'~:~age Foreclosure .~E. RVE EY. Febl"uary "::' '~n02 on the_ _ day of_ _, 20 , at at_ Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served, [~]Adult family member with whom said Defendant(s) reside(s). Relationship is []Adult in charge of Defendant's residence who refused to give name or retationship. []Manager/Clerk of placing of lodging in which Defendant(s) reside(s). []Agent or person in charge of Defendant's office or usual place of business. ]]]Posted DefendaYr[; no'~: ===== ==~===:=======: '- Coun'ey .to serve ~:hl.~ ___~ : .... ' ....... and make ~e~urn ~herof and ac:cording to Law,, Coula~y She¥'~f'F~s Cheek $ ....................... ~ -~'eYl~ fid~t] ~') ...................... - ............................. =================================== .t"4i~VlE OF SERVER pya3¢:e~ss ,~':':':':':':':':~[e¥'c~e/'~ .. ~c~ ,} _~~ ~b~duly sworn a?~rding deposes and says ~at he/she is process server heremn name , that the facts herein set forth above are true and correct to the best of their knowledge, information and belief. Process Se~er / Sheriff Competent Adult_ Law Firm T;~.r r &Ge z- ~cCab;:;~ Address Phl]adeZl.,hi,~ PA Telephone ~ ~ 2~ Philadelphia AS~. of pmfe~ional Pr~e~ Sewem Rev 1 Daniel E. Irvine Co. , on # cc Expires Dee. 17,2003 Bond~ Thru Atlantic Bond/n~ Co., Inc. Identification # For Sworn to & subscribed before me this ATTEST PRO PROTHY Ja¥~ua¥'y 2~,1, DATE McCJtBE, WEISBERGAND CONWAY, P.C. BY: TEI~RENCE J. McCABE, ESQUII~E Identification N~er 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term AMENDED ORDER AND NOW, this day of , 2002, the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure and all other subsequent pleadings that require personal service and the Notice of Sheriff's Sale upon the Defendant, John Carrow, Jr., by regular mail and by certified mail, return receipt requested, addressed to the Defendant's last-known address of 6058 43r~ Terr. N., St. Petersburg, FL 33709, and further by posting at the mortgaged premises known in this herein action as 506 Walton Court, Lemoyne, PA 17043. BY THE COURT: Jo McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUI~E Identification ~,m~er 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term PETITION TO ~T.n~W SERVICE ON THE DEFENDANT BY REGULARMAIL, CERTIFIED MAIL AND POSTING PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, John Carrow, Jr., at the Defendant's last-known address of 506 Walton Court, Lemoyne, PA 17043. However, the Sheriff advised that he was unsuccessful since per Co-Defendant, Susan Carrow, the Defendant, John Carrow is in Florida with his mother and she does not know when he will return. A copy of the Sheriff's Return indicating the same is attached hereto and marked as Exhibit "A." 2. Plaintiff has searched for a forwarding address for Defendant, and the Post Master has advised that there is no change of address order on file for the Defendant, John Carrow, Jr., from the address of 506 Walton Court, Lemoyne, PA 17043 (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B") . 3. Plaintiff has checked the Local Telephone Directory for an address for Defendant; there is a listing for the Defendant, John Carrow, Jr., at 506 Walton Court, Lemoyne, PA 17043, however the phone has been disconnected (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit neighbor domestic "B"). Plaintiff has made inquiry with the Jane Owens, a residing at 508 Walton Court, who stated that there was trouble between John & Susan; they spilt up. The house looks secure, but she does not known where John moved to (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 5. Plaintiff has made inquiry of the local tax bureau and the tax bill is mailed to 506 Walton Court, Lemoyne, PA 17043 {See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 6. Plaintiff has made inquiry with the Social Security Administration and was advised that there are no death records on file for the Defendant, John Carrow, Jr. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 7. Plaintiff has investigated the Defendant's Voter Registration Record, and the Cumberland County Voter Registration Office, has advised that the Defendant, John Carrow, Jr., is registered to vote at the address of 506 Walton Court, Lemoyne, PA 17043 (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 9. Plaintiff filed an original Motion for Alternative Service on December 20, 2001, however, the Honorable Edward E. Guido denied said Motion on December 28, 2001 without prejudice. The Honorable Edward E. Guido directed us to find an address for the Defendant, John Carrow's mother in FL and attempt service there. A copy of the signed order indicating the same is attached hereto an marked as Exhibit "C." 10. Plaintiff conducted a phone search for a telephone number for the Defendants mother in FL. A disconnected telephone number was found for the Defendant at 6058 43rd Terr. N., St. Petersburg, FL 33709. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "D"). 11. Plaintiff has searched for a forwarding address for Defendant, and the Post Master has advised that there is no change of address order on file for the Defendant, John Carrow, Jr., from the address of 6058 43rd Terr. N., St. Petersburg, FL 33709 and marked Exhibit "D"}. 12. Plaintiff attempted to serve a true and correct the Complaint in Mortgage Foreclosure upon the Defendant, Carrow, Jr., Petersburg, unsuccessful B&R's Return (See Affidavit of Good Faith Investigation attached hereto copy of John at the address of 6058 43rd Terr. N., St. FL 33709. However, the process advised that he was since it is the wrong John Carrow, Jr. A copy of indicating the same is attached hereto and marked as Exhibit "E." 13. If service cannot be made on the Defendant, John Carrow, Jr., the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, John Carrow, Jr., by regular mail; certified mail, return receipt requested; addressed to the Defendant's last-knwon address of 6058 43rd Terr. N., St. Petersburg, FL 33709, and further by posting at the mortgaged premises known in this herein action as 506 Walton Court, Lemoyne, PA 17043. Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.O. BY: TERRENCE J. MoCABE, ESQUIRE Identification ~m~er 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term MEMORANDUM OF LAW If a resident of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as Court 430. Defendant has obstructed or prevented service the by special order shall direct service pursuant to P.R.C.P. WHEREFORE, Plaintiff prays this service be made. TERRENCE J. McCABE, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCa. BE, ESQUIRE Identification ~,m~er 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Petition to Allow Service on the Defendants by Regular Mail, Certified Mail, and Posting Pursuant to Pa.R.C.P. 430, by United States Mail, first class, postage prepaid, on the 11th day of April, 2002, upon the John Carrow, Jr. 6058 43r~ Terr. N., St. Petersburg, FL following: 33709 TERRENCE J. McCABE, ESQUIRE .VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. SHERIFF'S RETURN C~SE NO: 2001-06609 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND BENEFICIAL CONSUMER DISCOUNT VS CARROW JOHN JR ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, CARROW JOHN JR ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT · NOT FOLrND , as to , CARROW JOHN JR PER SUSAN, JOHN IS LIVING WITH HIS MOTHER IN FLORIDA AND DOES NOT KNOW WHEN HE WILL RETURN. Sheriff's Costs: Docketing 18.00 Service 10.40 Not Found 5.00 Surcharge 10.00 .00 43.40 R. ~homas Kline Sheriff of Cumberland County MCCABE wEISBERG CONWAY 11/30/2001 Sworn and subscribed to before me this day of A.D. Prothonotary LARRY DEL VECCHIO PROCESS SERVER FOR McCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMYNISTER, PA 19874 (215) 442-5668 (215) 442-9727 FAX Beneficial Consumer Discount Company d/Wa : Beneficial Mortgage Co. of Pennsylvania : VS. : : JOHN CARROW, JR. : COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-6609 LAST KNOWN ADDRESS: 506 Walton Court, Lemoyne, PA 17043 LOAN NUMBER: 5-1466PA AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certify that on November 30, 2001, a good faith effort was made to discover the correct address of said defendant (s), by: Inquiry of Postal authority; Postal authority states defendant's mail is delivered as addressed at property. Examination of local telephone directories and 411 assistance; John Carrow, 506 Walton Ct., (717) 774-3341, Number is Disconnected Neighbor Contacts: Jori & Jane Owens, 508 Walton Ct., (717) 774-7207, Jane stated property is abandoned. There was domestic trouble between John and Susan; they split up. The water is off, but house looks secure. She doesn't know where John moved too. P.J. Sterling, 504 Walton Ct., (717) 774-8009, Mrs. Sterling stated the property has been empty since April of 2001. 4. Tax Information: Tax office has mailing address same as prol~rty, 506 Walton Ct. 5. Death Records: Social Security has no death records for the defendant under his social security number. 6. Voter Registration: - The defendant is registered at~-Ol~ll~ ~0'6 Walton Ct. I certify that this info_rm~o$li~lllll ~dll~rect to the I~l~,f my knov~ledge, information and belief. NOT : L3rD' Del Vecchio, Process Server Sworn to and descri~'~ before m~s~ LARRY DEL VECCHIO PROCESS SERVER FOR McCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WAR_MINSTER, PA. 18974 (215) 442-5668 FAX (215)442-9727 November 30, 2001 Postmaster Lemoyne, PA 17043 REQUEST FOR CHANGE, OF ADDRESS OR BOXHOLnER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (ifa boxholder) for the following: Name: John Carrow, Jr. Address: 506 Walton Ct. Lemoyne, PA 17043 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). Them is no fcc for providing boxholder information. The fce providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for MeCabe, Weisberg & Conway, P.C. 3. Tbe names of all known parties to this litigation: Beneficial CDC v. John Carrow, Jr. & Susan Carrow 4. The court in which the ease has been or will be heard: Cumberland County, PA, Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 01-6609 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSIDN OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE LITIOATION COULD RESULT IN CRIMINAL PENALTIES INCLUDIN(} A FINE OF UP TO $10,000.00 OR INPR1SONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION 1S NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE --- ~" P.O. Box 3221 LARRY DEL VECCHIO Warminster, PA. 18974 For McCabe, Weisb~rg & Conway, P.C. FOR TIlE POST OFFICE USE .ONLY NO CHANOE OF ADDRESS ORDER ON FILE~-'~ _ NEW ADDRESS OR BOXHOLDER S NAME AND PHYSICAL STREET ADDRESS: BENEFICIAL CONSUMER DISCOUNT d/b/a BENEFICIAL MORTGAGE COMPANY OF PA Vo JOHN CARROW, JR. AND SUSAN CARROW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6609 CIVIL TERM ORDER OF COURT AND NOW, this 28TM day of DECEMBER, 2001, Plaintiff's leave for alternate service of pleadings is DENIED without prejudice. PIaintiffis directed to attempt to serve the defendant John Carrow, Jr. at the home of his Mother in Florida. If that attempt fails, we will consider another petition for alternate service as long as it sets forth the attempts to discover Defendant's Florida address. Terrence J. McCabe, Esquire For the Plaintiff John Carrow, Jr. 506 Walton Court Lemoyne, Pa. 17043 :sld EXHIBIT "C" In Teshr~' .: ! here unto set my hand and the s~oi :'.j ~ ~t Carlisle, Pa. LARRY DEL VECCHIO PROCESS SERVER FOR McCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINISTER, PA 19874 (215) 442-5668 (215) 442-9727 FAX Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania VS. JOHN CARROW, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-6609 LAST KNOWN ADDRESS: 506 Walton Court, Lemoyne, PA 17043 LOAN NUMBER: 5-1466PA AMMENl)ED AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certify that on November 30, 2001, a good faith effort was made to discover the correct address of said defendant (s), by: 1. Inquiry of Postal authority; Postal authority states defendant's mail is delivered as addressed at property. 2. Examination of Ioeal telephone direetories and 411 assistance; John Carrow, 506 Walton Ct., (717) 774-3341, Number is Disconnected Neighbor Contacts: Jon& Jane Owens, 508 Walton Ct., (717) 774-7207, Jane stated property is abandoned. There was domestic trouble between John and Susan; they split up. The water is off, but house looks secure. She doesn't know where John moved too. P.J. Sterling, 504 Walton Ct., (717) 774-8009, Mrs. Sterling stated the property has been empty since April of 2001. 