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HomeMy WebLinkAbout09-0576n? McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 ,41ARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company 961 Weigel Drive Elmhurst, Illinois 60126 Cumberland County Court of Common Pleas Number 01- ?-7 u NO V Ym V. Constance L. Ross 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 Diane L. Ross 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas ]as provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O 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 ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Constance L. Ross, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055. 3. The Defendant is Diane L. Ross, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055. 4. On August 22, 2007, 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 Instrument #200733353. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due December 27, 2007 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 $ 152,397.26 Interest through February 3, 2009 $ 15,420.75 (Plus $35.45 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 842.38 GRAND TOTAL $ 169,910.39 Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $169,910.39, together with interest at the rate of $35.45 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: ci Attorneys for P intiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for L ff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE J ROBERT P. ZIEGLER j RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200733353 Recorded On 8/27/2007 At 11:25:29 AM * Instrument Type - MORTGAGE Invoice Number- 3043 User ID - AF * ?Mortgagor - ROSS, DIANE L * Mortgagee - HOUSEHOLD FINANCE CONS DISC CO * Customer - HFC * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $23.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages -11 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA v +/ RECORDER O D DS ti:sa " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. i002MOiruo 12/08/2008 8:58:28 AM MBE [1C " Inst.# 200733353 -Page 11 of 11 51x, 1 it A tel: •. This instrument was prepared by: '""11D FIR6NQ f'n,- pQ qr"ss ,??-r,..Y PA 17pfwx' (Address Return To: Records Processing Services 577 Lamont Road Elmhurst,IL 60126 (8W) 547-8776 713303 . MORTGAGE IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 22ND of AUGMT 2007 between the Mortgagor, DIANE L. ROSS AND CONSTANCE 1-7-NO-SS, MAM DOWED herein Borrower an Mortgagee HOUSEHOLD NANCE CONSUMER DI a corporation organs and existing under the laws o LV A whose. address is 25 GATEWAY DRIVE, GATEWAY SQUAREISUITE 107, MECRMIUMUU,_PA_ 17055 herein "Lender"). The following paragraph preceded by a checked box is applicable. X WHEREAS, Borrower is indebted to Lender in the principal sum of $,52 • 2Q, F,8 _ evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage oan Agreement dated AurtNT -22 2QQ-7 and any extensions or renewals thereof (herein ";Vote"), providing for monthly installments of principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not`s(x)ner paid, due and payable on ALISMT 2? . 2t7S4 El WHEREAS, Borrower is indebted to Lender in the principal sum of $ or so much thereof as may be advanced pursuant to Borrower's Revolving an Agreement ated and extensions and renewals thereof (herein "Note"), providing for mont ly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate 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 (1) 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 agreements 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. SEE EXHIBIT A-LEGAL DESCRIPTION pp "R72425E50K9aMTO9o00PA0013010"KROSS ¦ ORIGINAL 11-11-05 MTG PAD01301 17IM?nAR R'"-9R AAA r:I IMRFRI AND COUNTY Intl 200733353 - Page 1 of 11 -2- TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all 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 covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and 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, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest (including any variations in interest resulting from changes in the Contract Rate that may be specified in the Note) on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (0) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer- Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 12. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current, If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 or as may be required by the Note andlor applicable law, all payments accepted and applied by Lcnder shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the ?dote; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment 11-11-05 M7G •R7242SESOK9$WGI000PA0013020*XROSS " ORIGIML PAN 13112 1210WOOR 8.58.28 AM CI IMSFRI ANn COUNTY Inst.0 200733353 - Paoe 2 of t t -3- and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Volunstary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Peridic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Pees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Fscrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to malce such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35000, as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this security instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related mortgage loan" under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) 11-11-05 MTG PA001303 "R72425ESOK98MTSB000PAOD13030•"RDSS W DRIGIMt 12!082008 8:5B,28 AM CUMBERLAND COUNTY InatJ 290733353 - Paae 3 of 11 -4- or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits bender to make such a charge. Unless an agreement is made in writing or Applicable Law requites interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RFSPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall. account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Prior Mortgages and Deed of Trust; Charges; Lions. 