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Home My WebLink About04-1796 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IT- 60126 v. Mabel 1. Boyer 118 Front Street West Fairview, P A 17025 and Jerry L. Boyer 118 Front Street West Fairview, P A 17025 Attorney for Plaintiff Cumberland County Court of Common Pleas Number OLl - /79/- CioLYE:fUY1 CIVIL ACTION/MORTGAGE FORECLOSURE NOT:ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you nust take action within nenty (20) days after this carrplaint and notice are served, 1:0/ 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 judgrrent may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA TMA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue carlisle, PA, 17013 800-990~9108 AV:ISO Le haIl derrandado a usted en 1a corte. Si listed quiere defenderse de estas danandas ex:-puestas en las pagirlaS siguientes, listed tiene veinte (20) dias de plaza a1 partir de 1a fecha de 1a demanda y 1a notiticacion. Hace falta asentar una carparencia escrita 0 en persona o con I.ll1 ab:Jgado y entregar a 1a corte en forrra esed ta sus defensas 0 sus obj eciones a las dem:mdas en contra de su persona. Sea avisado que si listed no se defiende, 1a corte tarara rredidas y puede cantinuar 1a derranda. en contra suya sin previo avise 0 notificacion. Ademas, 1a corte puede decidir a favor del demandante y requiere que listed currpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 SUS propiedades U otros derechas importantes para listed. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO. V A A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGlBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IT- 60126 Cumberland County Court of Common Pleas v. Mabel 1. Boyer 118 Front Street West Fairview, P A 17025 and Jerry L. Boyer 118 Front Street West Fairview, PA 17025 Number 04 - C:,u~L~~ CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Mabel 1. Boyer, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 118 Front Street, West Fairview, PA 17025. 3. The Defendant is Jerry L. Boyer, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 118 Front Street, West Fairview, PA 17025. 4. On 08/24/2000, 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 1635. Page 409. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 118 Front Street, West Fairview, PA 17025. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/24/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 70,707.17 Interest through 04/15/2004 $ 12,392.39 (Plus $ 23.82 per diem thereafter) Attorney's Fee $ 3,535.36 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 87,184.92 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 Sheriffs 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. 9403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 P A Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $87,184.92, together with interest at the rate of $23.82 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~Q~(\~ \,m~QG.bJ TERRENCE J. ~ABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Jennifer DeMaio, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, W~'\lOO Q.f\OJ\CJ_ ~OOJ\YlC( \)~sQl1J\\~ ~f.)q, and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 FA.C.S. !i4904 relating to unsworn falsification to authorities. J"=if~~a~ ~ ~6\1{\1 r 1 ','.. ,.' .," . ".".".. :......'... ; . ,."..,....: ...~. > 713303 '0 IF BOX ADVANCES. THIS MORTGAGE is made this day 24 TH of AUGUST MABEL I. BOYER AND JERRY L. BOYER. JITIRIS I MORTGAGE I IS CHECKED. THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE 2O..QQ..' between the Mortgagor, (herein "Borrower") and Mortgagee HOUSEHOLO F I NANCE CONSUMER 0 I SCOUNT COMPANY a corporation organized and existing under the laws of 25 GATEWAY DRIVE. GATEWAY SQUAREISUITE 107. . (herein "Lender"). PENNSYLVANIA MECHANICSBURG. PA , , whose address is 17055 The following paragraph preceded by a checked box is applicable. G::J WHEREAS, Borrower is indebted to Lender in the principal sum of $ 71, 109.46 , evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement dated AUGUST 24. 2000 and any extensions or renewals thereof (herein "Note"), providing for monthly installments of principal and interest, including any adjustments to the emount of payments or the contrBct rate if that rete is veriable, with the balance of the indebtedness, if not sooner paid. due and payable on AUGUST 24. -2029 D WHEREAS, Borrower is indehted to Lender in the principal sum of $ . or so much thereof BS may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein "No;e"), providing for monthly installments, and interest at the rate 8lld under the terms specified in the Note. including any adjustments in the interest rate if that rete is variable, and providing for a credit limit stated in .the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (J) the indebtedness evidenced by the Note. with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and egreements of Borrower herein contained. Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: .ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF .WEST FAiRVIEW IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. BEING MORE FULLY DESCRIBED IN A DEED DATED 05/10/1996 AND RECORDED 06/11/1996. AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE. IN DEED VOLUME 142 AND PAGE. 5Bl. TAX ~AP OR PARCEL 10 NO.: 45-17-1044-250 , . 01-07-00 MTG PAOOl281 MB03S02A,7K9SMTG8000PAOD1281FMMBOYER FILE COpy -2- TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, eppurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and ell of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property.' Borrower covenents that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, end that the property is unencum bered, except for encum brances of record. Borrower . covenants thet Borrower warrants end will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal and Interest at Variable Rates. This mortgage secures all payments of principal and interest due on a veriable rate loan. The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Note. 2. Funds for Taxes and Insurance. Subject to applicable lew or weiver by Lender, Borrower shell pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one.welCth of yearly premium installments for hazard insurance, plus one.welfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable ~imates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extentthet Borrower makes such payments to the holder of e prior mortgage or deed of trust if such holder is an institutionellender. If Borrower paysFunds to Lender. the Funds shall be held in en institution the deposits or accounts of which ere insured or guaranteed by e Federel or state egency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, enelyzing said eccount or verifying end compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a cherge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such egreement is made or eppliceble law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was mede. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shell exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, a~ Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of'Furids. Ifthe'amount of the Funds held by Lender shell not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fell due, Borrower shell pay to Lender eny amount necessary to make up the deficiency in one or more payments. as Lender may require. Upon payment in full of all sums secured by this Mortgege, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acqui red by Lender, Lender shell apply, no later then immediately prior to the sale of the Property or its acquisition by Lender, eny Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragrephs I end 2 hereof shall be applied by Lender first in payment of amounlS payable to Lender by Borrower under pafBgraph 2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Cbarges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributeble to the Property which mey ettein a priority over this Mortgage, and leasehold payments or ground rents, if any. 01-07-00 MTG PA001282 mlll.llllllnllllllllllllllll~ mlll~ I~ n~IIIIU H~I HIli WI ~III ~B03502A17K9&MTG8000PA001282F~~BOYeA . FilE COPY '. ,. ." .\' . .1',- .3- 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgege clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewels thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which hes priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a cleim for insurance benefits, Lender is euthorized to collect end apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shell keep the Property in good repair and shall not commit weste or permit impairment ordeterioretion of the Property end shall comply with the provisions of any lease if this Mortgege is on a leasehold. If this Mortgage is on a unit in a condominium or e planned unit development, Borrower shell perform all of Borrower's obligations under the declaration or covenents creating or governing the condominium. or planned unit devel~pment, the by-laws and regulations of the condominium or planned unit development, end constituent documents. . 7. Protection of Lender's Security. If Borrower fails to perform the covenants end agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasoneble attorneys' fees, end take such action asis necessary to protect Lender's interest. . Any amounts disbursed by Lender pursuant to this paragreph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgege. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payeble upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paregraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may take or cause to be mede reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable ceuse therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, director consequentiel, in connection with eny condemnation or other taking of the Property, or part thereof, or for conveyence in lieu of condemnation, are hereby assigned and spell be paid to Lender. subject to the terms of any mortgage, deed of trust or other security agreement with a lien.which has. priority over this Mortgage., . ..10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgege grented by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify emortization of the sums secured by this Mortgege by reason of eny demend made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising eny right or remedy hereunder, or otherwise afforded by eppliCBble law, shell not be e waiver of or preclude the exercise of eny such right or remedy. I I. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants end egreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co.signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgege, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgege, and (c) agrees that Lender and any other Borrower hereunder may egree to extend, modify, forbear, or meke any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgege as to that Borrower's interest in the Property. 01-07-00 MTG PA001283 1.lli~IMIIIIIDmIMlIgIDIIII~H~ II~UIIHIIII~lIlnllllll .B03502A17K96MTG800DPA001283F~.80YER . FILE COPY -4- ;, o 12. Notice. Except for any notice required under applicable law to be given in another menner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or et such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower es provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgege. In the event that any provision or clause of this Mortgege or the Note conflicts with applicable law, such conflict shall not effect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declered to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by epplicable law.or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 1.5. Rehabilitation Loan Agreement. Borrower shall fulfill all of BorTOwer's obligetions under any home rehabilitBtion, improvement, repair, or ather loen agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of eny rights, chums or defenses which Borrower may have against parties who supply labor, materials or services in cOnnection with improvements made to the Property 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (e) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent. or by operetion of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchese money security interest for household eppliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a trensfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from. an incidental property settlement agreement, by which the spouse of the Borrower becomes en owner of the property, (h) e transfer into en inter vivos trust in which the Borrower is and remains a beneficiary and which does not relete to a trensfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Boerd, Borrower shell cause to be submitted informetion required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sele or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payeble. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in eccordance with paragraph 12 hereof. Such notice shell provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sumsdedared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragreph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (J) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding tbe nonexistence of a defeult or any other defense of Borrower to ecceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose tbis Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees end costs of documentary evidence, abstracts and title reports. 01-07-00 MTG PA001284 1.IHID~~IHHlllllIlmllll~IIHHIWIIIIIH~IIIIIIIIIII~MiUll!11m .B03502A17K9~TGaOOOPA001284FM.BOYER . FILE COPY . -j- 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have eny proceedings begun by Lender to enforce this Mortgage discontinued et any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgege and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage. and in enforcing Lender's remedies as provided in peregreph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligetion to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment end cure by Borrower, this Mortgage and the obligations secured hereby shall remein in full force and effect as if no Beceleration hed occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby essigns to Lender the rents of the .Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due end payable. Upon ecceleretion under peragraph 7.hereof or abandonment of the Property, Lender shaJI be entitled to heve a receiver appqinte,LbY'a .JOlirt,to enter. upon, talce possession of and manage the Property and to collect the rents of the P~perty'including those ~past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by. this Mortgage. The receiver shall be liable to account only for those rents ectually received. . 20. Release. Upon payment of ell sums secured by this Mortgage, Lender shall release. this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 2!. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federallew. 22. Interest Rate After ludgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. "'"-.';..., ...;..:. ..:......., '. . ... ", . ~ "'1 \, .--- _.... .-..-....--. ,..,....;.............:.... ......4. ;,!,,,"""t"-- ""')-.,." ~...\ "'..;;'" O'?"). ~ ...~...:~. '-~....~ ~ ~ J'. ...,....r-r.t, ...~~ ~ ~ ......' \ j ':,j; .,.". ....~ -;::. =: _ ~t.:~:: =....... "'.....,.01\ : :: ';;:;':..-:-. :" :0'; ~ :--...-.,.1. ~ c=' ff~:"~':: ; ~\ - '" ~ ........::. ~ ~~ t;..:-. ......~..~ ~ ..... .~ . .... ~~"..' '...,.0 ~. :0-... ,.-..\ ~> ......... ilo.,..,.......... ........._....' _.......------~ ~ . ',j I I ., \ I r' :j - . . .....~ .'. :T";~:~m :.,.;') #:.".' ~03 Y'~ 01-07-00 MTG PA001285 l"nllnIIlIIIIUIIIIIIIIIIII.UIII~1111111I .803502A17K96MTG9000PA0012B5FX~BOYER . FILE COPY -'"" :. -6- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any . default under the superior encumbrance and of any sale or other foreclosure action. h~-"T B~llj MABEL I BOYER '-~ -r'Borrow.r r=1t~~;;;', ~ . .1JERRY~BOYER ~ ~Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: H 0 USE H 0 L D 2~ GATEWAY DRIVE. MECHANICSBURG. PA 17055 On behalf of the Lender. By: BERNIE HEFFELFINGER COMMONWEALTH OF PENNSYLVANIA, . CUMBERLAND FINANCE Title: BRANCH MANAGER County ss: I, BBBNADETTE M H EFF ELFINGER, a Notary Public in ond for said county and state, do hereby certify that MABEL I BOYER & JERRY L BOYER personally known to me to be the same person(s) whose name(s) are subscribed to the foregoing instrument, appeored before me this doy in person, and acknowledge that _ they_ signed and delivered the soid instrument as their free voluntary act, for the uses ond purposes therein set forth. Given under my hond and official seal, this My Commission expires: August ,20 00 . ..-~;........._,..........~- .L'\...~.,......, ".~; $~~I.~ ....r. ...#... ~ ~.,. ~-' ""'~. ~.. 'EA..~ - _ _-.~~ ~ ~!fE.!..." "':\ ,,\ -Y.':;. ~ Sijl:'~\'" .. ...._;- ~ ::: ......,..,.. t....i :=~:. .. ......:;; :; is S"'f:'~. '" . :>j.,,,r..,, ~ "- ;"'. .....;I;>.~ \ ;; ..... /~~..'" ~.. ~I; ~~-.... ~~: ...$: ~.. e",~~ ~ ~.'" ~...... '.t" ... ..... ~ '-'\.,. "r~ NOTARIAL SEH I BERlADmE I. HEFFELFINGER, NOTARY PUBliC IECHANrCSBURO, CUMBERLAND CO PA IY COMMISSION EXPIRES NOVEMBER ii, 2e03 This instrument was prepare by: ~ ~ II. 1IJi:r~ (N.m~~- -, HOUSEHOLD FINANCE ~RAnON ~ Gateway DrIYe. Sult8107 ,,,:JOhanlC5bulij. lRA.-..1)i'U55 -"",.,I (Sp.ce Below This Line Reserved For Lender and Recorder) Return To: Records Processing Services 577 Lamont Road Elmhurst, IL 60126 01-07-00 MTG PA001286 11~1111111.IIIIWDI~III.Dmllmlll..I~1 WBD35D2Al7K96MTGBDOOPA001286FMMSOYER . FILE COpy f:..J~~ it- ~ 0 Vt '- .J:::. () ~!v (J\~fE! ~ ~ o ~D~ --1:- l%~';1l.) ~ _.~ :l';: w ~r) r;:;o -0 ~~j ;P;Q ;:;: /.C~ ~~,..l N ~ ~ .. ~ ~:j r:- ., =< CX) '< SHERIFF'S RETURN - REGULAR CASE NO: 2004-01796 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS BOYER MABEL I ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOYER MABEL I the DEFENDANT , at 1313:00 HOURS, on the 5th day of May 2004 at 118 FRONT STREET WEST FAIRVIEW, PA 17025 by handing to JERRY L BOYER, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10.00 .00 38.35 r~-'<~ R. Thomas Kline Sworn and Subscribed to before 05/06/2004 MCCABE WEISBERG CONWAY 0? By: ~lr ~ Deputy Sheriff me this ./.1 61.. day of ~ c5l QD f" A.D. t/~.#~ ~- -w.._~/- .e.. - ~ Prothonotary f SHERIFF'S RETURN - REGULAR CASE NO: 2004-01796 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS BOYER MABEL I ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOYER JERRY L the DEFENDANT , at 1313:00 HOURS, on the 5th day of May 2004 at 118 FRONT STREET WEST FAIRVIEW, PA 17025 by handing to JERRY L BOYER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 .~f2ct::"'~#C<t: _~,.d R. Thomas Kline 05/06/2004 MCCABE WEISBERG CONWAY Sworn and Subscribed to before By: me this /3 tJ.. day of ~ Dle>o ~ A.D. ~4. 