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Home My WebLink About04-5037 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst,IL 60126 v. Gordon L. Bowermaster aJk/a Gordon Bowermaster 129 Porter A venue Carlisle, P A 17013 and Patricia M. Bowermaster aJk/a Patricia Bowermaster 129 Porter Avenue Carlisle, PA 170]3 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 64 -.5637 C.lot~~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, 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 LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MA Y OFFER LEGAL SER VICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 AVISO Le han demandado a usted en la corte. 8i usted qui ere defenderse de estas dernandas ex~puest<is en las paginas siguientes, usted tiene veinte (20) dias de plazo a1 partir de 1a fecha de la dernanda y 1a notificacion. Hace falta asentar una cornparencia escrita 0 en persona 0 con un abogado y entregar a 1a corte en fotlllil. escrita sus defensas 0 sus obj eciones alas 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 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cillItp1a con todas las provisiones de esta dernanda. Ustect puede perder dinero 0 SUS propiedades U otras derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 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 OF/ClNA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUClDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company P.O. Box 8604 Elmhurst,IL 60126 Attorney for Plaintiff Cumberland County Court of Common Pleas v. Gordon L. Bowermaster a/k/a Gordon Bowermaster 129 Porter A venue Carlisle, P A 17013 and Number D~ - S637 Q,u'~CT~ Patricia M. Bowermaster a/k/a Patricia Bowermaster 129 Porter Avenue Carlisle, P A 17013 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Gordon L. Bowermaster a/k/a Gordon Bowermaster, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 129 Porter Avenue, Carlisle, PA 17013. 3. The Defendant is Patricia M. Bowermaster a/k/a Patricia Bowermaster, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last. known address is 129 Porter Avenue, Carlisle, PA 17013. 4. On 02/20/2001, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiffwhich mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book1673, Page 777. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 129 Porter Avenue, Carlisle, PA 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/20/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest through 09/28/2004 (Plus $ 29.32 per diem thereafter) Attorney's Fee Cost of SUIt Appraisal Fee Title Search $ $ 83,385.55 9,716.41 $ $ $ $ 4,169.28 225.00 125.00 200.00 GRAND TOTAL $ 97,821.24 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. 9403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 P A Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $97,821.24, together with interest at the rate of $29.32 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~#Y//~fi TERRENCE J.,1JceA'i'E: ~SQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Hetal Thakkar, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, j-\rV1.se...hoid finCiflI:.o (/:'in,')IJfl)Or t'J1'XrJ(JfJf(Orrpany ,and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. 54904 relating to unsworn falsification to authorities. \\ C\, W \\i'ill ~1L.,C'l1f Hetal Thakkar (r7~~\f) " r~i\ ., " I MORTGAGE I D IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. 713303 THIS MORTGAGE is made this day 20TH of FEBRUARY 2001, between the Mortgagor, PATRICIA BOWERMASTER AND GOODON BOWERMASTER, HUSBAt{) At{) WIFE (herein "Borrower") and Mortgagee HOOSEHOLD FINANCE CONSUMER 01 SC(UI(T COMPANY , , a corporation organized~and existing under the laws of PENNSYLVANIA address is 25 GATEWAY DRIVE, GATEWAY SQUARE/SUITE 107. MECHANICSSURG. PA (herein "Lender';). ; f The followinC ~aracraph preceded by a cbecked box is applicable. ~ WHEREAS, Bdrrower is indebted to Lender in the principal sum of $ 87.182.03 , evidenced by Borrower.'S Loan Repayment and Security Agreement or Secondary Mortgace Loan Agreement dated FE~ARY 20. 