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HomeMy WebLinkAbout11-4590FILED-OFFICE OF THE PROTHONOTARY 2011 MAY 26 AM 11: 26 CUMBERLAND COUNTY PENNSYLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everbank 8100 Nations Way Jacksonville, Florida 32256 V. Randy Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 and Betty Jane Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 Cumberland County Court of Common Please l..t I Number , j ' `'1 J [ b n' CIVIL ACTION/MORTGAGE FORECLOSURE ('W v g a, ao X01 c>< or j+iUo4 P.44 as1-1 -) 0 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le ban demandado a usted en la 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. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Everbank, duly organized and doing business at the above-captioned address. 2. The Defendant is Randy Meagher, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 229 Walton Street, Lemoyne, Pennsylvania 17043. 3. The Defendant is Betty Jane Meagher, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 229 Walton Street, Lemoyne, Pennsylvania 17043. 4. On June 28, 2003, Randy Meagher and Betty Jane Meagher made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Flagstar Bank, FSB which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1821, Page 4686. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Flagstar Bank, FSB to Everbank, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 229 Walton Street, Lemoyne, Pennsylvania 17043. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2011 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. 8. The following amounts are due on the mortgage: Principal Balance $ 145,283.79 Interest through April 19, 2011 $ 3,335.56 (Plus $23.88 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 110.23 Corporate Advance $ 70.50 Escrow Advance $ 113.30 GRAND TOTAL $ 150,213.38 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 in rem Judgment against the Defendant in the sum of $150,213.3 8, together with interest at the rate of $23.88 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISI) A NWAY,P.C. BY: Kevin Mc ail, E qu Attorney or Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBEyeG'A-17b.CONWAY,P.C. BY: Kevin M Attorney Everbank v. Randy Meagher and Betty Jane Meagher TITLE SEARCH REPORT Legal Description ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, (formerly Lower Allen Township), Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the northern side of Walton Street at the dividing line between Lots Nos. 64A and 64 B on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 31 degrees East, a distance of 200 feet to an iron pin; thence North 59 degrees East, a distance of 200 feet to an iron pin; thence North 59 degrees East, a distance of 50 feet to an iron pin at the dividing line between Lots No. 64B and 65 on the hereinafter mentioned Plan; thence along said dividing line, South 31 degrees East, a distance of 200 feet to an iron pin on the northern side of Walton Street; thence along the northern side of Walton Street South 59 degrees West, a distance of 50 feet to an iron pin, the point and place of BEGINNING. HAVING thereon erected a Bi-level dwelling house known and numbered as 229 Walton Street. CONTAINING ten thousand (10,000) square feet more or less and being Lot No. 64B on the Final Subdivision Plan for Dice L. and Pauline E. Young date November 8, 1989 and recorded in the Cumberland County Recorders Office in Plan Book 60, Page 36. UNDER AND SUBJECT to all Acts of Assembly, County and Township Ordinances, rights of Public Utility and Public Service Companies existing restrictions and easements, visible or of record, to the extend that any persons or entities have acquired legal right hereto. Parcel #12-22-0820-086 Being the same property acquired by Betty Jane Meagher and Randall Meagher, by Deed recorded 07/03/2010, of record in Deed Book 258, Page 218, in the Office of the Recorder of Cumberland County, Pennsylvania. Taxes Parcel No.: 12-22-0820-086 F r z 3? ?„ ? ? t 't Assessment: $209,600.00 Payment of all taxes, charges or assessments levied and assessed against the subject premises, which are due and payable. NOTE: please contact the necessary taxing authorities to obtain tax certifications for the status of current and prior taxes. If this is a sale, also contact the necessary authorities for water, sewer and municipal lien letters (as well as any other certificates, permits, etc. as required by the locality/municipality) to ascertain any amounts due/payable prior to closing. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 JUH 14 AM 10: 27 PENNSYLVANIA EverBank vs. Randy Meagher (et al.) Case Number 2011-4590 SHERIFF'S RETURN OF SERVICE 06/02/2011 08:46 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2011 at 2046 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Randy Meagher, by making known unto Betty Jane Meagher, Wife of Defendant at 229 Walton Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY 06/02/2011 08:46 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2011 at 2046 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Betty Jane Meagher, by making known unto herself personally, at 229 Walton Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $60.00 June 03, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY SO ANSWERS, RON R ANDERSON, SHERIFF iC) ? ru S?,tite ? Iglr .oft. (i^t. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENC : J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD 1J. CONWAY, ESQUIRE - ID # 34687 MARGARF. T GAIRO, ESQUIRE - ID # 34419 ANDREW MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Penns; Ivania 19109 (215) 790-1010 Everbank R tintiff v. Randy Meagher ana Betty Jane Meagher D fendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-4590 civil ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHON )TARY: C r".), c ~.? c) `n Zrn ? ? ? O ?4 ? C) `-a n ?C C:) - 5 .?- Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer ( omplaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principf t $ 150,213.38 Interest tom 04/20/11 to 07/07/11 $ 1,886.52 Total $ 152,099. ? V TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorne s for Plaintiff aa4*1q-a'P` 01 a* au k 499 y No h ma- !-ed AND NOW. this day of 2011, Judgment is entered in favor of Plaintiff, Everbank, and against Defendan s, Randy Meagher and Betty Jane Meagher, and damages are assessed in the amount of $152,099.90, plus int rest and costs. BY THE PR HO R McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. V EISBERG, ESQUIRE - ID # 17616 EDWARD la. CONWAY, ESQUIRE - ID # 34687 MARGARF r GAIRO, ESQUIRE - ID # 34419 ANDREW% MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Everbank Plaintiff V. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Randy Meagher and-Betty Jane Meagher Number 11-4590 civil Defendants AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersihed, being duly sworn according to law, deposes and says that the Defendants, Randy Meagher and Betty Jane Meagher, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions )f the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Randy Meagher and Betty Jane Meagher, are over eighteen (18) years of age, and reside as follows: Randy Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 Betty Jane Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 SWORN AND SUf SCRIBED BEFORE ME THIS _6th _ DAY OF _July_ _, 2011 4kz' ?? .? NOTARY PUBLdC COMMONWEALTH OF PENNSYLVANIA NOTARIAL. SEAL Maleekah 1N I Gnks-P+otary Public City of Philadelphia, Philadelphia County MY COhifrIlSS!.7N EXPIRES APR. OF, 2015 TERRENCE J. McCABE, ESQUIRF/ MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD Ir. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Everbank COURT OF COMMON PLEAS Plaintiff V. Randy Meagher and Betty Jane Meagher D fendants CUMBERLAND COUNTY Number 11-4590 civil CERTIFICATION The undersil.ned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them',vithin ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules o;?'Civil Procedure. Copies of said letter is attached hereto and marked as Exhibit "A; SWORN AND SUE; SCRIBED BEFORE ME THIS _6th _ DAY OF _July_ _, 2011 NOTARY PUBLI COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Maleekah Wiltbanks- Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES APR. 06, 2015 TE J&NCE J. McCABE, E§QUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of !.is/her knowledge, information and belief and further states that false statements herein are made subject to the p °nalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. - n?" J-( ?- TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long i Prothonotary June 23, 2011 To: Randy Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 Everbank Cumberland County vs. Court of Common Pleas Randy Meagher Betty Jane Meagher Number 11-4590 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 WRITTFN 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 T11IS PAPFR TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, CEO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO WRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIESTHATMAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA FN ESTADO DE REBELDIA POR NO HADER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y FOR NO IIABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSES U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DESIDA DENTRO DE DIEZ (10) DIAS DE LA FFCHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRJA 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 TELEFONFA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONARPARA EMPLFARUN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECERLOS SERVICIOS LEGAJES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County 32 South BcdfordA 17013 BY: 4-7 -A"r JV,/ Attorney for Plaintiff " TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE tp OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 rj Curt Long Prothonotary June 23, 2011 To: Betty Jane Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 Everbank Cumberland County vs. Court of Common Pleas Randy Meagher Betty Jane Meagher Number 11-4590 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 LASE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROv1DE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TOPROVIDEYOU WITH INFORMATION ABOUTAGENCIESTHATMAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumbcrland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA FOR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSES U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U O[R PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDERBIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TTENE A UN ABOGADO, VA A 0 TELF.FONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LA 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 INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEOIBLES EN UN HONORARLO REDUCIDO NI NINGl1N HONORARIO. Cumberland County 32 South Bedford-,11 13 Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE tp OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Randy Mr agher 229 Walt( n Street Lemoyne, Pennsylvania 17043 Everbank I COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Randy Meagher and Betty Jane Meagher I No. 11-4590 civil D, fendants NOTICE Pursuant to I ule 236, you are hereby notified that a JUDGMENT s bee ere above proc d' g as indicated below. Prot ary x Jud pent by Default - Mobley Judgment - Judgment in Replevin - Jud ment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conwav P.C. at (215) 790-101). OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Betty Jane Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 Everbank I COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Randy Meagher and Betty Jane Meagher I No. 11-4590 civil D.fendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGM T has n ente.WAin the above pr ding as indicated below. viz. X Jud anent by Default - Money Judgment - Judgment in Replevin - Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conwav P.C. at (215) 790-1010. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4590 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERBANK Plaintiff (s) From RANDY MEAGHER AND BETTY JANE MEAGHER (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: $152,099.90 L.L.: $.50 Interest from 7/8/11 $3,825.00 at $25.00 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $192.50 Other Costs: Plaintiff Paid: Date: 7/13/11 David D. Buell, Prothonotary (Seal) By: -1 17 Deputy REQUESTING PARTY: Name: HEIDI R. SPIVAK, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 74770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION = C* ro? '""' ?'-rt FILE NO.: 11-4590 civil Civil Term Everbank:? r' rrt V. AMOUNT DUE: $152,099.90 Randy Meagher and Betty Jane Meagher INTEREST: from 07/08/11 Za = X- $3,825.00 at $25.00 `y n ATTY' S COMM.: A " y .c 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) 229 Walton Street, Lemoyne Pennsylvania 17043 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: WA d-1 _1 U0.60 COP ' q a. 00 "t( C) 1) a. so N siaa•st? t-? a Address: 123 S. Broad treet. Suite 2080 601y ? -a n Signature: Print Name: HEIDI SPIVAK, ESQUIRE Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff ? 4 MARC S. WEISBERG, ESQUIRE - ID # 17616 'vz ., EDWARD D. CONWAY, ESQUIRE - ID # 34687 rrt co c._ C= te :Z* GAIRO, ESQUIRE - ID # 34419 ? r - i- HEIDI R. SPIVAK, ESQUIRE -ID # 74770 ?A w ' rn 1 123 South Broad Street Suite 2080 r- q Philadelphia, Pennsylvania 19109 Q & 't7 o q 215 790-1010 - C) C N 2 CS Everbank CUMBERLAND COUNTY COURT OF *OAklal(Ol rr` PLEAS -no Plaintiff -`M V. NO: 11-4590 civil Randy Meagher and Betty Jane Meagher Defendants AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 229 Walton Street, Lemoyne, Pennsylvania 17043, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Address Randy Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 Betty Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 Name and address of Defendants in the judgment: Name Address Randy Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 Betty Jane Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Capital One Bank (USA), NA Address 15000 Capital One Drive Richmond, Virginia 23238 Discover Bank 6500 New Albany Road New Albany, Ohio 43054 4. Name and address of the last recorded holder of every mortgage of record: Name Address Allfirst Bank 25 South Clarles Street Baltimore, Maryland 21201 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Address 229 Walton Street Lemoyne, Pennsylvania 17043 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address None 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. July 11, 2011 DATE TERRENCE J MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE HEIDI R. SPIVAK, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 , , == Philadelphia, Pennsylvania 19109 (215) 790-1010 c?. r' CIVIL ACTION LAW -0 rri cn p G7 Everbank COURT OF COMMON PLEAS W n-n n V. CUMBERLAND COUNTY ?C N o --4 mi Randy Meagher and Betty Jane Meagher p =x' Number 11-4590 civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Randy Meagher Betty Jane Meagher 229 Walton Street 229 Walton Street Lemoyne, Pennsylvania 17043 Lemoyne, Pennsylvania 17043 Your house (real estate) at 229 Walton Street, Lemoyne, Pennsylvania 17043 is scheduled to be sold at Sheriffs Sale on December 7, 2011 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 $152,099.90 obtained by Everbank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Everbank the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 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 HEIDI R. SPIVAK, ESQUIRE- ID # 74770 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everbank Plaintiff V. Randy Meagher and Betty Jane Meagher Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-4590 civil AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS MM C_ =-'q r m CQ An =? c:)-n =Cc, x--- CD A ;C The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: Randy Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 SWORN AND SUBSCRIBED BEFORE M THIS DAY OF20/11 n ( 4A AL iC? ?