1). : ~ ~_1. - (c -.LJ4c:::. {J Prothonotary ~ Deputy Sheriff McCABE, WEZSBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUZRE Zdentification NUmber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel I. Boyer and Jerry L. Boyer Number 04-1796 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 from 4/16/04 - 9/7/04 (at 23.82 per diem) TOTAL $ 87,184.92 AND NOW, this $ 3,430.08 $ 90,615.00 JR~ ~-~SQU"E day of ~kw..6e{' is entered in favor of Plaintiff, Household 81 , 2004, Judgment Finance Consumer Discount Company and against Defendants Mabel I. Boyer and Jerry L. Boyer and damages are assessed in the amount of $90,615.00, plus interest and costs. B~NOR'c(l(') ~ MoCABE, WEXSBERG AND CONWAY, P.C. BY: TERRENCE J. MoCABE, ESQUXRE Xdentifioation Number 16496 123 South Broad Street, Suite 2080 philadelphia, PA 19109 (215) 790-1010 Attorney for plaintiff Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel 1. Boyer and Jerry L. Boyer Number 04-1796 Civil Term CERTU'XCATXON I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". \t:m ~QtMh~umE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th DAY OF SEF'_ER'~ ci~c r NOTARIAL SEAL I Ci LANA 1. WATTS. Notary Public Uv dl:: Ph".ade/Phr~. Phila. County mISSIOn Ex/lll'flS Nov. 22, 2004 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary June 22, 2004 To: Mabel I. Boyer 118 Front Street West Fairview, PA 17025 Household Finance Consumer Discount Company vs. Mabel I. Boyer and Jerry L. Boyer Cumberland County Court of Common Pleas Number 04-1796 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEF AUL T IMPORTANT NOTICE NOTIFICACION IMPORT ANTE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONAU. Y OR BY ATTORNEY AND FlLE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS VOU ACf WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RlOlITS. You SHOUlD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF VOU 00 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH 8ELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFfER LEGAL SERVICES TO EUGlBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty A venue Carlisle. P A. 17013 800-990-9108 USTED SE ENCUENTRA EN EST ADO DE REBELDIA POR NO HABER PRESENT ADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y paR NO HABER RADICADO POR ESCRlTQ CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS REClAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA. ACCION DEBlDA DENTRO DE DIFZ (10) DlAS DE LA FECHA DE EST A NOTlFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U QIR PREUBA ALGUNA, DlCfAR SENTEN CIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHQS IMPORT ANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. 81 USTED NO TIENE A UN ABOGADO, VA A 0 TELEFQNEA LA OFICINA EXPUSO ABAlO. ESTA OAClNA LO PUEDE PROPQRCIQNAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFlCINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACIdN ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS lEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA. 17013 800-990-9108 /"" ;!~ ,.~ t:,r\ "~'" U .. ( 't\;~ Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJM/cc OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary June 22, 2004 To: JerryL. Boyer 118 Front Street West Fairview, PA 17025 Household Finance Consumer Discount Company vs. Mabel I. Boyer and Jerry L. Boyer Cumberland County Court of Common Pleas Number 04-1796 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORT ANT NOTICE NOTIFICACION IMPORT ANTE Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA. 17013 800-990-9108 USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADQ UNA COMPARECENCIA ESeRlTA, YA SEA PERSQNALMENTE 0 PaR ABOOAOO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL 8US DEFENSAS U OBJECIONES A LOS RECLAMOS FORMUlADOS EN CONTRA SUVQ. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DlFZ (10) DIAS DE LA FECHA DE ESTA NOTlFlCACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OlR PREUBA ALGUNA, DICTAR SENTEN CIA EN SU CONTRA Y USTED PODRIA PERDER DIENES U OTROS DERECHOS IMPORT ANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOOADO INMEDlATAMENTE. Sf USTED NO TlENE A UN ABOGADQ, VA A 0 TELEFQNEA LA QFlCINA EXPUSO ABAJO. EST A OACINA LO PUEDE PROPORCIONAR CON INFORMACl6N ACERCA DE EMPLEAR A UN ABOGADO. Sl USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OACINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACl6N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVIClOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARlO REDUCIDO NI NINGUN HONORARIO. You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONAll.V OR BY ATTORNEY AND FlLE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJEcnONS TO THE ClAIMS SET FORTH AGAINST YOU. UNLESS YOU ACl' WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMpORT ANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OffiCE MAYBE ABLE TO PROVIDE VOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJMJcc ~yJ.)'~'''' tf ~ UA..;$"" I":~'~;.... 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. "TjR~ ~~SQU;RE . , OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To : Mabel!. Boyer and Jerry L. Boyer 118 Front Street West Fairview, PA 17025 Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel!. Boyer and Jerry L. Boyer Number 04-1796 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at (215) 790-1010. .~~ """-. ~\~ 0L>., ~4') f: ..j ~ ., \""';- \~ I' ~ ~) :J' , r ~> ~. ~ , ~ Z -t' - ~ (') ( '" ~~:; ~ J;-- (/1 il '0) I C) -l :r:~ !:lr~ ~;:} (') -,:} .u, -) ~,,) In .'".' , , :IN 'l'HE COURT OF COMMON PLEAS OF CtJMBERLAND COUNTY, PENNSYLVAN:IA C:IV:IL D:IV:IS:ION Household Finance Consumer Discount Company v. Mabel I. Boyer and Jerry L. Boyer FILE NO.: 04-1796 Civil Term AMOUNT DUE: $90,615.00 ~ INTEREST: from 9/8/04-12/8/04 $1,355.90 at 14.90 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SA:ID 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. PRAEC:IPE FOR EXECUT:ION 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) 118 Front Street, West Fairview, PA 17025 (More fully described as attached) PRAEC:IPE FOR ATTACHMENT EXECt1T:ION 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 listl 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. September 7, 2004 f\J;II~ Signature:\j. ! \, ~ Print Name: TER~NC J. McCABE, ESQUIRE DATE: Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Plaintiff (215) 790 1010 16496 Attorney for: Telephone: Supreme Court ID No. ,..., <"=' ::~ 0? C/_' ~.J .j :;:l-n ~;3 ~~; '--.-'c: },.-- nil I CJ -,,"1 Co; ~:- -f C-~ +~ '1.) :...;.: LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of West Fairview, County of Cumberland and State of Pennsylvania, known in the Plot of said Borough as Lot No. 12, bounded and described as follows, to wit: BEGINNING at a point on the Western line of Front Street at corner ofIands of Chester P. Egrignoli, et ux, which point is 208 feet measured in a Northerly direction from the center line of Market Street; thence by lands of said Egrignoli, South 84 degrees West, 139 feet to a point; thence by the line of a 16 foot alley, North 6 degrees West, 17 feet to a point; thence North 84 degrees East and through the center of a partition wall, 139 feet to a point on the Western line of Front Street; thence by the Western line of Front Street, South 6 degrees East, 17 feet to a point, the place of beginning. HAVING thereon erected half of a double dwelling house known and numbered as 118 Front Street, West Fairview, Pennsylvania. BEING KNOWN AS 118 Front Street, West Fairview, PA 17025. Being the same premises which Mabel I. Boyer, by deed dated the 10th day of May 1996, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 142, Page 581, granted and conveyed to Mabel I. Boyer and Jerry L. Boyer, mother and daughter, as joint tenants with the right of survivorship. TAX MAP PARCEL NUMBER: #45-17-1044-250 c- 0 ~ ~ r C LN ~ \U' ~ \ Cl: .......... - U'J '-.j:- ~~ (/\ 0' ~ (" , ~-. CX\ 0; ~ , ~" '-^' v Cl\ \ c: ~ .--.. <::" . " \ c: :1 \ 1~ !~'i c/) r--.> ,--::-:> (-.:'::> (.... -11 .-< -r l:1~ -nfl' ~:.-( r~-;j , ~ ~:::-; (./) , C.;:; c:J OJ'';' ~~-~ 1IilcCABE, WEISB,ERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel 1. Boyer and Jerry L. Boyer Number 04-1796 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 118 Front Street, West Fairview, PA 17025, a copy of the description of said property is attached hereto and marked Exhibi t "A." 1. Name and address of Owner(s) or Reputed Owner(s) : Name Address 118 Front Street West Fairview, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address Mabel I. Boyer and Jerry L. Boyer Same as #1 Above 3 . Name whose judgment Name and last known address of every judgment creditor is a record lien on the real property to be sold: Address Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IL 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 of the last recorded holder of every 4. mortgage Name and address of record: Name Address Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IL 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 The Redevelopment Authority of Cumberland 114 North Hanover Street Carlisle, Pa 17013 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 Plaintiff has knowledge who has may be affected by the sale: Name every other person of whom the any interest in the property which Address Tenant(s) 118 Front Street West Fairview, P A 17025 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September 7, 2004 ~~!L\ ~~ESQmRE Attorney for Plaintiff DATE LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of West Fairview, County of Cumberland and State of Pennsylvania, known in the Plot of said Borough as Lot No. 12, bounded and described as follows, to wit: BEGINNING at a point on the Western line of Front Street at corner of lands of Chester P. Egrignoli, et ux, which point is 208 feet measured in a Northerly direction from the center line of Market Street; thence by lands of said Egrignoli, South 84 degrees West, 139 feet to a point; thence by the line of a 16 foot alley, North 6 degrees West, 17 feet to a point; thence North 84 degrees East and through the center ofa partition wall, 139 feet to a point on the Western line of Front Street; thence by the Western line of Front Street, South 6 degrees East, 17 feet to a point, the place of beginning. HAVING thereon erected half of a double dwelling house known and numbered as 118 Front Street, West Fairview, Pennsylvania. BEING KNOWN AS 118 Front Street, West Fairview, PA 17025. Being the same premises which Mabel I. Boyer, by deed dated the 10th day of May 1996, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 142, Page 581, granted and conveyed to Mabel I. Boyer and Jerry L. Boyer, mother and daughter, as joint tenants with the right of survivorship. TAX MAP PARCEL NUMBER: #45-17-1044-250 it ~ r1{~t ~ ~ '.'B.. ''''i'. ."" ;(~ " ~,- ". ?,' ,". :.' ..! :,4 ~_~";j:i'. ,', .;: ~ 'fJ",,'1 J :;'i' , (-) ~-. C.1 ~, o::':~ ;:) <:::~ ~- v> t,., () -,., ~ ,-;??