2001 and any extensions or renewals thereof (herein "Note"), providing for monthly installments of principal and interest, including any adjustments to the amount of payments or [the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and;payable on FEBRUARY 20. 2029 ; D . WHEREAS, BJrrower is indebted to Lender in the principal sum of $ . . , ., . or so much thereof as~may be advanced pursuant to Borrower's Revolving Loan Agreement dated . . and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ 1 I TO SECURE fa Lender the repayment of (l) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to 'protect the security of this Mortgage; and (4) the performance of the covenants and agreements of. Borrower herein contained, Borrower does hereby mortgage. grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND 1 Commonwealth of Pennsylvania: , whose 17055 "> ,....... v ~ ~ . ~. . . ALL THAT. CERTAIN PROPERTY SITUATED IN THEBffiOUGH OF CARLISLE IN THE"COUNTY 'OF eut.eERLAM> AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 09/30/1999 AMi RECORDED 09/30/1999, AMOr<<3 THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE. IN DEED VOLUME 208 02-;.f-W,fn)GE 859. ! TAX'WOR PARCEL ID NO.: 02-21~0318-1b3 1111111111111111611I111.1111111.11 .. . PA001291 .,' . I:;;:',';. t.: . I _: ~ MBOC967A48J99MTG9000PA0012910MMBOWERMASTER If ORIGINAL MDK16';3PAG[ ttn T" ' \- L ~ '~. " . 1 ',' .. t', . Exhibit A -. i . TOGETHER with an the improyements now or hereafter erected On the property:,. 'and 'all easem~nts, rights,.appurten~nces and rents. all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencum hered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property agaillSt all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: L Payment of Principal and Interest at Variable Rates. This mortgage secures all payments of principal and interest due on a variable rate loan. The";Qntract rate of interest and payment amounts ,<... '.' may be'subject-to,change.as-provided,in.the,Note:.Bo.rrowers shan [!rom[!tly Ray when due all amounts required by the Note. : T --- -- - -~---...... - ~ 2. Funds for Taxes and Insurance. Subject to applicable law or waiver by Lender. Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full. a sum (herein "Funds") equal to' one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one'"lwelfth of yearly premium installments for hazard insurance, plus one'"lwelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable <:stimates thereof-:Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder.of a prior mor.t~ge or cjeed of trust if such. holder is an institutional lender: '. .' If Borrower pays Funds to Lender, the Funds shall be held.in an'institution the'deposits or'accounts . of wh,ich.are illSured or guaranteed by a Federal or. state agency (including Lender if !.:ender'is.such an institution). .Lender shan apply the Funds to pay said taxes, assessments, insurance premiums an,d ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional securi ty for the SUms secured by thisldortgage. -,- -..",-.----."... .".;.,~.-'--.__., . _. . If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the dUe dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due. such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. II the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shan pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of aU sums secured by this Mortgage, Lender shall prompily refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or t\1e J;'roperty ci2-:i9~fJ1 MTG PA001292 ~..-... .-, 1111111111111.111111111.1111111111 -SOC967A4BJ99MTG9000PA0012920MM9OWERMASTtR It ORIGINAL ~. , .,. . .~. ,~ BooK16'iJ fACE' :i78 t. .......~ - ~ . I is otherwise ~cquired.by Lender, Lender shall apply,no later than immediately prior to the ~~ie of the Property or its acquisition by Lender,. any Funds held by Lender at the time of application as'a credit against the sums secur~d by this. Mortgage. .... :. ,.