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Home My WebLink About04-2901 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 Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation 636 Grand Regency Boulevard P.O. Box 2369 Brandon, FL 33510 v. Charles A. Winn 924 North College Street Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04 - ~ 901 ciu~L ~f/l...~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If YOll wish to defend against the claims set forth in the following pages, YOll must take action within twenty (20) days after this complaint and notice afC 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 afC warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by tbe 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 THATMA YOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA, 17013 800-990-9108 A VISO Le han demandado a llsted en 1a corte. Si usted quiere defenderse de estas demandas ex~puestas en las paginas siguientes. usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Haee faIta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted DO se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas,la corte puede decidir a favor del demandante y requiere que usted eumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes pata usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, V A A 0 TELEFONEA LA OFlCINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A 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 AssociatioD 2 Liberty A venue 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 Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation 636 Grand Regency Boulevard P.O. Box 2369 Brandon, FL 33510 Attorney for Plaintiff Cumberland County Court of Common Pleas v. Charles A. Winn 924 North College Street Carlisle, PA 17013 Number CIVIL ACTIONIMORTGAGE FORECLOSURE 1. Plaintiff is Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Charles A. Winn, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 924 North College Street, Carlisle, PA 17013. 3. On 03/23/2000, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Irwin Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1602, Page 582. 4. On 10/02/2000, the aforesaid mortgage was thereafter assigned by Irwin Mortgage Corporation to Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation, Plaintiff herein, by Assignment of Mortgage recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book 656, page 40. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 924 North College Street, Carlisle, PA 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2004 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 $ 10 1 ,556.59 Interest 1210112003 through 06/16/2004 $ 10,510.98 (Plus $ 28.38 per diem thereafter) Attorney's Fee $ 5,077.82 Late Charges $ 845.90 Corporate Advances $ 3,864.78 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 122,406.07 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. ~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 $122,406.07, together with interest at the rate of $28.38 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~~~~(&!:O~ Attorney for Plaintiff VERIFICA TlON 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 PAC.S. ~4904 relating to unsworn falsification to authorities. ~ J1110Jlfi ~ YVl a~11 b---... Terrence J. MC~ ., . '; . lib... .....0....... ..11 to I 'lMB 1C0M'GlUlB COIlPOM'1'XOII 4222 COX ROAD SUITE 200 OLD ALLIIJI, VA 23060 ~ LOAM " 6249182-4 Parcel Number: 06-19-16U-IU -(s.... A.... T.... u.. F.. .......... DotoJ MORTGf\GE THIS MORTGAGE C'Sealrity IllStI1IIIIeIII") isgi''C1l Oil MARCIi 23, 2000, ~ A litO. A _lBD IWI The monpllOt is C 'Borrower' '). 'flUs Security InsttUlllCllt is gi,'en 10 I1tlfU MO_ COIlPORA'1'lOll, ; . , ex.istill8 under the laws o( TIm STAn OP IBDllUlA. 8J1d whose address is 9265 COtJ]lSRLOR' B RON. U'DllUIAPOLIS. IR Ua40 . which is orpnized 8IId ("Lender"). BOrrowerowcsLendertheprincipalsumof ...................00 BUJrDRI:D ftllD: ftOUSAlQ) AIID 80/100 .,..--.*...-.........-..-.-.---......-..-.-..-.-.-.--.**........*********_.****. [kd~ (U..S. $103,000. DO ). ThisdcfltiSevldClQdbyBonower'snotedatedthesameclateaslhlsSecurlty IllStnllllCllt('"Note"). wIlich pmide$ (or IlIOIllhIy pa)'llICIIIS, with the filII deb~ ifnot paid ~ier,due and payable on APIUL 1, 2030. This Seeurity IIIS1I1IIIICIlI 5CCIIRS to Lender: (a) the repayment of the debt evidenced by the NoIe, willt intm.st, lIJId all reDC\\'lIIs, exjensiolls lIJId modificatiol1S of tbe Note; (Il) the pa)'menc o( all othci- sums, willt interest, advanced under paraSJ'8Plt 7 10 protect the security of this Security InstrUment; and (e) Ihe performance of Borrower's c:ovellalllS and aa-mems under Ihls Securi1}' Instrument and Ihe Note. For this purpose, Borrower does hereby mortgage, grant and con,'C)' to Lender the (oIlowill8 described ~Ity localed in ~BIILAlID County. Pennsylvania: rn r I PENNSVLVM'L4-SmpFomily-FNMAlFHLMClINlf'OllMINSTRIIMENT . X,,1U.h. lNV F.i.JOJ"I9O~5/9t . Pace J of8 'A_D I PALDEED 112 rxniblt A . . UOA8 .. 62"112-' SIIiIli LJ:GAL _CIUPTIO. ATTACHIID IIJ:IIIIi'1'O AJID MADE A PAM' RIrIll:OP. ~ ,. 06-1'-16'3-1" wlUCh has lhe address of '2' .OItTR COLt.BGI: ftUl'1' CARLISLJ:, ("Propeny Address"): I_Cay). Pennsylvania 17013 IZipCodt, TOGETHER WIrn all the improvemelllS now or lIcreatIer erected OII/be property, and all easements, appurtellallo;es, and fiJIlures now or heteafter a pan oflhe proput,. All repl_nlund ~tions shall also be covered by Ihis Security Instrument. AIl oflhe fOregoing is referred 10 in this Security Instrument as lbe "~." , BORROWER COVENANTS that Borrower is IawfWIy seised ofJheestate IImby alllveycd and has the right 10 mo"gagt, granl and c:onveythePropertyand thatlbe Property is uneneumbeml. except forencumbranc:csofrec:ord. Borrowerwarrams andwill defend p'nerall)' lhe lille 10 the Property against all claims and cIomands, subject 10 any Cncumbl1UlCeS of record. , nus SECURITY INSTRUMENT combines unifonn c:ovenants for national use and IIOII-uniform covenanls with limited . w!riations by jurisdiction 10 COIlSlilUle a uniform security instnUllellt. cOYering reaJ property. ; (iN/FORM COVENANTS. Borrower aDd LeDder c:ovcnant and agRlC as follows: . J, h)meftt ofPrillCipal ancI"!emf; PrepayJllent and LateCblUJlel. Borrower shall promptly pl)'wbell dlletM princ:lpaI of;and interesl on the debl evidenc:ed by lite NOle and any prqllIyIIleI\t and Iale charges dIIe udder !he NoIe. ; 2. Fund. for Taxes and ""ranee. SulIjca to appliQbte law 0110 a ..Tinen waiver by Lender, BorJOwer shall pi)' 10 Lender 0,\ lhe clay montIJJy payments are clue UIIder !he Note, until the Note is paid in MI, a sum ("Funds") for: (a) yearly taxes and asSessments whic:h may aRain priOrityoverthi. Sec:urity IlISltUmcnt as a lien on the Property: (b)ycarly leasehold payments orground te.i\tson /be Propeny.lflllly. (c)ycarly hazard orpropeny insurance pmmums; (d)yearly flood insurance premiums. if any; (e) yearly I119rtgage insurance premiums, ifany; and (f) anysumapayableby Borrowcrto Lender, inaccordancewitbtbeprovisions ofparagrapb 8, in lieu ofthe payment of mortgage insurance premiums. ThcJc ite~ &Ill called "Escrow Ilems. .. Lender may, at .ny time, c:ollca and hold Funds in an alllOllnt Dot to exceed the maximum amounl a lender for a fedcralIy related mottpge IoalI may require for Bonower's escrow account under the federal Real Eslatc Settlement Procedures Act of 1974 asamencled from time 10 time, 12 U. S.C. Seption 260 I ~I uq. C"RESPA "), unleslllnother law chal applies to the Funds SClS a lesseumounl. If so, Lender may, II any tillie, collect and hold Funds In an amount IlOIlO ellceed the Jesser amount. Lender may estimate the IImOUIIt of Funds dIIe 011 the basi. of cutrent data and reasonable estimates of c")lellditures of lUture EaclOw Items or otherwise in acconlance with appIicaJJIe law. : Thc Funds shall be held in an institution whose deposits are insured by a federal asenc:Y, instrumentality, or entity (including Leilder. if Lender is such an instilution) or in any Federal Home Loan;Bank. Lender shall apply the Funds 10 pay the Bacrow Items. Lejlder may nOlcharge Borrower for holdingancl applyinglbe Funds, annually analyzing lhe escrow=um. orverif)ing /beEsaow Items, unlcss Lenderpays 80mlWer interest on tlte Funds and applkable law petmits LenderlO mabauch a charge. However, Lender, tna). require Borrower to pay a one-timechargc for an independent real estale laX reporting service used by LeDder in ~n wiJh Ihi~ loan, unlessapplicable law provides otberwise. Unless anagreemenlls made or applicable Jaw requires inleresllObe paid. Lender . sh.1I 1101 be required to pay Borrower any inlerest or earnings 011 the Funds. Borrower aDd LencIer may agree in writing, ~, chat inletest shall be paid on tlte Funds. Lender shall give to Borrower,. without charge, an annual aa:ountIng of/be funds, s/lowing c~tS and debilS 10 the Funds and tbe JlU11lOSC for which each debilto !he Funds WII& made. The Funds are pledged as additional 5CCUrily for all sums secured by this Security Instrument , PENNSYL v"'...... Sh1cl< FunUy .FNl\fAIFHLMC IONIFORM IIISTRVMENT Fori. J039 9190............ 5171 Page 2 ofa ~ I. lattt.l., rJt) PALDEED . . ~ II '2"182-' If Ihe Funds held by under exceed tlle amounts pcrmined to be held by applicable la.... under shall aerount to Borrower for Ibe excess Funds in lKCOrdance "ith Ibe Rquircmenl5 of applicable law. lfthe amount oCthe Funds held by Lender at any time is /101 sufficienlto pay the Escrow Items when due, Lender may 50 notify Borrower in writing, and, in such case Borrower shall pay to Lender the amounl necessary 10 make up the deficiency. Borrower shall malee up the deficiency in no more than twelve monlhly """menlS, al Lender's sole discretion. . Upon payment in full ofall sums secured by Ihis Security Instrument, Lender shall promptly refund to Bonower any Funds held by Lender. If. under paragraph 2 I. Lender shall acquire or .,,11 the Property, Lender, priOrlO rhe aClquisition or sale of the Properly, shall apply an}' Funds held b)' Lender at the time of a<:quisilion or sale asa credil against lhe sums secured by Ihis Security In_nt. , 3, AppliclIlon of Payments. Unless applicable law provides olhelWise, aU payments receMd b)' under under paragraphs I 'and 2 shall be applled: first, to any prepa)'meDt cbarges due under the Note; second, to amounts payable under paragraph 2; Ihird, to interest due. fO\l:lh, 10 principal due; and last, to any /ate ebarJC~ due under the Note. . 