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HomeMy WebLinkAbout10-6720SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ~~~~~itt, ~t C*ittNbcr~~~~d~ Chief Deputy ~ ~~.~ +~ t ',~~ , Richard WStewart Solicitor ~,~~ ~~~F r~~ -s~rRI~F Household Finance Consumer Discount Co. Case Number vs. George D. Gale (et al.) 2010-6720 SHERIFF'S RETURN OF SERVICE 10/26/2010 05:55 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 26, 2010 at 1755 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: George D. Gale, by making known unto himself personally, at 408 Limestone Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. ' G ROB RT BITNER, DEPU 10/26/2010 05:55 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 26, 2010 at 1755 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nichole S. Gale, by making known unto George D. Gale, Husband of defendant at 408 Limestone Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. C, RO ERT BITNER, D SHERIFF COST: $49.40 October 27, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~~ ~, °.:# :-~ m c~ =~:: ~ ~ , f~~ i y J r~ ~ ~ ~ v ((' . 'o...Z '^r W.~ ~ ~ ~~' `w+i''`s.' p~ n`^y (c; CountySuite Sheriff. Teleosoft. Inc. FILED-OFFICE MILSTEAD & ASSOCIATES, LLC OF THE PROTHONOTARY BY: Patrick J. Wesner, Esquire 2010 DEC 14 AM 11: '13 S ID No. 203145 220 Lake Drive East, Suite 301 CUMBERLAND COUNTY Cherry Hill, NJ 08002 PENNSYLVANIA (856) 482-1400 Attornev for Plaintiff Our File No. 22.13650 Household Finance Consumer Discount Company, Plaintiff, Vs. George D. Gale, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-6720 Withdrawal and Entry of Appearance and Nichole S. Gale, Defendant(s). WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Mary L. Harbert-Bell., Esquire as counsel for the Plaintiff, and enter my appearance on behalf of the Plaintiff, Household Finance Consumer Discount Company, in the above captioned matter. MILSTEAD & ASSOCIATES, LLC BY: MAR T-BELL, ESQ Withdrawing Attorney MILSTEAD & ASSOCIATES, LLC BY: PAT . ES ,ESQUIRE Attorney ID No. 2 V45 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Household Finance Consumer Discount COURT OF COMMON PLEAS Company CUMBERLAND COUNTY 636 Grand Regency Boulevard Brandon, FL 33510, Plaintiff, No.: 10-6720 Vs. ' George D. Gale ? CZ 408 Limestone Road ? r-n cz, " -- + Carlisle, PA 17015, cz; and ` n\, :s r7i Nichole S. Gale ?' Q 408 Limestone Road x? Carlisle PA 17015, 1 _? 1\J Defendants. PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against George D. Gale and Nichole S. Gale, Defendants, for failure to file an Answer on Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $252,109.69 Interest 10/20/10 through 12/20/10 4,255.36 Late Charges 224.86 TOTAL $256,589.91 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordance with Rglo_-W. L p' attached. Attorney uire DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: 2- - a 1 PRO HON T Y wal ? IN po PD °`? {00529738} a Q? as \Aak ?{d No?? MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Our file number: 22.13650 Household Finance Consumer Discount COURT OF COMMON PLEAS Company, CUMBERLAND COUNTY Plaintiff, No.: 10-6720 Vs. George D. Gale and Nichole S. Gale, Defendants. TO: George D. Gale Nichole S. Gale 408 Limestone Road, 408 Limestone Road, Carlisle, PA 17015 Carlisle, PA 17015 DATE OF NOTICE: December 10, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. {00525103} Page I of 2 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC yer, Esquire Attorney f or Plaintiff {00525103} Page 2 of 2 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Household Finance Consumer Discount Company, Plaintiff, Vs. George D. Gale, and Nichole S. Gale, Defendants. Attorney for. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-6720 VERIFICATION OF NON-MILITARY SERVICE Patrick J. Wesner, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, George D. Gale, is over 18 years of age and resides at 408 Limestone Road, Carlisle, PA 17015, 3. defendant, Nichole S. Gale, is over 18 years of age and resides at 408 Limestone Road, Carlisle, PA 17015. i c J. e er, Esquire {00529738} WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-6720 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff (s) From GEORGE D. GALE and NICHOLE S. GALE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $256,589.91 L. L..50 Interest From 12/21/10 to 6/1/11 at $42.18 per diem (6%) Atty's Comm % Due Prothy $2.00 Arty Paid $181.90 Other Costs Plaintiff Paid Date: 2!25/11 D. Buell, othonotary (Seal) By: Deputy REQUESTING PARTY: Name: PATRICK J. WESNER, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 203145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount Company, Plaintiff, Vs. George D. Gale and Nichole S. Gale, Defendants. CIVIL ACTION NO.: 10-6720 PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: George D. Gale Nichole S. Gale Real Property involved: 408 Limestone Road Carlisle, PA 17015 Amount Due Interest from 12/21/10 to 6/1/11 at $42.18 per diem (6%) TOTAL (Costs to be added) (?) DATE: February 23, 2011 ay. 6 al? &yq,UD Cop 4aoo « ?? 114. oo 'A '2,S6 u.. $qo *?d a *y {00553292) $256,589.91 n C -0:K rnco .=rn EC'U' ?o zo AC Z Respectively submitted, Milstte-aad--&?Associates LLC Patnc-Wesne'rgsquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 So7G0k-'XW F? m N cn -0 N C. m -c? rn C° _ -n ate' _,,,,r*s U)v'tt o?2L_Tss LAM ALL THAT CERTAIN LOT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBFRLA.ND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH PLAN OF LOTS KNOWN AS FORGE ROAD ACRES RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK 29, PAGE 76, AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERN SIDE OF HILLCREST DRIVE AS SHOWN ON THE ABOVE-MENTIONED PLAN, WHICH HILLCREST DRIVE IS NOW KNOWN AS LIMESTONE ROAD, ON THE DIVIDING LINE BETWEEN LOTS. NOS. 10 AND 11 OF SECTION "G" ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE BETWEEN SAID LOTS NOS. 10 AND 11 OR SECTION "G", SOUTH 04 DEGREES 44 MINUTES EAST A DISTANCE OF 150 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOTS NOS. 6 AND 10 OF SECTION "G" AS SHOWN ON SAID PLAN OF LOTS, SOUTH 85 DEGREES 16 MINUTES WEST A DISTANCE OF 100.36 FEET TO A POINT; THENCE NORTH 04 DEGREES 44 MINUTES WEST A DISTANCE OF 150 FEET TO A POINT ON THE SOUTHERN LINE OF SAID HILLCREST DRIVE WHICH IS NOW KNOWN AS LIMESTONE ROAD; THENCE BY THE SOUTHERN SIDE OF SAID LIMESTONE ROAD, NORTH 85 DEGREES 16 MINUTES EAST A DISTANCE OF 100.36 FEET TO A POINT AT THE PLACE OF BEGINNING. THE ABOVE DESCRIBED LOT OF LAND IS ALL OF LOT NO. 10 SECTION "G" AS SHOWN ON SAID PLAN OF LOTS KNOWN AS FORGE ROAD ACRES, RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK 29, PAGE 76. SUBJECT, HOWEVER, TO THE RESTRICTIONS AND CONDITIONS RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN MISCELLANEOUS RECORD BOOK 166, PAGE 512, EXCEPT AS FOLLOWS; ANY DWELLING HOUSE CONSTRUCTED ON ANY LOT SHALL HAVE NOT LESS THAN 1100 SQUARE FEET OF LIVING AREA. THE EXTERIOR DIMENSIONS OF ANY RANCH-TYPE DWELLING HOUSE COMMITTED ON ANY LOT SHALL BE NOT LESS THAN 26 FEET BY 44 FEET, EXCLUDING GARAGE OR CARPORT. A GARAGE OR CARPORT AT LEAST 14 FEET WIDE SHALL BE ERECTED WITH EACH DWELLING HOUSE. THE ABOVE DESCRIBED LOT NO. 10 OF SECTION "G" IS ALL OF TRACT NO. 1 WHICH D D & M CONSTRUCTION, BY ITS DEED DATED SEPTEMBER 27, 1977, AND RECORDED SEPTEMBER 27. 