~. " . . : ": : 3. 'Application ~f Payments; Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to inte~t, and then to the principal. 4. Prior Mortga'ges and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations:under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments ot ground renis, ~ - ifany. I 5. Hazard Insurapce. Borrower shall keep the improvements now existing or hereafter erected. On the Property insured against loss by fire, hazards included within the term . extended coverage.. and such other hazards as Lend~ may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that/such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall ~ in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms,of any mortgage, deed of trust or other security agreement with a lien which has priori ty over this Mortgage.. . . , . . . In the event of 10.J, Borrower shall give prompt notice to the insurance carrier and Lender. under may mak~ proof oI.loss if not made promptly by Borrower. . ..If the Property. is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Len~er is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or r~pair of the Property or to the SUms secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borro~er shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehoid. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or COVenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's S~curity. If Borrower fails to perform the covenants and agreements contained in this Mortga'ge, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appe.arances, disburse sUfh sums, including reasonable attorneys' fees. and take such action as is necessary to protect Lender's interest. Any amounts disbJi'sed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Bo!rower requesting pay,~ent thereof. Nothing ,contained in this paragraph 7 shall require Lender to incur .any.expense or take any actIOn hereunder. . _ . ....... . . ;';1. .. o2~f9';Ol MTG . . . i:" . PA001293 !":l :.... . 111111111111181111111..IIIIIJlIIIIIIL i:;;;." :.; . *BOC967A4Bj9SMTG9000PA0012930..BOWE~TER M ORIGINAL '..-.. , -. .... ~ l)i r... .' . I. ..': . lIoaK1S';'J 'ACE .1"79 , ", " 8. Inspection. Lender.may take or caUse to be made reasonable.entries upon and. inspections of the Property, ,provided that . Lender .shall'.give. Borrower notice prior to :any such inspection, specifying reaSonable cause therefor related to Lender~sinterest in the Property. , I 9. Condemnation. The proceeds of any award or claim for damages, direct or conSequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released: Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such 5uccessOr'or refuseto'exten.d-timefor paymentPI:.9.Ql~ise modify a!"ortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower-and-BOrrower's' successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. I I. Successors and Assigns Bound; 10int and Several Liability; Co"signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co"signs this Mortgage, but does not execute the Note, (a) is co"signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to'the terms of this Mortgage or the Note . without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. !. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the _ . laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the -- applicahffi ty ofPederaHawt6'tnii,Mottgage. -In.the'event.that any'provision.or_oJause otthis.Mottgage-9L _ the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein. "costs," "expenses" and "attorneys' fees" includeall sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereot 15. Rehabilitation Loan Agreement. Borrower shan fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 02"19"Ot MTG' PA001294 18.811111111111111111..111111I1.11 MBOC967A4BJ99MTG9000PA0012940MMBOWEAMASfER lit ORIGINAL .soodS'iJPAGE .780 .. .,. '.. . . . ~ \\ ',J . ."t - i I .,.. \.16.,Transfer of the