4, Cbarger, LIe.5o Borrower shan pay all laXes, assessments. charges, fines and impositions attribu1able to the Propertp.hich may attain priorilyover this Security Instrullleld, and le:uehold paymenlS or ground renls, ifany. Borrower shan paylheseobligalions il1lhe manner pr..:nojded m panl8flIIlh 2, or if DOl paid in thai manner, Borrower shan pay them on time directly to lhe person owed payment. Bonower shall promptly furnish 10 Lender all notices ofamOunlS to be paid under this para8fllllh. If Borrower makes these pa)'IlICDts directly, Borrower shall promplly furnish 10 Lender receiplS mdencing lhe paymtlllS. . Borrowershall promptlydiscltarge any lien which has priorityover this Security Instrumenl unless Borro...er; (a) agrees in ...riling to the pa}'D\er~ of the obligalion secured by tlle lien in a IIUll\JIer aca:pIable to L~nder. (b)conk:sts in good faith the lien hr. orddemls against enforcement ofthe lien in, legal pnxeedings ",hich in lhe Lender's opinion opera Ie to P'''''COllhe enforcement of Ihe lien: or (c) secures from the holclr:r of Ihe lien an agreement satisflCtoly 10 Lender subordlnatioglhe lien to lhis Securitr InsllUltteJIt. If Lender cletennines thaI any pan oflhe Property is subjet;lto a lien w~ich may anain priority ewer this Security lnstnunent, Lender may give Bormwer a norice identifying Ihe lien. Borrower shall satisfy the lien orllkeoneor more oflhe lK'lions set forrh above ..ithin JO days oflhe giving ofnocice. : S, Hazard or Property (n..ranee. Borrower shall keep the improvements now existing or hereafter em:ted on the Property insured against loss by fire, haurds included wimin the u:rm "~nded co...,rage" and any other haz.anIs, including lloods or flooding, for which Lender requires iRSUllln<>e. This insurance shall be maintained in Ihe amounts and for the periods tIw Lcnder requires. The insurance eanier providi1l1l the insurance shall be chosen by Borrower subjeCllo Lender's II'PfOY8I which shall DOl be: unreasonably "ilhhe'd. If Borrower fails to maintain --erase desCribed above, under may, al Lender's option, obtain coverase to:protect Lender's rillhts in the Property in accordan4:e witll paragraph 7. , All insurance policies and 'eoewals shall be acceptable 10 LendCr and shall include a standanl mOflgage clause. Lender slIaIl havc lhe right to hold lhe policies and renewals. If Lender ~uires; Borrower shall promptly give to Lender all n:ceipts of paid premiums and renewal noliteS. In the event ofl055. Borrower slIalJ'give prompt notice to lhe insurance earri" and Lender. Lender oW '!'Ike proof of loss if nO: made promptly by Borrower. : ~ UnlessLendc, anclBorrower otherwiseapee in writing, Insurance proceeds shall beapp/ied torestorationorrepair oflhePropeny damaged, ifthe restoralion or repair is _nomicall~' fewble and under's socurity is DOl lessened. If the teSloralion 01 repair is DOl cconomicall~' feasible or under's security would be lessMed. the insurance proceeds shall be applled 10 lhe sums secured by this SeCurity Instrument. wbetheror not then due, "ith any excess paid 10BOrrower.IfBorrower abandons thePropeny, oldoes nOl answer within W days a l10Iite 110m under that the insurance carrier bas offered to settle a claim, then Lender may collect lhe insurance p~. Leruler may use the proceeds to repair or restore the PropertY or to pay sums 5eCUfed by this Security Instrument, whether or nollhen due. The 30-day period will begin when lhe notiGe is gi.en. . Unless Lender and Borrower OIhelWise agree in wriling, any application of proceeds to principal shallllClt ","end or postpone tb~ due dau: onhe monthl)' payments referred 10 in paragraphs I and'2 or cbanJC !he amount oflhe paymentS. Ifun~r paragraph 21'the Propert)' is acquired 11)' under, Borrower's right toany insuran(:e policies and proceeds resulting fro:n clarnar.e 10 Ihe Property prior to lhe acquisition shall pass 10 under to the extent of the sums Secured hr Ibis Securitr Instrumenl immediately prior \0 the acquisilion. 6. Oc<up.""y. Preservation. Mainlenonce ud Protec1lon of the Property; Borrower'. Loan Applkalion; Learellold.. Borrower shall occupy, esllblish, and use the Property as Borrower's prindpal residence within sixty days after lhe """""lion oflhis Security Insllllmenland shall continue to occupy the Property as Bo/TOWCr's principal residence for alleast one )'"ar after ~ date PE~NSYL"M'I"- s..... rlm;1y .FS~IAlFHLMC tlNIFOAM rNSTAIIMENT Illi~bls' eA-bJ FonnSOJ..I9O.........._ P.geJ of8 PALD'ED I . . LO&I ,. 62.9J82-. ~f occupanq, unless Lender othelWise agrees in writing, whieb consent shall nol be UI1reasonably withheld, or unless extenuaung cjn:umSlanccs exi51 which a.e be)'ORd Borrower's conlrol. Borrower shall lIOI destroy. dama&e or impair the Propet1y. allow the Property to deteriorate, or commlt w'aSte on the Property. Borrower shall be in default ifany forfeiture aalon or proceeding, whetb.:r civil or crirninal, is I:qJun that in Lender's good faithjudgment could result in forfeitureofthe Property Or otherwise materially impair the lien CRlted by this Security In5lrumerll or Lender'uecurlty inteM. Borrower may CUR: such a dc:Caultand reinSlalC, as providc:d in paragraph 18, by causing theaction orproceedJnglobe dismisscdwith a ruling that, in Lender', good1lUth dc:termill8tion, pneludes fbrfeiture of the Borrower's interesl ill the Property 01 other material impairment oflhe lien created by this Securit). JnstnIment or ~euder's security interest. Borrower shall also be in default if Borroiocr, during the loan application process, gave malerially false or inaccurate information or SUIlenlelllS to Lender (or failed to proviCle Lender with any material information) in connection with the Iclan e,'ide:Jccd by the Note. including. bul lIOI limited 10. representations concerning Borrower's CXCllpancy of the Property as a pr!l::ipal residence. If this Security Jnstrument/son a leasehold, BorroWer shall comply with all theprovisiOllS of the lease. Imorrower acquires fee title to the Property, the leaseholcl and the fee title shaJIlIOI me!JC unless Lender agrees 10 the merger in writing. : 7. ProtectlOll of Leader', R1.....ln tbe Property, IfBoaowcr fails to perfonn the covenants and agreements contained in lhis Security Instmmenl, or there is a lepl proceeding that may signiflClRt/y alfecl Under', rights In the Property (sucb as a pi'oCcCdlng In bankruptcy. probate. for condemnation or forfeiture or to enforce laws or regulations). then LmCler may do and pay for whatCVCf is necessary to protect the value of the Property and Lender', rights In the Property. Lender', actions may incIudepaying any sums secured by a lien which has priorlty over this Security Inslnunenl, appearing in court, paying _nable attorneys' fees ailCl entering on the Propen}'1O make repairs. A1d1ouglt Lender may take action under Ibis parasraplt 7, Lender does not have 10 do so. , Any amounts t1isbursed by Lender under this paragraph 7 shail/become Idditional debl of Borrower secured by this Securily histrument. Unless Borrower and Lender agree to other terms of payment. these amountS shall bear inlereSl from the date of diJbursement II the NOfe hte alld sba11 be payable. with interest, upon tIOtice from Lender to Borro..'U requesting payment. , S. Mongage la$llnlDCe. If Lender requi~ mortgage Insurance as a condition of malting the loan secu~ by this Security InSlru~nt, Borrower shall pay the premiums requi~ to maintain the mongage in$urance in effect. If, for an)' reason,lhe mortgage i~rancc ""''WIge required by Lender lapses or _to be in effect, Borrower shall pay the premiums requi~ to obtain coverage ~bSIanllall)' equivalent to the mortgage insurance previou,ly in effeo:l, at a cost subslantially equivalent to the COSlIO Bonower of Ih\l mortgage insuratlCC pmiously in e/feet, from an alternate mortgage insurer approved by Lender. If substantially equivalent mongage Insurance coverage is /101 available, Borrower shall pay 10 Lender eacb _h a sum equal to ooe-twel1\h of the yearly mhrtgage insurance pmnium being paidby BoITO\\'C! when tbe insurailce ~ lapsed orceased 10 be in drect.l.eDderwill accept, use and Rtain these payments as a loss reserve in lieu of mortgage insurance. Loss merve payments may 110 longer be required. al Ihi: option ofLendeJ. ifmongage insurance CO\'I!rage (in the amount and for the period that Lender requires) provided by an lnsum a",,",,'Cd by Lender again ~mes available and is obtained. Borrower shall pay the premium, required to maintain mortpge in~ in effect, or 10 pfO\olde a loss r=serve. until the requiRment for mortgage insurance ends in acconlana: with any wriuen agn:ement between Borrower and lender or applicable law. . 9. IDSP_on. Lender or its agent may make reasonable entnes upon and inspections of the Ploperty. Lender shall give Bqrrower notice allhe lime of or prior 10 an inspection specifying reasonable cause for the inspection. , 10. COndemna1loD. The proceeds of any award or claim fOr'damages, dlrea or c:onsequentlaJ, In connectlon with any co~nalion cr other taking of any pan or the Property. or for com.'Cyance in lieu of condemnation, are hereby assigned and shall be,paid to Lender. In theevent of a total taking ofthe Propert)., the proceeds shall be applied to the sums 5CQIred by thisSecurlly InSUlllllellI, ,,'hether or not then due, with any excess paid 10 Borrower. In the "''Cllt of a partial taking of the Property In which the fair market value of Ibe Property Immediately before the taking is equal to or greater than the amount of the sums 5CICIlre(\ by tMs Sec:urlty JDSlnnnenr immedlately before the taking, unless Borrower and unCler otherwise agree in writing, thesUlns secured b)'lhis Security Insuument shall be reduced by the amount of the proceeds multiplied by the following fraction: Ca) the Iotal amount of the sums 5mIred iminediately before the taking, divided by (b) the fair market ,'alue oflhe Property immediately before the trddng. Any balaBCC shall be paid to Borrower. In lheevent ofa partial taking of the Proper!