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 pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 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 mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has 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 lossif 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 claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums scoured by this Mortgage. b. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or 11-11-05 MTG PA001304 1 ?r?rrwrr?rrr?r®rrr?? "R72426ESD"WrGI000PA0013040mmMSS H ORIGINAL 12/08/2008 8:58.26 AM CUMBERLAND COUNTY - Inst.# 200733353 - Pape 4 of f I -5- governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects bender's interest in the Property, then Lender, at bender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. ' 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonablecausetherefor related to Lender's interest in the.Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lcndcr, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any 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 agai nst such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. Thecovenants and agreements herein contained shall bind, and ilia 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 mortgage, grant and convey that Borrower's interest in the Property to Lander under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accom modations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borro wer provided for in this Mortgage shall be given by delivering it or by mai ling such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Gender 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 as provided herein. Any notice provided for in this Mortgage shall bedeemed to have been given to Borrower or Lender when given in the manner designated herein, 13. Governing Law; Sevcrability. The applicable law contained in the Note shall control. Where no applicable law is contained therein, the state and local laws applicable to this Mortgage shall be the laws of the jurisdiction will ini J 11diffilfigM t Iapplicabilit - in 11-11-05 MT6 pp "R72426ESDK9$WOBO00YA0013050*%ROSS X ORIGINAL 1910RnnnA R•5R-9R Ana CUMBERLAND COUNTY InsL# 200733353 - Page 5 of 11 -6- of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys: fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrowershall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan 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 any rights, claims or dafensw which Borrower may have against parties who supply labor, materials or services i n 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 (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a pint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the 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 an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or W any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information 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 sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NON-UNIFORM COVENANTTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 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: (1) 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 ;;suit in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The 11-11-05 MTG PA061306 %?R72426E5DK48M708000PA0013060aMa0SS ¦ ORIGINAL 1'NnA(9nnA A ,A•9A AM r.I IMRFRIANr) COUNTY Inst.# 200733353 - Pace 6 of 11 -7- notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this 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 and costs of documentary evidence, abstracts and title reports. 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 any proceedings begun by Lender to enforce this Mortgage discontinued at 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 Mortgage 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 paragraph 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 obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns 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 and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property 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 actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead, Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22. Interest Rate After Judgment. 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. 23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. 11-11-05 MTG PA001307 *R72426ESDK96MTGODOOPA0013070N*ROSS w ORIGIN 12/0812008 8:58:28 AM CUMBERLAND COUNTY Inst.