Property!..jf Borrower sells or transfers'all or'any part of"the Property or 'an.interest,therein, 'exclJding (a) the creation of a lien 'or.encumbrance ilUOordimite.to"this Mortgage. (b) a transfer by devise. :descent. or by operation of law upon the death of a joint tenant. (c) the grant of 'any leasehold interest' of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of 8 Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property). (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement. or from an incidental property settlement agreement. by which the spouse oC the Borrower becomes ~n owner oC the property, (h) a transfer into an inter vivos trust in which the Borrower is and remainS a beneficiary and which does not relate to a transCer of rights oC occupancy in the property, or (i) 'any other transCer or disposition described in regulations prescribed by the Pederal' Home Loan B!Dk Board. Borrower shall .cause. to be submitted inCormation'required by !:.ender to evaluate the transferee as iC a new loan were being made to the transCeree. Borrower will continue to be obligat6d under the Note and this Mortgage unless Lender releases Borrower in . . , writing. r If Lender does not :lgree to such sale or transfer, Lender may declare all oC the sums secured by this Mortgage to be immediately due and payaMe. If Lender exercises such option to accelerate, Lender shan mail Borrower notice oC/acceleration in accordance with paragraph 12 hereof. Such notice shan provide a period of not less than 30 days Cram the date the notice is mailed or delivered within which Borrower may pay the sums decl~red due. If Borrower Cails to pay such sums prior to the expiration of such period, Lender may, without Curther notice or demand on Borrower. invoke any remedies permitted by paragraph.l7hereof....!.. ..... .' ,"', . '. . : NON-UNIFORM GOVENANTS. Borrower and Lender Curther covenant and agree'as Collows:. .. 1,1. Acceleration;iRemedies. Except as provided in' paragraph 16 hereof. upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage. including the covenants to pay when due any suins secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower asiprovided in paragraph 12 hereoC specifying: (I) the breach; (2) the action required to cure sucli breach; (3) a date. not less than 30 days from the date the notice is mailed to Borrower. .by whi"h such breach must be cured; and (4) that failure to cure such breach on or before ~he date specified in the notice may result in acceleration of the sums 'secured by this Mortgage. foreclosure by judicial proceeding. and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date sp~cified in the notice, Lender. at Lender's optioD, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicia!: proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including. but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstra"ts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration oC the sums by this Mortgage due to Borrower's breach. Borrower shall have the right to have any proceedings begun by Lender to enforce this ~ortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender aU Sums which would be then due under this Mortgage and the Note had no acoel~ration occurred; (b). Borrower cures all breaches of any other. covenants or I " ... 'f" 1...1111111111..111111II.1011I1111I1110, .'. :.{2b1Lt.l' OZ-19'01 MTG ......,_. . i.. PA001Z95 ," .'... :.',' M80C967A4~J99MTG9000PA001295DMWBawERUASTER . ORIGINAL BooK ~6.73 rAGi~ .'1'81; ...',1 . .. .- ," ., agreements 01 Borrower ~ontained 'in this Mortgage; (c)' Borrower pays all reasonable expenses incurred by- Lender 'in enlorcing the covenants and. agreements of Borrowercontained...in. this Mortgage. and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower. this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration_under paragraph 17 heroof, in abandonment of the Property, have the right to collect and retain sucii rents as-tliey become'due and. payable. . _,.. ._~_. '_,. . Upon acceleration under paragraph 7 hereof Or abandonment of the ProperlY, Lencer-shall"'be' entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received, 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 2!. Waiver of Homestead. .Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. . 22. Interest Rate' After ludgmeni. 'Borrower 'agrees the interest rate payable alter a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. <to 0.. 0:(/)' UI 0 >- -,WI- 0W2: wo::> -.....0 e:: Not:> 0... ~ r..: 0 ..... w::Z: CD C:: 'Cr"~''''''':C'\J llJ '~a:: co 01 0 lLJ l...L..I o <:> '"'- a:" tu IXl - o::::li: ...... ::> 0 .:.:> o N N .-. ._.-.......-. - ~.' ~ .- ~ ...~~;-_......,- '. .;:'. ~-- _. --...--......--.... --:.. .-.' - '. 02-19-Dl MTG PA001296 1118111111111.1611I111.1111111.11 MBOC957A49j9~1G9000PAOOI2960M~B~RMASTER JIl ORIGrNAl !lOOk l~.tJ Nat . .,'S2' , .: I .~: - ;. " ~ ,J, , . ,.' , REQUEST FOR NOTICE OF-DEFAULT AND 'FORECLOSURE~UNDER SUPERIOR ',:MORTGAGES OR DEEDS OF TRUST .. ~"; . - '. . . '/ I. " Borrower and Lender tequest the holder of any mortgage. deed of trust or other encumbrance with a lien which has prioritylover this Mortgage to give Notice to Lender. at Lender's address set forth on page one of this Mortgage. of any default under the superior encum brance and of any sale or other foreclosure action. I , } , I- i I hereby certify that the'precise address of the Lender (Mortgagee) is:HOUSEHO LO FIN ANCE t 25 @A~~WAY ORIVF, MECHANTC~RUR~, PA 17050 On behalf of the Lender. By: PHIL LITTERAL Title' I . COMMONWEALTH; OF PENNSYLVANIA. CUMBERLAND , I. CHRISTINE L K'ETROW. a ,Notary Public in and for said county and state, do hereby certify. ,that PATRICIA. .BOWERMASTER & GOllOON ,'BOWERMASTER . personally known to ~e to be the same person(s) wnose name(s) are subscribed to the : foregoing. instrument. \,ppeared before m(' .this day. if! person. ,nd acknowledge that th"f signed and delivered ,tpe said instrument as . .their . free voluntaryact. for the uses and purposes ther~in set forth. ! Given under my hand .lod official seal, this 1 1 My Commission expirei.: .. '-'. ~ ~ ""I ~_tt.:;'';''-. i ....,."l;U~t;j?d~~~7~ ' n NOTARfAlSEAl ....{,J ~'r.-~O ...,:.".,,' ..{ -i/'\ . CHRISTINE L KETROW. NOTARY PUBlIC "" .~'~..;,:!n'J"":'" .,;;rtt.':'I""" . MEcu'''ICSBURG CUMBERLANOCOUNTY, PA .. .\J".?+'-cr::' ~~,... ",,", ': .i";rj;:"-;< .. -1:!'. % ,", MY CoI.llAISSlON EXPIRES OCTOBER 23, 2004 t. .;.~:~. ""'{f-";; - !i1f,2,\illt., . ~""'i'C:'f:':~ .~~' ;~':;:""'io':;-l,,:r' I , ,:~': ",""'. '. ",,<:,=.,,.' .f. > ....\ .,.... "';(1;" .>,;...~'t> =h'..b~ . ".' !' I'),l~ C -.,1 ",~:iJ!!:";', .t~~~'" ,,:, :w.:""~"..I. l.....t.l~",., ..It-,.~!~ ~~.,. , ..w...""..... '.,1....-... . .0_ .~ ...,,-to,".~'! ,. .J;;:" ,~r(jif~.'~,~:j'~'jf:'" \ ~=i ~,..",I.!ti~'~1"'.....#.:. - : :. . .'l}f/(t=l '"&4 " ~ _ - -r,,: .. .'f~f;~ P=~orrower GO~OON BOWERMASTER -Borrower BRANCH MANAGER County ss: 20th .20~. 1'1is instrument was prepared by: !L-u~ t1 ~.d (~).... f~OUSEI"OLD FINN.lCE CORPORATION 2~ Gateway Orilla, $I)/te 107 MaChaniCSbur'g. ~r";055 . .... i ',. ~ ...L.-'.. '1',.......,,(.. .. (Space Below This Line Reserved For Lender and Recorder) Return To: Records Processing Services 577 Lamont Road Elmhurst. IL 60126 I.IIIIIIIIIIIIII.IIII.II~IIIIIIIII. .~: I I r PAOOIZ97 OZ-19-01 MTG '. ~"'''; : .)t:~t ~-~';~. 'eOC961A4e~99MTG9000PAOQ1297Q"eOWERMAsTER . ORIGINAL eook167J PAG[ .783 DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point one hundred eighty-six (186) feet North of the intersection of the North side of Louther Street and the East side of Porter Avenue; thence along the East side of Porter Avenue, Northwardly twenty-four (24) feet to a lot now or formerly of Harry Cornman; thence along said lot Eastwardly, two hundred six (206) feet, more or less, to an alley; thence along said alley, Southwardly, twenty-four (24) feet to lot of ground now or formerly of Annie E. Crozier; thence by lot now or formerly of Annie E. Crozier, Westwardly, two hundred six (206) feet, more or less, to the place of beginning. CONTAINING twenty-four (24) feet in front on said Porter Avenue and extending in depth two hundred six (206) feet, more or less, to the alley aforesaid and having thereon erected a two story frame dwelling house and outbuildings, known as 129 Porter Avenue, Carlisle, PA. Tax Parcel #02-21-0318-103 (J oQ. ~ '1- ~ , ~ (3 ~ :::: -J ~ l P- ~ --- ::--:~ { .