1977, IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, CARLISLE, PENNSYLVANIA, IN DEED BOOK "L", VOLUME 27, PAGE 112 GRANTED AND CONVEYED TO ROBERT M. FREY AND ELVA FAY FREY, HUSBAND AND WIFE, TRUSTEES, THE GRANTORS HEREIN. Being known as 408 Limestone Road, Carlisle, PA 17015 Tax Parcel Number: 40-24-0758-188 {00553292} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff E P U -VION01AR"I 20!! FEB 25 PM 2' 4 I CUMBERLAND PENN Household Finance Consumer Discount COURT OF COMMON PLEAS Company, CUMBERLAND COUNTY Plaintiff, No.: 10-6720 Vs. AFFIDAVIT OF SERVICE George D. Gale PURSUANT TO RULE 3129.1 and ' Nichole S. Gale, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Household Finance Consumer Discount Company, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 408 Limestone Road, Carlisle, PA 17015: 1. Name and address of Owners(s) or Reputed Owner(s): George D. Gale 408 Limestone Road Carlisle, PA 17015 Nichole S. Gale 408 Limestone Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known 4. Name and Address of the last recorded holder of every mortgage of record: {00553292} Household Finance Consumer Discount Company (Plaintiff herein) 636 Grand Regency Boulevard Brandon, FL 33510 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 408 Limestone Road Carlisle, PA 17015 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the 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. Patnc esner, t squire Attorney for Plaintiff Date: February 23, 2011 {00553292} MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff ?rLED-OFFICE NOt4O TA R' 2,it t FEB 2S PM 2: 41 CUMBERLAND C PENNSYLyAN ANTY Household Finance Consumer Discount COURT OF COMMON PLEAS Company, CUMBERLAND COUNTY Plaintiff, No.: 10-6720 Vs. NOTICE OF SHERIFF'S SALE OF George D. Gale, REAL PROPERTY PURSUANT and TO PA.R.C.P.3129 Nichole S. Gale, Defendants. TAKE NOTICE: Your house (real estate) at 408 Limestone Road, Carlisle, PA 17015, is scheduled to be sold at sheriff's sale on June 1, 2011 at 10:00 am Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $256,589.91 obtained by Household Finance Consumer Discount Company. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. {00553292} 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market 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 Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 22.13650 {00553292} ALL THAT CERTAIN LOT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH PLAN OF LOTS KNOWN AS FORGE ROAD ACRES RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK 29, PAGE 76, AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERN SIDE OF HILLCREST DRIVE AS SHOWN ON THE ABOVE-MENTIONED PLAN, WHICH HILLCREST DRIVE IS NOW KNOWN AS LIMESTONE ROAD, ON THE DIVIDING LINE BETWEEN LOTS. NOS. 10 AND 11 OF SECTION "G" ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE BETWEEN SAID LOTS NOS. 10 AND 11 OR SECTION "G", SOUTH 04 DEGREES 44 MINUTES EAST A DISTANCE OF 150 FEET TO A POINT; THENCE BY THE DIVIDING LINE BETWEEN LOTS NOS. 6 AND 10 OF SECTION "G" AS SHOWN ON SAID PLAN OF LOTS, SOUTH 85 DEGREES 16 MINUTES WEST A DISTANCE OF 100.36 FEET TO A POINT; THENCE NORTH 04 DEGREES 44 MINUTES WEST A DISTANCE OF 150 FEET TO A POINT ON THE SOUTHERN LINE OF SAID HILLCREST DRIVE WHICH IS NOW KNOWN AS LIMESTONE ROAD; THENCE BY THE SOUTHERN SIDE OF SAID LIMESTONE ROAD, NORTH 85 DEGREES 16 MINUTES EAST A DISTANCE OF 100.36 FEET TO A POINT