}' in which the fair marlcet value ofthe.Property immedlllelybefore the laking is less lban Ibe amount of the sums ~ed immediately before the taking, unless Bonower and Lender otherwise agree in "Tiling or unless applicable law otherwise provides, the proceeds shall be applied to the sums secure(! by this Security Instrumetlt whether or nOlthe sums are lhen due. PENNS\'l. VA1'IrA. Singl,l! family -J':'lIMAlYHLMC UNIFORM JNlfi:TRUI\IE.NT F_SOJ'__edi!l9l . PallC40fS lniti.la. ~AW PAL1)EED . . LOa. " 624'182-4 If the Prt>pcny is abandoned by Borrower, or if. after notice by Lender to Borrower lhal the condemnor olfers 10 make an award or settle a claim for damages, 8onoI>'er fails 10 respond 10Lender within 30 days after the dale the notice is given. LeDderis authorized to roUed and apply the proceeds, at its option, either to restoration or repair of the Propeny or to the sums se<:umI by this Security JIisl",men~ whether or nor then due. , l'nJess Lender and Borrower otherwise agree in writing. any appliation ofpt'tlceCds to principal sh&Il nor extend or postpone tJie due date 01 Ihe monthly payIl1ClIIs refem:d to in paIlIgraph$ I arid 2 or change the amount of such ~'lIICnts. II. Borro..er Nor Releutd; Forbearance By Leader Nor a Waiver. ExtensiOll of the time for Jl'I)'IlIClIl or modification of afulll'tization oflhe sums tmlred by this Security Instrumenl granleCI by Lender 10 any successor in interest oCBorrower shallllOI opetaw to release.he li<lbJlityoftheoriginal Borroweror Borrower's _ in interest. Lender shalll10lbe required lo.:o.mlle_ ptoceedingsagainsl anysua:essor ininterestorreAJsetoellten4lime forpa)_ntorotherwisemodl1Y amorrizaliOlloftheswns ~ed b)' Ihis Securily 1I15\TUmCDI by reason of any demand made by the original Borrower 01 Borrower's sucx:esso15 in interest. Any forbearance by Lender in exercising any right or remedy shall DOl be a walver of or JlRClude the exercise oC 8D)' righr or remedy. 12. Succeuon and Auips BDomd; Joint sad Sneral Uabillty; Co-oIpen. The c:ovcnants and agreemellts of this Security Insrrvmeot shall bind and benelit the SUCUS$Ors and assigns of Lender and Bonower. subjec:t to the provisions of paragraph 17. B!mWw's covenants and agRCmCllts shall be joint and several. An): Ilorro\\'er who QO-Signs this Security Instnunenl but does DOl e>iccule the Note: (a) is COosigninglhisSecuril}'lnstTUmenl only to mortgage, grantand cxmveytbat Borrower's interest in the Property under lhe tenns of this Security Instrumenl; (b) is nOl personally obIigalCd ro pay the SUIDI se<:umI by Ibi. Sealrily IlIsrnrment; and (cl agrees lhat Lender and any other Borrower may agree 10 extend, 'modil)'. forbear or make any accommodatioDs with regard to the terms of this Securil'lln$lrUJllCnl or tbe NOle without that Borrower's consent. , 13. Loan ChareeL If the loan secured by Ihis Securily Insuumem is subject 10 a law which sets mulmllmloan charges. and malta... is finally Interpreted so tbat the interest or otller loan cha~ collected or to be collected in c:onnectiOll with the loan exceed lhe permilled iimits. tlten: (8) any such loan charge shall be reduced by the amounl nec:essaty to reduce the charge 10 tbe permiUed IIJiJit: and (b) IIIIY sums already collec:ted from Borrower which exceecicd pennilled limils ",ill be refunded 10 Bom>wer. Lender may choose to mal<e this refund by reducing the principal owccI under Ibe Note or by mal<ing a dircct pa)-ment '" Borrower. If a relluld reftuces principal. the reduction will be nea.ed as a partial pnpa.ymenI wilhout any prepayment charge under the Note. 14. NoCicet. Any notic:e 10 Borrower provided for in this SecuritY InstnJment shall be given by delivering il or by mailing il by first e1ass mail unless applicable law requires useofanother method. The notice shall be directed to the Property Addressor any 0lIler 8t\dress Borrower designares 1>)' notice to LelIder. Any notic:e to Lender shall be given by first class mail to Lender's address stated hemn o. any other address Lender deSignates by notice 10 Borrower) Any notice provided for in lhis Securily InstruJr1cn1 shall be deemed 10 ha\'C been given ro Borrower or Lender when given as pnivided in this paragraph. l~. ~mlnc Law; Se\1:rabllity. Thi. Secilrity In5tnlmcntshall be governed by federal law and Ihe law of the jurisdictior. in. which the PrOJlClQ' is Iocaled. In the C\'CnIthal any provision or clause of this Security Instrument or the Note conflicts \vilh applicable I.w. such CC1nt1icl shall DOl affect other provisionsoflhis Socuriry Instrumenl or the NOlewhic:h can be gi\'ClIeft'ect witlKiuI the rontlicting provision. To Ihis encllhe provisions of Ibis S<<urity Instrument ancltlle Note an declared to be sn'Crllble. 16. Borrower's Copy. Borrower shall be gl\'Cn one c:onformed.'copy oflhe Note and oflhis ScaIrity InstrWnChl. : 17. Traasfer of the Propeny or a BCJletldallnrercst In Boriower. leall or any part of the Property or any inll:resl in it is sold or transferred (or if a beneficial interest in Borrower is sold or tranSferred and Borrower is nOl a natural person) I\ithout Lender's prior \\TineD COlIY-nl, Lender may, al its option, require immediate paymenl in /WI of all sums S<:QIred by this SeQlriry Instrument. However, this oplion shall not be exen:ised by Lender jf exercise is prohibited by fdem law as oClhe dslt ofthis$c:(urity Instrument. . If Lender e:<erclses lhis option, Lender shall give Borrower notice of acceleration. The noti<:: shall provide a period of llOtlcS! than 30 days from the dale the notic:e is delivered or mailed \\1thin ",hich Borro....er musl pay all SUll\$ se<:umI by this Scc:urily Instrument. If Borrower falls to pay these sums prior to rhe expiralion oflhis period, Lender may ill\lllke uy remedies pennittcd by this Security IlISlrumenr "ithoul funher noti~ or demand on BorroWer. .' 18. Borro.,...r's Right to Keln"atc. IfBnrrowcr meet. certain Conditions. Borrower shall ha\'C the righllo ....ve enforcement of this Security InSll'UDltntdisconlinued lIanytimcpriortotheearlierl!f: (a)' da)'S (orsuch oIher period as applicable taWDl8Y specllY for reinstatement) before sale of the Property punuantlo any JlO'wr of sale contained in lhis Security InstJurnent; ('or (b) anny of a judgmenl enforcing Ihis Sectlrily InstJUmenl. Those conditions are lhat Borrower: (a) pays Lender all sums which lhen would be due unaer Ihis Security Instrument and the Note as if no acceleratioh had 0l:CUm:d; (b) cures allY de&u11 of any other covenants or PE~;"lSYI,V.\NJA.Sjngkfar.riJY-F."lMNFJfLl\ofCVNU'ORMI.NSTRUMENT . . Initiale. . (' W Fo""JlIJ'9I9O .--.... S/9. Page' Of8 PALDtED . . . ~ tl 62't182-' agreements; (c) pals aU expenses incurred in woreing this Security IlI5UW11Cnt, including, bul DOllimiled 10, reasonable attorneys' fcics; and (d) takes sucb action IS Lender may reasonably rc:quiR to assure that tbe Jim of Ibis Security Insuument, Lender's righls ilJ the Property and Borrower's obligation to pay the sums secured'by this Security IlI5lI1UI1ent shall continue unchanged. UpoII reinstatement by Bonower, Ibis Security III5UWIIellI and the obIigatlollli sewrcd bereby shall ",main IIIlIy c:lfec:tivc IS jf no a<:ccJmtion had occurred. f1OWC\'Cf, this righlto reinstate shall DOl :appl)' in tile case of a=Jeration under paragraph 17. J ,. SIIIe 0( Note; ell.... of Lou Scrviter, The NOle or a partial bllCfC$t in tile Note (together with this Security IllSlrumeDl) Ilia)' be sold one or more times without prior riocic:e 10 BotTowcr. A sale may result in I change in tbe eDlily (ItllOWll as the "Loan ,seniccr") that ~ects monthly paymentS due under the Nore and this Security JllSlrwnenL TItetc also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. Iftbere is a change oftbe Loan Servicer, Borrower will be given writlen nolice ofllJechangeinaccordanal ~itllparagl3ph 14 above and applicable law. Thetloticewill slltet!lellllll\eandaddressofthenewLoan SelVicer and the lIddr= 10 wItlch JllIYI1ICnII sbouId be made. The lIOlice will ~ CIOtIIain any olher lnfonnatjon required by applicable law. 20. Hazardous SubftUCeI. Borrower shall noc cause Otpemtit ~ pmence, use, disposal, stmqe, or release ofany Hazardous Subslanceson or in thePropeny. Borrower shall DOl do, nor a11owa~ elsclO do,lJI)'Ihingldfedingtlle Propenythat isin violation of any Environmental Law. The preceding two SClItences shallllOC apply 10 the presence, use, or 5lOrage on the Property of small quantities of Hazardous Substances that Ire generally rec:ognized 10 be appropriate 10 normal residentialllSCS and 10 maillleUll<:e of tile Property. Borrower shall promptly give Lender written DOIice of any im'CSligatioa, claim, demand. lawsuit or other actioll by any govcmmcntal or regulatory agetIC)' or private party involving tile Property Ind any Hazardous Sub_ or Environmental Law of which Borrower has 8Cluallmowledge. Ifllonower learns, or is notified by any governmeotaJ or resulatOl)' authority, that 1Ill)' remO\'8I or, OCher remediltion of any Huardous Substance aft'ectin& the Property is necessary, IlonoweT shall promptly take allneccssary reincdial ac:tiODS in accordance with EuviIOnmenlll Law. : As used in Ws patlpph 20, "H8Drdous Substances" are those substances defined IS IOXic or bazanIous sulutances bf Environmental Lawancltltcfollowing substances: psoline, telOSClle, other flammable or toxic pclIOIcum prodacls,loxic pc:sticiclcs arid hetbicides, volatile solventS, mlterialscontaining ~orformalclehyde, and radi08Clive materials. As used in this paragraph 20, "Environmental Law" means federal laws snd llws of tile jurisdJcdoa ~'here tile Propeny is located tha( relak to heallh, safet)l or ellVironmenr.a1 proIe<:tion. NON-UNIFORM COVENANTS. Borrower and Lender funher COWlIIIII and agrcle as foUO\\o'5: : 2J. Acceleration; RenaedieJ. .Leader a11a11 live notice to Bor,..wer prior 10 aeceleratlotl follooriaC Borrower', breach or Iny COVeDlRt or agreement In tltl, Security Instrument (bot not pnor to aecelenttloa u8der paragraph 11 anleu appticable IIW pmidel oUterwl8e). LallIer aIIaD IIOIify Borrower of, amODl4ltber tltIall: (a) tlte default; (b) the adioD teqIIlred to cure t~ default; (e)wllcn tbeddHIt muS/beeured; and (d)tha' faIlure '0 cure tJte defaultl8specltled lDayrnult Inacceferation or,'be sum. _red by tills Security lo"ntmellt, foreclolUn by JudlclaJ proc:cedlocud .a1e of tile I"ropert,. Lender ,ball ru!1Jrer Inform Borrower of lbe rillbl to mnShIe after Keeleratlcin and tile right '0 assert la.1te fondoa.,e proceeding tbe n~oflillelKe of a deflult or In)' oUter defease or Borrower 10 ,,!,c:eleradoo and '._Iotare. II lbe default Is "'" cured as 'pftllJed, Lender, at l"optIon. may require Immedille pay_.lnfull of a1lllU111teCured by litis Security Instru_l1rf'.....t furtber demand and may foreclose tIlll Securi'y Inltl'1Ullell' by Judldll proceedllll- Lender shall be mUded to coIlccf III upe."" Incurred In Pllnuing.1te remedla provided III drl. plracnpb 2l,lndudlng, ba.oot limited... 