• IN ? Y?.ti/! .P, NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Cherice A. Wallace-Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES APR. 06, 2015 Betty Jane Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 TERRENCE 1 McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE HEIDI R. SPIVAK, 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 HEIDI R. SPIVAK, ESQUIRE- ID# 74770 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everbank Plaintiff V. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Randy Meagher and Betty Jane Meagher Number 11-4590 civil Defendants AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. x m ? r`n W r- r- n Ir?-2 w ca ° --r t.n D -r The undersigned, being duly sworn according to law, deposes and says that the Defendants, Randy Meagher and Betty Jane Meagher, 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, Randy Meagher and Betty Jane Meagher, are over eighteen (18) years of age, and reside as follows: Randy Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 SWORN AND SUBSCRIBED BEFORE ME THIS DAY O 2011 F C. 0a&,rO NOTARY PUBLIC EOMMCINW12 LTH OF PENNSYLVANIA NOTARIAL... SEAL Cherice A. Wallace - igotary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES APR. 06, 2015 Betty Jane Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 TERRENCE . MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE HEIDI R. SPIVAK, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, (formerly Lower Allen Township), Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the northern side of Walton Street at the dividing line between Lots Nos. 64A and 64 B on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 31 degrees East, a distance of 200 feet to an iron pin; thence North 59 degrees East, a distance of 200 feet to an iron pin; thence North 59 degrees East, a distance of 50 feet to an iron pin at the dividing line between Lots No. 64B and 65 on the hereinafter mentioned Plan; thence along said dividing line, South 31 degrees East, a distance of 200 feet to an iron pin on the northern side of Walton Street; thence along the northern side of Walton Street South 59 degrees West, a distance of 50 feet to an iron pin, the point and place of BEGINNING. HAVING thereon erected a Bi-level dwelling house known and numbered as 229 Walton Street. CONTAINING ten thousand (10,000) square feet more or less and being Lot No. 64B on the Final Subdivision Plan for Dice L. and Pauline E. Young date November 8, 1989 and recorded in the Cumberland County Recorders Office in Plan Book 60, Page 36. UNDER AND SUBJECT to all Acts of Assembly, County and Township Ordinances, rights of Public Utility and Public Service Companies existing restrictions and easements, visible or of record, to the extend that any persons or entities have acquired legal right hereto. Parcel #12-22-0820-086 229 Walton Street, Lemoyne, Pennsylvania 17043. BEING the same premises which BETTY JANE WINDISH N/KJA BETTY JANE MEAGHER AND RANDALL MEAGHER by deed dated June 28, 2003 and recorded July 10, 2003 in the office of the Recorder in and for Cumberland County in Deed Book 258, Page 218, granted and conveyed to Randy Meagher and Betty Jane Meagher, husband and wife, in fee. TAX MAP PARCEL NUMBER: 12220820086 Ronny R Andersor Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ofru-E,r IiRIPF 1=I1%D-Ch??=li._ 0 TIL;r: PRCTH 0 N 0 TA N, " 21111 WY 22 PM 2.- 51 CUMBERLAND COUNTY PENNSYLVANIA EverBank vs. Randy Meagher (et al.) Case Number 2011-4590 SHERIFF'S RETURN OF SERVICE 09/28/2011 03:00 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 229 Walton Street, Lemoyne, PA 17043, Cumberland County. 09/28/2011 03:00 PM - Deputy Shawn Gutshall, 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: Randy Meagher at 229 Walton Street, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 09/28/2011 03:00 PM - Deputy Shawn Gutshall, 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 RANDY MEAGHER - HUSBAND, who accepted as "Adult Person in Charge" for Betty Jane Meagher at 229 Walton Street, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 10/06/2011 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: $136.62 SO ANSWERS, November 22, 2011 RON R ANDERSON, SHERIFF Q 60 Pol -Ico (r) Gcun?ySIA40 Sheriff, TeleOsofi Inc, McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE,J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE -11) # 17616 EDWARD D. CONWAY, ESQUIRE -1D # 34687 MARGARET GAIRO, ESQUIRE ID # 34419 HEIDI R. SPIVAK, ESQUIRE-ID # 74770 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everbank Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 11-4590 civil Randy Meagher and Betty Jane Meagher Defendants AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 229 Walton Street, Lemoyne, Pennsylvania 17043, as of the date the