# 200733353 - Page 7 of 11 -8- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the }older 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. Diane L Ross °:5 - r K B adford Ross este Owner C Constance L Rosa rio>ger I hereby certify that the precise address of the Lender (Mortgagee) is: 75 Gateway Drive . Su to 107, Meehanigsbure,.PA 17050 On behalf of the Lender. By: Ryan D Russell ?'??Title Branch Manager COMMONWEALTH OF PENNSYLVANIA, County sw 1. Bernadette Heffelfin er a Notary Public in and for said county and state, do hereby certify that i e L Ross nd Constance L Ross Married, Widowed K Bradford Ross personally known to me or proven satisfactorily to be the same persons whose namc s r subscribed to the foregoing instrument, appeared before me this day in person, and acknow edge that t he y signed and delivered the said instrument as their free voluntary act,. Tor the uses and purposes therein set forth. gas.... st 20 07 ,;,under my hand and official seal, this 22nd d A t ,t ki.'qn expires:/ y a-7 ta ALTH OF PENNSYLVANIA, County ss: F ONWE a Notary Public in and for said county and state, do hereby certify that personally known to me or proven satisfactorily to be the same person(s) whose name(s) subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge- IF Wt he signed and delivered the said instrument as free voluntary act, For the uses and purposes therein set forth. Given tinder my hand and official seal, this My Commission expires: 11-11-05 MTG COMMONWEALTH OF PENNSYLVANIA Notarial Spec bwnadaMp M F1etTaptrW, Notary p K, LMWPw ton Twp., t)&#M o,,,tY tb Nov, 24.2007 6qr w. PlneEYl OWS ASSOCIMW Of NoWdee "R72428ESUKSWTOODOOPA00130811"4ROSS " ORIGINAL day of . 20 Notary Public PAGO13DB ?1nA0AnA R• R 7R AM CUMBERLAND COUNTY Inst.# 200733353 - Page 8 of 11 -9- (Space Below This Line Reserved For Lender and Recorder) 11-11-05 MTG "R72426E5DK99MTG6DOOPA00130900f"ROSS ORIGINAL PA001309 ,97nnnn0A R :SR'PR AM CUMBERLAND COUNTY Inst.# 200733353 - Page 9 of 11 EXHIBIT A (PAGE 1) ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF MECHANICSBURG IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 02/07/2006 AND RECORDED 02/2112006, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 273 AND PAGE 1163. TAX MAP OR PARCEL 10 NO.: 17-23-0561-108 "R724Z6E50KSBMTG6000PA00130ODm*ROSS ORIGINAL 9MAJ9WA R .4A 9A AM CUMBERLAND COUNTY Inst-# 200733353 • Page 10 of 11 I?j 't3 P-14 w° M i .c- :ts tv CA IR SHERIFF'S RETURN - REGULAR CASE NO: 2009-00576 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS ROSS CONSTANCE L ET AL STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROSS CONSTANCE L the DEFENDANT , at 0020:15 HOURS, on the 24th day of February , 2009 at 1121 APPLE DRIVE MECHANICSBURG, PA 17055 DIANE ROSS ADULT DAUGHTER OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.00 Affidavit .00 Surcharge 10.00 .00 37.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 02/25/2009 MCCABE WEISBERG & CONWAY By: 1 2e? eputy Sheriff A. D. rri wM r SHERIFF'S RETURN - REGULAR CASE NO: 2009-00576 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS ROSS CONSTANCE L ET AL STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROSS DIANE L the DEFENDANT , at 0009:45 HOURS, on the 12th day of February-, 2009 at 1121 APPLE DRIVE MECHANICSBURG, PA 17055 WILLIAM ROSS by handing to ADULT SON OF DIANE ROSS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 9.00 Affidavit .00 Surcharge 10.00 , R. Thomas Kline .00 25.00 02/25/2009 MCCABE WEISBERG & CONWAY Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. r `g ?,, .: '' ,'?`r -r ' ?•s .:? ?.:; s'?7 .. . ,?:. MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff V. Constance L. Ross and Diane L. Ross Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-576 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned m;rnrr for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as 1i6 llo ,>: Principal $ 169,910.39 Interest from 02/04/09 to 03/31/09 $ 1,985.20 Total $ 171,895.59 TERR NCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this _L day of Otl I , 2009, Judgment is entered in favor of Plaintiff, Household Finance Consumer Discount Company, and against Defendants, Constance L. Ross and Diane L. Rm. and damages are assessed in the amount of $171,895.59, plus interest and costs. BY T E PROTHON RY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff V. Constance L. Ross and Diane L. Ross Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-576 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants, Constance 1. Ross and Diane L. Ross, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Constance L. Ross and Diane L. Ross, are over eighteen (18) years of age, and reside as follows: Constance L. Ross 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 S RN AND SUBSCRIBED BE ORE ME THIS 3 st DAY OF 44ARCH 2009 ARY PUBVIC COMMONWEALTH OF PENNSYLVANI;? Notarial Seal ? ? , Notary Pubk . Ow* JW we J yof,Zp10 e, Pennsyivano Assneiation of Notaries Diane L. Ross 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 L ? Vll TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff V. Constance L. Ross and Diane L. Ross Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-576 CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law.. deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment woii!d 1)c entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BE?ORE ME THIS _3DAY OF /-,MARCH A 2009 NoWMS" MAN GaWn Cily01Philad ,hlot" Publc *r& mftwp* Member, Pew nn? Eor •2090 Nlntlon of Notaries i TERRENCE J. McCAB , ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he i 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' IS PA.; . -, Section 4909 relating to unworn falsification to authorities. TER CE I McCABE, E & MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS l Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary March 19, 2009 To: Constance L. Ross 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 Household Finance Consumer Discount Cumberland County Company Court of Common Pleas VS. Constance L. Ross Diane L. Ross Number 09-576 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR By ATTORNEY AND FILE IN WRITING WITH THB COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY HE ENTERED AGAINST YOU WITHOUT AHEARING AND YOU MAY LOSE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IV YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WTCII INFORMATION ABOUrAGENCMS THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 BY: Attorneys for Plaintiff TERRENCE J. McCABE, MARC S. WEISBERG, El EDWARD D. CONWAY, MARGARET GAIRO, ES ANDREW L, MARKOWI NOTIFICACION IMPORTA N'1' 1,. LISTED SE ENCUENTRA EN ESTADO DE REBF.LDIA 1'( l ?' :: ..3` h PRESENTADO UNA COMPARECENCIA ESCR:' /\. 1 A PERSONALMENTEOPORA130GADOYPORNOHAHER;2/t')'.; ESCRTTO CON ESTE TRIBUNAL SUS DEFENSES U (7 L"( RECLAMOS FORMULADOS EN CONTRA SUYO. A:. ACCION DEBIDA DENTRO DE DIEZ (10) DIAS I)f 1.A ;".C' NOTIFICACION, EL TRIBUNAL PODRA, SIN KtiCi COMPARECER USTED EN CORTE U O1R PREUBA A:.G',:vr, SENTENCIAENSUCONTRA YUSTEDPODRIAPERDI',R3!F.1CS DERECHOSIMPORTANTES. USTED LE DE13E TOMAR ESTE PAPEL A SIl A!10(:A1)0 INMEDIATAMENTE. SI USTED NO TIENE A UN ABOUAUf;, VA A C; TELEFONEA LA OFICINA EXPUSO ABAIO. ESTA OFICINA !.:) i'l:i.tr> PROPORCIONAR CON INFORMATON ACF,RCA Dli ABOGADO. SIUSTEDNOPUEDEPROPORCIONARPARAEMPLEA%:)N,1I'W(; ) ESTA OFICINA PUEDE SER CAPAZ DE PROPOR( iU;,,A,'_ INFORMAC16NACERCADELASAGENCIASQUEPUCiM 1,f; SERVICIOS LEGALES A PERSONAS EIXGIBLES FIN 1,,14 REDUCIDO NI NINGUN HONORAR10. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania I 3 (800) 990-9108 ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary To: Diane L. Ross 1121 Apple Drive Mechanicsburg?Pennsylvania 17055 Household Finance Consumer Discount Company vs. Constance L. Ross Diane L. Ross Cumberland County Court of Common Pleas Number 09-576 Exg\l a NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY HE ENTERED AGAINST YOU WITHOUT AHEARINGAND YOU MAY LOSE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THATMAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 NOTIFICACION IMPORTANNJ 1 LISTED SE ENCUENTRA EN ESTADQ DE REBELDIA POR N,) i !A ;f 1 ;e PRESENTADO UNA COMPARECENCIA F,SCRITA, ) h ' j A PERSONAI,MENTE O POR ABOGADO Y POR NO HABFIt R AD::: A ; ; ! u? ESCRITO CON ESTE TRIBUNAL SUS DEFENSES U OH.IT[Ct(? J! `• ": Ci •':.: : n RECLAMOS FORMULADOS EN CONTRA SUYO. Al, N() ACCION DEBIDA DENTRO DE DIEZ (110) DIAS DE LA HiU: . NOTIFICACION, EL TRIBUNAL PODRA, SIN Nl7<' i COMPARECER LISTED EN CORTE U OIR PREUBA ALCUNA, s SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER H II :N''.' S S DERECHOSIMPORTANTES. LISTED LE DEBE TOMAK ESTE PAPEI, A S;. INMEDIATAMENTE. SI USTED NO TIF;NE A UN AI;OGA:) i TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA O;'i('1NA PROPORCIONAR CON INFORMACION ACERC:A DEi ABOGADO. SI USTED NO PUEDE PROPORCIONAR,PARA EMPL.EAIt I IN A i 5? A A t u ESTA OFICINA PUEDE SER CAPAZ' OF. PROPOItCIONAai. ! !•:c 2!.IS INFORMACIONACERCADELASAGENCIASQUEPUEDI:NO:)? SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN I"!O V ;; t n; t ? ') REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pe ania 17013 (800) 99W 08 BY: Attorneys for Plaintiff TERRENCE J. MCCABE, E UIRE MARC S. WEISBERG, Es EDWARD D. CONWA'Y, SQuiRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE March 19, 2009 3 ?hS?l 10 0,01 V 0 *`i to So to ,?a a 6d? odd (1?G OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Constance L. Ross 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 Household Finance Consumer Discount Company Plaintiff V. Constance L. Ross and Diane L. Ross Defendants COURT OF COMMON PLEATS CUMBERLAND COUNTY No. 09-576 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been en ered in the above p1'0cc";1.r as indicated below. Prothonotary X Judgment by Default - Money Judgment - Judgment in Replevin - Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Diane L. Ross 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 Household Finance Consumer Discount Company Plaintiff V. Constance L. Ross and Diane L. Ross Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-576 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been tered in the above procc as indicated below. Proth ary X Judgment by Default - Money Judgment - Judgment in Replevin - Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway. P.C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA_ CIVIL DIVISION Household Finance Consumer Discount Company V. Constance L. Ross and Diane L. Ross FILE NO.: 09-576 Civil Term AMOUNT DUE: $171,895.59 INTEREST: from 04/01/09 $4,380.30 at $28.26 ATTY' S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature: Print Name: MCCABE, WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: ,(215) 790 1010 Supreme Court ID No. L Hi.