0110_,.. feet and co", of title evidence 10 lite eltent pennltted by applicable law, ; 22. Rele.se. Upon pII)1IICI1t of all sums secured by this Security Instrument, this Security Instrumetlt and the _ conveyed s~ltenninate Ind become \'Oid. After such eccurrence, Lender shall clischarge and satisfy tIIis Security Instnllllelll witboul charge 10 Borrower. Borrower shall pay atI). recordation c:ostS. , 23. Wllvers. Borrower, to the extent pemtiuCll by applicable law, ~lIives and releases any error or defects in prciccedings 10 enforce this Security Instrument. and hCJd>y waives tbe beaelil of any present or fulme laws p10Yiding (or stay ofexccution, extension of time. exemption from al\llClunent, levy. ancl sale, and homestead exemption. 24. Relnstltemenl Period. Borrower's lime to reillSl.8le provided in paIlIgraph 18 shall extend to one IIour prior to the commencement of bidding It a sherilf's sale or other sale pursuant 10 tills SccIIrity Insuumcnl. . 2!1. Purcllue Molll!y Mortealt- Irony of the c1ebl secured by lhis Security In._nt is lent 10 Borrower 10 acquire title to lIle Property, Ihis Security Instrument shall be a purchase money mo..,.ge. PENNSVLV A~'IA. 5fnpe ,family .f'NMAIFJILMC lfN'I'OR,M JNnlUL\IElO' F.... JlU9 9190 -... ~"I . ra. 6 of. f "'. '., IlItU.ah. . ~)1tJ PALDEED . , , . ~ 't 6219182-1 26. Interest Rat. AfIt~ JudphCDl. Bonower agrees that the int...... I3te payable after ajudgment is enle~ on the NOle or in'an action ofmongage foreclosure shall be the rale payaole from time 10 time under !be NOlI;. 27. Ride.., to filii Security 1DJt_l.lfonc or more ridersue exec:utcdlly Bonower and recorded logedtcr with this Securily I~nt !beCCMllllllt.sand agtWllCD150feach &lICh rider shallbe illCOlpOllIted inlOand shall amend and supplementthecovelWllS Il\lI agretlOeal5 of this So;urily InstJ1ImCIIt as if the rldet(s) were a pan of mis Security Instrwncnl. (Chcd< ~kabJe bo,,(es)! CiJ Adjustable Rate Rider o Graduated Pa)1tItnl Rider D Balloon Rider ! I V.A. Rider o Condominium Rider o P/annOd Unit De\'Clopment Rider r'RaIl: IlOprovement Rider CJ Olber(s) [specityJ D 1-4 family Rider c::J BiMddy PIl)'IIlCIIt Rider CJ S<<;oDd HDme Rider BY SIGNING BELOW, Borrower IccepIS and agrees to the lenDS and covenants c:ontained in Ibis Securily Instrumenl and in ::r.=,......,_............... Att L c nNNSYLVANIA- Sinr:Je family -PNJ\o'.vP1ILMC eN.fORM JI"iSTR\!MENT For. JOJ'_...._ 5If1 Pace 7 of II _.......~-.... . ,.~_~-.lOI<'. -,... ..' '~.." . . 'c 0,.,",_,._...:_. PALDEED ,,' -. ;. '-. ......~_..~~_.~.............,'.~... I I I , I 1\~ ........ ~ ~ h. ~ 0 ~~~ o VJ p:.. 1- (... ,....) , ,--, ( . - ~ ('- ~. ,- \..) SHERIFF'S RETURN - REGULAR CASE NO: 2004-02901 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS WINN CHARLES A RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WINN CHARLES A the DEFENDANT , at 2043:00 HOURS, on the 15th day of July 2004 at 924 NORTH COLLEGE STREET CARLISLE, PA 17013 by handing to MIKE FEMMER, OCCUPANT 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: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 r~~~.c~ , R. Thomas Kline 07/16/2004 MCCABE WEISBERG CONWAY Sworn and Subscribed to before By: p~~ Deputy Sheriff me this ~/~ day of ~ ~/)1)'f A.D. r;, u. () ~./~ .lfl.il:- '-1P1othonotary , -/., McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 AUG 032004 [' (j Y Attorney for Plaintiff .. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CHARLES A. WINN .;190/ NUMBER: 04;2Q61f'CIVIL TERM ORDER AND NOW, this (,' day of 4....t.. v ,2004, the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure and all other subsequent pleadings that require personal service and the Notice of Sheriff s Sale upon the Defendant, Charles A. Winn, by regular mail and by certified mail, return receipt requested, and by posting at the Defendant's last-known address and mortgaged premises known in this herein action as 924 N. College Street, Carlisle, PA 17013. BY THE COURT: >- cc ~ LJJS) 0.... ,,-'~ (."") f1... :i: <')~ ~":"'~ TO On:: UjL)_ -' o:LU F ?!5 <'oJ N ;2 ;.D I (,,!) ::::::> "'" -"" = C'"" "" 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CHARLES A. WINN NUMBER: 04-2901 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosw~ in the above-captioned matter. }~ l'Uc..vl U I. I n C( ,,--to TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff ~.. ~ 0 e,::.':l -11 ~,.. )::'lIO C'_": (,-'J N (-:? Cl 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CHARLES A. WlNN NUMBER: 04-2901 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: I. That he is counsel for the above-named Plaintiff; 2. That on August 16, 2004, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the: Defendant, Charles A. Winn, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his last- known address of 924 N. College Street, Carlisle, PA 17013. A 1rue and correct copy of the letter, certificate of mailing and certified receipts are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on August 12,2004, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Charles A. Winn, by posting the same at the mortgage premises of 924 N. College Street, Carlisle, P A 17013. A true and correct copy of the Affidavit of Service indicating the same is attached hereto, made a part hereof, and marked Exhibit "B." J J:/)tU..n u; ). f I, L ( cJs, TERRENCE J. McCABE, ESQUIRE SWORN TO AND SU~SCRIBED BEFORE ME THlS~l'bA Y OF auj""t,2004. ~(U A- W;:;J NOTARY PUBLIC NOTARIAl.SEAL UICIEU.E A. HOlAClk, Nolll!Y fllMIl ~ III Pl\lI8dIlpI1Ia, Phlla.~ !~L~~~n tll(jlites March 28, McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Nnmber 16496 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 { AUG 0 3 2004 ( Attorm,y for Plaintiff MORTGAGEELECTRON1C REGISTRATION SYSTEMS, INC. DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CHARLES A. WINN ,7101 NUMBER: 04-.29M CIVIL TERM ORDER AND NOW, ilii, j~,y ~ 2004, "" pJ"'tiff', g,~"" 1="" =, the Complaint in Mortgage Foreclosure and all other subsequent pleadings that require personal service and the Notice of Sheriffs Sale upon the Defendant, Charles A. Winn, by regular mail and by certified mail, return receipt requested, and by posting at the Defendant's last-known address and mortgaged premises known in this herein action as 924 N. College Street. Carlisle, PAI70I3. BY THE COURT: /S fj.) TERRENCE J. McCABE"'.... MARC S. WEISBERG""" EDWARDD.CONWAY MARGAREr GAlRO RITA C. BUSCHER*~ FRANK DUBIN MONICA G. CHRISTIE +t BRENDA L. BROGDON* BETH L. THOMAS SEAN GARRE1T*+ JULIE M. F[ORELLO^ SVEN E. PFAHLERr* STEVEN J. NIERENBERG JOSEPH V ACCARO* LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 [23 SOUTH BROAD srREET PHILADELPHIA, PA [9109 (2[5) 790-[010 FAX (215) 790-1274 SUITE 600 2[6 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUIrE 205 53 WEST 36'" STREET NEW YORK, NY 10018 (9[7) 351-1188 FAX (917) 35[-0363 . UceaMdblPA4NJ .. Lk:cmcdIllPA&NY .+ LkalccdInPA.lNM ...LIccaIodIllPA.NJ&NY t Liceladlll NY&CT " Lk:enlcdinNY ; MMIICIIla Anomey for NJ + ManIciaIAtIomoyforNY Affiliated with: WlllTTLESEY McDOWELL & RIGA P.C. Joseph F. Riga'" Of Counsel August 16, 2004 Charles A. Winn 924 N. College Street Carlisle, PA 17013 Re: Mortgage Electronic Registration Systems, Inc. v. Charles A. Winn Cumberland County; Court of Common Pleas; Number: 04-2901 Civil Term Dear Mr. Winn: Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, the original of which has been filed against you in regard to the above-captioned matter. Very truly yours, .-) . i/) I ~cn L{ J lJiCC",J..v TERRENCE J. McCABE TJM/Iga Enclosures SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7004 1160 0002 3879 0158 RETURN RECEIPT REQUESTED E~XH ISIT ''P{' ::!.!! :- ,\~;!! ;,\..' ~ - ~J! uti ~~ is.!! 18 ~u Ji" 19 .E~ .~ ~!i ;>.~ l.. -<'" " ~ " '" ~. :r: .9 ..-. _ "j c.. i]Sl"e. lu B " ,D . " '" 0 '" \) ~'a:":;j....~ "'~,,~- ~.", ~U. 0 c .!! 19~.l!~ij . .~- a- .- .. Q" ~ <::. ~ 8'" ~ ~ ." 5 ~ ~ 8 E r~ ~ ~ ~ " 111 '" ~ .n if ~.~ 11) p:: p:: ;::! ~. :0000 o - "; g S 'jj ..... E ~ 'll ~ 0. 8;:; 011 ~. 11 ""!"8-".~e. o 0 - ~ '" ,.g, UOtJ:l.5 uooooo u .,; ~ .8 ~ ~ 0 ~ cuo~ r. ~ " M .. '€ tt:I "'tj II) 0'\ E .( ~ ~.~~ = ~ f!J~~C ~ ~ d~ ~ -0( aJ "'C d' 0 -o~~:E-; !a ,,^ &l ..e-..J 11) ~ ..g .. FlU'" '" = a 0 M:-::= = z:E~f< ..J.-=", ~ j, ~ '" -< .... 0 0 ~ ..... ] <;l ~ ...: ~ ~M ...p.. ~ en~ " ^ ~ 0 ...!! ~ "..... b:-= oo~ ~< en i:: . .S .!l ~ op.. U .,; .. "' :::sa -< z3 ." ....1j ~u ~u :!~ .'4 ;..'.... -1>;';' (.' ,:' ".QQ" '.,' '1,.. :19'\)') r ~, ;.~, j, t PO ~J odS IVIt s!S uOW' tW!J 110;) WA! 10(1 c .. '" - c 'S '" 0; III ~ C> .:l c - .: :I .~ .. 0. ;., ... ;., ... " 'll Ci. E C> U " 8 ;S 0 a '" :s! 10 ~ ... &'0 en ...: ...: ~ -;J r': "' .... " ... 00 1j 0 '" .0 e ..c " U 0 0 '" '" - '" M ... on "" ..... 00 '" ~c:) ~~ ~<'l ~M ~.... 0.. rr ("- e[] rn ru D D D D ...D ~ TolaIPostageSFees!