} ~1 .. , -; ;-))-, !, , c.=;. . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 {21S1 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel 1. Boyer and Jerry L. Boyer Number 04-1796 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO : Mabel 1. Boyer and Jerry L. Boyer 118 Front Street West Fairview, PA 17025 Your house (real estate) at 118 Front Street, West Fairview, PA 17025, is scheduled to be sold at Sheriff's Sale on December 8, 2004 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $90,615.00 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Household Finance Consumer Discount Company, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 ANIl YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. 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. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFQRMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ( ,. o .-..., '"::-1 <::-;) ~- o -t', -< ~1: _~ !11-: r'-- -~}~Tl --"_J\? :C.~ ,/, f'-, --0 , r_" '---- -'.' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1796 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due HOUSEHOLD FINANCE CONS DISC CO Plaintiff(s) From MABEL I AND JERRY L BOYER, 118 FRONT ST., WESTFAlRVIEW PA 17025. (1) You are directed to levy upon the property of the defendant (s)and to sen REAL ESTATE LOCATED AT 118 FRONT ST., WEST FAIRVIEW PA 17025 (SEE LEGAL DESCRIPTON) . (2) You are also directed to attach the property of the defenOOnt(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 orfor the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 hirnJher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $90,615.00 L.L. $.50 Interest FROM 9/8104 TO 12/8/04 @ 14.90 per diem: $1,355.90 Atty's Corom % Due Prothy $1.00 Atty Paid $136.35 Other Costs Plaintiff Paid Date: SEPTEMBER 8, 2004 (Seal) CURTIS R. LONG PrOJOtary ,( ~ BY.: \ ~ 1<+ .~t().)J.y-()/",. Depjlly . / REQUESTING PARTY: Name TERRENCE J MCCABE ESQUIRE Address: 123 S BROAD ST SUITE 080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 16496 MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel 1. Boyer and Jerry L. Boyer Number 04-1796 Civil Term AMENDED AFFIDAVIT OF SElRVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 1ST day of November 2004, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attClched hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." \q II/'---~- ~~ J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 1st DAY OF November, 2004. - ~n~~O- ~ Ni TARY PUBLIC I \ ;]~~5Ig~lt~~7~~~&: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff IExhibit A. Household Finance Consumer Discount Company Cumberland County Comt of Cornmon Pleas v. Mabel I. Boyer and Jerry L. Boyer Number 04-1796 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff ln 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 118 Front Street, West Fairview, PA 17025, 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 Mabel 1. Boyer and Jerry L. Boyer 118 Front Street West Fairview, P A 17025 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 Above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IL 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 4. Name and address of the last recorded holder of every mortgage of record: Name Address Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IL 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 The Redevelopment Authority of Cumberland 114 North Hanover Street Carlisle, Pa 17013 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 Addl:ess None 6. Name and address of Plaintiff has knowledge who has may be affected by the sale: Name every other person of whom the any interest in the property which Tenant(s) Address 118FExtlibit A West Fairview, PA 17025 Domestic Relations Armstrong County Court House Rm 1 500 Market street Kittaning, PA 16201 Commonwealth of Pennsylvania D2partment of Welfare P.O. Box 2675 Harrisburg, PA 17105 Gnanachandra Chinnah 506 Erford Road Camp Hill, PA 17011 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. DATE -rA//L---. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff November 1, 2004 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company At:torney for Plaintiff Cumberland County Court of Common Pleas v. Mabel I. Boyer and Jerry L. Boyer DATE: November 1, 2004 NExni61f] TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Mabel I. Boyer and Jerry L. Boyer PROPERTY: 118 Front Street, West Fairview, PA 17025 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on December 8, 2004, at 10:00 a.m. in the Commissioner I 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. d) t ::r:: " 30. ;J.,.S''1:s.]:;. ~ e.L:l s:: l:>> "'l.o-t 0 :g \1 (,) :a C",Q:S ~ <i)"'2~""~~ ~~rj::ns~ lE :Il 'l'l.g.~ '" ~ <~,h 8'~ CS ~ .~ ,g ] ~ ~ c: g ~~ fi ~ ~ ~ ~ g u~-g~~ 'E j ! ~ i IU!.:!~'" 80000 ] .~ o Jj Q) 13 ~ t", ~~ ~~~~[1 ,.gu8o&1.!J 000000 gl,:; :~~~~~ ^o/':~~l~~~ H~ l. L S '2 s: '2 'Z 9 d ~VlSOd 's'~i l.j'+ i'~' , ~ ~i. J<f _.-~ -.,'~ ~ .... ~p =- r - ,,~ j,! ~ .:::~. ~x ..;~; 0- . r t-~je'1;;~ v-X L'::s:L.I i~ " >" _ A ~~~ l; :.~~ 'Y, --,.-I.-::;...(\~ /~]i'" ,."':-,>/ qHt li~il .... ~Hf !Ill I~~~i .. ~i [H ~...;j~l HH~ or i ~ ~ ~ 11~ Q.g q"Ji~ ~ ~h: {1m I'i ~ c ~.... i ~i~~ 'e: ~ g. E ~ HH~ ~! I J.' fil,:; :r1ll "'''' (j . "',:: (j . >=l':: .~ 5>=l ,,8 1.11 filii . I "'.Ia..,_ L -~d' J 0-11 ~ il . j~ ..., ~l -a . ~~ ill. ~~ . " f '" ] ~ o '" .., Ii 1 1 ~ 4l ~ ..c: rU rl ~ H ~ C) -rl r- ..c:'Url U rO o~ rOCX:;P.. 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N ill WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1796 Civil CIVIL AcnON - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisty the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (,) From MABEL L BOYER AND JERRY L. BOYER (1) You are directed to levy upon the property of the defcndant(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 gamishee(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 ofthe defendant (5) or othenvise 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 himiher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $90,615.00 1.1. [nterest FROM 9/8/04 - 6/8/05 $4,067.70 AT 14.90 PER DIEM Atty Paid $504.32 Plaintiff Paid Date: JANUARY 24, 2005 Due Prothy $1.00 Other Costs Atty's Comm o,{J CURTIS R. LONG (Seal) Prothonotary :;;: ~ ~y A o/> A . :lUk.V / - Deputy REQUESTING PARTY: Name TERRANCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION FILE NO.: 04-1796 Civil Term Household Finance Consumer Discount Company v. Mabel!. Boyer and Jerry L. Boyer AMOUNT DUE: $90,615.00 INTEREST: from 9/8/04-6/8/05 $4,067.70 at 14.90 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt. interest and costs upon the following described property of the defendant(s) 118 Front Street, West Fairview, PA 17025 (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 lif 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 Is) described in the attached exhibit. January 18. 2005 ~, DATE: Signature: Print Name: Address: 123 S. Broad Street. Suite 2080 Philadelphia. PA 19109 Plaintiff (215) 790 1010 16496 Attorney for: Telephone: Supreme Court ID No. rv p r 0 r::) ~ f if- "'--.. )0 <0 e;g - ~ -I:... -- ~ ~ ~ ~ .., ~ 'S9. ~':'-- '-'1 C> t t. r& k; Vt '- VI tJ) ~ :t} \) ~-(JV)~~~Crt ~ '0 '1;) 'C/1 ..t \:) Vv C> w\:,C\)-JC~(). ~ , , , , , ' ~ - ~:-::-~~ , - :, :. ::.0/;} $? -L[J:- \".) () ~0 ",'1' c,;.... .-:\ <-- ~.:..."'"'!\ :;:-:1" \'-,If::' :",,~~ -',:"U"\ 1') . ''l. 1,t:! T::': ~. ";.--',1 ) (..:) , (\1 >.I) <~ 1:"':' " - :''':~ ,._1 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification NUmber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for plaintiff Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel I. Boyer and Jerry L. Boyer Number 04-1796 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 118 Front Street, West Fairview, PA 17025, 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 Mabel I. Boyer and Jerry L. Boyer 118 Front Street West Fairview, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 Above 3 . Name whose judgment Name and last known address of every judgment is a record lien on the real property to Address creditor be sold: Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IL 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 of the last recorded holder of every 4. mortgage Name and address of record: Name Address Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, lL 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 The Redevelopment Authority of Cumberland 114 North Hanover Street Carlisle, Pa 17013 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. Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: Name other person of whom the interest in the property Address Tenant(s) 118 Front Street West Fairview, PA 17025 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 18, 2005 v DATE EN Attorney . McCABE, ESQUIRE or Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of West Fairview, County of Cumberland and State of Pennsylvania, known in the Plot of said Borough as Lot No. 12, bounded and described as follows, to wit: BEGINNING at a point on the Western line afFront Street at comer oflands of Chester P. Egrignoli, et ux, which point is 208 feet measured in a Northerly direction from the center line of Market Street; thence by lands of said Egrignoli, South 84 degrees West, 139 feet to a point; thence by the line of a 16 foot alley, North 6 degrees West, 17 feet to a point; thence North 84 degrees East and through the center of a partition wall, 139 feet to a point on the Western line of Front Street; thence by the Western line of Front Street, South 6 degrees East, 17 feet to a point, the place of beginning. HAVING thereon erected half of a double dwelling house known and numbered as 118 Front Street, West Fairview, Pennsylvania. BEING KNOWN AS 118 Front Street, West Fairview, PA 17025. Being the same premises which Mabel I. Boyer, by deed dated the 10'" day of May 1996, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 142, Page 581, granted and conveyed to Mabel I. Boyer and Jeny L. Boyer, mother and daughter, as joint tenants with the right of survivorship. TAX MAP PARCEL NUMBER: #45-17-1044-250 F.' X;:. "... ',", ~.. ~ T' u'f:(.' .tt"'-' ; '("'~ i .... ' 'Ow. " C) t~.) c:..~.. C..:) <;../1 c_ ~:::,"-. r,.' -j;;." :":":~. u; (,'J) '.. , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification NUmber 16496 123 South Broad Street, suite 2080 philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel L Boyer and Jerry L. Boyer Number 04-1796 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Mabel I. Boyer and Jerry L. Boyer 118 Front Street West Fairview, PA 17025 Your house (real estate) at 118 Front Street, West Fairview, PA 17025, is scheduled to be sold at Sheriff's Sale on JUNE 8, 2005, 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 $90,615,00 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Household Finance Consumer Discount Company, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 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 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. 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. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. o C. f") .:,.;." ~:~;.: \.,0 C'J ----- ." Household Finance Consumer Discount Company VS Mabel 1. Boyer and Jerry L. Boyer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-1796 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this wr t is returned STAYED per instructions from Attorney Terrence McCabe. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Levy Mileage Surcharge Law Journal Share of Bills 30.00 6.97 15.00 15.00 .50 1.00 15.00 23.68 30.00 187.90 30.42 $ 355.47 Sworn and subscribed to before me This ,." 0> dayof 4ftlf~ /'--'\ 2004, A.D.CJ.,,~ (2 1111PV1,) / Prothonotary So Answers: ~' . ~- ,_ _ ..,....r~'" '~-':"_"ftfJ~.'~~ "~.,,.:? R. Thomas Kline; Sl1eritf. ,," . ,- Ujdi BNd Real I.~-P en '4 1 & '( 'j i!e . :sTO:5<- .~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 ' Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel I. Boyer and Jerry L. Boyer Number 04-1796 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in he above action, set forth as of the date the praecipe for the Writ Execution was filed the following information concerning the r property located at 118 Front Street, West Fairview. PA copy of the description of said property is attached hereto marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) : Name Address The Redevelopment Authority of Cumberland 114 North Hanover Street Carlisle, Pa 17013 Mabel I. Boyer and Jerry L. Boyer 118 Front Street West Fairview, P A 17025 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 Above 3 . Name whose judgment Name and last known address of every judgment credit r is a record lien on the real property to be sol Address Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, II., 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 of the last recorded holder of eve y 4. mortgage Name and address of record: Name Address Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst,lL 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 5. Name and address of every other person who has any reco d interest in or record lien on the property and whose interest m y be affected by the sale: Name Address None 6. Name and address of Plaintiff has knowledge who has may be affected by the sale: Name every other person of who any interest in the property the hich Address Tenant(s) 118 Front Street West Fairview, PA 17025 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfar 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 informatio and belief. I understand that false statements herein are made su ject to the penalties of 18 Pa.C.S. Section 4904 relating to uns orn falsification to authorities. September 7, 2004 J. cC BE, ESQUIRE Plaintiff DATE I LEGAL DESCRIPTION , ALL THAT CERTAIN piece or parcel of land situate in the Borough of West Fairview, Coun of Cumberland and State of Pennsylvania, known in the Plot of said Borough as Lot No. 12, bounded nd described as follows, to wit: BEGINNING at a point on the Western line of Front Street at comer oflands of Chester P. Egrignol et UX, which point is 208 feet measured in a Northerly direction from the center line of Market Str t; thence by lands of said Egrignoli, South 84 degrees West, 139 feet to a point; thence by the line of 16 foot alley, North 6 degrees West, 17 feet to a point; thence North 84 degrees East and through the ce ter of a partition wall, 139 feet to a point on the Western line of Front Street; thence by the Western lin of Front Street, South 6 degrees East, 17 feet to a point, the place of beginning. HAVING thereon erected half of a double dwelling house known and numbered as 118 Front Str et, West Fairview, Pennsylvania. BEING KNOWN AS 118 Front Street, West Fairview, PA 17025. Being the same premises which Mabel I. Boyer, by deed dated the 10th day of May 1996, and recor d in the Office of the Recorder in and for Cumberland County in Deed Book 142, Page 581, granted an conveyed to Mabel I. Boyer and Jerry L. Boyer, mother and daughter, as joint tenants with the righ of survivorship. TAX MAP PARCEL NUMBER: #45-17-1044-250 ".' "'; ~k " w (~,: ~: ,i/ 1:9) , 'J .' , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification NUmber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintif , Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel I. Boyer and Jerry L. Boyer Number 04-1796 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO : Mabel 1. Boyer and Jerry L. Boyer 118 Front Street West Fairview, PA 17025 Your house (real estate) at llS Front Street, West Fairvi w, PA l7025, is scheduled to be sold at Sheriff's Sale on Decembe S, 2004 at lO:OO a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courtho se Square, Carlisle, Pennsylvania 17013, to enforce the court judgm nt of $90, 6l5. 00 obtained by Household Finance Consumer Disco nt Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Househ ld Finance Consumer Discount Company, the back payment , late charges, costs, and reasonable attorney's fees du To find out how much you must pay, you may call Terren e J. McCabe, Esquire at (215) 790-l010. 2. You may be able to stop the sale by filing a petiti n aSking the Court to strike or open the judgment, if t e judgment was improperly entered. You may also ask t e Court to postpone the sale for good cause. 3. You may also be able to stop the sale through oth r legal proceedings. You may need an attorney to assert your rights. The sooner y u contact one, the more chance you will have of stopping the sal (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE .' 1. If the Sheriff's Sale is not stopped, your property wi 1 be sold to the highest bidder. You may find out the pric bid by calling Terrence J. McCabe, Esquire at (215) 790-10 O. 2. You may be able to petitiOn the Court to set aside the sale if the bid price was grossly inadequate compared to the' alue of your property. 3. The sale will go through only if the buyer pays the ShEriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (2l5) 790-10l0. 4. If the amount due from the buyer is not paid to the Sher~ff, you will remain the owner of the property as if the sale n~ver happened. 5. You have a right to remain in the property until the amount due is paid to the Sheriff and the Sheriff gives a to the buyer. At that time, the buyer may bring 1 proceedings to evict you. 6 . A schedule of distribution will be filed by the Sheriff date specified by the Sheriff not later than 30 days a sale. Distribution will be made in accordance with schedule unless exceptions are filed thereto within 10 after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE S T FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE<tAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ull eed gal n a ter the ays LEGAL DESCRIPTION . N)i<lc. [;Q.st Penn bc'"C low f)., h-,p ) ALL THAT CERTAIN piece or parcel of land situate in the Borough of West Fairview:fcou of Cumberland and State of Pennsylvania, known in the Plot of said Borough as Lot No. 12, bounde and described as follows, to wit: BEGINNING at a point on the Western line of Front Street at comer oflands of Chester P. Egrign i, et ux, which point is 208 feet measured in a Northerly direction from the center line of Market S eet; thence by lands of said Egrignoli, South 84 degrees West, 139 feet to a point; thence by the line of 16 foot alley, North 6 degrees West, 17 feet to a point; thence North 84 degrees East and through the c nter ofa partition wall, 139 feet to a point on the Western line of Front Street; thence by the Western Ii e of Front Street, South 6 degrees East, 17 feet to a point, the place of beginning. HAVING thereon erected half of a double dwelling house known and numbered as 118 Front St eet, West Fairview, Pennsylvania. BEING KNOWN AS liB Front Street, West Fairview, PA 17025. Being the same premises which Mabel 1. Boyer, by deed dated the 10m day of May 1996, and recor ed in the Office of the Recorder in and for Cumberland County in Deed Book 142, Page 581, granted an conveyed to Mabel I. Boyer and Jerry L. Boyer, 1;Ilother and daughter, as joint tenants with the rig of survivorship. TAX MAP PARCEL NUMBER: #45-17-1044-250 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND} NO 04-1796 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONS DISC CO Plaintiff(s) From MABEL I AND JERRY L BOYER, 118 FRONT ST., WEST FAlRVIEW PA 17025. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 118 FRONT ST., WEST FAIRVIEW PA 17025 (SEE LEGAL DESCRlPTON) . (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 fro paying any debt to or for the acconnt of the defendant (s) and from delivering any property of the defend (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is fonnd in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as garnishee and is enjoined as above stated. Amonnt Due $90,615.00 L.L. $.50 Interest FROM 9/8/04 TO 1218/04 @ 14.90 per diem ~ $1,355.90 Atty's Comm % Due Prothy $1.00 Atty Paid $136.35 Other Costs Plaintiff Paid Date: SEPTEMBER 8, 2004 (Seal) CURTIS R. LONG {J Deputy REQUESTING PARTY: Name TERRENCE J MCCABE ESQillRE Address: 123 S BROAD ST SillTE 080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 16496 Real Estate Sale #53 On September 09,2004 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 118 Front Street, West Fairview, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 09, 2004 BY:0Mll.~ Real Estaij Deputy "'~II '.'JJ ' !),...."- , ! ,"', . - '.) ~J~ .) /.If,..;" ;:cn~ '-';.J ~ @~ ~~ REAL ESTATE SALE NO. 53 Writ No. 2004-1796 Civil Household F1nance Consumer Discount Company vs. Mabel 1. Boyer and Jerry L. Boyer Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel ofland situate In the Borough of West Falrview, n/k/a East Penns- boro Township. County of Cumber- land and State of Pennsylvania, known In the Plot of said Borough as Lot No. 12. bounded and de- scribed as follows. to wit: BEGINNING at a point on the Western line of Front Street at cor- ner of lands of Chester P. Egrignoll. et UX, which point Is 208 feet meas- ured in a Northerly direction from the center line of Market Street: thence by lands of said Egrignoll, South 84 degrees West. 139 feet to a point: thence by the line of a 16 foot alley, North 6 degrees West. 17 feet to a point: thence North 84 de- grees East and through the center of a partition wall. 139 feet to a point on the Western line of Front Street; thence by the Western line of Front Street, South 6 degrees East. 17 . ,:I feet to a point. the place of begin- ning. HAVING thereon erected half of a double dwelling house known and numbered as 118 Front Street. West Falrvlew. Pennsylvania. BEING KNOWN AS 118 Front Street, West Falrvlew. PA 17025. Being the same premises which Mabel 1. Boyer, by deed dated the lOth day of May 1996. and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 142. Page 581, granted and conveyed 10 Mabel 1. Boyer and Jer- ry L. Boyer. mother and daughter, as joint tenants with the right of survtvorshlp. TAX MAP PARCEL NUMBER: #45-17-1044-250. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for plaintiff Cumberland County Court of Common Pleas Household Finance Consumer Discount Company v. Mabel I. Boyer and Jerry L. Boyer Number 04-1796 Civil Term AMENDED AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 12~ day of April, 2005, 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 RAN. Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." TA ------------- TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 12th DAY OF April, 2005. , , ~mux~ n. ~Qj / N ~~,~y PUBLIC 'i "''''''-,.e."...,.",.. ._.."..,.~..." ~':_'~___~_'__j C..'___."..,_, _"n'" i , ! '--~.-._I ~/". McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff 4 Exhibit A Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel 1. Boyer and Jeny L. Boyer Number 04-1796 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 !, 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 118 Front Street, West Fairview, PA 17025, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address ofOwner(s) or Reputed Owner(s): Name Address Mabel 1. Boyer and Jerry L. Boyer 118 Front Street West Fairview, PA 17025 2. Name and address of Defendant( s) in the judgment: Name Address Same as #1 Above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, IL 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 4. Name and address of the last recorded holder of every mortgage of record: Name Address Household Finance Consumer Discount Company P.O Box 8604 Elmhurst,IL 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 The Redevelopment Authority of Cumberland 114 N01ih Hanover Street Carlisle, Pa 17013 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: ,. ~. ( Name Address None 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s) 118 Front Street West Fairview, PA 17025 Domestic Relations Office Cumberland County P.O. Box 320 Carlisle, Pa 17013 Commonwealth of Pennsylvania DepaItment of Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Inheritance Tax Office 1400 Spring Garden Street Philadelphia, PA 19130 Commonwealth of Pennsylvania Bureau oflndividual Tax Inheritance Tax Division 6th Floor, Strawberry Square Department #280601 HaITisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O. Box 8486 Harrisburg, P A 17105-8486 Exhibit A 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. -r= TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff April 12, 2005 DATE .. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Attorney for Plaintiff Cumberland County Court of Common Pleas v. Mabel 1. Boyer and Jerry L. Boyer Number 04-1796 Civil Term DATE: April 12, 2005 E hilt "t B I '.., ,',' CLAIMANTS dB X I) i TO: ALL PARTIES IN INTEREST AND NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Mabel I. Boyer and Jerry L. Boyer PROPERTY: ll8 Front Street, West Fairview, PA 17025 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on JUNE 8, 2005, 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. 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'l,) s"<t :a ,:;u:::u <<: ~o.. ~ ~~ "" ""~ ___~.b ~ " . .".~ 2"" ""<;;; 000 ~:::;;:o I -... ,~ . tl/ ~ '" o ~ o u 16 o .~f ~ s80i'2 " ~ A:::~~<>1 o.s l<a.. ." nO' ~..QCO~ E ~ .j! o sO ~ 000.;0 .. " ~ 'r:- . , . .~ -K 'Q) ~ "0 SI!).l:I(<) d.lorzl- tS5~ Oo"t:l< :E~80.. .~ .. ~ ~'~i ~}l 0..- 'i::I/J~ 00. 0-,,0] u;S:!o... . .~ ~ %. ~ ~tds~ 00 ~~:~ >._~ ,-1$jg" O~Q~~_ ~'8SE~P.': ~~ (l)f/J~~ !)ij "o8i3~!l ~g..9.2 ~ E " 5 "" g:~ 8J:;g~o;:c 0'1 " ~ ~ 00 '" ~]i ~ u v. ~ 0 ~~~;;J S '-~ th3\O-< OQeCOOOCL< "'-0;.;:1'" . ~ho";;;~ ~e ~ ~r.2~ Q.......l. o..fl ,'j:; dlo.. ~~o a Clf-<o:::;:>o..;:r:: !~~~ fUj 1111 III Hfl lL, i8';1" 'Ill In' hH ~~~.h J!i,Sgg. ','''' h~lj .]~. 'I 'I!! hill If Hi 1"'"1 lIP l]ji1. ,un jl~t .l:;!!tll' l!i'U n s.~~]' ~'$:;Qi- '.1" :3 "' ~ 1'1'-'! ~! '1 ..s !!;: {H' "'~~.!! ~ ~ U~g { 1'10" ~J!~~ ~jUl -- . s l w 1!' :~ . u ~ '& ! t 0.. II '" d ~ o 0.. = . "" = o "" ';l " " o ~ '" ~ h " .0 l! . i o u ,- illS c;;o , 13"@ 0 i i~ 0; "" ." l ~~ ~, OJ) . = i) ~o :I "0500 0 ~ c \log ;;. C 1Zl"O ~g; ~ N 'b a,s"-'..d t ~ 12 ttr/l~ ~ s- Ol .0 .a~d~ ; . 1l: " .~ ~~'\HJ1 u ~Jj ~' "" ." '" ~ " 0"" " li "0;-"'" :r:: . ~ ] .r.>Z ~~ @ 0."']'" - '" ~ .. ~ 'D " " '" ,~ 0 ~S:iM:.a~ ~ "2 '" Z:>:!:l,.< ~~ '" '" . .~ > "S. ~~ ~ ",,- ~ o~ ~ -S.....l#'1~ a:iO~p., ~ 'i:\M - ;Ui o lJ"o 5 uoo;;:c C~ t,."...) c.~.} Cj w, I \.D :-""" , ~-_J ..< -...J ,~-",",",."",;.'.""- .. . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel I. Boyer and Jerry L. Boyer o'-l-i791, Number O~ Civil Term AMENDED AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 4th day of May, 2005, 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 "An. Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." T TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 4'" DAY OF May, 2005. N~'nl ~ ) [.LJJI,d:e-1 i ~ 0 N TARY PUBLIC J McCABE, WEISBERG AND CONWAY, P.C. . BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Exhibit A Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel!. Boyer and Jerry L Boyer Number 04-1796 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning !the real property located at 118 Front Street, West Fairview, PA 17025, a copy of the description of said property is attached hereto and marked Exhibit "A." I. Name and address ofOwner(s) or Reputed Owner(s): Name Address Mabel!. Boyer and Jerry L Boyer 118 Front Street West Fairview, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 Above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst, 1L 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa ] 7055 4. Name and address of the last recorded holder of every mortgage of record: Name Address Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst,IL 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 The Redevelopment Authority of Cumberland 114 North Hanover Street Carlisle, Pa 17013 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: E h . b . t A Name Address X I I Tenant(s) 118 Front Street West Fairview, PA 17025 Domestic Relations Office Cumberland County P.O. Box 320 Carlisle, Pa 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, P A 17105 Commonwealth of Pennsylvania Inheritance Tax Office 1400 Spring Garden Street Philadelphia, PA 19130 Commonwealth of Pennsylvania Bureau oflndividual Tax Inheritance Tax Division 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak. Building P.O. Box 8486 Harrisburg, PA 17105-8486 East Pennsboro Township 98 South Enola Drive Enola, PA 17025 , I verify that the statements made in this Affidavit are true ~nd correct to the best of my personal knowledge or information ~nd belief. I understand that false statements herein are made ~ubject to the penalties of 18 Pa.C.S. Section 4904 relating to ~nsworn falsification to authorities. M~y 4, 2005 D~TE \~- TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Attorney for Plaintiff Cumberland County Court of Common Pleas v. Mabel I. Boyer and Jerry L. Boyer NU1IJl!