AT THE PLACE OF BEGINNING. THE ABOVE DESCRIBED LOT OF LAND IS ALL OF LOT NO. 10 SECTION "G" AS SHOWN ON SAID PLAN OF LOTS KNOWN AS FORGE ROAD ACRES, RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK 29, PAGE 76. SUBJECT, HOWEVER, TO THE RESTRICTIONS AND CONDITIONS RECORDED IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN MISCELLANEOUS RECORD BOOK 166, PAGE 512, EXCEPT AS FOLLOWS; ANY DWELLING HOUSE CONSTRUCTED ON ANY LOT SHALL HAVE NOT LESS THAN 1100 SQUARE FEET OF LIVING AREA. THE EXTERIOR DIMENSIONS OF ANY RANCH-TYPE DWELLING HOUSE COMMITTED ON ANY LOT SHALL BE NOT LESS THAN 26 FEET BY 44 FEET, EXCLUDING GARAGE OR CARPORT. A GARAGE OR CARPORT AT LEAST 14 FEET WIDE SHALL BE ERECTED WITH EACH DWELLING HOUSE. THE ABOVE DESCRIBED LOT NO. 10 OF SECTION "G" IS ALL OF TRACT NO. 1 WHICH D D & M CONSTRUCTION, BY ITS DEED DATED SEPTEMBER 27, 1977, AND RECORDED SEPTEMBER 27. 1977, IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, CARLISLE, PENNSYLVANIA, IN DEED BOOK "L", VOLUME 27, PAGE 112 GRANTED AND CONVEYED TO ROBERT M. FREY AND ELVA FAY FREY, HUSBAND AND WIFE, TRUSTEES, THE GRANTORS HEREIN. Being known as 408 Limestone Road, Carlisle, PA 17015 Tax Parcel Number: 40-24-0758-188 {00553292} SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i P R Q1 Jody S Smith ri i t F i ???Sr 4 ?1,p(?r??? .. Chief Deputy OCT -5 Richard W Stewart Pill, !: 4 Solicitor ; s ,? - Ii ERLAND CnUp,i-j-„ ?, .,,';A Household Finance Consumer Discount Co. vs. George D. Gale (et al.) Case Number 2010-6720 SHERIFF'S RETURN OF SERVICE 03/17/2011 02:58 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Nichole S. Gale at 408 Limestone Road, South Middleton Township, Carlisle, PA 17015, Cumberland County. 03/22/2011 06:09 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: George D. Gale at 408 Limestone Road, South Middleton Township, Carlisle, PA 17015, Cumberland County. 03/29/2011 Noah Cline, Sheriffs Deputy, being duly sworn according to law, states service was performed by poting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 408 Limestone Road, Carlisle, Cumberland County. 06/01/2011 As directed by Patrick J. Wesner, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/3/2011 07/29/2011 As directed by Patrick J. Wesner, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/2011 10/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,046.34 October 05, 2011 SO ANSWERS, 4NRR- CX11 RSON, SHERIFF 4 C?3 >?? On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 408 Limestone Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-6720 Civil Household Finance Consumer Discount Co. VS. George D. Gale Nichole S. Gale Atty.: Patrick J. Wesner ALL THAT CERTAIN lot of land situate in South Middleton Town- ship, Cumberland County, Penn- sylvania, bounded and described in accordance with plan of lots known as Forge Road Acres recorded in the hereinafter named Recorder's Office in Plan Book 29, Page 76, as follows: BEGINNING at a point on the southern side of Hillcrest Drive as shown on the above-mentioned plan, which Hillcrest Drive is now known as Limestone Road, on the dividing line between Lots. Nos. 10 and 11 of Section "G" on the herein- after mentioned plan of lots; thence by said dividing line between said Lots Nos. 10 and 11 or Section "G", South 04 degrees 44 minutes East a distance of 150 feet to a point; thence by the dividing line between Lots Nos. 6 and 10 of Section "G" as shown on said plan of lots, South 85 degrees 16 minutes West a distance of 100.36 feet to a point; thence North 04 degrees 44 minutes West a distance of 150 feet to a