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HomeMy WebLinkAbout11-2568McCABE, 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 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company V. John R. Hurley, Nancy M. Hurley and Occupants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2011-2568 PRAECIPE TO INDEX DEFENDANTS TO THE PROTHONOTARY: r rk 71,3 -J M Kindly index Sean Hurley as a Defendant in the above-captioned matter pursuant to Pa.R.C.P. 410(b)(2). Sheriff s service return indicates that Sean Hurley is an Occupant at, 12 Chestnut Street, Newville, Pennsylvania 17241, the premises in the above captioned matter. McCABE, `W BERG, AND CONWAY, P.C. / 1 BY: _ Attorne o Plaint TERRENCE J. cCAB , ESQUIRE MARC S. WEISBE QUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE 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 CHRISTINE L. GRAHAM, ESQUIRE ID# 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS V. John R. Hurley, Nancy M. Hurley, Occupants and Sean Hurley Number 11-2568-CIVIL P R A E C I P E TO THE PROTHONOTARY: 0 -71 f i W L^ ? N 70 ?Y C ) C) -r, CD cc : r) H ? Kindly enter judgment for possession against the Defendants John R. Hurley, Nancy M. Hurley, Occupants and Sean Hurley in the above-captioned matter for failure to answer Complaint in twenty days as required by Pennsylvania Rules of Civil Procedure. Premises: 12 Chesnut Street. Newville Pennsylvania 17241 McCABE, WEISBERG, AND CONWAY, P.C. BY: ??-L--?-< Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE Q#A * ly.°v ?' a+{y Ck&137 5 >zw. Z58 401 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 CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company V. John R. Hurley, Nancy M. Hurley, Occupants and Sean Hurley Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-2568-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, being duly sworn according to law, deposes and says 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 Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, John R. Hurley, Nancy M. Hurley and Sean Hurley, are over eighteen (18) years of age, and reside at 12 Chesnut Neewwville, Pennsylvania 17241. SWORN AND SUBSCRI BEFORE ME TLII AY OF -A _x , 2011 NOTARY PUI [2MMUNWEAM?45YLV4N?r NOTARIAL SEAL Barbara J. Moyer-Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES JAN. 12, 2014 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE Attorneys for Plaintiff Request for Military Status Department of Defense Manpower Data Center Military Status Report ' Pursuant to the Service Members Civil Relief Act Page 1 of 2 Apr-21-2011 11:21:35 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency HURLEY NANCY Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- https://www.dmdc.osd.mil/appj/scra/popreport.do 4/21/2011 Request for Military Status contact. Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. Report ID:H9C8CGQHRI https://www.dmdc.osd.mil/appj/scra/popreport.do 4/21/2011 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Apr-21-2011 11:23:01 Name Last First/Middle Begin Date Active Duty Status Active Duty End Date S ence g y HURLEY JOHN R Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL htti)://www.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- https://www.dmdc.osd.mil/appj/scra/popreport.do 4/21/2011 Request for Military Status contact. Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. Report ID:J2000DEJOT https://w,,vw.dmde.osd.mil/appj/scra/popreport.do 4/21/2011 Request for Military Status Department of Defense Manpower Data Center ' Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Apr-21-2011 11:24:09 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency HURLEY SEAN Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fag/Vis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- https://www.dmdc.osd.mil/appj/scra/popreport.do 4/21/2011 Request for Military Status contact. Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Lfniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not b-- reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. Report ID:IPOKPA181A https://xvww.dmde.osd.mil/appj/scra/popreport.do 4/21/2011 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 CHRISTINE L. GRAHAM, ESQUIRE ID# 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company V. John R. Hurley, Nancy M. Hurley, Occupants and Sean Hurley Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-2568-CIVIL CERTIFICATION The undersigned attorney for Plaintiff, being duly sworn according to law, deposes and says that lie deposited in the United States Mail letters notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letters in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit "A". SWORN AND SUBS SA.