$ U.S Postal Service, CERTIFIED MAIL RECEIPT (Domesttc Mall Only. No Insurance Coverage Provided) . ,. . . . ., . . I OFFICIAL U_S E ! (lq) Postage s Certified Fee Return Reclept Fee Postma.. (Endorsement Required) Here Restricted Delivery Fee (Endorsement Required) --,- ~--_. , e[] Ll1 .-'l D .I sent 0 D D ("- ult.6 A. WIIl1l ~'APi__..."..........m__..'.mm......._.__...mm__m....__m..umm_ ~'::!.~:;;::u_.9~~.___tJ.'mC,lLel __...$.!-I..('-*=.mm CNy, P+4 1~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-02901 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS WINN CHARLES A 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 WINN CHARLES A the DEFENDANT , at 2105:00 HOURS, on the 12th day of August 2004 at 924 NORTH COLLEGE STREET CARLISLE, PA 17013 by handing to POSTED PROPERTY AT 924 N COLLEGE ST CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attentE' >tR.t l~~Tt"trof. ~",,,.;, ,. , .Jb sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 3.70 6.00 10.00 .00 37.70 ,..<,- R. Thomas Kline r me this day of 08/13/2004 MCCABE WEISBERG CONWAY ~ By: (~~~h~ Deputy She f Sworn and Subscribed to before A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-02901 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS WINN CHARLES A SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WINN CHARLES A was served upon the , at 2105:00 HOURS, on the 12th day of August 2004 DEFENDANT at 924 NORTH COLLEGE STREET CARLISLE, PA 17013 POSTED PROPERTY AT by handing to 924 N COLLEGE ST CARLISLE 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: Docketing Service Posting Surcharge 18.00 3.70 6.00 10.00 .00 37.70 Sworn and Subscribed to before me this 31.~ day of Q"r..J- ';;PO 'f A. D. (l 0. 'ntJt;,,~ #- '-~othonotary . So Answers: ~.".. i~'" ",)~ ":.:,;::';- ""::,ff!:~_-';;"o/P~~ R. Thomas Kline 08/13/2004 MCCABE WEISBERG CONWAY RP- By: 9i~k . Deputy She f OFnCE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary To: Charles A. Winn 924 North College Street Carlisle, PAl 70 13 Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation Cumberland County Court of Common Pleas v. Charles A. Winn Number 04-2901 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curt Long Prothonotary -L Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation Cumberland County Court of Common Pleas v. Charles A. Winn Number 04-2901 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 06/17/2004 - 09/11/2004 $122,406.07 $ 2,010.68 TOTAL $124,416.75 -jfJ)Jj~ ~. (!lCL (jJ~ TERRENCE J. McCABE, ESQUIRE AND NOW, this I ~~y of ~E..~. ,2004, Judgment is entered in favor of Plaintiff, Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation, and against Defendant, Charles A. Winn, and damages are assessed in the amount of$ 124,416.75, plus interest and costs. 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 Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation v. Charles A. Winn Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-2901 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Charles A. Winn, is over eighteen (18) years of age and resides at 924 North College Street, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED BEFORE ME THls/3HbA Y ~~a () N Notary P1J~ V''''^f(J I . I JuvU fU!!t A. /Jt~ TERRENCE J. MddABE, 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, PA 19109 (215) 790-1010 Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation v. Charles A. Winn Attorney for Plaintiff Cumberland County Court of Common Pleas Number 04-2901 CERTIFICATION Terrence J. McCabe, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against himlher 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 TO AND SUBSCRIBED BEFORE ME THIS J5i-bA Y OF ~1S~004. N~1 f2;t [ ~~~~O!as;II!l!,;j:1"F >l!IlIIId~'~~~JOAl!:) ~1Y'WION AOVHl \~8-'~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. :b~ J~()t(~ rMvc TERRENCE J. McCABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary September 2, 2004 To: Charles A. Winn 924 North College Street Carlisle, P A 17013 Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation Cumberland County Court of Common Pleas vs. Number 04-2901 Civil Term Charles A. Winn NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN 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 DA IE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER ATONeE. IF YOU DO NOT HA VB 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 HIREALA WYER, THIS OFFICEMA Y BE ABLE TO PROVIDE YOU WIlli INFORMATION ABOUT AGENCIES THAI MAY OFFER LEGAL SERVICES TO EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE. USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A WS REClAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBmA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERnER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. 51 USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFlClNA EXPUSO ABAJO. EST A OFICINA W PUEDE PROPORCIONAR CON INFORMACI6N ACERCA DE EMPLEAR A UN ABOGADQ. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAP AZ DE PROPORCIONARLO CON INFORMACI6N ACERCADELAS AGENCIAS QUEPUEDEN OFRECER WS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUClDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A, 17013 800-990-9108 Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A, 17013 800-990-9108 Exo\b\t A Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJM/rda tl~ ~ _ 0 o '- ...... r' CI) ~ -J ~ ~ ~ F K~ ~ ~.~~ '. , ....._ ~11 ~".~ ::} 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 Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation v. Cumberland County Court of Common Pleas Charles A. Winn Number 04-2901 AFFIDA VIT 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 924 North College Street, Carlisle, P A 17013, 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 924 North College Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Charles A. Winn 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 Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation 636 Grand Regency Boulevard P.O. Box 2369 Brandon,~ 33510 and P.O. Box 2026 Flint, MI 48501 4. Name and address of the last recorded holder of every mortgage of record: Name Address Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation 636 Grand Regency Boulevard P.O. Box 2369 Brandon,~ 33510 and P.O. Box 2026 Flint, MI 48501 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) 924 North College Street Carlisle, PA 17013 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. November 18, 2004 "- t\, ~ r ~ ^ n \) _- TERRE*~E J. ~c~ ESQUIRE Attorney for Plaintiff DATE LEGAL DESCRIPTION All that certain lot or piece of ground situate in Carlisle Borough, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania. ON the East by North College Street: on the South by the centerline of an unopened alley 16 feet wide which it is intended not to be opened, on the West by an alley 16 feet wide: and on the North by Lot No.4 of Block 27 on the hereinafter mentioned Plan of Lots. HAVING a frontage of 58 feet on North College Street and extending 200 feet in depth: and being Lots Nos. 5 and 6 of Block 27 on the Plan of Lots of Carlisle Land and Improvement Company as recorded in the office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a one and one-half story from detached dwelling house known as No. 924 North College Street. BEING KNOWN AS 924 North College Street, Carlisle, PA 17013. Being the same premises which Charles A. Winn and Denise L. Winn, by deed dated the 23rd day of March 2000, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book/Volume 218, Page 244, granted and conveyed to Charles A. Winn, in fee. TAX MAP PARCEL NUMBER: 06-19-1643-149 EXli )i~ A <} "-> c-.;, 0 ~; c'::) 1'/ ..c- ()(-t; -- 5"!. -'- Q,' r:r i <:::) /11 :;J ...~:., ..' _I ""C ,-- ;., i C.V -0 rT1 (;) ,,' - i..J .....) -<' a 0). 1~" :t:-... :';j~,~ -. rC) .) -"" "'" (j - "'~S ~'Ti - ~,,--..t oC.:_. -l-e~' -) (.f1 <,.:) -, t.O ~ 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 Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation v. Cumberland County Court of Common Pleas Charles A. Winn Number 04-2901 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Charles A. Winn 924 North College Street Carlisle, PA 17013 Your house (real estate) at 924 North College Street, Carlisle, PA 17013, is scheduled to be sold at Sheriff's Sale on March 2, 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 $124,416.75 obtained by Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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 Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation, 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 HA VE 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 INFORMATION ABOUT HIRING ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LA WYER REFERRAL SERVICE OR COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYL VANIA 17013 (717) 240-6200 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, P A 17013 (717) 249-3166 - ... (") ~ <:;::) 0 C C:;::> ""} ::;<...... ..c- .";L -- ::;:i -T) I~. i .....- fl-~ r " c:;:, ri'J ::n ;:"~' , ...~ r-- ;:;.:-;-' C.,) -0 IT1 ~.~-! J:' a ~!.J 'T) r=: i. '.' ~-) (:J -=[1 -r ~.~( ;:p. " 6 -,-l I ::;1f{: C;;:c"5 ?"C) - (5fTl -,.. c: - ?.,: .-/ --J (,.11 .~'5 -< \.0 -.;:,- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA CIVIL DIVISION FILE NO.: 04-2901 Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation AMOUNT DUE: $ 124,416.75 / v. Charles A. Winn INTEREST: from 9/12/04 - 3/2/05 $3.496.95 at 20.45 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) 924 North Colle~e Street, Carlisle, P A 17013 (More fully described as attached) PRAECIPE FOR A TT ACHMENT 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: November 18. 2004 Signa~ / r{ Print Name: TERREt\CE J. Address: 123 S. Broad Street. Suite 2080 Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 .- "' 0 I"'...:> (-?, = ~~ c.:;:) - 1 .....- :;t: --I """tJ U I-n ~~.i C) iT1F:. ........ ..... i:j :,::: w :96 ..' ~J a 0, ~:c. ".. 