4. Tax Information: Tax office has mailing address same as property, 506 Walton Ct. 5. Death Records: Social Security has no death records for the defendant under his social security number. 6. Voter Registration: The defendant is registered at property, 506 Walton Ct. EXHtiSt'[ "D" Other Information: A phone listing was found in Florida which was disconnected at 6058 43'd Terr. N, St. Petersburg, FL 33709. Can't confirm this is said defendant. I certify that this information is tree and correct to the best of my knowle~g)e, information and belief. BY: ~" ' Larry Del Vecchio, Process Server NOTARY PUBLIC: Sworn to and dascri~ ~ before me this. C~,~'[ day of t UY ~ E~O~S FEB. 29, 3an 22 O~ Ol:OSp larr~ del vecchio 2154429727 p.1 COPY' P.O. BOX 3221 · LARRY DEL VECCHIO PROCESS SERVER FOR · McCABE, WEISBERG & cONWAY, P.C. WARMINSTER, PA. 18974 (215) 442-5668 FAX (215) 442-9727 January 11, 2002 Postmaster St. Petersburg, FL 33709 REQUF. ST FOR CHANGE OF ADDRESS OR BOXtlOLDER INFOI~IATION NEEDED FOR SERVICE Ot~ LEGAL PROCESS Please furnish thc new address or the name and atr~t address (ifa boxhold¢0 for the following: Name: John Carrow, Jr. ~..~.~r Add~ess: 6058 43rd Terr. N. St. Petersl~u~g, FL 33709 The following inform~Uon is pco~idell in ~ord~ll** with 39 CFR 265.6(d) (4) (ii). There i~ no f~ for providing bo~d~old~'int'orm~o~. T~ f= providing change of addr~ in fonnatio~ ia waive^ in acea¢dance with 39 CFR 265.6 (d) (1) and {2) ~nd corr~lxm~ing ArMunislratlve Support Manual 352A4a and b. 1. Capacity of rexluester: Process Server 2. Statute or regulation that empowers me to serve process (not i~luired when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Rule 400.(b); Process Server for McCabe, Weisberg& Conway, P.C. 3. The names of all known pa,ties to this litigation: Beneficial CDC v. John Caxrow, Jr. 4. The court in which the case has be~n or will be heard: Cumberland County, PA, Court of Common Pleas 5. The docket or other identifying numbe~ if one has been assigned: 01-6609 6. The capacity in which this individual is to be served: Defendant(s) me SURUiSStOS oE EaZSE r~mrdu^nON TO Om'~d}~ mO USE ctmqGE OF ~DRESS ~o~'rtON OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER ~ Tile SERVICE OF LEGAL PROCES-~ IN CONNECTION WITH ACTUAL OR PROSEP'CTiVE LiTiGATiON COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FI'NE OF lip IO $10,00a 00 Ge. l~emSOlq~.'~T O~ O) TO AVOID PAVMEm'OV me ~E ~0~ chloe or INFORMRATION OF NOr MORE THAN 5 YEARS, OR BOTH (TH'LE 18 U.S.C, SECTION I CERTIFY THAT THE ABOde INEORMAT|ON IS TRUE AND THKF THE ADDRESS [NFORMATIOIq 15 NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAl. PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE L[TIGAT1 LARRY DEL VECCHtO Watmins~er, PA 18974 FOR THE PO~T OFFICE USE ONLY NOC. ANGE ON NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS: P.O. BOX 3221 LARRY DEL VECCHIO PROCESS SERVER FOR McCABE, WEISBERG & CONWAY, P.C. WARMINSTER, PA. 18974 (215) 442-5668 FAX (215) 442-9727 January 11, 2002 Postmaster St. Petersburg, FL 33709 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (ifa boxholder) for the following: Name: John Carrow, Jr. Address: 6058 43rd Terr. N. St. Petersl~urg, FL 33709 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Rule 400.(b); Process Server for McCabe, Weisberg & Conway, P.C. 3. The names of all known parties to this litigation: Beneficial CDC v. John Carrow, Jr. 4. The court in which the case has been or will be heard: Cumberland County, PA, Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 01-6609 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE LITIGATION COULD RESULT [lq CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000.00 OR INPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFOR/vIRATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIG~ P.O. Box 3221 LARRY DEL VECCHIO W~minster, PA. 18974 For M¢Cabe, Weisberg & Conway, P.C. FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS: POST MARK _PHILADELpH~pA 19~107 ~ ~*[B~IDNE: (215) 546-7400 FAX: 215-985-0169 AFFIDAVIT OF S~RVICE P,LAINTIPF($) DEFENDANT(S) SERVE AT COMPANY CONTROL NO. REFERENCE NO. Se~ed and made known to at Philadelphia Association of Professional Process Servees , at Commonwealth of Pennsylvania, in the manner dascdbed below: [] Defendant(s) pemonally served. [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence who refused to give name or relationship. [] Manager/Clerk of placing of lodging in which Defendant(s) reside(s). [] Agent or person in charge of Defendant's office or usual place of business. [] Posted ~i; ,,~.~eJ~ F' F :I: ,:':,t.~ ~:16 iii: ~:~: ~: t; 1 i ? t~, ',; ~: ~::~ ~ ~ NAME OF SERV.E.? (~, ,epps;s and '~yS"th~i'heT.~t is pmce~ ~wor herein name,?nd that the fac~ he~.set fo,~ ~ve are tree ~n~corr~ to Shedff Competent Adult A~omey's Np~e ,, Address Telephone ~ Swom to& ~o~-flbe~ before ~e, this A~EST ..... PRO PROT~Y DATE McCABE, WEISBERGAND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification ~m~er 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term PETITION TO ~tLLOW SERVICE ON THE DEF~_-_.~D__a_NT BY REGULARMAIL, CERTIFIED MAIL AND POSTING PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, John Carrow, Jr., at the Defendant's last-known address of 506 Walton Court, Lemoyne, PA 17043. However, the Sheriff advised that he was unsuccessful since per Co-Defendant, Susan Carrow, the Defendant, John Carrow is in Florida with his mother and she does not know when he will return. A copy of the Sheriff's Return indicating the same is attached hereto and marked as Exhibit "A." 2. Plaintiff has searched for a forwarding address for Defendant, and the Post Master has advised that there is no change of address order on file for the Defendant, John Carrow, Jr., from the address of 506 Walton Court, Lemoyne, PA 17043 {See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 3. Plaintiff has checked the Local Telephone Directory for an address for Defendant; there is a listing for the Defendant, John Carrow, Jr., however the phone at 506 Walton Court, Lemoyne, PA 17043, has been disconnected (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 4. Plaintiff has made inquiry with the Jane Owens, a neighbor residing at 508 Walton Court, who stated that there was domestic trouble between John & Susan; they spilt up. The house looks secure, Affidavit of Exhibit "B"). 5. Plaintiff has made but she does not known where John moved to (See Good Faith Investigation attached hereto and marked inquiry of the local tax bureau and the tax bill is mailed to 506 Walton Court, (See Affidavit of Good marked Exhibit "B"). 6. Plaintiff has made inquiry with Administration and was advised that there file for the Defendant, John Carrow, Jr. Lemoyne, PA 17043 Faith Investigation attached hereto and the Social Security are no death records on (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 7. Plaintiff has investigated the Defendant's Voter Registration Record, and the Cumberland County Voter Registration Office, has advised that the Defendant, John Carrow, Jr., is registered to vote at the address of 506 Walton Court, Lemoyne, PA 17043 (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 9. Plaintiff filed an original Service on December 20, 2001, however, Guido denied said Motion on Motion for Alternative the Honorable Edward E. December 28, 2001 without prejudice. The Honorable Edward E. Guido directed us to find an address for the Defendant, John Carrow's mother in FL and attempt service there. A copy of the signed order indicating the same is attached hereto an marked as Exhibit "C." 10. Plaintiff conducted a phone search for a telephone number for the Defendants mother in FL. A disconnected telephone number was found for the Defendant at 6058 43=d Terr. N., St. Petersburg, FL 33709. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "D"). 11. Plaintiff has searched for a forwarding address for and the Post Master has advised that there is no Defendant, change of address order on file for the Defendant, John Carrow, Jr., from the address of 6058 43rd Terr. N., St. Petersburg, FL 33709 (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "D") . 12. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, John Carrow, Jr., at the address of 6058 43rd Terr. N., St. Petersburg, FL 33709. However, the process advised that he was unsuccessful since it is the wrong John Carrow, Jr. A copy of B&R's Return indicating the same is attached hereto and marked as Exhibit "E." 13. Plaintiff received a phone call from John Carrow, Jr. who stated that he is not the John Carrow, Jr. that is the Defendant in our foreclosure action since he has a middle initial of D and the John Carrow, Jr. that is the Defendant in this case has a middle initial of M. 14. If service cannot be made on the Defendant, John Carrow, Jr., the Plaintiff will WHEREFORE, Plaintiff prays Order allowing the Plaintiff to be prejudiced. this Honorable Court grant an serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, John Carrow, Jr., by regular mail; return receipt requested; and by posting known address and the mortgaged premises action as 506 Walton Cou~t, Lemoyne, certified mail, at the Defendant's last- known in this herein PA 17043. TERRENCE J. McCABE, UIRE Attorney for Plaintiff McCABE, WEISBERGAIgD CONW~Y, P.C. BY: TER/~ENCE J. McCABE, ESQUIRE IdentificationN,,m~er 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : JOHN CARROW, JR. : and : SUSAN CARROW CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. McCABE, ~EISBERGAND CO~-WAY, P.C. BY: TEP/~ENCE J. McCABE, ESQUI~E Identification ~mher 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term CERTIFICATION OF SERVIC~ I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Petition to Allow Service on the Defendants by Regular Mail, Certified Mail, and Posting Pursuant to Pa.R.C.P. 430, by United States Mail, first class, postage prepaid, of April, 2002, upon the following: John Carrow, Jr. 506 Walton Court Lemoyne, Pa 17043 on the 22nd day TERRENCE J. M6C~ABE, ~SQUIRE VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this that the foregoing facts are true and correct knowledge, information and belief and further verification and to the best of his states that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. TERkEN~E J. McCABE, ESQUIRE SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-06609 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS CARROW JOHN JR ET AL R. Thomas Kline duly sworn according to !aw, inquiry for the within named defendant, CARROW JOHN JR unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says~ that he made a diligent search and DEFENDANT __ in his bailiwick. He therefore returns # but was the the within named DEFENDANT , CA, RROW JOHN JR · NOT FOUND , as to PER SUSAN, JOHlq IS LIVING WITH HIS MOTHER IN FLORIDA AND DOES NOT KNOW WHEN HE WILl, RETURN. Sheriff's Costs: Docketing 18.00 Service 10.40 Not Found 5.00 Surcharge 10.00 .00 43.40 R. Thomas Kline Sheriff of Cumberland County MCCABE wEISBERG CONWAY 11/30/2001 Sworn and subscribed to before me this day of A.D. Prothonotary LARRY DEL VECCHIO PROCESS SERVER FOR McCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINISTER, PA 19874 (215) 442-5668 (215) 442-9727 FAX Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania VS. JOHN CARROW, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-6609 LAST KNOWN ADDRESS: 506 Walton Court, Lemoyne, PA 17043 LOAN NUMBER: 5-1466PA AMMENDED AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certify that on November 30, 2001, a good faith effort was made to discover the correct address of said defendant (s), by: Inquiry of Postal authority; Postal authority states defendant's mail is delivered as addressed at property. Examination of local telephone directories and 411 assistance; John Carrow, 506 Walton Ct., (717) 774-3341, Number is Disconnected 3. Neighbor Contacts: Jon& Jane Owens, 508 Walton Ct., (717) 774-7207, Jane stated property is abandoned. There was domestic trouble be~een John and Susan; they split up. The water is off, but house looks secure. She doesn't know where John moved too. P.J. Sterling, 504 Walton Ct., (717) 774-8009, Mrs. Sterling stated the property has been empty since April of 2001. 