point on the southern line of said Hillcrest Drive which is now known as Limestone Road; thence by the southern side of said Limestone Road, North 85 degrees 16 minutes East a distance of 100.36 feet to a point at the place of BEGINNING. The above described lot of land is all of Lot No. 10 Section "G" as shown on said plan of lots known as Forge Road Acres, recorded in the hereinafter named Recorder's Office in Plan Book 29, Page 76. SUBJECT, however, to the restric- tions and conditions recorded in the hereinafter named Recorder's Office in Miscellaneous Record Book 166, Page 512, except as follows; ANY dwelling house constructed on any lot shall have not less than 1100 square feet of living area. The exterior dimensions of any ranch-type dwelling house commit- ted on any lot shall be not less than 26 feet by 44 feet, excluding garage or carport. A garage or carport at least 14 feet wide shall be erected with each dwelling house. THE ABOVE DESCRIBED Lot No. 10 of Section "G" is all of Tract No. 1 which D D & M Construction, by its deed dated September 27, 1977, and recorded September 27. 1977, in the Office of the Recorder of Deeds in and for Cumberland County, Car- lisle, Pennsylvania, in Deed Book "L", Volume 27, Page 112 granted and conveyed to Robert M. Frey And Elva Fay Frey, husband and wife, trustees, the grantors herein. Being known as 408 Limestone Road, Carlisle, PA 17015. Tax Parcel Number: 40-24-0758- 188. 24 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. itor isa Marie Coyne, E 7 SWORN TO AND SUBSCRIBED before me this 6 da of May, 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. ? ?10 ,r ??? '2020 Technology Pkwy Suite 360 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ? Now you know CARLISLE PA 17013 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and exisgting uvvnyder the laws of the Commonwealth of Pennsylvania, Cumberland, Statel of Penpsyl ania, ow er and2publisher of The Patriot N ws anOdlThe Sunday Township of Hampden, County of C Patriot-News newspapers of ges and The ISulndayrPat of Newsbwere est b shedaMarchhr4th,11854, and Sept mberd 8th,1949, aforesaid; that The Patriot News an Y respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily an y i Sunday/ Community Weekly er olf said printedPnotice oor d ertising, a dl that allll of he allegations of this statement as Company is interested in the subject matt F to the time, place and character of publication are true; and That she has personal knowledge ofvirtue andafursua d to a esolut on unranimously passedraad adop td seveaally by the behalf of The Patriot-News Co. aforesaid by P stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Dee s in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04122111 04/29/11 05106/11 C I ? ;? y`? C. ..?.iA.1... . r' Sworn to anOubscribed bef e this 23 day of May, 2011 A.D. .R r Notary Public C ONINIONW?rn pF PENNSYLVANIA, _ Notarial Seal l Sherrie L. Kisner, Notary Public t owc. Raxton Twp., Dauphin County res Nov. 26, 2011 ;+y Commission Fxpi -- M ?snns?,lvanla ASSOOKIOn of Notaries 2 0104720 CIW %nn Woh-La __ D 6;--- nrr Vs ?mp D. Gaf® Aft A ,Qb Jnsr All T certain Lot Of Land Situate Ln South hfidtetn Township Cumberland Counq, ?3 Bounded Desaedln?? Pl And R,W Known As Forge In Of Iaits Ih,, Heremaher Act" Recorded in NOW Recorder's Office In Plan Book 29, Page 76, As Follows: Beginning At A PAj On The Southern Side Of Hillcrest Drive As Shown On The Above-Mentioned Plan; Which Hillcrest Drive Is Now Known As Limestone Road, On The Dividing Line Between Lots. Nos. 10 And T 1 Of Section "G" On The Hereinafter