}-:_ OF ',!,;'.';. ' ,;?;ARY 26 At'! 10: "j, I Cu ,gipy 4 .oo 37.00 a.5.00 7$ .So Woo a. so Po A-rw aRF N ?t ?- oo -PQ A't'N *a.oo bveCo • so LL eACiF tq'15(. R& 2 -t5 Ls 4 S .. lob McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company CUMBERLAND COUNTY Plaintiff V. Constance L. Ross and Diane L. Ross Defendants COURT OF COMMON PLEAS NO: 09-576 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owners or Reputed Owners Name Constance L. Ross Diane L. Ross Address 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 2. Name and address of Defendants in the judgment: Name Constance L. Ross Diane L. Ross Address 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 3 4. 5 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Dauphin Deposit Bank and Trust Company Address P.O. Box 4800 Harrisburg, Pennsylvania 17111 Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Address 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Name and address of Attorney of record: Name Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Address 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. , May 20, 2009 _ TERRENCE J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff OF ?N" rc: r Y ?r?, 2'09 MAY 26 1`110* l McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Household Finance Consumer Discount Company COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Constance L. Ross and Diane L. Ross Number 09-576 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Constance L. Ross Diane L. Ross 1121 Apple Drive 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 Mechanicsburg, Pennsylvania 17055 Your house (real estate) at 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on September 2, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $171,895.59 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Household Finance Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find C-1 out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Household Finance Consumer Discount Company COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Constance L. Ross and Diane L. Ross Number 09-576 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Constance L. Ross Diane L. Ross 1121 Apple Drive 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 Mechanicsburg, Pennsylvania 17055 Your house (real estate) at 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on September 2, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $171,895.59 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: The sale will be canceled if you pay to Household Finance Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-576 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From CONSTANCE L. ROSS and DIANE L. ROSS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $171,895.59 L.L. $.50 Interest from 4/01/09 at $28.26 -- $4,380.30 Atty's Comm % Due Prothy $2.00 Atty Paid $181.00 Other Costs Plaintiff Paid Date: 5/26/09 (9zt,& g O.A Curtis R. L rothono (Seal) By: REQUESTING PARTY: Name: TERRENCE J. McCABE, ESQUIRE Address: McCABE, WEISBERG AND CONWAY, PC 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Deputy Telephone: 215-790-1010 Supreme Court ID No. 16496 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff V. Constance L. Ross and Diane L. Ross Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-576 AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the I Ot' day of June, 2009, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS IOTH DAY OF JUNE, 2009 N TARY PUBLIC COMMONWEALTH OF P NNSYLVANIA NOTARIAL SEAL GLORIA D. MITCHELL, Notary Public City of Phkdelphia, Phila. County M Commission Exph% June 2, 2011 r'? Adti. A 141 k TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company CUMBERLAND COUNTY Plaintiff V. Constance L. Ross and Diane L. Ross Defendants COURT OF COMMON PLEAS NO: 09-576 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owners or Reputed Owners Name Address Constance L. Ross 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 Diane L. Ross 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 2. Name and address of Defendants in the judgment: Name Constance L. Ross Diane L. Ross Address 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 1121 Apple Drive k4pe-hnnii-chrnra PPnnc,rIvnnin 17NKS 3 4. 5. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Dauphin Deposit Bank and Trust Company Address P.O. Box 4800 Harrisburg, Pennsylvania 17111 Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Address 1121 Apple Drive Mechanicsburg, Pennsylvania 17055 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Name and address of Attorney of record: Name Address 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. May 20, 2009 TERRENCE J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff V. Constance L. Ross and Diane L. Ross Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-576 DATE: June 10, 2009 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Constance L. Ross and Diane L. Ross PROPERTY: 1121 Apple Drive, Mechanicsburg, Pennsylvania 17055 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 2, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. IO N I ?. O O 3 X a o t ? O eDo rn .J. A ?n cr, 0 A C d o0 J y ? ? U y_ A J? A O C O - P_ 0 ?o a H? ?a??,? 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