4. Tax Information: Tax office has mailing address same as property, 506 Walton Ct. 5. Death Records: Social Security has no death records for the defendant under his social security number. 6. Voter Registration: The defendant is registered at pmperty, 506 Walton Ct. LARRY DEL VECCHIO PROCESS SERVER FOR McCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINSTER, PA. 18974 (215) 442-5668 FAX (215) 442-9727 November 30, 2001 Postmaster Lemoyne, PA 17043 REQUEST FOR CHANG~ OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (ifa boxholder) for the following: Name: John Carrow, Jr. Address: 506 Walton Ct. Lemoyne, PA 17043 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for McCabe, Weisberg & Conway, P.C. 3. The names of all known parties to this litigation: Beneficial CDC v. John Carrow, Jr. & Susan Carrow 4. The court in which the case has been or will be heard: Cumberland County, PA, Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 01-6609 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000.00 OR INPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). l CERTIFy THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE P.O. Box 3221 L3.RRY DEL VECCHIO Warminster, PA. 18974 For MeCabe, Weisberg & Conway, P.C. FOR THE POST OFFICE USE ONLY [ NO Ct a GE OF DRESS OP. DER ON FILE NEWADDRESSOR~NAMEANDPHY I AL STREET ADD :. BENEFICIAL CONSUMER DISCOUNT d/b/a BENEFICIAL MORTGAGE COMPANY OF PA JOHN CARROW, JR. AND SUSAN CARROW : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : .. : NO. 2001-6609 CIVIL TERM . ORDER OF COURT AND NOW, this 28TM day of DECEMBER, 2001, PlaintifFs leave for altemate s6rvice of pleadings is DENIED without prejudice. Plaintiffis directed to attempt to serve the defendant John Carrow, Jr. at the home of his Mother in Florida. If that attempt fails, we will consider another petition for alternate service as long as it sets forth the attempts to discover Defendant's Florida address. Edward E. Guido, J. Terrence J. McCabe, Esquire For the Plaintiff John Carrow, Jr. 506 Walton Court Lemoyne, Pa. 17043 :sld EXHIBIT "C" In Testlr,~- .~ ! here unto set my hand and tAe s~a; < :/ ! at Carlisle, Pa. LARRY DEL VECCHIO PROCESS SERVER FOR McCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINISTER, PA 19874 (215) 442-5668 (215) 442-9727 FAX Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania VS. JOHN CARROW, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-6609 LAST KNOWN ADDRESS: 506 Walton Court, Lemoyne, PA 17043 LOAN NUMBER: 5-1466PA AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certify that on November 30, 2001, a good faith effort was made to discover the correct address of said defendant (s), by: Inquiry of Postal authority; Postal authority states defendant's mail is delivered as addressed at property. Examination of local telephone directories and 411 assistance; John Cnn'ow, 506 Walton Ct., (717) 774-3341, Number is Disconnected Neighbor Contacts: Jon& Jane Owens, 508 Walton Ct., (717) 774-7207, Jane stated property is abandoned. There was domestic trouble between John and Susan; they split up. The water is off, but house looks secure. She doesn't know where John moved too. P.J. Sterling, 504 Walton Ct., (717) 774-8009, Mrs. Sterling stated the property has been empty since April of 2001. 4. Tax Information: Tax office has mailing address same as properly, 506 Walton Ct. Social Security has no death records for the defendant t uri 6. Voter Registration: The defendant is registered at property, 50 I certify that this information is true and correct to the best of my kn~yledge, information and belief. BY: ~ ,~ " Larry Del Vecchio, Process Server NOTARY PUBLIC: Sworn to and descri~' 1 ~ c,.~oo.,,,.L?~c~s coumv/ Other Information: A phone listing was found in Florida which was disconnected at 6058 43~a Terr. N, St. Petersburg, FL 33709. Can't confirm this is said defendant. I certify that this information is true and correct to the best of my knowle~e, information end belief. BY: ~ "- - Larry Del Vecehin, Process Server NOTARY PUBLIC: Swom to and descri~ll~o ,~ before me this t(~.~ ~/5_! day COPY' P.O. BOX 3221 LARRY DEL VECCHIO PROCESS SERVER FOR McCABE, WEISBERG & CONWAY, P.C. WARMINSTER, PA. 18974 (215) 442-5668 FAX (215) 442-9727 January 11, 2002 PosUnaster St. Petersburg, FL 33709 REQUEST FOR CHANGE OF ADDRES~ OR EOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and srrcct add, uss (ifa boxholdeO for the to/lowing: Ad&ess: 6058 43rd.Terr. N. St. Petersburg, FL 33709 't~e following intormatlon is Im~vhled in ~otdanee with 39 CFR 265.6(d) (4) {ii), There is no fee for providing I~hold~t mli~matinn ~ fee providing change of ~dres. s information is waived in acc0tdance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual l. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Rule 400.(b); Process Server for McCabe, Weisbcrg & Conway, P.C. 3. Tbe namers of all known pm'tiEs to this litigation: Beneficial CDC v. John Carrow, Jr. 4. The court in which the case has been or will be heard: Cumberland Gounty, PA, Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 01-6609 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CBANGE OF ADDRESS INFORMATION OR BOXHOt/)ER INFORMATION FOR ANY PURPOSE OTHER 'tHAN TltE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUD[N(] A F~NE OF lIP POST MARK LARRY DEL VECCHIO W~rainster, PA 18974 NO CHANGE OF ADDRESS ORDER ON FILl: NEW ADDRF25S OR BOXI4OLDER'S NAME AND PI4YSICAL STREET ADDRES~t: P.O. BOX 3221 LARRY DEL VECCItlO PROCESS SERVER FOR McCABE, WEISBERG & CONWAY, P.C. WARMINSTER, PA. 18974 (215) 442-5668 FAX (215) 442-9727 January 11, 2002 Postmaster St. Petersburg, FL 33709 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (ifa boxholder) for thc following: Name: John Carrow, Jr. Address: 6058 43rd Terr. N. St. Petersl~urg, FL 33709 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no f~: for providing boxholder information. Thc fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Rule 400.(b); Process Server for McCabe, Weisberg & Conway, P.C. 3. The names of all known parties to this litigation: Beneficial CDC v. John Carrow, Jr. 4. The court in which the case has been or will be heard: Cumberland County, PA, Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 01-6609 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANy PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $I0,000.00 OR INPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). l CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIG~.~ P.O. Box 3221 LARRy DEL VECCHIO Warminster, PA. 18974 For McCabe, Weisberg & Conway, P.C. FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE POST MARK NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET DRE S: 0 ~35 SOLITH 1 ~.T,H ~REET (215) $46-7400 PLAINTIFF(S) D ,EFENDANT(S) , SERVE AT COMPANY CONTROL NO. R~tEHENCE NO. Se~ and made k~wn ~n the day of AFFIDAVIT O~ S~RVICE ,20 __, at .3ommonwealth of Pennsylvania, in the manner de~c,;bed below: [] Defendant(s) personally sewed. [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's resh:lence who refused to give name or relationship. [] Manager/Clerk of placing of lodging in which Defendant(s) resk:le(s). []Agent or person in charge of Defendant's office or usual place of business. [] Posted . o'clock, N~ME OF SERV~ , . /'~. that the facts herei~ set forth ~ebgve are frue and'correc o the I~s o J Process Server / ~omey's ~j; For Identification # J ATTEST PRO PROTHY methis 2O DATE McC2%BE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification N~,m~er 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 APR 2 6 2002 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term AMEND E D O RD E R the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure and all other subsequent pleadings that require personal service~=~ ~..~ :;ctir5 ~_ ~h~'~ q-!~upon the Defendant, John Carrow, Jr., by regular mail and by certified ~ mail, return receipt requested,'~nd by posting at the Defendant last-known address and the mortgaged premises known in this herein action as 506 Walton Court, Lemoyne, PA 17043. Jo McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification ~,m~er 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE : COMPANY OF PA : V. : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. TERRENCE J. McC~E, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad S~reet, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount : Company d/b/a Beneficial Mortgage : Company of PA : 961 Weigel Drive, P.O. Box 8621 : Elmhurst, IL 60126 : : Vo John Carrow, Jr. 506 Walton Court Lemoyne, PA 17043 and Susan Carrow 1420 Bradley Drive Carlisle, PA 17013 Attorney for Plai~iff~ ¢2 ~ -'~3 Cu~erland County~ Court of Co--on Pleas TRUE COPY FROM RECORD in Testimony whereof, i here unto set my hand Number : CIVIL NOTICE ACTION/MORTGAgE FORECLOSURE 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 ~0) days a~ ~ 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 ?l.lms set forth against you. You are warned tha~ if you fail to do so hhe case may proceed without you and a judgment may be entered against you by hhe court without further notice [or any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or propen'y or other fights impo;qan~ ~o you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONtL GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FlND OUT WHERE YOU CAN GET HL~_,P. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estns demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asenta~ una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objedones a las demandas en contra de su persona. Sea avisado que si .usted no se de/iende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor de/ demandante y requie/e que usted cumpla con todas las provisiones de esia demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIAT~ r~. SI NO 'l ~ ABOGADO O SI NO · rlENE EL DllqliKO SL1FIc~.NTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TIiLEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA F, SCRITA ABAJO PARA AVERIGUAR DONDE SE PDI~DE CONSEGUIR ASI~i'P, NCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Cumberland County Bar Association 2 h'berty Avenue Carlisle, PA 17013 (717) 249-3166 McCABE, WEISBERGAND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2.080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 961 Weigel Drive, P.O. Box 8621 Elmhurst, IL 60126 Vo John Carrow, Jr. 506 Walton Court Lemoyne, PA 17043 and Susan Carrow 1420 Bradley Drive Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/~ORT~A~E FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is John Carrow, Jr., who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 506 Walton Court, Lemoyne, PA 17043. 3. The Defendant is Susan Carrow, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 1420 Bradley Drive, Carlisle, PA 17013. 4. On January 25, 2001, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1666, Page 232. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 506 Walton Court, Lemoyne, PA 17043. 6. The mortgage is in default because monthly payments of princiPal and interest upon said mortgage due July, 2001 and each month thereafter are due and unpaid, and by the te~ms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: $125,173.00 $ 7,263.67 Principal Balance Interest 7/01 through 11/1/01 (Plus $43.50 per diem thereafter) Attorney's Fee $ 6,258.65 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $139,245.32 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $139,245.32, together with interest at the rate of $43.50 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TERRENCE J. ~cCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Gall Lumpkins, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, and that she is authorized to make this verification and that the forgoing facts are tree and correct to the best of her knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 PA.C.S.§4904 relating to unswom falsification to authorities. ~ail Lumpkins, ~ore,~losure ~pe~alis'-t T~S MORTGAGE ~ made ~s ~y 26TH o[ JANUARY ~ O~ , ~n ~o M~gor, JO~N CARR~ JR, AND SUSAN CARROW~ HUSB~D ~O WIFE (h~ei~"~w~"}a~d~o~g=~ BENEFICIAL CONS~ER DISCOUNT CO~Y DIBIA BENEFICIAL ~RTGAGE CO OF PENNSYLVANIA p ~mti~ ~g~ ~d e~g un~ ~e ]a~ of PENNSYLV~ I A , 4010 CARLISLE PIKE, SUITE 104. MECHANICSBURG. PA 1~060 : ~e followinl pa~aph pr~eded by a choked box ts appli~ble. JANUARY 25. 