-RIJ3ED BEFORE ME THI ? AY OF A a -.4 ,1 .2011 OTARY PUBLIC ;OMMONWEALTH CJF PEN?a??? t N ®TA I L Public Barbara J. Moyer-Notary Citj of Philadelphia, philadelphia County MY COMMISSION EXPIRES JAN. 12, 2014 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary March 25, 2011 John R. Hurley 12 Chestnut Street Newville, Pennsylvania 17241 Household Finance Consumer Discount Company CUMBERLAND COUNTY V. John R. Hurley, Nancy M. Hurley, Occupants and Sean Hurley COURT OF COMMON PLEAS Number 11-2568-CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU W ITHOUT 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 BEABLE TO PROVIDE YOU WITH INFORMATION ABOUTAGENCIES THATMAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O FOR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAk LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD' DE COMPARECER LISTED EN CORTE U OIR PREUBA ALGUNA,DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAcft ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECERLOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 MCCAj8F,1WE RG AND CONWAY, P.C. BY: \ Attorneys for intiff TERRENCE J. cCABE, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE CLG/dkg OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary March 25, 2011 Nancy M. Hurley 12 Chestnut Street Newville, Pennsylvania 17241 Household Finance Consumer Discount Company CUMBERLAND COUNTY V. John R. Hurley, Nancy M. Hurley, Occupants and Sean Hurley COURT OF COMMON PLEAS Number 11-2568-CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THATMAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO H',ABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O FOR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U OIR PREUBA ALGUNA, DIICTAR SENTENCIA EN SU CONTRA Y LISTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PiUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOQADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 MCCABE, WEISB AND CONWAY, P.C. (;-? , BY: Attorneys for Plain TERRENCE J. McCA ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE CLG/dkg OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary March 25, 2011 Occupants 12 Chestnut Street Newville, Pennsylvania 17241 Household Finance Consumer Discount Company CUMBERLAND COUNTY V. John R. Hurley, Nancy M. Hurley, Occupants and Sean Hurley COURT OF COMMON PLEAS Number 11-2568-CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAYOFFER LL-GAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA 'SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAIR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE FSTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD' DE COMPARECER LISTED EN CORTE U OIR PREUBA ALGUNA,DICTAR SENTENCIA EN SU CONTRA Y LISTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOOADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PIJEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO ICON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 McCABEj WEISBI?AG AND CONWAY, P.C. BY: Attorneys for i iff TERRENCE J.1 ABE, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE CLG/dkg OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary March 25, 2011 Sean Hurley 12 Chestnut Street Newville, Pennsylvania 17241 Household Finance Consumer Discount Company CUMBERLAND COUNTY V. John R. Hurley, Nancy M. Hurley, Occupants and Sean Hurley COURT OF COMMON PLEAS Number 11-2568-CIVIL NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY 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 CAN NOT AFFORD TO H IRE A LA W YER, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA 'SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADOIPOR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A' LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE 4STA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD' DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN S U CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUIEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOG4DO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO ?ON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECERi,LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 McCABE - EISBE . G AND CONWAY, P.C. BY: Attorneys for Plai ff TERRENCE J. ABE, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE CLG/dkg V MCCABE, WEISBERG AND CONWAY, P.C. 13Y: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 CHRISTINE L. GRAHAM, ESQUIRE ID# 309480 123 South Broad Street, Suite 2080 Attorneys for Plaintiff Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company CUMBERLAND COUNTY COURT OF COMMON PLEAS V. John R. Hurley, Nancy M. Hurley, Occupants and Sean Hurley Number I1-2568-CIVIL AFFIDAVIT OF LAST-KNOWN ADDRESS OF DEFENDANTs I, the undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that to the best of my information, knowledge and belief, the last-known address of the Defendants are as follows: John R. Hurley, Nancy M. Hurley, Occupants and Sean Hurley 12 Chesnut Street, Newville, Pennsylvania 1724 SWORN AND SUBSC B.ED? TERRENCE J. McCABE, ESQUIRE BEFO E ME THI /DAY MARC S. WEISBERG, ESQUIRE OF , 2011 EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE NOTARY PUBLIC Attorneys for Plaintiff CMMONWEALTH OF f ENNEYLVAN, FSErbaraJ I'ARIAL SEAL Moyer- Notary Publ ic hiladelphia, Philadelphia County MISSION EXPIRES JAN. 12, 2,014 VERIFICATION The undersigned, 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. McCABE, WEISBERG, AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID 8 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 CHRISTINE L. GRAHAM, ESQUIRE ID# 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company V. John R. Hurley, Nancy M. Hurley, Occupants and Sean Hurley McCABE, WEISBERG, AND CONWAY, P.C. PRAECIPE FOR WRIT OF POSSESSION TO THI_ PROTHONOTARY: Kindly issue Writ of Possession in the above-captioned matter. 12 Chesnut Street, Newville, Pennsylvania 17241 6?)) ot*va4.a) -00.1'4..