Mentioned Plan of Lots; Thence By Said Dividing Line Between Said Lots Nos. 10 And 11 Or Section "f3", South 04 Degrees 44 Minutes Fast A Distance Of 150 Feet lb A Point; T'hence By The Dividing Line Between Lots Nos. 6 And 10 Of Section "G° As-Shown OnU' d Plan Of Lots, South 85 Degrees 16 Minutes West A Distance Of 100.36 Feet To A Point; Thence North 04 Degrees 44 Minutes West A Distance Of 150 Feet Tb A Point On The Southern Line Of Said HillcrestDrive Which Is NOW Known As Limestone Road; Thence By The Southern Side Of Said Limestone Road, North 85 Degrees 16 Minutes East A Distance Of 100.36 Feet To A ,Point At The Place Of Beginning. The Above Described Lot Of Land Is All Of Lot No. 10 Section "G" As Sh%M On Said Plan Of Lots Known As Forge Road Acres, Recorded In The Hereinafter Named Recorder's Office In Plan Book 29, page 76. Subject, However, To The Restrictions And Conditions Recorded In The Hereinafter Named Recorder's Office In Miscellaneous Record Book 266, Page 512, Fce pt As Follows; AnY Dwelling House, Constructed On Any Lof Shall Have Not less Than 1100 Square Feet Of Living Area. The Exterior Dimensions Of Any Ranch- '4W Dwelling House Committed On Any Lot Shall Be Not Less Than 26 Feet By 44 Feet, Excludir, Garage Or Carport. A arago Or Carport At Least 14 Feet Wide Shall Be Erected Wnh Each Dwelling House. The Above Described Lot No. 10 Of Seddon "G" Is All C Traa No. 1 Which D D & M Construction, By Its Deed Dated September 27, 1977, And Recorded September 27. 1977,. In The Office of The Recorder of Deeds In And For Cumberland Cdlktty, Carlisle, Pennsylvania, InDeed Book"L", Volume 27, Page, Granted And Conveyed To Robert- M. Frey And );Iva Fay Frey, Husband And Wde; Trustees, The Grantors Herein. Being Known. As 408 Limestone Road, Carlisle, Pa 17015 Tarr Parcel Number: 40.244756-188 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM - ID # 309480 BRIAN T. LAMANNA ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company FILED-OFFICE el rHE PROTHONOTARY Attorneys for Plaintiff 2012 JAN -3 PM 1: 46 CUPENNY ATY VAN Cumberland County Court of Common Pleas Plaintiff V. Number 2010-06720 George D. Gale and Nichole S. Gale Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of McCabe, Weisberg & Conway, P.C., as co-counsel for Plaintiff, in the above captioned matter. DATE: 3v TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM - ID # 309480 BRIAN T. LAMANNA ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Attorneys for Plaintiff Cumberland County Court of Common Pleas Plaintiff V. Number 2010-06720 George D. Gale and Nichole S. Gale Defendants CERTIFICATE OF SERVICE The undersigned Attorney for Plaintiff, hereby certifies that a true and correct copy of the within Entry of Appearance was served on the below parties on the /L by the United States mail, first class: George D. Gale 408 Limestone Road Carlisle, Pennsylvania 17015 Philip Charles Briganti 74 West Pomfret Street Carlisle, Pennsylvania 17013 Nichole S. Gale 408 Limestone Road Carlisle, Pennsylvania 17015 Date: C .Z //30 k- /A&A TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff 9F T IPRt ED ;j0QFJ'CQE Q TARP 2011 JUL 27 AM 9: 54 C M TY Our File No. 22.13650 nouseftold Finance Consumer Discount Company, Plaintiff, Vs. ' George D. Gale Nichole S. Gale, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-6720 Withdrawal of Aar.-9ncc WITHDRAWAL OF APP CE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Plaintiff, Household Finance Discount Company. MILSTEAD & ASSOCIATES, LLC DATED: -7 1-L4147-, BY: PATRICK J. WES R, SQ Attorney ID No. 2 14