2001 ' ~ .... ' i~lm~ of pfinci~ ~ in~, incl~ing ~y ~j~men~ to ~e amount of ~y~m ra~ is variable, wi~ the ~la~ of ~e i~6bt~n~, ff not ~n~ ~id, d~'and ~yable on JANUARY. 25, 2oat ~' ,.' . . ~f ~ may ~ adv~c~ ~t ~ ~w~'s Revolving ~n A~m~t ~. and e~o~ and ~w~s ~f {h~n 'Note*}, ~viding f~ m~tMy i~lm~, a~ inte~ at ~c ~te and TO 8~ to ~n~ the ~ym~t of (1) ~e indeb~n~.ovid~c~ by ~e No~, with int~ ~n, incl~i~ ~y i~ if ~e ~n~ ra~ is va~aMe; (2) futu~ advan~ ~r any Re~Ivlng ~an ~t; ~e ~ym~t of all oth~ ~, wk~ in~-~ ~n,.ad~ ~ a~r~ h~ith to 1~ in ~e ~un~ of C~BERLAN~ ' '" Commonw~ of P~yiv~r , . ALL THAT CERTAIN PROPERTY SI~ATEO IN THEBOROUOH OF LEUOYN~ IN THE CO~TY OF C~ERL~D AND ~O~EALTH OF ' ' , PENNSYLVANIA, BEINO MORE FULLY DE~RIBED IN A DEED DATED ' .: ..;,.... RECORDEO 08/22t1~, ~ONO TH~ LANO RE'CORDS '1' "' ' 0B/211 l~gO ANO OF THE CO~TY AND STATE $ET-FORTH ABOVE, IN DE. ED VOL~E.S~4 ~O PAOE g~. TAX ~P OR PARCEL ID NO.: 12-23-0543-043 . . ..~ ~ ~.. , xt?iOli2515g~OOOP~Ol~l~~ ~ ~lOl~ ' '" · ; 112. No}ice. Except for. any notice requ|red under ·ppllcable law to bo given in another msnn~r, ia) atly notice to. ".~..rrowcc .provld. ed t~or in this Motto. ge shall bo I~ve.n b.y dell. v. ei'ing i~,o.r by. m. al!in~.uc_.h_, · ad'dres~ to Borrower ·t the Property Addre~ or at ~1~ other aoares~ ~-~ .l~orrower m~y o .~na~ .provlaed herein, and (b) any nog.co .to Lend,er.shall be glv. c0 by._certi~i~il~, m.ai.l.io, l~.n .d~/'~ .addr~...sta. t .ed .h. er..el,' :n. or. t.o.s~ch otheq addre~ as Lcn .d~ may das.ig.nate by ngtic~ to Bor. rower as..pr~, Ld..~..herein, .,Mly. n?t ¢?.1~?..~ a ..eolor in. T.m.s tv~.orr~aga ,shall be deemed to have ~ Slven to Borrowsr or ~ when pyen tn ~e .~..~n~Z..-f,.~a~ ner~. n.; --, .. ,,, .; .. '. 13. (~(~verning L.~w; tevcrabillty..3'he .state ·nd [.oc~. laws apphcaole;to this btort~aga snail ~o ~e taws o~ mc ~isdlc~ion' ~1 .which the Property is, .oca~l.. The forego, m, sentence eh~l., l .not hm,t.?.e ,pl~._!cahil~yca~[ Mort2aga. in the evemt that any provlst on or cl·~_~?_, of thi.'s Mortgag? or the biota 0onlticts w~xn sppil ~le , shall not affect other prov?.'ons o! .t~i. '.s Mortgage or tl}e Note which can .be'gl .van '~fect with.o? the a.n.d to thi.s e.nd.the provls~ons of this Mortga~ ·.nd the Note are ~ctafod to bo , e~oenses* and -attorneys' less* include all sums to the extent not prohlbltod by appllcable law or limited h~'~i~ . · v~-{ 4. h~;rrower's Copy. Bo .rrower shall be fumlshed · c°nrormed c°py °f. the N°te and °~.thls.M°rtgage st the tim. e °~ execution ~r dt~r recordation hereof. I$. Reh·bllitation Loan Aerecment. Borrower shall fulfill all of Borrower's obligations under any home rehabillution,, improvement, repair, or other loan agreernent which Borrower enters into with Lender. Lender, at .... ~ts, ~i.alms or defo'i~sc~ w'hich* .l~-t~wc~ may have ·~ainst partle~ who supply .labor, ~nsterlals or services in condition with improvements made to the Property 16. Tr·nsfer of tho Property. If Borrower sells or transfers ail or any part of tho Pro~y or aninterest therein, · . ex~tudln~ (a) the creation o! a llen or encumbrence subordinate to ~_b!~ Mortgage, (b) a transfer by devil., descent, or by operatlon of la~ upon the death of a ~olnt tons nt, (c) the grant of any I essshold inter .clst of thre~ yesrs or ! ess not containing · an option to purchase, (d) the creagon of a tmrchase money s~curlty interest for hottsshold appliances, relative resulting from the death of · Borrower, (f) a transfer where tbe spouse or children of the Borrower .beoome an owner o! th~ property, (g) a tnulnfer resulting from · decree of dissolution of marrlaga, legal separation~a~recment, or from.an incidental property settlement agreement, by which the'spouse o! the Borrower becomes a~...owner of the p. mlmrty, (h) a transrm!',into an inter vivos crust in which tho..Borrow.er is ·nd .re·al ,ns. a b~...efic~.ary ' r~late ~o a transf& el rlshts of occupancy in ihs prol:~rty, or ii) say other transfer or ampere,on aescnee~ in regmauons prescribed by the Federal Home Loan Bank Board, Borrower shall cause to bo submitted information required by Lender to evaluate the transferee ss if a raw loan were bolng made to the transferal. Borrower will contino~ to be obllgated under the N~te and this Mortgaga unless Lender releases Borrower in writing. · If Lender does not agrce to such sale or tran~er, [.coder may declare ail el the s~ms secured by this Mortgage to be immediately duc a~d payable. If.Lender exercises such option lo accelerate, Lender ghall .mall Borrower notice of da~e the notice is mailed or deft voted wlthln which Borrower may p~. ~bo ~urns .a. eclare~, at~. g..Bor~ war init· .~o pe.y sums prior to the expiration o~ ·0oh pm-led, Lender may, wttho~It f~t~-r notice or ocmana on ~orrower, mvo~c any remedies permitted by par~raph 17 hereof. NON-UNIFORM COV~ANTS. Borrower ·nd Lender further oovenant and ague as follows: !7. Acceleration; Remedies. lgxc~pt es provided in para[r·ph 16 hereOf, upon Borrower's breach of any covenant or s~recment 9f Borrower in this Mort~ge, includlug the covenants to lay when duo say sums ' *~sccared by*th'Is'Mio'Pt'igge,'L~nd~r P'rl6r*tS'a'~-~-~!~'z~'tl°~sh~ill [iv'e'h6ti~'tb'Bb-rroief'a'~rovid~l'ih per~ralSh ' ' 12 hereof speclfyin~. ( I ) th~ breach; (2) the ·etlon required to cure such breaoh;' O) a date, not I~sa thau 30 days from' Ihs date the notice is mailed to Borrower, by which stroh breach must be cured; and (4) that fall .ute to cure such breach on or before the date specified in thc notice may result in ·camlcrstion of the sums s~cured by this MortSage; foreclo'surc-by iudiciel proceeding, sad asl~ of the Property. The notic~ shell further iai'ora Borrower of the rl]ht to reinstate after acceleration e~!d thc rilht to es·crt in the ferule·ucc pr _c-,c~__din[ the nonexistence of · default or any other de!ease o! Borrower to eccelcrsIjon end for~lesure. If the brc~ch is not cured on or before the &ts specified in thc aeries, Lender, ~t lander's option, may declare nil o~ the sums a~ured by this Mortgage to tm lamed.lately dim and payable without further demand and may foreclose this Mortgage by judicial proceeding. Leader shall bc ~ntitlcd to oollect in such proc~edin[ all expenses o! foreclosure, including, but not limited to, rna·on·bls ettornnys' fees and costs el* documentary eviden .ce, ab·triers and title reports. · PA001184 01-07-00 MTG ." .i' # 177017258593141'(}9000P~CiO 12840~C,~ · t .... the sums by this Mortgasc clue 18. _l~orrower's Right to l~ei~iststi. N6tw[th~[ndlng Leti~ler's a~l~a~on b[ to ~w~s br~h, ~ower s~! h~ve ~e g~ht to ~vo any ~in~ ~n by M~gage ~i~n~n~ .at any time ~[or-~ ~Y of a i~m~ e~o~n~ ~is Mo~go ~ gl sums which.wo~ld ~ ~ d~ und~ tMs Moatat~ and the No~ had no ~el~tion ~u~; (.b) ~ ~w~ or a~m~ of ~wcr ~n~n~ in ~is. Mo~gage; (c) ~o~ower c~ ~l'.br~ch~-of ~Y o.' ~ --., --~-- ,- ~d~n- the ~ve~ and a~m~ o~ ~o~ *-:~ in ~s M~, anu u~ ~ ....... ~ ~-;; ~ --'- -'-~ -~-:on ~ ~ may not llm[~ to, ~me slw~l~ .~, - - ~ ~t the li~ of tMs Mo~e, ~'s int~ in ~e Pm~y ~ ~owe~s obliiagon w ~y the su~ ~u~ by t~ Yo~ga~ s~ll ~fin~ unimog. U~h s~h ~t ~d c~.by ~w~, lMs Yo~gage and ~e o~ipfiom ~ h~eby ~ll ~n in full fo~ and eff~ ~ if ~ a~ti~ ~d 19. Assistant of Rents; Ap~ohtment of Receive. ~ a~/~o~l ~d~ herod--, ~ow~ h~eby ~ to ~d~ ~b ~ of ~ P~, P~ ~at ~w~ ~1, prior to awel~afion un~ ~graph h~f, in a~n~t of ~e ~o~Y, ~ve ~e Hght lo ~11~ ~d ~n ~h mn~ ~ they ~ome d~ ~d ~ble. · -- ' 'e~[ or a~ndonm~t of the P~Y, ~nd~ s~l ~ ~fifl~.to have lI~n ~e~fion unaeri~ i u . · '-- -~ --~ m~a~ the ~ro~ ~d --r- . t~:'~ ~, ~6.~o~ u~ ~ e~ ~' '~" ..... t'o[ the a ~el.v~a~t~"~ a cou~ to ~._ ~ ~,- ~ll~ b* the ~eiv~ shall ~ spph~ of ~e Pro~ includm~ th~ ~ ~ ~ of m~t of ~e Pr~ and col[~fi~ of r~, incl~nS, but not llmit~ to, ~v~'s ~iums on ~v~'s ~ a~ re~nable atmme~s' [~, ~d then to ~e ~ms ~ b~ r~gY~ s~[ ~ liable to a~unt o~x for th~ ~n~ acl~l~ ' ~w~. ~w~ s~ll ~y all ~ o~ r~r~U~,.~.. ~..__~,..a exemo~on in ~ P~ ~d~ ' 21. Waiver of ~om~stoaa. ~v- ~m or ~ law. · 22. Interest Rate After ludlment. ~w~ aF~ the intent ~te ~ble after a the No~ or in an a~ion of mo~g~ for~l~ s~ll ~ ~e ~te ~ in ~e Note. 01-07-00 MI'G iilIiIIIlillIgIlllIlIIIlIEIllll N 177017258593MT09000PAOQ 12850Ky, C,~ N 6R~INAL · '. · PA0012~5 · - REQUES'~' POP. NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed 6[ trust or other encumbrance wlth a Ilea which has priority ore? this Mortgage to glve Notice t~ Lender. at Leader's addre~ set forth o~ page one of this Mortgage. of any de, fault under tho SUl~ior cncumbranco and o[ any sale or othor foteclosurc action· ~JO~ C~ROW JR · -Borrowot SUSAN CARROW I horeby certify that tho precise addre~ .o[ ~ho Leader (Morgan) i~ 6910 C~,TgL~ PIKE. SUITE 106 ~ ~alf of ~c ~der. By: DO~A A ~ATET.T.~COT,T.TNfi Tifl~ COMMONWEALTH OF PENNSYLVANIA, LE~N Co~ty.~ I, ~A A ~LLO~OLLINS , a No.fy Pu~ic in ~ for'~id co~ty and ~, do ~by Oiv~ ~&r my h~d and official ~1, ~s ~5~ ~y of J~Y" , ~ Ol . SHERIFF'S RETURN - CASE NO: 2001-06609 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS CARROW JOHN JR ET AL REGULAR BRIAN BARRICK ' cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon CARROW JOHN JR Sheriff or Deputy Sheriff of who being duly sworn according to law, the DEFENDANT , at 1625:00 HOURS, on the 10th day of May at 506 WALTON CIRCLE LEMOYNE, PA 17043 POSTED PROPERTY AT 506 WALTON a true and attested copy of COMPLAINT - MORT FORE , 2002 by handing to CIRCLE LEMOYNE, PA together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Posting 6.00 Surcharge 10.00 .00 45.04 Sworn and Subscribed to before me this /'f ~ day of ! ~5~bthonotary So Answers: R. Thomas Kline 05/13/2002 /// MCCABE WEISBERG~CONWAY ! ! Deputy Sheri McCABE, WEISBERGAND CONW]%Y, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification ~mher 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL : MORTGAGE COMPANY OF PENNSYLVANIA : V. : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLANE COURT OF C( NUMBER 01-( ~tFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND : Terrence J. McCabe, Esquire, being duly swo] law, deposes and says that the following is true the best of his knowledge and belief: 1. That he is counsel for the above-named 2. That on May 13, 2002, per the attached Plaintiff served a true and correct copy of the Mortgage Foreclosure upon the Defendant, John Ca regular mail, certificate of mailing and certifi( receipt requested, addressed to his last-known ac Walton Court, Lemoyne, PA 17043. True and corre( letter, certificate of mailing, and certified re( attached hereto, made a part hereof, and marked 3. That on May 10, 2002, per the attached ~or Plaintiff COUNTY ~MMON PLEAS 1609 Civil Term 'n according to and correct to Plaintiff; Court Order, omplaint in row, Jr., by d mail, return dress of 506 t copies of the eipt, are s Exhibit "A." Court Order, Plaintiff served a true and correct copy of the ~omplaint in Mortgage Foreclosure upon the Defendant, John Caz posting the same at the mortgaged premises of 50~ Lemoyne, PA 17043. A true and correct copy of t~ Return of Service is attached hereto, made a part marked as Exhibit "B." 4. That on May 24, 2002, in accordance wit Court Order, Plaintiff served a true and correct Notice of the filing of the Complaint in Mortgage upon the Defendant, John Carrow, Jr., through pub Cumberland Law Journal. A true and correct copy Publication indicating the same is attached heret hereof, and marked Exhibit "C." 5. That on May 17, 2002, in accordance wit Court Order, Plaintiff served a true and correct Notice of the filing of the Complaint in Mortgage upon the Defendant, John Carrow, Jr., through pub Sentinel. A true and correct copy of the Proof o indicating the same is attached hereto, made a pa marked Exhibit "D." SWORN TO AND SUBSCRIBED BEFORE ME THIS//~-~ DAY OF ~6~-- , 2002. NOTARY PUBLIC TERRE~CE J. McCABE, row, Jr., by Walton Court, e Sheriff's hereof, and h the attached copy of the Foreclosure lication in the of the Proof of o, made a part h the attached gopy of the Foreclosure [ication in The Publication t hereof, and ~SQUIRE .Y Mc~E, WEISBERG A/~D CO.Ay, P.C. BY: TERRENCE j. McCABE, ESQUIP. E Identification N%u~ber 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : v. : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAN COURT OF NUMBER 01. AME ND E D ORDER the Plaintiff is granted leave to serve the Compl~ Foreclosure and all other subsequent pleadings th~ personal service ~-~ ~ .... tiro of qb~f,9 ~_r Defendant, John Carrow, Jr., by regular mail and k mail, return receipt requested, by posting at last-known address and the mortgaged premises know herein action as 506 Walton Court, Lemoyne, PA 170 Jo COUNTY OMMON PLEAS 6609 Civil Term , 2002, ~int in Mortgage t require upon the y certified ~.