~04-1;96 f~vil T,erm 1'-' ~1"\ ~ ~'~ DATE: May 4, 2005 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Mabel I. Boyer and Jerry L. Boyer PROPERTY: 118 Front Street, West Fairview, PA l7025 'IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the sheriff's Sale on JUNE 8, 2005, 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 ~ortgage or judgments and liens on, and/or other interests in the troperty which will be extinguished by the sale. You may wish to ~ttend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date ~pecified by the Sheriff not later than 30 days after sale. ~istribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ~~ ~ , !-; ,\:- " J-' \0 a- u' Q 0 N .- ~, -4" G'" " Q-:- {P :r 0-- .:t: -~ '; _"t~'" ....;:;:>-'. I, t;; 0-. " ", t\\::>O '~ 'Ci~~/' .tJ:~'~~J"'~ f..... ~)."O',{.Q~ ~ 0"" .-'" " .C;%"j'" ifJ.~*-d"5 's t y., *" ~ 'e '" \.<< 'P,'0.'fiI.a'p-d,"i'; 4,:S~'$St:LlCl l" . ~ . t ~ '~ \ \ ~\ ~ .a j; 1r p '" ~ fJ\ ~v~ t.. 'i) ~ ~ ~r'4~OO ....OD o _ e e ~ 0; \ ~ u 1 "''' Iii" ~~g$; '3 13000 :9- uooooO P. .M .c U1 \::I'D "> oj ~~ >S1 o oj N \-\c--\o o 0 r .0 \::1,-1 U1 Iii c>: @,.c'" ClJV "'sro v{j)c--\ "' 0 oj CO \::I liiC5'\il \ o . l \ ~ ~ . , ~ Ol. . u. \ P- _<_ \CS> \ ~ \~ 'oj %.0 \~ ..oor;!) ~ ~ () ~ '!l U1 >'d lI.l S \('$ b' 'b~f8..-'~ 'fj. onifl ~ ;:I "" 'iJ ~ .: 4. \C'i ,; :lj$ ih p- \e u li:l--O --'{'$ <",~~\i' ~ l.l\~%'~ ~6tf;1 3 - ~ <> (0 ..... r7Z~€.~ ~ \ " <<' d (~ , {f ~ -r:-\ . ' .". '" '"' \ r '" \ ,In" \\'N \\\ \\ ...$g 't~'1 \\\\\ . , l \\\1\ i\!~"6 ,~ ;-\ ~ Q~~4 1 ,", . , '\. , >1' .~ \~;',' .~hl. ~\t<';Bl ~ ~ ~ s 1- ~ '" ~ " ''; u ~ . "5' ~ l ~ ~ t o P- .. .. :s o .. .. . '" ~ o ~ ~ ~ % 'io: '" t . ~ ". %' o u ." ~~ ~o "OB .~ ~" U. _E ~;i .. c ~ \ il 0 . .,: ~~ ... r \~ 'fi, ~ ~ <<' .". '" jl "' ... " m ... - - - - ~5 ,. 0- o - \ ---- '-"".'--"""-- 1_'-", _" c,,) W 1"-,) C:::J c:::> C.F' ~!'. c"' -I'} I \D -"1 :~ ,,-,. lIII 11 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 Attorney for Plaintiff Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel!. Boyer and Jerry 1. Boyer Number 04-1796 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA: SS: COUNTY OF PHILADELPHIA: I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the within matter. being duly sworn according to law, deposes and says that a true and correct copy ofthe Notice of Sheriffs Sale was served upon the Defendant, Jerry 1. Boyer, by regular mail, certificate of mailing, and certified mail, return receipt requested, dated April 12, 2005 and addressed to 118 Front Street, West Fairview, P A 17025. The regular mail was never returned, and the certified mail was signed for by the Defendant on April 18, 2005. A true and correct copy of the letter, certificate of mailing, certified receipt number 7004-1160-0005-4542-3138, and signed green card are attached hereto, made part hereof, and marked as Exhibit "A" SWORN TO AND SUBSCRIBED BEFORE ME THISJMbA Y OF AUGUST, 2005. CJ/){~ct{( 9{~{ /1~/i NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ':hrissandra Shaye Hamilton, Notary Public City of Philadelphia, Phila, County ''.1 Commission Expires January 4, 2009 ___, <0 m r'l m ru ~ tn ~ '. a erVlce,n CERTIFIED MAil", RECEIPT :a-umestic: Mail Only; No Insurance Coverage ProVIded) I A l USE LAW OFFICES EISBERG & CONWAY, P.C. SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUlTB 205 53 WEST 36" STREEr NEW YORK. NY 10018 (917) 351-1188 FAX (917)351-0363 Postage $ ~;,..))(~ .Y'~ ':".lA ~'~+., tn CJ CJ r:J R~m Reafept Fee (Endol"98ment Required) D Restl1cled Delivllry Fee ..D (EndorMn'l&ll\ Required) ..... ..... 1btaJ PO"'" &F... -- He", SUITE 2080 ~3 SOUTH BROAD STREET 'HlLADELPHlA,PA 19109 (215) 790.1010 FAX (215)790,1274 Certified Fee $ ~ ~~~=~~~:: JOSEPH F. RIGA' Of Counsel 1 tic....e,hn"NY &CT ^ I.iccree6nfl'i 1 MImcinIA~f"'Hl + M-lOlin8A~fotN'l April 12, 2005 Jerry L. Boyer 118 Front Street West Fairview, PA 17025 Re: Household Finance Consumer Discount Company v. Mabel I. Boyer and Jerry L. Boyer Cumberland County; CCP; Number 04-1796 Civil Term Dear Jerry L. Boyer: Enclosed please find a true and correct copy of a Notice of Sheriff's Sale regarding the above-captioned matter. Very truly yours, I TERRENCE J. McCABE TJM/sy Enclosures SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7004 RETURN RECEIPT REQUESTED 1160 0005 4542E~ibit A ~. .-, ~ ~~ ~ .t. ~ ,.,' ;. < .~ ::'. ? ~~ fe il,'" ~~ !~ ! ~~ ~ J~ ~ t~~~~I1~ e "~. ~ Q $.~O: e,,",~ i\~'jl\\l ~ <~\'S...p..Q -,'-"" -".~,. ..\ .~ ,', (\01:5" t,O~ (.'~' .,')V1SOd .to '1 ' ," .-,: :.:. .,: ' ~ ; ..,'"' :'", ~ .. ~ 1 ~ i \\ i \ \ ,;\\1\ \ jAOOoO 1 15 l !'~ 1 ~ h ~ -\11"ql c.l~B!~'~ eooooo "" ~ r- - < il ~i ~l:1 u o ifl',? ~.~'la _ 0 ,<, ~~- ~~i '$~~ \ ;; ~.. \l~O % 1 -oorf.; ........ QO~ r 01, <>~ ~ ~al~~~ ~ ~(J)~_ ~ .13",,1;\< a ~.~ illS, g .11& 'it ~~S~~ 3 ~ o p; "" ~ r- - < 'i p.., il1:l~ ~ifl .'? ~~'la ,.jg", ~:i .,_t:;> .-,_7 ~ " o ~ '" .... ... ~ '" .." ""' '" O\~s ~ .... ." ~~ ..... f ,,\ l~ ~ '" F> i "" r= ""' ., 1 "" u> P-< --- . ~ ...\ '" \" M f""\ ~ V'\ j"i .-' ..... ...... ....... ?~ ~---" ~-- SENDER COr,JPLE /[ THIS SECTION . Complete ~ems 1, 2, snd a. Also cornp/ele Item 4 n Resfricled Delivery Is desired. . PrInt your _ snd add""'" on the reverse SO thai we can return the cant to you. ,. Attach thIs cant to the beck of the mal1plece. or on the f1I:lnt n space permlia. 1. _Addnlsse<Ilo: ll!Xry L f3atif 11 D FYcti* ~t- ~~ ftJnJic.J i 1?A \P2.-5 '2.__ (I1r/IIft"--1/Ib8/) PS Form 3811. FebruarY 2004 A. Slgnat\lR> X D. Is deM<y 119m n YES. enlot deIIve<y _ below: a. SerlIl6e 'JYp<I gtCertlflOd Mall 0 ~ Mall o Reg1slerocI 0 ReIum FlecoiplIor_1so C 1'-_ C C.O.D. 4. _ DeRwry'I (alI8 Fee) 0 Yes 7004 1160 0005 4542 3138 ~ Aetum Rec:eIpl 1_'540 ". ....., ~ , 2 f'-> = ~ = ~ .." .:Hw, >- ~ c: Z:X'i en ~~ t;c I ,,':7" :::; ~ .:~ co ~c~ :t!~ ~r! "'t> Z(j :x 0 :l>c 't? a ~ N 35 ..0 -< 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 Sheriffs Deed in which Timothv J Martz is the grantee the same having been sold to said grantee on the 7th day of Sept A.D., 2005, under and by virtue of a writ Execution issued on the 24th day of Jan, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 1796, at the suit of Household Fin C D C against Mabel I Bover & Jerrv L is duly recorded in Sheriffs Deed Book No, 271, Page 2977, IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,J<.J -It ,A,D.~ r;;/i 'lJ\ ~ ecorder of Deeds .. of Deeds, Curnbe!tIlnd County, ~, M , IoIy mmlSSion Expires the Filii Moodiy aI JaIl. 200f day of Household Finance Consumer Discount Company VS Mabel 1. Boyer and Jerry L. Boyer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-1796 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Mabel!. Boyer and Jerry L. Boyer, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description as NOT FOUND, as to the defendants, Mabel!. Boyer and Jerry L. Boyer. Mabel Boyer resides in a nursing home (unknown which one) and Jerry Boyer no longer resides at given address. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2005 at 6:25 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mabel!. Boyer and Jerry L. Boyer located at 118 Front Street, West Fairview, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 07,2005 at 10:00 o'clock A.M. He sold the same for the sum of $1,00 to Attorney Terrence McCabe for Household Finance Consumer Discount Company. Household Finance Consumer Discount Company assigned it's bid to Timothy J, Martz of314 Fourth Street, Summerdale, PA 17093, It being the highest bid and best price received for the same, Household Finance Consumer Discount Company, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$857,60. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Prothonotary Mileage Levy Surcharge Law Journal Patriot News Postpone Sale Share of Bills Distribution of Proceeds $30.00 16.82 15.00 15.00 30.00 10.00 1.00 11.84 15.00 30.00 274.70 307.27 20.00 16.47 25,00 Sheriffs Deed 39,50 $ 857,60 Swom and subscribed to before me This 1'Eo dayof~~....... 2005, A.D. Prothonotary So Answers: .~~?e~ R. Thomas Kline, Sheriff ~~ ?b'uV ~ l,uv tlL'/ J l. L ~ 6L, /1~ 1)9 McCABE, WEISBERG AND CONWAY, P. C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel 1. Boyer and Jerry L. Boyer Number 04-1796 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 IlS Front Street, West Fairview, PA l7025, 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 Mabel 1. Boyer and Jerry L. Boyer 118 Front Street West Fairview, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address Same as #l Above 3 . Name whose judgment Name and last known address of every judgment creditor is a record lien on the real property to be sold: Address Household Finance Consumer Discount Company P.O, Box 8604 Elmhurst, IL 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 of the last recorded holder of every 4 . mortgage Name and address of record: Name Address Household Finance Consumer Discount Company P,O. Box 8604 Elmhurst, IL 60126 Household Finance Consumer Discount Company 25 Gateway Drive Suite 107 Mechanicsburg, Pa 17055 The Redevelopment Authority of Cumberland 114 North Hanover Street Carlisle, Pa 17013 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. ' Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: Name other person of whom the interest in the property Address Tenant(s) lIS Front Street West Fairview, PA 17025 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 1620l Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of lS Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January IS, 2005 v DATE EN Attorney . McCABE, ESQUIRE or Plaintiff " LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of West Fairview, County of Cumberland and State of Pennsylvania, known in the Plot of said Borough as Lot No. 12, bounded and described as follows, to wit: BEGINNING at a point on the Western line of Front Street at comer of lands of Chester P. Egrignoli, et ux, which point is 208 feet measured in a Northerly direction from the center line of Market Street; thence by lands of said Egrignoli, South 84 degrees West, 139 feet to a point; thence by the line of a 16 foot alley, North 6 degrees West, 17 feet to a point; thence North 84 degrees East and through the center of a partition wall, 139 feet to a point on the Western line of Front Street; thence by the Western line of Front Street, South 6 degrees East, 17 feet to a point, the place of beginning. HAVING thereon erected half of a double dwelling house known and numbered as 118 Front Street, West Fairview, Pennsylvania. BEING KNOWN AS 118 Front Street, West Fairview, PA 17025, Being the same premises which Mabel I. Boyer, by deed dated the lOth day of May 1996, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 142, Page 581, granted and conveyed to Mabel I. Boyer and Jerry L. Boyer, mother and daughter, as joint tenants with the right of survivorship. TAX MAP PARCEL NUMBER: #45-17-1044-250 FX~ "nIl' r .t" . ,.... ,.. 