'I ...,~ x:::. ~~~~ ~~ ::r C:5rn ---t ....l,:.. =< (,,11 <j" U) :-< LEGAL DESCRIPTION All that certain lot or piece of ground situate in Carlisle Borough, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania. ON the East by North College Street: on the South by the centerline of an unopened alley 16 feet wide which it is intended not to be opened, on the West by an alley 16 feet wide: and on the North by Lot No.4 of Block 27 on the hereinafter mentioned Plan of Lots. HAVING a frontage of 58 feet on North College Street and extending 200 feet in depth: and being Lots Nos. 5 and 6 of Block 27 on the Plan of Lots of Carlisle Land and hnprovement Company as recorded in the office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a one and one-half story from detached dwelling house known as No. 924 North College Street. BEING KNOWN AS 924 North College Street, Carlisle, PA 17013. Being the same premises which Charles A. Winn and Denise L. Winn, by deed dated the 23rd day of March 2000, and recorded in the Office of the Recorder in and for Cumberland County in Deed BookIVolume 218, Page 244, granted and conveyed to Charles A. Winn, in fee. TAX MAP PARCEL NUMBER: 06-19-1643-149 ~~ - -- ('-. - ~~ ~p 0'd t:~ -- r 'J ~ - ~ - ,\~ C ~ p:..v ~ d ...,J o 0\ -l~ C ~ -..... c..N U . \ r-' ~ (j.J ~:-i)-J- ~ () Wr~ l,)," c-^' _~. C) c:~. ;~.; ~Li l._ ~ , ~) too..) = c::.:> ..1;:- o -II ~"'n fllp -orn ~39 '_16 "'"1: .'i"t 1"'~ -,-, -;) (:') 2Srn :rl ~jj -< :;c CJ -:::: ;.t::'l> :l.: - ** 01 \D WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., AS NOMINEE FOR HOUSEHOLD FINANCE CORP. Plaintiff(s) From CHARLES A, WINN, 924 N. COLLEGE ST" CARLISLE PA 17013. NO 04-2901 Civil CIVIL ACTION - LAW (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 924 N. COLLEGE ST" CARLISLE PA 17013 (SEE LEGAL DESCRIPTON) , (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) 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,416.75 L.L. $.50 Interest FROM 9/12/04 - 3/2/05 AT $20.45 per diem = $3,496,95 Atty's Comm % Due Prothy $1.00 Atty Paid $151.40 Other Costs Plaintiff Paid Date: NOVEMBER 30, 2004 (Seal) CURTIS R. LONG -Lr prothoJt~ry By: '\l4J- '- DeputY REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQ, Address: 123 S, BROAD ST" STE 2080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ill No. 16496 McCABE, WEISBERG AND CONWAY, p,c. BY: TERRENCE J, McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, P A 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation v. Cumberland County Court of Common Pleas Charles A. Winn Number 04-2901 ,'1 ;} AFFIDAVIT OF SERVIClk I, Terrence 1. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 3rd day of January 2005, 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 certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." \)~ TERRENCE 1. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 3rd DAY OF January, 2005. :.' ~'/ALO.~!eL OTARYPUBLIC NOrAP&ft1.t S~/~t. .~_;?~~~~i'~:;'~;~~;~i;,j~~;:~~~&; McCABE, WEISBERG AND CONWAY, P.e. BY: TERRENCE J, McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, P A 19109 (215) 790-1010 Attorllley for Plaintiff Exh.b- A. I ",t '. Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation v. Cumberland County Court of Corrnnon Pleas Charles A. Winn Number 04-2901 AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence 1. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 924 North College Street, Carlisle, PA 17013, a copy ofthe description of said property is attached hereto and marked Exhibit "A." 1. Name and address ofOwner(s) or Reputed Owner(s): Name Address 924 North College Street Carlisle, P A 17013 2. Name and address ofDefendant(s) in the judgment: Name Address Charles A. Winn 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 Mortga~e Electronic Registration Systems, Inc., as Nommee for Household Finance Corporation 636 Grand Regency Boulevard P.O. Box 2369 Brandon,FL 33510 and P.O. Box 2026 Flint, MI 48501 4. Name and address of the last recorded holder of every mortgage of record: Name Address Mortga~e Electronic Registration Systems, Inc., as Nonnnee for Household Finance Corporation 636 Grand Regency Boulevard P.O. Box 2369 Brandon, FL 33510 and P.O. Box 2026 Flint, MI 48501 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 T enant( s) 924 North College Street Carlisle, P A 17013 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Connnonwealth 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 3,2005 DATE TERRENCE 1. McCABE, ESQUIRE Attorney for Plaintiff E~)(h; b if ,A '. " ,. t' 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 AttorllLey for Plaintiff Exhibit B Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation v. Cumberland County Court of Connnon Pleas Charles A. Winn Number 04-2901 DATE: January 3,2005 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Charles A. Winn PROPERTY: 924 North College Street, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 2,2005, 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. 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. ~J! I I I I I I I I .- ~~ ~ 6 0 ~. 6 ~ ;;r.1I~r.1~"}'(~.m~ 0 ~ ., ~ , ::. U ~ U N V I DUO - uO $ S 6 0 L ~ i. :; , s: ? 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IERM AFFlDA VIT OF SERVICE COMVI0NWEALTH OF PEN,""SYLVANIA SS. COlI"TY OF PHILADELPHIA TelTence J. McCabe, Esquire, bcing duly sworn according to law. deposcs and says that the following is truc and conect to the best of his knowledge and belic\': I. That he is counsel for the above-named Plainti ff; 2. That on January 3, 2005, per the attached Court Order, PlaintiIT served a true and correct copy of the Notice of Sheriffs Sale upon the Defendant, Charles A. WlIln, by regular mail. eert iIiclte 0 l'maIl lng and ccrti ficd mal L return receipt req uested. addressed to hi s last -kn(", n addrl'ss 01")14:'\. College Street. Carlisle. PA 1701] A trul' '''ld e,lITectl'opy oflh,' kltl'l. l ,'III 1'le,IIc' <>1 mailin~ and certified receipts arc attached hereto, made a part hereof. and marked as l'xhlbit "A." 3. That on December (J. 2004. in accordance With th,' atwehed COllrt Ol'dcr. I'lallllll'j SCI'vcd a trlle allll correct copy of the Notice of Sheri ITs Salc upon thc Defendant, Charles A. Winn. by P'Elil\~ the same at the mortgage premises 01'924 K College Street, Carlisle. PA \ 70]] ;\ trul' nnd currect copy of the Affidavit of Service indicating the sal11C is attached hcreto. made a part hereo!'. '"1d marked Exhihit "8." SLt'hJ~ ~,c) ~1(1 c!o-J'''<: TERRENCE J. McC&,:'Rr. ESQl IRI SWOR'\ TO AN,D SU!;lSCRIBED BEFORE ME nllS}i''DA Y OF FEBRUARY. 2005. uj~~{u ~~t~ 0:0TARY PUBLIC "...~- : 'RIAL SEAL ' .~:;~'\Clk. NOla!,' "::*'" I ."."n'8, Phila l-0Ul", , .:=i:ires Mar~_Z8, 39.Q5 '." ...1 \.: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 AUG 0 3 2004 r;. ( Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CHARLES A. WINN J'lol NUMBER: 04-7.9M CIVIL TERM ORDER '-fA AND NOW, this ...J) day 0 2004, the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure and all other subsequent pleadings that require personal service and the Notice of Sheriffs Sale upon the Defendant, Charles A. Winn, by regular mail and by certified mail, return receipt requested, and by posting at the Defendant's last-known address and mortgaged premises known in this herein action as 924 N. College Street, Carlisle, PA 17013. BY THE COURT: /5 J. '" U1 I1J U1 . . TM CERTIFIED MAil", RECEIPT ~ic Mail Only; No Insurance Coverage Provided' LAW OFFICES EISBERG & CONWAY, P.C. SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858.7020 SUITE 205 53 WEST 36TH STREET NEW YORK, NY 10018 (917) 351-1188 }'AX(917) 351-0363 I"- I1J ..n r'I ?os'lage $ Hl,l\ ,6;,""" . --~?>, Postmark '\'"' > '-, \/, Here \ ~-., \ . I SUIrE 2080 '3 SOUTH BROAD SrREEr 'HILADELFHIA, FA 19109 (215) 790-1010 FAX (215) 790-1274 r'I D o RettJm Aeclept Fee o (endorsement ReqUired) D Restricted DeliVery Fee ....n (Endorsement Required) r'I r'I Certified Fee iti! '" D D I"- Total Postage & Fees JOSEPH F. RIGA'" Of Counsel January 3, 2005 Charles A. Winn 924 North College Street Carlisle, PA 17013 Re: Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation v. Charles A. Winn Cumberland County; CCP; Number 04-2901 Dear Mr. Winn: Enclosed please find a true and correct copy of a Notice of Sheriff's Sale regarding the above-captioned matter. Very truly yours, T TERRENCElMcCABE T JM/sy Enclosures SENT VIA REGULAR MAIL AND '\ J1' ~ I' CERTIFIED MAIL NUMBER 7004 1160 0001 1~7 ~~, RETURN RECEIPT REQUESTED . ...' .... ~~T .-,'. ~" , :;,( u ." ~t ~ i ~~'-" rJJ ..- ..- ~ ..- ~ '" ...J '" '" ... '" '" ~ i:'-' '" () \:l '" ... '" '" ~ 0 >D ~",.,,, '" ~z . d' % "\ ?;\ ~\O!" ~ ..>d . 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'0') I~' -\ ,< )> \&;-' . ~r;:P '"<,, "-- l.{.5' ill i~ ~ co o c-a Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation VS Charles A. Winn In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2901 Civil Term Harold Weary. Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2004 at 4:55 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Charles A. Winn, by posting the property, pursuant to order of court, located at 924 North College Street, Carlisle, Cumberland County, Pennsylvania. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2005 at 8:08 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles A. Winn located at 924 North College Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Charles A. Winn, by regular mail to his last known address of 924 North College Street, Carlisle, P A 1 7013. This letter was mailed under the date of December 29, 2004 and returned to the Sheriffs Office on January 04, 2005 with reason checked, "Attempted, Not Known." Sworn and subscribed to before me So Answers: ~~~~ R. Thomas Kline, Sheriff B\\ kJ~~ Real Estat Deputy This _ day of 2005, A.D. Prothonotary .