~ the Defendant, s in this o TERRENCE J. McCABE*** MARC S. WEISBERG** EDWARD D. CONWAY MARGARET GAIRO RITA C. BUSCHER** LISA L. WALLACE+'[' MATTHEW B. WEISBERG* BETH L. THOMAS FRANK DUBIN BRENDA L. BROGDON* NICOLE M. CARDIELLO~ LAW OFFICES ~ MeCABE, WEISBERG & CONWAY, P.Ci SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 May 13, 2002 John Carrow, Jr. 506 Walton Court Lemoyne, PA 17043 Re: Beneficial Consumer Discount Company d/b/a Beneficia PA v. John Carrow, Jr. and Susan Carrow Cumberland Count; Court of Common Pleas; Number 01 Dear Mr. Carrow: Enclosed please find a tree and correct copy of Complaint in Mol original of which has been filed against you in regard to the above-captic Very truly yours, TERRENCEJ. Mc TJM/mh Enclosures SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7001 2510 0008 5228 2955 RETURN RECEIPT REQUESTED SUITE 600 216 HAl)DON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 503 53 WEST 36TM STREET NEW YORK, NY 10018 (917) 351-1188 FAX (917) 351-0363 Of Counsel: M. SUSAN SHEPPARD* Mortgage Company of .6609 Civil Term tgage Foreclosure, the ned matter. ~ABE IBIT "A' ~62 e22~ 9000 0~2 ~00L SHERIFF' S RETURN - REGULAR CASE NO: 2001-06609 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS C~RROW JOHN JR ET AL BRIAN BARRICK , Sheriff or Deputy Cumberland County, Pennsylvania, who being duly sw, says, the within COMPLAINT - MORT FORE was se CARROW JOHN JR DEFENDANT , at 1625:00 HOURS, on the 10th Sheriff of )rn according to law, _~ved upon the of May , 2002 at 506 WALTON CIRCLE LEMOYNE, PA 17043 POSTED PROPERTY AT 506 WALTON by handling to CIRCLE LEMOYNE, PA a true and attested copy of COMPLAINT - MORT FORE and at the same time directing Her attention to t~ Sheriff's Costs: Docketing 18.00 Service 11.04 Posting 6.00 Surcharge 10.00 .00 So Answers: R. Thomas Kline together with contents thereof. · 45.04 05/13/2002 JJ // sWorn and Subscribed to before' By. ~ ' me this day of Depute'Sheriff __ ' ~ . A.D. : : .- 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 : 55. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Jour~ and State aforesaid, being duly sworn, according to law, deposes and says tha Law Journal, a legal periodical published in the Borough of Carlisle in the Co aforesaid, was established January 2, 1952, and designated by the local courts periodical for the publication of all legal notices, and has, since January 2, 19: issued weekly in the said County, and that the printed notice or publication a' exactly the same as was printed in the regular editions and issues of the said ~ Journal on the following dates, Viz MAY 24,2002 Affiant further deposes that he is authorized to verify this statement b, Law Journal, a legal periodical of general circulation, and that he is not interes matter of the aforesaid notice or advertisement, and that all allegations in the fi statements as to time, place and character of publication are SWORN TO AND SUBSCRIBEI 24 day of MAY 2002 ml, of the County :the Cumberland anty and State as the official legal ;2, been regularly ached hereto is umberland Law the Cumberland ~ed in the subject )regoing tor ~ before me this CUMBERLAND L/kW JOURNAL NOTICE Cumberland County Court of Common Pleas Number 01-6609 Civil Term BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE COMPANY OF PA JOHN CARROW, JR. and SUSAN CARROW TO: John Carrow, Jr. TYPE OF ACTION: CML ACTION/ COMPLAINT IN MORTGAGE FORECLOSURE PREMISES SUBJECT TO FORE- CLOSURE: 506 Walton Court, Lemoyne, PA 17043 NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are wazned that if you fail to do so the case may proceed without you and a Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- T~CE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAYWER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COU] BAR A~SOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 McCABE, WEISBER£ AND CONWAY. P.C. TERRENCE J. McCAI~ ESQUIRE Identification Number Attorneys for Plaintiff First Union Bnildin 122 South Broad S Suite 2080 Philadelphia, PA l~c (215) 790-1010 16496 ~eet 109 May 24 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager ¢ ,f THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, wa~s established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said Cou lty, and that the printed notice .or publication attached hereto is exactly the same as was printed and publist ed in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication MOCABE, WEISBERG AND CONWAY, P.C; BY: TERRENCE d. M¢CABE, ESQUIRE Attorney for Plaintiff · identffloation~ N~m her .16496 . *First I;Jniqn BUilding 123 ~outfi BrOad 8trent, Suite ~ Phil&delphic, Pennsylvania 19109 (2;S) 790-1010 BENEFICiAl.: CONSUMER OlSCOUI~T CUMBERLAND COUNTY COMPANYd/b/a BENEFICIAL MORTGAGE : COURT OF COMMON PLEAS COMPANY OF PA JOHN CARROW. ' and SUSAN.CARRow : NUaBERO1-6609CivilTerm tter of the afo TO: JohnCerrow;'Jr and that all al TYPE OF ACTION~ CIVIL ACTION/COMPLAINT IN MORTGAGE FORECLOSURE ment as to tin PREMISES SUBJECT TO FORECLOSURE: 506Walton Court NOTI' EC Lemoyne,. PA 17043 Iretrue. If you wish to defend, you must enter a written appeare~nce personally or by attorney and file your defenses or objections in writing with'the court. You are war~ed ths~t1if you fail {o do so the case may proceed without you and a judgment Ray be entered ageinst Y°u without further notice for the re~ief requested bY the Plaintiff* You may lose money or property or other rights importaffi to y~u. , ~ ~.~ YOU SHOULD TAKETH S NOTICE TO YOUR LAW~E R AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE; GO TO OR TELEPHONE THE OFF!CE)SET FORTH BELOW TO FIND QUT WRERE YOU CAN GET LEGAL HELP· May 22, 2~ CUMBERLAND COUNTY B~,R ASSOCIATION 2 LIBER'P( AVENUE CARL/BEE,PA 17013 · (717) 249,~166 (8oo) 9~0-9~ 08 May 17, 2 )02 deposes that te is not interested in esaid notice or legations in the ~e, place and character )02 owur;i [u u;iu udbscribed be' day of May My commission expires: 'NOTARIAL SEAL SHIRLEY O. DURNIN, Notar/Public . Cac~.I~ o., Cumberland Countv My ission Ex~ires Aug. g, 2003 ~re me this 22nd ,2002. Notary Public EXHIBIT "O" McCABE, WEISBERG ~ CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Co : d/b/a Beneficial Mortgage Co of PA : John Carrow, Susan Carrow Jr. and CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest TOTAL AND NOW, from 11/2/01-8/2/02 this,2m~ay of AUGUST, $ 139,245.32 $ 11,875.50 $ 151,120.82 TERRENf~E J. McCABE, ESQUIRE 2002, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA and against Defendant John Carrow, Jr. and Susan Carrow and damages are assessed in the amount of $151,120.82, plus interest and costs. BY THE PROTHONOTARY~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: John Carrow, Jr 506 Walton Court Lemoyne, Pa 17043 Beneficial Consumer Discount Co : d/b/a Beneficial Mortgage Co of PA : John Carrow, Jr. and : Susan Carrow : CUMBERLAND COUNTY COURT OF COMMON PLEAS NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proce~nd_ica~e~below. Curtis R. Long~/ Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at {215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Susan Carrow 1420F Bradley Drive Carlisle, Pa 17013 Beneficial Consumer Discount Co : d/b/a Beneficial Mortgage Co of PA : John Carrow, Jr. and : Susan Carrow : CUMBERLAND COUNTY COURT OF COMMON PLEAS NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated ~low. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE .Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of PA John Carrow, Jr. and Susan Carrow Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of attached hereto and marked Exhibit SWORN TO AND SUBSCRIBED BEFORE ME THIS 2nd DAY OF AUGUST, 2002. Civil Procedure No. 237.1 is TERRF~CE ~. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE · Identification Nua~ber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co : d/b/a Beneficial Mortgage Co of PA : John Carrow, Susan Carrow Jr. and Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term AFFIDAVIT OF NON-MILITARY SERVICR years of age, and resides 17013. COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA : The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, John Carrow, Jr., is over eighteen (18) years of age, and resides at 506 Walton Court Lemoyne, Pa 17043 and Susan Carrow, is over eighteen (18) at 1420F Bradley Drive, Carlisle, Pa SWORN TO AND SUBSCRIBED BEFORE ME THIS 2nd DAY OF AUGUST, 2002. TERREN~ J McCABE, ESQUIRE Attorne~y fgr Plaintiff VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRE~E J. McCABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary June 18, 2002 To: John Carrow, Jr. 506 Walton Court Lemoyne, PA 17043 BENEFICIAL CONSLTMER DISCOb-NT COMPANY D/B/A BENEFICIAL MORTGAGE COMPANY OF PA JOHN CARROW, JR. A_ND SUSAN CARROW CUMBERLkND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You are in default because you have failed to enter a written appearance personally or by attorney and file in writin9 with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Usted se encuentra en estado de rebeldia por no haber presentado una comparecencia escrita, ya sea personalmente o por abogado y por no haber radicado por escrito con este Tribunal sus defensas u objeciones a los reclamos formulados en contra suyo. Al no romar la accion debida dentro de diez (10) dias de la fecha de esta notificacion, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe I[evar esta notificacion a un abogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente para ta[ servicio, vaya en persona o [lame por telefono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Court Administrator Court Administrator Cumberland County Courthouse Cumberland County Courthouse Carlisle, PA 17013 Carlis[e, PA 17013 (717) 240-6200 (717) 240-6200 If you have any questions concerning this notice, Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone n%unber: (215) 790-1010 TJM/cc please call EXHIBIT OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 LAWRENCE E. WELKER Prothonotary June 18, 2002 To: Susan Carrow 1420F Bradley Drive Apartment 112 Carlisle, PA 17013 BENEFICIAL CONSUMER DISCOUNT : COMPANY D/B/A BENEFICIAL : MORTGAGE COMPANY OF PA : JOHN CARROW, JR. AND : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term NOTICE, RULE 237.5 NOTICE OF P~AECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days fr~ the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal he[p: Court Administrator Cun~berland County Courthouse Car[is[e, PA 17013 (717) 240-6200 If you have any questions TJM/cc Usted se encuentra en estado de rebe[dia por no haber presentado una comparecencia escrita, ya sea personalmente o pot abogado y por no haber radicado por escrito con este Tribunal sus defensas u objeciones a los reclamos formu[ados en contra suyo. Al no tomar la accion debida dentro de diez (10) dias de la fecha de esta notificacion, el Tribunal podra, contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notificacion a un abogado inmediatamente. Si usted no tiene abogado, o si no tiene dinero o llame por telefono a la oficina, nombrada legal. Court Administrator Carlisle, PA 17013 (717) 240-6200 concerning this notice, Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 please call: EXHIBIT "K' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 01-6609 Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of A/~OUNT DUE: $151,120.82 PA v. INTEREST: from 11/2/01-8/2/02 John Carrow, Susan Carrow Jr. and 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} 506 Walton Court Lemoyne, Pa 17043 (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: August 2, 2002 Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street, Suite Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 2080 BEING know as 506 Walton Court Lemoyne, Pa 17043. TAX MAP PARCEL NUMBER: 12-23-0543-047 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE · Identification N%unber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of PA Vo John Carrow, Jr. and Susan Carrow Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ copy of the description of marked Exhibit "A." 1. of Execution was filed the following real property located at 506 Walton said property is Name and address of Owner(s) Name John Carrow, Jr. Susan Carrow 2. Name and address Name John Carrow, Jr. Susan Carrow 3. Name and last whose information concerning the Court Lemoyne, Pa 17043, a attached hereto and or Reputed Owner(s): Address 506 Walton Court Lemoyne, Pa 17043 1420F Bradley Drive Carlisle, Pa 17013 of Defendant(s) in the judgment: Address 506 Walton Court Lemoyne, Pa 17043 1420F Bradley Drive, Carlisle, Pa 17013 judgment is Name known address of every judgment creditor a record lien on the real property to be sold: Address Plaintiff herein. 