( I a. Co C9 F 1 N.oo a'1 S a oa.oo 'Pd Z Attorneys for Plaintiff CUMBERLAND COUNTY - COURT OF COMMON PLEAS ` - r-- ? , -<> rn C3 ;: Number 11-2568-CIVIL r- ? o :, • ?*l yJ BY: / Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE ?9.0oPoe Co. 03-0 1819G4 R;0 o-159 LILI Writ 0F PoSS &e&, ,4 11111111111111 Tax Parcel No. 28-20-1754-023 Know all Men by these Presents That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar) to me in hand paid, do hereby grant and convey to Household Finance Consumer Discount Company Writ No. 2010-3600 Civil Term Household Finance Consumer Discount Company Vs John R. Hurley Nancy M. Hurley ALL THAT CERTAIN tract of land lying and being in the Borough of Newville, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of harry VernNeidlinger, Professional Engineer, dated October 9, 1974, to wit: BEGINNING at a point at the intersection of the southern line of Chestnut Street with the western line of a 16 feet wide alley; thence along the western line of said 16 feet wide alley, South 19 degrees 30 minutes East, a distance of 140 feet to a point at the intersection of said western line of a 16 feet wide alley with the northern line of a second 16 feet wide alley; thence along said second 16 feet wide alley, South 70 degrees 30 minutes West a distance of 40 feet to a point at corner of land now or formerly of Kenneth Shearer; thence along the eastern line of said land now or formerly of Kenneth Shearer, North 19 degrees 30 minutes West a distance of 140 feet to a point on the southern line of Chestnut Street; thence along the southern line of Chestnut, North 70 degrees 30 minutes East, a distance of 40 feet to a point, the place of BEGINNING. HAVING thereon erected a two-story frame dwelling house and other improvements, known as and ntunbered 12 Chestnut Street and being all of Lot No. 39 in Ahl's Addition to the Borough of Newville. BEING the same premises which Clyde P. Menges and Helen I. Menges, husband and wife, by Deed dated April 6, 1989 and recorded April 6, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W33 Page 596, granted and conveyed unto John R. Hurley and Nancy M. Hurley, husband and wife, in fee. PARCEL ID: 28-20-1754-023. X h b t A 10f 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY VS. No. 11-2568 Civil Term_ JOHN R. HURLEY, NANCY M. HURLEY, OCCUPANTS AND SEAN HURLEY Costs Attorney's $ 202.00 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY being: (Premises as follows): JOHN R. HURLEY, NANCY M. HURLEY, OCCUPANTS AND SEAN HURLEY, 12 CHESNUT STREET, NEWVILLE, PA 17241 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Common Pleas Court of umberland County, PA Date April 2.6, 2011 (Seal) 2 of 2 No 11-2568 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY vs. JOHN R. HURLEY, NANCY M. HURLEY, OCCUPANTS and SEAN HURLEY WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 202.00 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: TERRENCE J. MCCABE, ESQUIRE, MCCABE, WEISBURG AND CONWAY, P.C., 123 SOUTH BROAD STREET, SUITE 2080, PHILADELPHIA, PA 19109 215-790-1010 Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Where papers may be served day of I caused the within to have possession of the premises described with the Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By - Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor n !'10'%? 01 ?tl?q rpl ?,1?? Rot JUN 17 AM "UMBERLAND Household Finance Consumer Discount Company vs. Case Number John R. Hurley (et al.) 2011-2568 SHERIFF'S RETURN OF SERVICE 05/17/2011 08:40 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on May 17, 2011 at 2040 hours a true copy of the within writ of possession was attempted to be served upon the defendant, to wit: Occupant, of 12 Chestnut Street, Newville, Cumberland County, Pennsylvania 17241. The only residents of 12 Chestnut Street, Newville, PA 17241 are defendants John R. Hurley, Nancy M. Hurley and Sean Hurley. Therefore, the within Writ of Possession is being returned with no service as the defendant, Occupant was NOT FOUND. 05/17/2011 08:40 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2011 at 2040 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: John R. Hurley, by making known unto John R. Hurley, at 12 Chestnut Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing tc him personally the said true and correct copy of the same. 05/17/2011 08:40 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2011 at 2040 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Nancy M. Hurley, by making known unto John R. Hurley, Adult in Charge (husband of defendant) at 12 Chestnut Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/17/2011 08:40 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2011 at 2040 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Sean Hurley, by making known unto John R. Hurley, Adult in Charge (father of defendant) at 12 Chestnut Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/15/2011 By virtue of this writ, on the fifteenth of June, 2011, Sheriff Ronny R. Anderson caused the within named Plaintiff to have possession of the premises described as 12 Chestnut Street, Newville, PA 17241. SHERIFF COST: $134.07 SO ANSWERS, June 16, 2011 RON R ANDERSON, SHERIFF F3 y - -if Sharon R. Lantz 0 jd i:oun't Suitt Shenrl. ieiras ?°i. In;;.