Praecipe" for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Randy Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 Betty Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 2. Name and address of Defendants in the judgment: Name Address Randy Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 Betty Jane Meagher 229 Walton Street Lemoyne, Pennsylvania 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: . Name Capital One Bank (USA), NA Address 15000 Capital One Drive Richmond, Virginia 23238 t Discover Bank 6500 New Albany Road New Albany, Ohio 43054 4. Name and address of the last recorded holder of every mortgage of record: Name Address Allfirst Bank 25 South Clarles Street Baltimore, Maryland 21201 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Address 229 Walton Street Lemoyne, Pennsylvania 17043 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110North 8'h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 l Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United' States Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address None 1 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. July 11, 2011 TERRENCE J McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE HEIDI R. SPIVAK, 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 -1D # 34687. MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Everbank V. Randy Meagher and Betty Jane Meagher Number 114590 civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Randy Meagher Betty Jane Meagher 229 Walton Street 229 Walton Street Lemoyne, Pennsylvania 17043 Lemoyne, Pennsylvania 17043 Your house (real estate) at 229 Walton Street, Lemoyne, Pennsylvania 17043 is scheduled to be sold at' Sheriffs Sale on December 7, 2011 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 $152,099.90 obtained by Everbank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Everbank the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you inay call McCabe, Weisberg and Conway, P.C., 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.) Attorneys for Plaintiff CIVIL ACTION LAW COURT OF COMMON PLEAS CUMBERLAND COUNTY YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU. HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To fmd out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790.-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back; if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT. AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 9900.9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne; (formerly Lower Allen Township), Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the northern side of Walton Street at the dividing line between Lots Nos. 64A and 64 B on the hereinafter mentioned Plan of Lots; thence along said dividing line, North 31 degrees East, a distance of 200 feet to an iron pin; thence North 59 degrees East, a distance of 200 feet to an iron pin;. thence North 59 degrees East, a distance of 50 feet to an iron pin at the dividing line between Lots No. 64B and 65 on the hereinafter mentioned Plan; thence along said dividing line, South 31 degrees East, a distance of 200 feet to an iron pin on the northern side of Walton Street; thence along the northern side of Walton Street South 59 degrees West, a distance of 50 feet to an iron pin, the point and place of BEGINNING. HAVING thereon erected a Bi-level dwelling house known and numbered as 229 Walton Street CONTAINING ten thousand (10,000) square feet more or less and being Lot No. 64B on the Final Subdivision Plan for Dice L. and Pauline E. Young date November 8, 1989 and recorded in the Cumberland County Recorders Office in Plan Book 60, Page 36. UNDER AND SUBJECT to all Acts of Assembly, County and Township Ordinances, rights of Public Utility and Public Service Companies existing restrictions and easements, visible or of record, to the extend that any persons or entities have acquired legal right hereto. Parcel #12-22-0820-086 229 Walton Street, Lemoyne, Pennsylvania 17043. BEING the same premises which BETTY JANE WINDISH N/K/A BETTY JANE MEAGHER AND RANDALL MEAGHER by deed dated June 28, 2003 and recorded July 10, 2003 in the office of the Recorder in and for Cumberland Countyin Deed Book 258, Page 218, granted and conveyed to Randy Meagher and Betty Jane.Meagher, husband and wife, in fee. TAX MAP PARCEL NUMBER: 12220820086 WRIT OF EXECUTION and/or ATTACTTMENT COMMONWEALTH OF PENNSYLVANIA) COLiNTY OF,CUMBERLAND) NO 11-4590 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERBANK Plaintiff (s) From RANDY MEAGHER AND BETTY JANE, MEAGHER (1) You are directed to levy upon the propem, 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: $152,099.90 L.L.: $.50 Interest from 7/8/11 $3,825.00 at $25.00 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $192.50 Other Costs: Plaintiff Paid: Date: 7/13/11 David D. Buell, Prothopotaryy (Seal) By: CIGL C?'l L Deputy REQUESTING PARTY: Name: HEIDI R. SPIVAK, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 74770 TRUE COPY FRONT RECORD in Testimony whereof, I here unto set my hand and the seat of said Cour± at Carlisle, Pa. This day ofl? 20 1_ '_ 1 Prothonotary On July 14, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 229 Walton Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: July 14, 2011 By: ? Real Estate Coordinator ?i`