4. Name and address of the mortgage of record: Name Plaintiff herein. Beneficial Mortgage Co, D/b/a Beneficial Mortgage Co of pa last recorded holder of every Address 4910 Carlisle Pike Ste 14 Mechanicsburg, Pa 17050 A/ND 961 Weigel Drive, P.O. Box 8604 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants (s) /Occupant (s) 506 Walton Court Lemoyne, Pa 17043 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 Commonwealth of Pa Department of Welfare P.O. Box 2675 Harrisburg, Pa 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August 2, 2002 DATE Attorney for Plaintiff BEING know as 506 Walton Court Lemoyne, Pa 17043. TAX MAP PARCEL NUMBER: 12-23-0543-047 ~McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co : d/b/a Beneficial Mortgage Co of PA : Vo John Carrow, Susan Carrow Jr. and Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY John Carrow, Jr. 506 Walton Court Lemoyne, Pa 17043 Your house (real estate) at 506 Walton Court Lemoyne, Pa 17043 more fully described as attached) is scheduled to be sold at Sheriff's Sale on DECEMBER 4, 2002 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 $151,120.82 obtained by Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU I-IAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3 o The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COD'NTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COI/NTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MeCABE, ESQUIRE Identification Number 16496 Fir~.t Union Building '123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co : d/b/a Beneficial Mortgage Co of PA : John Carrow, Susan Carrow Jr. and Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : NUMBER 01-6609 Civil Term TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Susan Carrow 1420F Bradley Drive Carlisle, Pa 17013 Your house (real estate) at 506 Walton Court Lemoyne, Pa 17043 more fully described as attached) is scheduled to be sold at Sheriff's Sale on DECEMBER 4, 2002 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 $ 151,120.82 obtained by Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 2 o You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You,~may need an attorney to assert your rights. The sooner you -contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J· McCabe, Esquire at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4 o 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. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7 o You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINIST~.ATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6609 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT CO D/B/A BENEFICIAL MORTGAGE CO OF PA Plaintiff (s) From JOHN CARROW, JR. AND SUSAN CARROW, 506 WALTON COURT LEMOYNE, PA 17043 (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 defandant(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 $151,120.82 Interest FROM 11/2/01 - 8/2/02 Atty's Comm % Arty Paid $179.69 Plaintiff Paid Date: SEPTEMBER 3, 2002 (Seal) REQUESTING PARTY: Name TERENCE J. MCCABE, ESQUIRE Address: 123 BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF TeIephone: 215-790-1010 Supreme Court ID No. 16496 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothon~-y Deputy McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE · Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of PA : John Carrow, Jr. and Susan Carrow Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term ~FFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 29th DAY OF OCTOBER, 2002, a true and correct copy of the Notice of Sheriff,s Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit SWORN TO AND SUBSCRIBED BEFORE ME THIS 29th DAY OF OCTOBER, 2002. Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." NOTARY PUBLIC NO'TAR AL SEAL ~_,~ o~ ?ilaoelphia ~hila. Coun~ McCABE, WEISBERG AND CON-WAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Nun~ber 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co : d/b/a Beneficial Mortgage Co of PA : Vo John Carrow, Jr. and Susan Carrow Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 506 Walton Court Lemoyne, Pa 17043, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address John Carrow, Jr. 506 Walton Court Lemoyne, Pa 17043 Susan Carrow 1420F Bradley Drive Carlisle, Pa 17013 2. Name and address of Defendant(s) in the judgment: Name Address John Carrow, Jr. 506 Walton Court Lemoyne, Pa 17043 Susan Carrow 1420F Bradley Drive, Carlisle, Pa 17013 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. EXHIBIT 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Address Beneficial Mortgage Co, D/b/a Beneficial Mortgage Co of pa 4910 Carlisle Pike Ste 14 Mechanicsburg, Pa 17050 AND 961 Weigel Drive, P.O. Box 8604 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants (s) /Occupant (s) Domestic Relations Commonwealth of Pa Address 506 Walton Court Lemoyne, Pa 17043 Cumberland County P.O. Box 320 Carlisle, PA 17015 Department of Welfare P.O. Box 2675 Harrisburg, Pa 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. October 29, 2002 DATE for Plaintiff EXHIBIT McCABE, WEISBERG AND CON-WAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of PA : John Carrow, Jr. and Susan Carrow Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term DATE: October 29, 2002 TO: ALL PARTIES IN INTEREST AND CLAIM_ANTS NOTICE OF SHERIFF'S SAL~ OF REAL PROPERi'¥ OWNER(S): John Carrow, Jr. PROPERTY: 506 Walton Court Lemoyne, Pa 17043 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff,s Sale on DECEMBER 4, 2002,at 10:00 a.m. in the Commissioner,s Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT "B" 0 ~ 0 rt 0 O0 OO mill O0 O0 0 0 1911 tJ.$.I,OSTAGE PBZ232577~ 7os4 ,00.300 oct z9 oz~ 1464 [~ 19109 lCeliv,ry ( Si ;~na::ur, 1461 U.S. POSTAGEP822~257 7094 '01.200 OCT Z9 1462 ~ 19109' F:~FILES~DATAFILE\Gendoc cur\10282-pet 4/cny Created: 11/14/02 I0:00:52AM Revised: 11/14/02 10:O8:30AM BENEFICIAL CONSUMER DISCOUNT CO D/B/A BENEFICIAL MORTGAGE CO OF PA, Plaintiff JOHN CARROW, JR. and SUSAN CARROW, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6609 CIVIL ACTION-LAW PETITION TO SPECIALLY ADVERTISE A REAL ESTATE SALE AND NOW, comes the Sheriffof Cumberland County, by and through his solicitor, Edward L. Schorpp, Esquire, who avers as follows: 1. Your Petitioner is R. Thomas Kline, the duly elected Sheriff of Cumberland County. 2. As part of his duties, the Sheriff is required to expose real property, levied under execution by judgment/mortgage creditors, for public sale under the applicable Pennsylvania Rules of Civil Procedure. 3. In addition to other notice procedures, Pa. R.C.P. No. 3129.2(d) requires the Sheriff to publish notice of each real estate sale once a week for three successive weeks in a newspaper of general circulation in the County and in the Cumberland County Law Journal, the first publication to be made not less than twenty-one (21) days before the date of sale. The next regularly scheduled Sheriff Sale is set for Wednesday, December 4, 2002, at 10:00 a.m. 5. Pursuant to Pa. R.C.P. No. 3129.2(d), the Sherifftimely provided to the Patriot-News, a newspaper of general circulation in Cumberland County, sale bill notices of all real estate to be advertised for sale at the December 4, 2002 Sheriff Sale. 6. All of the parcels of real estate scheduled for sale, were advertised in the October 22 and October 29, 2002, editions of the Patriot-News. 7. Due to inadvertence, and without any direction from the Office of the Sheriff, the Patriot-News did exclude from its edition of November 5, 2002, notices of three real estate sales, to wit, Real Estate Sale #24 (writ no. 01-4942), Real Estate Sale #25 (writ no. 01-6609), and Real Estate Sale #26 (writ no. 02-3548). 8. The real property levied upon under the within writ is one of the properties for which the third notice of sale was not published, to wit, Sheriff Sale Number 25. 9. The Office of the Sheriff was not informed of the publisher's error in time to properly cause the re-advertising of the three properties prior to the sale date; the first of the successive notices could not be published at least twenty-one days prior to the sale. 10. A postponement or other delay in exposing the parcels of real estate for sale would prejudice the Plaintiffs in Sheriff Sale Numbers 24, 25 & 26. 11. The failure to strictly comply with the sale notice procedures set forth in the Pennsylvania Rules of Civil Procedure was not caused by any of the parties to this action, nor by the Office of the Sheriff. WHEREFORE, R. Thomas Kline, Sheriff of Cumberland County, respectfully prays your Honorable Court to enter an Order directing the special advertisement of the real property, levied upon under the above writ, one additional time in the Patriot-News prior to the scheduled sale date of December 4, 2002, and to allow the Sheriff Sale to proceed accordingly. MARTSON DEARDORFF WILLIAMS & OTTO I. D. Number 17495 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: itl~ht I°% Solicitor for Sheriff of Cumberland County VERIFICATION I verify that the statements contained herein are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Dated: F:\FILES\DATAFILE\Gcndoc cur\lO282-pet 4 CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Specially Advertise A Real Estate Sale was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Terence J. McCabe, Esquire 123 Broad Street, Suite 2080 Philadelphia, PA 19109 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: BENEFICIAL CONSUMER DISCOUNT CO D/B/A BENEFICIAL MORTGAGE CO OF PA, Plaintiff JOHN CARROW, JR. and SUSAN CARROW, Defendants AND NOW, this /¥ ~ day of 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 01-6609 : CIVIL ACTION-LAW . : . ~ORDER /[/~ , 2002, the Sheriff of Cumberland County is hereby ordered to cause one additional publication of notice of the within real estate sale in the Patriot-News, which publication shall precede the Sheriff Sale scheduled for Wednesday, December 4, 2002. The Sheriffis further ordered to serve a certified copy of this Order and the within Petition upon the Defendants in the same manner as the original Writ of Execution was served, and serve copies of this Order and the within Petition by regular mail upon counsel for Plaintiff and upon all persons identified in Plaintiff's Affidavit under Pa. R.C.P. No. 3129.1. Upon compliance with the foregoing, and absent further Order of this Court, the Sheriff is directed to expose the real estate, levied upon under the within writ, for sale on December 4, 2002, according to the usual and customary terms and conditions applicable thereto. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PA JOHN CARROW, JR. AND SUSAN CARROW Attorney for Plaintiff : CUMBER.LA/ND COUNTY : COURT OF COMMON PLEAS : : : : : : : NUMBER 01-6609 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on October 21, 2002, per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John Carrow, Jr., by regular mail and certified mail, return receipt addressed to 506 Walton Court, Lemoyne, PA 17043. correct copies of the letter, certified[ return requested, True and receipt, and certificate of mailing are attached hereto, made a part hereof, and marked as Exhibit "A ." marked as Exhibit "A ." 