#- 'f. ~ EXHIBIT "~" ~ ,? <J) /'V ~ 3 .:t::.. '"'" -:s:: ~ ~... <..D COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: OLf- CJof I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby ce ify that the Sheriffs Deed in which Central Penn Property Serv Inc is the grantee the same having be n sold to said grantee on the 2nd day of March A.D., 2005, under and by virtue of a writ Execution iss ed on the 30th day of No v, A.D., 2004, out of the Court of Common Pleas of said County as of Civil T rm, 2004 Number 2901, at the suit ofMtg Electronic Reg Systems Inc nominee against Charles A Win is duly recorded in Sheriffs Deed Book No. 268, Page 1959. IN TESTIMONY WHEREOF, I have hereunto /t;4 and seal of said office this et my hand day of Record r of Deeds II My , CUmbe!fond ion ExpIre6lhe FinIl . Cllltlole, I'A of Jon.lIlIlII SCHEDULE OF DISTRIBUTION SALE NO. 19 Date Filed: April 01, 2005 Writ No. 2004-2901 Civil Term Mortgage Electronic Registration Systems, Inc. as Nominee for Household Finance Corporation VS Charles A. Winn 924 North College Street Carlisle, PA 17013 Sale Date: Buyer: Bid Price: March 02, 2005 Central Penn Property Services, Inc. $71,700.00 Real Debt: Interest: Attorney Costs: $124,416.75 3,496.95 151.40 Total: $128,065.10 DISTRIBUTION: Receipts: Cash on account (12/01/2004): Cash on account (03/02/2005): Cash on account (03/18/2005): $ 1,500.00 7,170.00 67,851.80 Total Receipts: $76,521.80 ,6f) .y .1. ~' ,/ lJ ~. tJ....? ~ '\ ~\'!) C, l.l \ Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Darlene Moyer, Local Tax Collector Borough of Carlisle Water & Sewer Dept. Borough of Carlisle Municipal lien 2003-1193 Attorney Terrence McCabe Mortgage Electronic Registration Systems, Inc. Total Disbursements: Balance for distribution: So Answers: ~~'l~~~ . . R. Thomas Kline Sheriff $ 2,235.50 200.00 843.90 843.90 413.18 125.65 827. 77 1,500.00 69,531.90 ($76,521.80) 0.00 . TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE POLLOWIN ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SA TISPACT Y EVIDENCE PERMITTING THEIR REMOV AL IS PRODUCED. SHERIFF SALE NO. 19 Held Wednesday, March 2, 2005 Date: March 2, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the curr nt year 2005. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or s er. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2005, and record d , 2005, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Charles A. Winn and Denise L Winn, his ife, by deed dated March 23, 2000 and recorded March 28, 2000 in the Office of the Recorder 0 Deeds in and for Cumberland County in Deed Book 218, Page 244, granted and conveyed to Ch les A. Winn, individually. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in rea and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of 60 feet wide North College Street an In two 16 feet wide alleys. 6. Conditions, easements and restrictions shown on or set forth on the Plan of Lot of Carlisle Land and Improvement Company recorded in Cumberland County Miscellaneou Record 11, Page 572. 7. Mortgage in the amount of $103,000.00 given by Charles A. Winn to Irwin Mo tgage Corporation dated March 23, 2000 and recorded March 28, 2000 in Mortgage Book 1602 Page 582. Said mortgage was assigned to Mortgage Electronic Registration Systems, Inc., no inee for Household Finance Corporation by instrument recorded October 2, 2000 in Miscellan ous Record Book 656, Page 40. Complaint in Mortgage Foreclosure filed on June 23, 2004 by Mortgage Electr nic Registration Systems, Inc., Household Finance Corporation as Plaintiff against Charles A. Winn in the Office of the Prothonotary to file number 2004-2901. Judgment in the amount of $124,416.75 entered on September 15,2004. 8. Judgment in the amount of $612.50 entered by the Borough of Carlisle as Plai tiff against Charles A. Winn as Defendant in the Office of the Prothonotary on March 18,200 9. Satisfactory evidence to be produced that proper notice was given to the holde of all liens and encumbrances intended to be divested by subject Sheriff Sale. 10. Real estate taxes accruing on and after July I, 2005 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has an search been made for environmental liens in Federal District Court. j, Robert G. Frey, Agent Note: This Tide Report shall not be valid r inding until countersigned by an authorized sign to REAL ESTATE SALE NO. Writ No. 2004-2901 CiVil Mortgage Electronic Regfstra n Systems. tne.. as Nominee f r Household Finance Corporatl n vs. Charles A. Winn Atty.: Terrence McCabe All that certain lot or piee of ground situate in Carlisle Bora gh. City of Carllsle. County of Cum er- land. Commonwealth of Pennsy va- nia, ON the East by North Coil ge Street: on the South by the ceo er- lIne of an unopened alley 16 et wide which it is intended not to be opened. on the West by an alley 16 feet wide: and on the North by t No 4 of Block 27 on the herein er mentioned Plan of Lots. HAVlNG a frontage of S8 fee North College Street and exten ing 200 feet in depth: and being ts Nos. 5 and 6 of Block 27 on he Plan of Lots of Carlisle Land d Improvement Company as reeD ed in the office of the Recorde of Deeds for Cumberland Coun In Misc. Book 11. Page 572. BEING :Improved wtth a one d one~ha1f story from detached dw D- ing house known as No. 924 No College Street. BEING KNOWN AS 924 No h College Street. Carlisle. PA 1701 . Being the same premises whi h Charles A. Wlnn and Denise Winn. by deed dated the 23rd d y of March 2000, and recorded in e Office of the Recorder in and f r Cumberland County in Deed Boo I Volume 218. Page 244. granted conveyed to Charles A. Winn, in fe . TAX MAP PARCEL NUMBER: 0 19-1643-149. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2901 Civil Term Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation VS Charles A. Winn Harold Weary, Deputy Sheriff, who being duly sworn according to law, states th t on December 06, 2004 at 4:55 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Charles A. Winn, by posting the property, pursuant order of court, located at 924 North College Street, Carlisle, Cumberland County, Pennsylvania. Jason Vioral, Deputy Sheriff, who being dilly sworn according to law, states that on January 03, 2005 at 8:08 o'clock A.M., he posted a true copy of the within Real Esta Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles A. Winn located at 924 North College Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Charles A. Winn, by regillar mail to his last known address of 924 North College Street, Carlisle, PA I 7013. This letter was mailed under the date of December 29, 2004 and returned to the Sheriffs Office on January 04, 2005 with reaso checked, "Attempted, Not Known. 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 March 02, 2005 at 10:00 o'clock A.M. He sold the same for t e sum of $71,700.00 to Ann Gatchell for Central Penn Property Services, Inc. It being t highest bid and best price received for the same, Central Penn Property Services, Inc. 0 100 South 7th Street, Akron, P A 1750 I, being the buyer in this execution, paid to She ff R. Thomas Kline the sum of$75,021.80. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 1434.00 15.00 15.00 30.00 10.00 .50 1.00 7.40 . Levy Certified Mail Surcharge Posting Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 15.00 1.76 20.00 6.00 237.50 317.11 30.73 25.00 39.50 $ 2235.50 Sworn and subscribed to before me This ,;z u day of a~ 200S,A.D.fi J,', ~ Prothonotary ~~~~ R. Thomas Kline, Sheriff BY j6CfjS~ Real Esta eputy McCABE, WEISBERG AND CONWAY, p.e. BY: TERRENCEJ.McCABE,ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation v. Cumberland County Court of Common Pleas Charles A. Winn Number 04-2901 AFFIDA VIT 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 t e real property located at 924 North College Street, Carlisle, PA 17013, a copy of the description f said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address 924 North College Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Charles A. Winn Same as #1 Above 3. Name and last known address of every judgment creditor whose judgment is a ecord lien on the real property to be sold: Name Address Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation 636 Grand Regency Bo levard P.O. Box 2369 Brandon,~ 33510 and P.O. Box 2026 Flint, MI 48501 4. Name and address of the last recorded holder of every mortgage of record: Name Address Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation 636 Grand Regency B levard P.O. Box 2369 Brandon, FL 33510 and P.O. Box 2026 Flint, MI 48501 5. Name and address of every other person who has any record interest in or rec rd 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 knowledg who has any interest in the property which may be affected by the sale: Name Address Tenant(s) 924 North College Street Carlisle, PA 17013 Domestic Relations Armstrong County Court House Rm I 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 f my personal knowledge or information and belief. I understand that false statements herein ar made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to auth rities. DATE " ~,~~ ~oJ: ) TERRE EJ.McCAB ,ESQUIRE Attorney for Plaintiff November 18, 2004 . . LEGAL DESCRIPTION All that certain lot or piece of ground situate in Carlisle Borough, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania. ON the East by North College Street: on the South by the centerline of an unopened alley 16 feet Wide which it is intended not to be opened, on the West by an alley 16 feet wide: and on the North by Lot No.4 of Block 27 on the hereinafter mentioned Plan of Lots. HAVING a frontage of 58 feet on North College Street and extending 200 feet in depth: and being Lots Nos. 5 and 6 of Block 27 on the Plan of Lots of Carlisle Land and Improvement Company as recorded in the office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a one and one-half story from detached dwelling house known as No. 924 North College Street. BEING KNOWN AS 924 North College Street, Carlisle, PA 17013. Being the same premises which Charles A. Winn and Denise L. Winn, by deed dated the 23'. day of March 2000, and recorded in the Office of the Recorder in and for Cumberland County in Deed BookNolume 218, Page 244, granted and conveyed to Charles A. Winn, in fee. TAX MAP PARCEL NUMBER: 06-19-1643-149 Exhibit A ~ 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 Mortgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation v. Cumberland County Court of Common Pleas Charles A. Winn Number 04-2901 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Charles A. Winn 924 North College Street Carlisle, PA 17013 Your house (real estate) at 924 North College Street, Carlisle, PA 17013, is schedul d to be sold at Sheriff's Sale on March 2, 2005 at 10:00 a.m. in the Commissioner's Hearing Room ocated on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, arlisle, Pennsylvania 17013, to enforce the court judgment of $124,416.75 obtained by M rtgage Electronic Registration Systems, Inc., as Nominee for Household Finance Corporation agai st you. NOTICE OF OWNER'S RIGHTS YOU MA Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: I. The sale will be canceled if you pay to Mortgage Electronic Registration S stems, Inc., as Nominee for Household Finance Corporation, the back paymen s, late charges, costs, and reasonable attorney's fees due. To find out how much y 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 r open the judgment, if the judgment was improperly entered. You may also ask th 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 ch e you will have of stopping the sale. (See the following notice on how to obtain an attorney.) I- . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HA VE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 4 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. Y u 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 rossly 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 t e sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (21 ) 790- 1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owne of the property as if the sale never happened. 5. You have aright to remain in the property until the full amount due is paid to the She 'ffand the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceel . ngs to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sh, . ff not later than 30 days after sale. Distribution will be made in accordance with the s hedule 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 bad if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER GO TO OR TELEPHONE THE OFFICE ET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION A OUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAYBE ABT I? TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFF I?R LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO F E. LA WYER REFERRAL SERVICE OR COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYL VANIA 17013 (717) 240-6200 CUMBERLAND COUN I'Y BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 . LEGAL DESCRIPTION All that certain lot or piece of ground situate in Carlisle Borough, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania. ON the East by North College Street: on the South by the centerline of an unopened alley 16 feet Wide which It IS mtended not to be opened, on the West by an alley 16 feet wide: and on the North by Lot No.4 of Block 27 on the hereinafter mentioned Plan of Lots. HAVING a frontage of 58 feet on North College Street and extending 200 feet in depth: and being Lots Nos. 5 and 6 of Block 27 on the Plan of Lots of Carlisle Land and Improvement Company as recorded in the office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a one and one-half story from detached dwelling house known as No. 924 North College Street. BEING KNOWN AS 924 North College Street, Carlisle, PA 17013. Being the same premises which Charles A. Winn and Denise L. Winn, by deed dated the 23"' day of March 2000, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book/Volume 218, Page 244, granted and conveyed to Charles A. Winn, in fee. TAX MAP PARCEL NUMBER: 06-19-1643-149 . WRIT OF EXECU'f.ION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2901 Civil CNIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., AS NOMINEE FOR HOUSEHOLD FINANCE CORP. PIaintiff(s) From CHARLES A. WINN, 924 N. COLLEGE ST., CARLISLE PA 17013. (I) You are directed to levy upon the property ofthe defendant (s)and to sell REAL ESTATE LOCATED AT 924 N. COLLEGE ST., CARLISLE PA 17013 (SEE LEGAL DESCRIPTON) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNlSHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fr m paying any debt to or for the account of the defendant (s) and from delivering any property of the defen ant (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 a a garnishee and is enjoined as above stated. Amount Due $124,416.75 L.L. $.50 Interest FROM 9/12/04 - 3/2/05 AT $20.45 per diem = $3,496.95 Ally's Comm % Due Prothy $1.00 Atty Paid $151.40 Other Costs Plaintiff Paid Date: NOVEMBER 30, 2004 CURTIS R. LONG (Seal) By: ~l DeputY REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQ. Address: 123 S. BROAD ST., STE 2080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 16496 Real Estate Sale # 19 On December 01, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 924 North College Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 01,2004 BY0D dJ;;S rvtith Real Estaie Deputy @) C:U;1 ~ C..'J &r:;) l:iinl Ii \\ :~ dOt. ~t)H I\UUI .' ,.,',"\ ,':f..-;i,'-' 1i1;:t3U~3\iJ. 'jo"f)\ JJO . - ,,/1 . 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 James L. Clark, heing duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager of The Patriot News Co., a corporation organized and xlStmg under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 t 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of e Patriot,News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 t 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News ere established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously publis d ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and pub 'shed in their regular daily andlor Sunday/ Metro editions which appeared on the 18th and 25th day(s) of January a the 1st day(s) of February 2005. That neither he nor said Company is interested in the subject matter of said prin d notice or advertising, and that all of the allegations of this statement as to the time, place and character of pub' cation are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to veri this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously pas ed 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" ", Volume 14, Page 317. PUBLICATION /1 / (j. ~ " I ....................................................(.........:.................................. COPY SALE#19 Sworn to and subscribed before m NOTARIAl Terry l. Russell, Not Oly of Harrisburg. Do My Commission Expires June 6. 2 Memt:~r Penn~r!v'lnr.gA.!Isor:. riOt YPUBLIC . n expires June 6, 2006 I CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE 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 317.11 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 h ve been duly paid. By.............................................................. ..... REAL ESTATE SALE No.1' Wrtl No. 2004-2901 CIvIITenn Mortgage E_11k: Reg_on Systems. Inc., As Nominee for He_lei Finance Corp. Va CharIes~ Wlnn AIIy:T~ McCSbe oJ. DESCRIPTION ALL THKr CEKrAlN l.t or piece of ground _ in Carlisle Borough. Cil)' of Carlisle. COWl\)' .r CwnherIand, Coounonweolth of f~.1h..d.. ~,t~~~ ___kil__abe.,.., ..... West by an alley 16 feet wide; and..... _.byl.o<N..4ofBlockrr....._ JIltIlliooedPlan.fLo/.!. HAVlNG a fron1age .f 58 feel 00 Nonh C.1Iq;e Street and ".tending 200 feet in doPch; and beins l.o<s Nos. 5 and 6 of Block 27 .. ... Plan o( Lo/.! .f Carlisle Land and .vemeot Company .. _ in the OlIice of the _ of u.eds lot CUolba'.\aod County in MiJe.llookll,J'asesn. BEING improved with a one-and-ane-ltalf story from _ dwelling boose known as N.. 924 Nonh C.1Itge Street. BEING KNOWN AS 924 Nonh C01ltge S_Catlisle,PAlmll BFJNG the same tlreo>ses .mcb Cbarits A. Wmo and DeDi.e 1.. Wnul!>Y deed datfd the 23nl day of _b 2000. and redmIed in the 0lIice of ... Reconler in and lot CUntbedand County in DeolllooklVolnme 218, J'ase"244, gnmf<<I and conveyed to Cbarits A. WIJIIl, in fee. TAX MAP PARCI'L 1f06.1!H64J.I49. . . 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 Count and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberlan Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aD resaid, 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 re issued weekly in the said County, and that the printed notice or publication attached heret IS exactly the same as was printed in the regular editions and issues of the said Cumberland aw Journal on the following dates, VIZ: Janua 14,21,28,2005 Affiant further deposes that he is authorized to verify this statement by the Cumber and Law Journal, a legal periodical of general circulation, and that he is not interested in the su ject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. '( ,..-- SWORN TO AND SUBSCRIBED before me t is 28 day of January. 2005 ~>11~) J: ...In.',.....dIlAJ Notary REAL ESTATE SALE NO. 19 Writ No. 2004-2901 Civil Mortgage Electroruc Registration Systems, Inc.. as Nominee for Household Finance Corporation VS. Charles A. Winn Atty.: Terrence McCabe All that certain lot or piece of ground situate in Carlisle Borough, City of Carlisle, County of Cumber- land, Commonwealth of Pennsylva- nia. ON the East by North College Street: on the South by the center- line of an unopened alley 16 feet wide which it is intended not to be opened. on the West by an alley 16 feet wide: and on the North by Lot No 4 of Block 27 on the hereinafter mentioned Plan of Lots. HAVlNG a frontage of 58 feet on North College Street and extending 200 feet in depth: and being Lots Nos. 5 and 6 of Block 27 on the Plan of Lots of Carlisle Land and Improvement Company as recorded jn the off1ce of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a one and one~half story from detached dwell~ ing house known as No. 924 North College Street. BEING KNOWN AS 924 North College Street, Carlisle, PA 17013, Being the same premises which Charles A. Winn and Denise L. Winn, by deed dated the 23rd day of March 2000, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book/ Volume 218, Page 244, granted and conveyed to Charles A. Winn, in fee. TAX MAP PARCEL NUMBER: 06- 19-1643-149.