'i ',.." ," u~' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification NUmber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Mabel I. Boyer and Jerry L. Boyer Number 04-1796 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Mabel I. Boyer and Jerry L. Boyer llS Front Street West Fairview, PA 17025 Your house (real estate) at 118 Front Street, West Fairview, PA l7025, is scheduled to be sold at Sheriff's Sale on JUNE S, 2005, 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 $90,615.00 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: l. The sale will be canceled if you pay to Household Finance Consumer Discount Company, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 l. 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 (2l5) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (2l5) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. 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 lO days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE 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 02/15/2005 11:10 FAX 215 790 1274 McCabe Weisberg 19J002l002 LEGAL DESCRIPTIO-.N ALL THAT CERTAIN piece or parcel ofland situate in the Borough of West Fairview, nlkfa East Pennsboro Township, County of Cumberland and State of Pennsylvania, known in the Plot of said Borough as Lot No. 12, bounded and described as follows, to wit: BEGINNING at '" point on the Western line of Front Street at comer of lands of Chester P. Egrignoli, et UX, which point is 208 feet measured in a Northerly direction from the center line of Market Street; thence by lands of said Egrignoli, South 84 degrees West, 139 feet to a point; thence by the Iin<o of a 16 foot alley, North 6 degrees West, 17 feet to a point; thence North 84 degrees East and through the center of a partition wall, 139 feet to a point on the Western line of Front Street; the~lce by the Western line of Front Street, South 6 degrees East, 17 feet to a point, the place of beginning. HAVING therecn erected half of a double dwelling house known and numbered as 118 Front Street, West FaiJ'view, Pennsylvania. BEING KNOWN' AS 118 Front Street, West Fairview, PA 17025. Being the same ?remises which Mabel I. Boyer, by deed dated the 10'" day of May 1996, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 142, Page 581, granted and conveyed to Mabel I. Boyer and Jerry L. Boyer, mother and daughter, as joint tenants with the right of survivorship. TAX MAP PAl~CELNUMBER: #45-17-1044-250 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-1796 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COM I' ANY, Plaintiff (s) From MABEL 1. BOYER AND JERRY L. BOYER (1) You arc directed to levy upon the property of the defendant (s)and to sen SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISIIEE(S) as fonows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof~ (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $90,615.00 LL Interest FROM 9/8/04 - 6/8/05 $4,067.70 AT 14.90 PER DIEM Atty's Comm oA) Due Prothy $1.00 Other Costs Atty Paid $504.32 Plaintiff Paid Date: JANUARY 24, 2005 CURTIS R. LONG (Seal) ProthonoY7Y n '--By: .....02.a-,.. <2 L'-- Deputy REQUESTING PARTY: Name TERRANCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney [or: PLAINTIFF Telephone: 215-790-1010 Supreme Court lD No. 16496 Alnd;lQ ;llBlsg 1u;l1I ~+'nM) /-rp9 (' :AH SOOZ '01 ,(mruq;ld :;llBQ 'U!;ll;lq P;llUlOdIo;)u! ;l;)U;ll;lPl S!ql Aq puu l!lM S!ql ql!M p;l1!:J "v" l!q!qXtI UO p;lq!l;)S;lP AHllJ ;llOUI 'M;l!Al!Ud lS;li\\. 'l;l;lllS lUOld 81 [ su p;ll;lqUInu puu UMOU)J /'-1;; ~~;>:~~, "..- '" ,. /'~v ~""-1' ~~~) t.. ,t{ Vd 'Aluno:::> puu{l;lqUIn:::> 'd!qsuMOl olOqsUU;ld lscg " U! P;llCTIl!S All;ldold [C;ll ;lql U! lS;ll;llU! s,lUCPU;lJ;lP ;ll{l uodn P;l!A;lUJ!l;lqS ;ll{l SOOZ '01 AlCruq;ld uO 01# ;lIcS ;llclsg IC;llI S t : II '\I 11 Z NVr SOOZ lid 'AHHlOJ ud'!!(Um~n:) j,m13HS 3Hl JO 3::J1.:L:lO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), p, L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Joumal, 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: April 15, 22, 29, 2005 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 char: cter of publication are true. ditor SWORN TO AND SUBSCRIBED before me this 29 day of April 'A SEAL LOIS E. SNYDER, Notary Public Carlislll BolO, Cumbertand County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 10 Writ No. 2004-1796 Civil Household Finance Consumer Discount Company VS. Mabel 1. Boyer and Jerry L. Boyer Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Borough of West Fairview, n/k/ a East Penns- boro Township, County of Cumber- land and State of Pennsylvania, known in the Plot of said Borough as Lot No. 12, bounded and de- scribed as follows. to wit: BEGINNING at a point on the Western line of Front Street at cor- ner of lands of Chester. P. Egrignoli, et ux, which point is 208 feet meas- ured in a Northerly direction from the center line of Market Street; thence by lands of said Egrignoli, South 84 degrees West, 139 feet to a point; thence by the line of a 16 foot alley, North 6 degrees West, 17 feet to a point; thence North 84 de- grees East and through the center ofa partition wall, 139 feet to a point on the Western line of Front Street; thence by the Western line of Front Street, South 6 degrees East. 17 feet to a point. the place of begin- ning. HAVING thereon erected half of a double dwelling house known and numbered as 118 Front Street, West Fairview, Pennsylvania. BEING KNOWN AS 118 Front Street, West Fairview, PA 17025. Being the same premises which Mabel I. Boyer, by deed dated the lOth day of May 1996, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 142, Page 581. granted and con- veyed to Mabel I. Boyer and Jerry L. Boyer, mother and daughter, as joint tenants with the right of survi- vorship. TAX MAP PARCEL NUMBER: #45-} 7 -1044-250. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of 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 andlor Sunday! Metro editions which appeared on the 26th day(s} of Apri] and the 3rd and 10th day(s) of May 2005. 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 "Moo, Volume 14, Page 3]7. COpy SALE #10 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 , Statement of Advertising Costs . To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 307.27 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... REAL ESTATE SALE No. 10 Writ No.2OlI4-1796 CIvII1<<m HOUHhoId FInance Conaum8l' DlIIcount Co. V. Mabel I. B~and Jany L. r Ally: T......... DESCR"'!JON All rHAT CERI'AIN pi<<< or paro:I ofland situate in the Borough of~st Fairview,n!kIaEast Pennsboro Township, Coliitty of C1lmI>erland Ilod S1ale of Ponnsylv.....known in 1he Plot of said BMlOgh "lot No. 12. bounded and described " follows,towit: BEGINNING ata pointoo1he _line of Front Street at ccmer of Iands of ChesteI P. Egrigooli, et ox. which point is llJ8 feet_ in a Northerly direction from the center line of Maltet Street; Iheo<:e by lands of said Egrigooli, South M del!'= W..., 119leet ll>' point; 1heote by 1he line of a 16 foot aIJey, North 6 degrees West, 17 feetll>' point; thoore Nodb 84 degrees East and tbroogh tbecenlerof a p<II1itioo wall, 119 feet ll> a point 00 1he W-.Iine ofFroot S_; thence by 1he _line ofFroot Street.Sooth 6 del!'= East, 17 feet IQ a point, 1he p!llce of BEGlNNING. HAVING _ <00<<1 half of a donblt dwelling house known Ilod-'>ered ,,118 Froot Street.WestFairview,Pennsylvania. BEJNG KNOWN as its Frollt Street, West FaiJView,PAl7025. BEING the .... ~ whicb MJibel 1. Boyer, by deed dared the Illth day of May 1996. and_in the Office ofthe_inllod for Comberlmul Coonty in Il<ed JlooI; 142.l'1ge 581,graottd and conveyed ll> MJibel 1. Boyer Ilod Jerry 1. Boyer. _ and daoghter. " joint ....... wiIh therigblof .....,rnbip. TAXMAPPARCELNo.45-11-1044-250. McCABE, WEISBERG & CONWAY, P.c. BY: TFRRENCE .1. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaiutiff Household Finance Consumer Discount Compan:y Cumberland County Court of Common Pleas VS. Mabel!. Boyer and Jerry L. Boyer Number 04-1796 Civil Term ASSIGNMENT OF HI/) AT SHERIFF'S SALE Ilouschold Financc Consumcr Discount Company, was the successful bidder at the Sherin's Sale conducted by the Sheriff of Cumberland County on the 7'h day of September, 2005. Household Finance Consumer Discount Company. hereby assigns its bid for $1.00 and other valuable consideration to Timothy J. Martz. without recourse for the property known as 118 Front Street, We.I'f Foirl'ieu', PA 17IJ25. McCABE, WEISBERG & CONWA Y, P.c. BY: ~ Y;?',,2: LICC U<: {'(lLe 'fERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff "'i 1'2- rc'L / D^'/'/::_~{) (~" Ie: I o " ~ ~~ c..c., ,- L