3. That on September 9, 2002, i~L accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John Carrow, Jr., by posting the same at the mortgaged premises known as 506 Walton Circle, Lemoyne, AP 17043. A True and correct copy of Sheriff's Return of Service form indicating the same, is attached hereto, made a part hereof, and marked as Exhibit 4. That, in accordance with the attached Court Order, Notice of Sale was published by the Sheriff of Warren County once a week for three successive weeks in a newspaper of general circulation and in the designated legal paper for Warren County Pursuant to Pa.R.C.P. 3129 (d) . SWORN TO AND SUBSCRIBED BEFORE ME THIS 25tn DAY OF NOVEMBER, 2002 NOTARY PUBLIC Mc. CABE, WEISBERG AND CONWAY, P.C. BY: TERI%ENCE J. McCABE, ESQUIRE Identification ~,mher 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 APR 8 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : V. JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term AME ND E D ORD E R the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure and all other subsequent pleadings that require personal service an~ thc ~ctir~ oF ~H~riff,~ q~la upon the Defendant John Carrow, Jr by regular mail and by ' ', · . certified ~,_ mail, return receipt requested, and by posting at the Defendant's last-known address and the mortgaged premises known in this herein action as 506 Walton Court, Lemoyne, PA 17043. Jo TERRENCEJ. McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PENNSYLVANIA 19109 (215) 790-1010 FAX {215) 790-1274 SUITE 600 2! 6 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 503 53 WEST 36~ STREET NEW YORK, NY 10018 (917) 351-1188 FAX (917) 351-0363 October 21, 2002 John Carrow, Jr. 506 Walton Court Lemoyne, Pa 17043 RE: Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co of PA v. John Carrow, Jr. and Susan Carrow Cumberland County; Court of Common Pleas; Number 01-6609 Dear Mr. Carrow: Enclosed please find a true and correct copy of a Notice of Sheriff's Sale regarding the above-captioned matter. Very truly yours, TJM/lt Enclosures TERRENCE J. McCABE SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7001 2510 0008 5227 0495 RETURN RECEIPT REQUESTED {Endorsement Required) (Endomemef~t R~quired) Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co of PA VS John Carrow, Jr. and Susan Carrow In The Court of Common Pleas of Cumberland C, ounty, Pennsylvania Writ No. 2001-6609 Civil Term Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on September 09, 2002 at 12:18 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: John Carrow, Jr., by posting the premises located at 506 Walton Circle, Lemoyne, PA 17043 pursuant to court order with a tree and correct copy of the salTle. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on September 11, 2002 at 1:11 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: Susan Carrow, by making known unto Jennifer Carrow, adult daughter of defendant, at 2B Richland Lane, Apt T-7, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2002 at 2:13 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John Carrow, Jr. and Susan Carrow located at 506 Walton Circle, Lemoyne, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly swom according to law says 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: John Carrow, by regular mail to his last known address of 506 Walton Circle, Lemoyne, PA 17043. This letter was mailed under the date of October 1, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly swom according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Susan Carrow, by regular mail to her last known address of 2B Richland Lane, Apt. T-7, Camp Hill, PA 17011. This letter was mailed under the date of October 1, 2002 and never returned to the Sheriff's Office. Sworn and Subscribed to Before Me This 2002, A.D. __ Day of Prothonotary R. Thomas Kline, Sheriff Real-EState~eputy McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 BENEFICIAL CONSUMER DISCOUNT COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE JOHN CARROW, JR. AND SUSAN CARROW Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : NUMBER 01-6609 AFFIDAVIT OF SERVICE; COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is tree and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on November 25, 2002, per the attached Court Order, Plaintiff served a true and correct copy of the Petition to Specially Advertise Real Estate Sale and a certified copy of the Court's Order entered on November 14, 2002 upon the Defendant, John Carrow, Jr., by regular mail and certified mail, return receipt requested, addressed to 506 Walton Court, Lemoyne, PA 17043. True and correct copies of the letter, certified return receipt, and certificate of mailing are attached hereto, made a part hereof, and marked as Exhibit "A ." 3. That on November 19, 2002, in accordance with the attached Court Order, per Plaintiff's conversation with Jody of the Cumberland County Sheriff' s Office, Plaintiff served a true and correct copy of the Petition to Specially Advertise Real Estate Sale and a certified copy of the Court's Order entered on November 14, 2002 upon the Defendant, John Carrow, Jr., by posting the same at the mortgaged premises known as 506 Walton Court, Lemoyne, PA 17043. SWORN TO AND SUBSCRIBED BEFORE ME THIS 26th DAY OF NOVEMBER, 2002 (~ OTAFIIAL SEAL I ' N NOTARY PUBLIC VE~ ULZINOW, Notary Pub ic I ! 0i!y of PhJladell~hJa, Phila. Counltt I BENEFICIAL CONSUMER DISCOUNT CO D/B/A BENEFICIAL MORTGAGE CO OF PA, Plaintiff JOHN CARROW, JR. and SUSAN CARROW, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6609 CIVIL ACTION-LAW : : : : ORDER AND NOW, this ]'9'l!x day of ~m~t~002, the Sheriff of Cumberland County is hereby ordered to cause one additional publication of notice .of the within real estate sale in the Patriot-News, which publication shall precede the SheriffS ale scheduled for Wednesday, December 4, 2002. The Sheriff is further ordered to serve a certified copy 0fthis Order and the within Petition upon the Defendants in the same manner as the original Writ of Execution was served, and serve copies of this Order and the within Petition by regular mail upon counsel for Plaintiff and upon all persons identified in Plaintiff's Affidavit under Pa. R.C.P. No. 3129.1· Upon compliance with the foregoing, and absent further Order of this Court, the Sheriff is directed to expose the real estate, levied upon under the within writ, for sale on December 4, 2002, according to the usual and customary terms and conditions applicable thereto. J. TRUE COPY FROM RECORD ?estime~y whereo~, I here unto set my ha~ TERRENCE J. McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 FIRST UNION BUILDING 123 SOUTH BROAD STREET PHILADELPHIA, PENNSYLVANIA 19109 (215) 790-1010 FAX (215) 790-1274 SUITE 600 216 HADDON A VEN UE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 1503 52 VANDERBILT AVENUE NEW YORK, NY 10017 (212) 697-0011 FAX (212) 953-0986 John Carrow, Jr. 506 Walton Court Lemoyne, PA 17043 November 25, 2002 RE: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA. v. John Carrow, Jr., and Susan Carrow Cumberland County, Court of Common Pleas, Number 01-6609 Dear Mr. Carrow: Enclosed please find a Petition to Specially Advertise Real Estate Sale and a certified copy of the Court's Order entered on November 14, 2002 relative to the above-captioned matter. Very truly yours, TERRENCE J. McCABE TJM/st Enclosure SENT VIA REGULAR MAIL AND CERTIFIED MAIL NO. 7002-0860-0002-4490-5063 RETURN RECEIPT REQUESTED M~CABE, ~-EISBERG ~ CON~WAy, P.C. BY: TER/{ENCE J. McCA-BE, ESQUIRE Identification N%unber 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : COMPANY d/b/a BENEFICIAL MORTGAGE: COMPANY OF PA : v. : JOHN CARROW, JR. : and : SUSAN CARROW : CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term AME NDE D ORD E R AND NOW, this ~ ~ day of ~.~'~ , 2002, the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure and all other subsequent pleadings that require personal service ~-~ ~ ..... ~oo of Sh~r~ff,~ ~!c upon the Defendant, John Carrow, Jr., by regular mail and by certified,~ ~, mail, return receipt requested, by posting at the Defendant's last-known address and the mortgaged premises known in this herein action as 506 Walton Court, Lemoyne, PA 17043. COMMONWEALTH OF PENNSYLVANIA -~ COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Beneficial C D C dba Beneficial Mtg Co of Pa is the grantee the same having been sold to said grantee on the 4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the 3rd day of Sept, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 6609, at the suit of Beneficial C D C dba Beneficial Mtg co of Pa against John Carrow Jr & susan is duly recorded in Sheriff's Deed Book No. 255, Page 2795. and seal of said office this , A.D. 200~3 IN TESTIMONY WHEREOF, I have hereunto set my hand day of Recorder of Deeds Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co of PA VS John Carrow, Jr. and Susan Carrow In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6609 Civil Temt Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on September 09, 2002 at 12:18 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: John Carrow, Jr., by posting the premises located at 506 Walton Circle, Lemoyne, PA 17043 pursuant to court order with a true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on September 11, 2002 at 1:11 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: Susan Carrow, by making known unto Jennifer Carrow, adult daughter of defendant, at 2B Richland Lane, Apt T-7, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2002 at 2:13 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John Carrow, Jr. and Susan Carrow located at 506 Walton Circle, Lemoyne, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: John Carrow, by regular mail to his last known address of 506 Walton Circle, Lemoyne, PA 17043. This letter was mailed under the date of October 1, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Susan Carrow, by regular mail to her last known address of 2B Richland Lane, Apt. T-7, Camp Hill, PA 17011. This letter was mailed under the date of October 1, 2002 and never returned to the Sheriff's 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, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania on December 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $91,400.00 to Attorney Terrence McCabe for Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of PA. It being the highest bid and best price received for the same, Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of PA of P.O. Box 8621, Elmhurst, IL 60126, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $10,140.00. Sheriffs Costs: Docketing 30.00 Poundage 1828.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 31.74 Certified Mail 3.55 Levy 15.00 Surcharge 30.00 Posting 6.00 Law Journal 256.10 Patriot News 193.75 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $2556.34 Sworn and Subscribed to Before Me This 5 ~ Day of '~'~ //P~/othonotary So Answers: ,, R. Thomas Kline, Sheriff Real EstatL--'Depu y SCHEDULE OF DISTRIBUTION SALE NO. 25 Date Filed: December 4, 2002 Writ No. 2001-6609 Civil Term Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co. of PA VS John Carrow, Jr. and Susan Carrow 506 Walton Circle Lemoyne, PA 17043 Sale Date: Buyer: Bid Price: December 4, 2002 Attorney Terrence McCabe $91,4OO.OO Real Debt Interest Attorney Writ Costs Total: $151,120.82 179.69 $151,300.51 DISTRIBUTION Receipts: Cash on account (6/07/02) Cash on account (12/4/02) Credit Writ No. 2001-6609 $ 1,000.00 9,140.00 81,260.00 Total Receipts: $91,400.00 Disbursements: To Sheriffs Costs To Legal Search To The Borough of Lemoyne To Cumberland County Tax Claim Bureau To Attorney Terrence McCabe Credit Writ No. 2001-6609 Total Disbursement: Balance for Distribution: $2,556.34 200.00 1,081.79 4,039.98 2,261.89 81,260.00 ($91,400.00) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 25 Held Wednesday, December 4, 2002 Date: December 4, 2002 TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: Company assumes no liability for private supply of water or sewer nEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2002, and recorded ,2002, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Thomas J. Gentzel and Sherfin L. Gentzel, husband and wife, by deed dated August 21, 1990 and recorded August 22, 1990 in the Office of the Recorder of Deeds in and for Cumberland County, Carlisle, Pennsylvania, in Deed Book "S," Volume 34, Page 939, granted and conveyed to John Carrow, Jr., and Susan Carrow, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 60 feet wide Walton Court. 6. Conditions, easements and restrictions shown on or set forth on the Revised Plan of part of Chatham Village, recorded in Cumberland County Plan Book 5, Page 62. Mortgage in the amount of $125,561.00 given by John Carrow, Jr. and Susan Carrow to Beneficial Consumer Discount Company dated January 25, 2001, recorded January 26, 2001, in Mortgage Book 1666, Page 232. Complain in mortgage foreclose filed by Beneficial Consumer Discount Company doing business as Beneficial Mortgage Company of Pennsylvania in the Office of the Prothonotary of Cumberland County on November 26, 2001 to file number 2001-6609. Default judgment entered August 20, 2002 in the amount of $151,120.82. Mortgage in the amount of $7 ~500.00 given by John Carrow, Jr. and Susan Carrow to Beneficial Consumer Discount Company dated January 25,2001 recorded January 26, 2001 in Mortgage Book 1666, Page 238. 9. Delinquent real state taxes turned over to Cumberland County Tax Claim Bureau, in the amount of $2,055.59 as of the date of this report. 10. Rights granted for right-of-way for sewer line by deed dated January 15, 1951 and recorded January 15,1951 in Deed Book "P," Volume 14, Page 76. 11. Rights granted to the Bell Telephone Company of Pennsylvania by instrument recorded December 6, 1950 in Miscellaneous Record Book 95 Page 42. 12. Rights granted to the Bell Telephone Company of Pennsylvania by instrument recorded June 21, 1950 in Miscellaneous Record Book 93, Page 213. 13. Rights granted to the Bell Telephone Company of Pennsylvania by instrument recorded December 6, 1950 and recorded December 13, 1950 in Miscellaneous Record Book 95, Page 42. 14 Rights granted to the Pennsylvania Power and Light Company by instrument dated December 3, 1952 and recorded December 24, 1952 in Miscellaneous Record Book 101, Page 349. 11. Satisfactory evidence to be produced that the advertisement of of property for sale is satisfactory in spite of the absence of any reference to the improvements to the subject property. 12. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 14. Real estate taxes accruing on and after January 1,2003 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Note: ThGis' TF~t~eYh eApgoretnJhall not be ial~ until countersigned by an authorized signatory. REAL ESTATE SALE NO. 25 Writ No. 2001-6609 Civil Beneficial Consumer Discount Co., d/b/a Beneficial Mortgage Co. of PA VS. John Carrow, Jr. and Susan Carrow Atty.: Terrence McCabe ALL THAT CERTAIN tract or par- cel of land situate in the Borough of Lemoyne. CUmberland County, Penn- sylvania, bounded and described as follows: BEGINNING at a point on the east side of Wa/ton Court. at the di- viding line between Lots Nos. 1 and 2 of Plot ~A' on t_he hereina/ter men- tioned plan; thence North 62 de- grees 19 minutes East along the East side of Walton Court 23.3 feet to an iron pipe; thence northwardly on a curve to the left with a radius of 40 feet along the eastern line of Walter Court 26.7 feet to a point, said point being at the dividing line between Lots Nos. 2 and 3, Plot "A' on said plan: thence South 82 de- grees 15 minutes East along said dividing line 179.64 feet to a point; thence South 52 degrees 00 min- utes West 145 feet to a point at the dividing line between Lots Nos. 1 and 2, Plot "A' on said plan; thence North 50 degrees 46 minutes West 132.05 feet to a point on the east side of Walton Court, the place of Beginning. TAX MAP PARCEL NUMBER: 12-23-0543-047. BEING Imowas 506 Walton Court Lemoyne, PA 17043. REAL ESTATE SALE #25 ATTORNEY Terrence McCabe Advance Costs: $1,000.00 Assessed Valuation: $130,990.00 Writ No. 2001-6609 Civil Term Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co. of PA VS John Carrow, Jr. and Susan Carrow 506 Walton Circle Lemoyne, PA 17043 Real Debt: Interest from Attorney writ costs $151,120.82 179.69 Sheriff's Costs: Docketing 30.00 Poundage 1828.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 31.74 Certified Mail 3.55 Levy 15.00 Surcharge 30.00 Posting pursuant to court order 6.00 Legal Search 200.00 Law Journal 256.10 Patriot News 193.75 Share of bills 25.20 Distribution of proceeds 25.00 Sheriff' s deed 40.50 Sewer & Refuse 1,081.79 Cumberland Co Tax Claim Bureau 4,039.98 McCABE, WEISBERG AND CONWAY, ~.C, BY: TERRENCE J. McCABE, .ESQUIRE Identification Nun%ber 164.96 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co : d/b/a Beneficial Mortgage Co of PA : John Carrow, Jr. and Susan Carrow Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 506 Walton Court Lemoyne, Pa 17043, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address John Carrow, Jr. 506 Walton Court Lemoyne, Pa 17043 Susan Carrow 1420F Bradley Drive Carlisle, Pa 17013 2. Name and address of Defendant(s) in the judgment: Name Address John Carrow, Jr. 506 Walton Court Lemoyne, Pa 17043 Susan Carrow 1420F Bradley Drive, Carlisle, Pa 17013 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. Beneficial Mortgage Co, D/b/a Beneficial Mortgage Co of pa 4910 Carlisle Pike Ste 14 Mechanicsburg, Pa 17050 AND 961 Weigel Drive, P.O. Box 8604 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Addre s s None. 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants (s) /Occupant (s) 506 Walton Court Lemoyne, Pa 17043 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 Commonwealth of Pa Department of Welfare P.O. Box 2675 Harrisburg, Pa 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August 2, 2002 DATE RRENCE J. McCABE, ESQUIRE Attorney for Plaintiff BEING know as 506 Walton Court Lemoyne, Pa 17043. THAT CERTA/N TRACT OR PARCEL OF LAND SITUATE IN THE BOROUGH OF L~4OYNE, CUI~EP. LAND COUNTY, TAX MAP PARCEL NUMBER: 12-23-0543-047 McCABE, WEISBERG AND CON-WAY, P.C. ' BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 1649~6 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co : d/b/a Beneficial Mortgage Co of PA : John Carrow, Jr. and Susan Carrow Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Susan Carrow 1420F Bradley Drive Carlisle, Pa 17013 Your house (real estate) at 506 Walton Court Lemoyne, Pa 17043 fully described as attached) is scheduled to be 4, 2002 at 10:00 a.m. more sold at Sheriff's Sale on DECEMBER 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 $ 151,120.82 obtained by Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA against you. NOTICE OF OWNER'S RIGHT~ YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALR To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA the back payments, late charges, costs, and reasonable attorney,s fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2 o You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3 o The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 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 o A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WI{ERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CON-WAY, P.C. 'BY: TERRENCE J. McCABE, ESQUIRE · Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co : d/b/a Beneficial Mortgage Co of PA : John Carrow, Jr. and Susan Carrow Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 01-6609 Civil Term TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY John Carrow, Jr. 506 Walton Court Lemoyne, Pa 17043 more Sheriff's Sale Commissioner,s Hearing Room located on the Cumberland County Courthouse, 1 Courthouse Pennsylvania 17013, to enforce the court judgment of $151,120.82 obtained by Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA against you. Your house (real estate) at 506 Walton Court Lemoyne, Pa 17043 fully described as attached) is scheduled to be on DECEMBER 4, 2002 at 10:00 a.m. in sold at the 2nd Floor of the Square, Carlisle, NOTICE OF OWNER,S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA the back payments, late charges, costs, and reasonable attorney,s fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney Go assert your rights. contact one, The sooner you 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 SAT,R DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4 o If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT W'~ERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENIIE CARLISLE, PA 17013 (717) 249-3166 BEING know as 506 Walton Court Lemoyne, Pa 17043. ALL THAT CE~T~.IN T~ACT OR PA~EL OF LARD SITUATE IN THE BOROUG~ OF LE~OY1FE, C%~ERLAND COUNTy, TAX MAP PARCEL NUMBER: 12-23-0543-047 WRIT OF EXECUTION .and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6609 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT CO D/B/A BENEFICIAL MORTGAGE CO OF PA Plaintiff (s) From JOHN CARROW, JR. AND SUSAN CARROW, 506 WALTON COURT LEMOYNE, PA 17043 (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 fi:om 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 kim/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $151,120.82 Interest FROM 11/2/01 - 8/2/02 Atty's Corem % Atty Paid $179.69 Plaintiff Paid L.L. $.50 Due Prothy $1.00 Other Costs Date: SEPTEMBER 3, 2002 (Seal) REQUESTING PARTY: Name TERENCE J. MCCABE, ESQUIRE Address: 123 BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 CURTIS R. LONG Prothono~ Deputy Supreme Court ID No. 16496 Real Estate Sale # 25 On September 6, 2002 the sherifflevied upon the defendant's interest in the real property situated in Borough of Lemoyne, Cumberland County, PA known and numbered as 506 Walton Court, Lemoyne more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 6, 2002 Real Estate Deputy 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 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 25, NOVEMBER 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 ESTATE SALE NO. 25 Writ No. 2001-6609 Civil Beneficial Consumer Discount Co., d/b/a Beneficial Mortgage Co. of PA VS. John Carrow, Jr. and Susan Carrow Atty.: Terrence McCabe ALL THAT CERTAIN tract or p~Ir eel of land situate in the Borough of Lemoyne, Cumberland County, Penn- sylvania~ bounded and described as follows: BEGINNING at a point on the east side of Walton Court, at the di riding line between Lots Nos. 1 and 2 of Plot "A' on the hereinafter men tioned plan; thence North 62 de- grees 19 minutes East along the East side of Walton Court 23.3 feet to an iron pipe; thence northwardly on a curve to the left with a radiu~ Ro e~rM. Morgenthal, Editor ' SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002_ follows: BEGINNING at a point on the east side of Walton Court, at the di- viding line between Lots Nos. 1 and 2 of Plot 'A' on the hereinafter men- tioned plan; thence North 62 de- grees 19 minutes East along the East side of Walton Court 23.3 feet to an iron pipe: thence northwardly on a curve to the left with a radius of 40 feet along the eastern line of Walter Court 26.7 feet to a point, said point being at the dividing line between Lots Nos. 2 and 3, Plot 'A' on said plaI~; thence South 82 de- grees 15 minutes East along said dividing line 179.64 feet to a point; thence South 52 degrees 00 min- utes West 145 feet to a point at the dividing line between Lots Nos. 1 and 2, Plot 'A' on said plan; thence North 50 degrees 46 minutes West 132.05 feet to a point on the east side of Walton Court, the place of Beginning. TAX MAP PARCEL NUMBER: 12_23-0543-047- BEING know as 506 Walton Court Lemoyne, PA 17043. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 21st day(s) of November 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 Da~l, phi.~n Miscellaneous Book "U", Volume 14, Page 317. /// ...................... ......................................................... COPY S A L E #25 REAL E~TAI~ ~1~ IM. 25 Writ No. , B~Iel John ~, Jr. in ~ ~ ~,~, ~, P~yl~ ~ ~d folios: B~G at a ~t on ~ ~t side of W~ton ~R ~& a~of~f~g ~m/~e ~ 145 ~ ~ ~ht at ~e di~g ~e~o. , ' £ /--~ _~;'!or.'~ to ~-.qd _~'_'bSemdbed befere ~ 22nd day CNove~2002 A.D. I ~s~ ~ / -/ ~ /~ ~ms~,Da~ ~ ~/~ ~/ ~ ~~ ~/ ~~r~J~6,~ ~F ~ NO~RYCUB~IC My 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 $ 64.00 $ $ 64.00 Publisher's Receipt for Advertising Cost ~., publisher of The Patriot-News and The Sunday Patriot-New,% newspapers of general ,dge receipt of the aforesaid notice and publication costs and certifies that the same have THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th~ 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 22nd and 29th day(s) of October 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 Dauphin in Miscellaneous Book "M", PUBLICATION ...... co,v .. Te L Russell Nota~ Pu~ I~ ~/~~/~~ R~L E~ATE $A~ ~. ~ [ C~ ~ Hamsburg, Dau~ ~ i -- ' ' -- W~,~l~ ~ w~mimionEx~r~June6,~ ~ NOTARY ~UBLIC C~ ~m~,~nnsylvaniaAs~n~ My 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 $ 128.00 Probating same Notary Fee(s) $ 1.75 Total $ 129.75 , . .. Publishers Recmpt for Adverhs~ng Cost . . · publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and cavities' that the same have By ....................................................................