~ 1'; G ," ;1 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE . Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company v. Cumberland County Court of Common Pleas Gordon L. Bowermaster a/k/a Gordon Bowermaster and Patricia M. Bowermaster a/k/a Patricia Bowermaster Number 04-5037 ASSESSMENT OF DAMAGES AND ENTRY OF .JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 9/29/04 - 11/23/04 (at 29.32 per diem) TOTAL $97,821.24 $ 1.612.60 $99,433.84 '-~ ',I\J\~ f1\ - \ ~ TERRE~Tt~~ ESQUIRE AND NOW, this ~ day of LJ c. c- , 2004, Judgment is entered in favor of Plaintiff, Household Finance Consumer Discount Company and against Defendants Gordon L. Bowermaster a/k/a Gordon Bowermaster and Patricia M. Bowermaster a/k/a Patricia Bowermaster and damages are assessed in the amount of $99,433.84, plus interest and costs. BY THE PROTHONOTARY: (t~ ~j vZL'd ~ ~"". (-. ., ) c; ~~) ~:..~z ..r:- C, I' 'i C) I t...;'~) ::< ~ :', c;:? (.,,) en o -1'1 :rJ ili :TJ r-- .., I '-'j "IJO r;~h ;!~ ~{t CT; McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company v. Cumberland County Court of Common Pleas Gordon L. Bowermaster alkfa Gordon Bowermaster and Patricia M. Bowermaster alkfa Patricia Bowermaster Number 04-5037 AFFIDA VIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Gordon L. Bowermaster alkfa Gordon Bowermaster and Patricia M. Bowermaster a/k1a Patricia Bowermaster, are over eighteen (18) years of age, and resides at 129 Porter Avenue, Carlisle, PA 17013. ~:iN~~ESQUffiE Attorney for Plaintiff SWORN TO AND SUBSCRillED BEFORE ME TillS 23rd DAY OF NOVEMBER, 2004. c/tU4 .-A. &.. /y- NOTAR:~I~ NOTARIAL SFAL Lana T. Watts. Notary Public City of Philadelphia, Philadelphia County My commission expires November 22, 2008 0 /"..:> 0 c..,. c~; (;,,:~ ..;) -n ..z::- C;J --j ,. :1':" ,', '-"j rn1'"'' C) ~..,n1 I iJD '.. \.0 (,,)(l) ::. t> ,,-{ , " ~!J ~~~ ( , ,.." C . C) ......I ...r':~. '~i, :...: -j (....v D -'" c.n -~, McCABE, WEISBERG AND CONWAY, P.e. BY: TERRENCEJ.McCABE,ESQUIRE . Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company v. Cumberland County Court of Common Pleas Gordon L. Bowermaster a/kIa Gordon Bowermaster and Patricia M. Bowermaster a/kIa Patricia Bowermaster Number 04-5037 CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". J { ~@1~ ~N:E J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRffiED BEFORE ME THIS 23rd DA Y OF NOVEMBER, 2004. d~~ 1.QCJr j~ NOTARY~~ NOTARIAL SEAL . Lana T. watts, NotarY Pubbc City of Philadelphia, Philadelphia County My caamiuiOll expiIcs ~cvelllber 22, - n C.: ",11- "I ' ~ '. ~. : oJ~~ (" :'J ":":> l"': ,~,) C"') ..c- c.::r {'''I ,-} I \,C) o -n :rl ri'iiD -nrn ~ :":; eJ (~) {L :'L"i ::-.r; : ?i=~ ;')1 i1 ::;-l ~J_~:; -< ;.",\ ..,:)"" 9? (...) U1 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary November 9, 2004 To: Gordon L. Bowermaster a/k/a Gordon Bowermaster 129 Porter Avenue Carlisle, PA 17013 Household Finance Consumer Discount Company vs. Gordon L. Bowermaster alkJa Gordon Bowermaster and Patricia M. Bowermaster a/k/a Patricia Bowermaster Cumberland County Court of Common Pleas Number 04-5037 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 WRIITEN APPEARANCE PERSONALLY OR BY AITORNEY AND ALE 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 MAYBE 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 00 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. Tins 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 MAY OFFER LEGAL SERVICES TO EUGlBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA, 17013 800-990-9108 EX\~ -;~BI1' U~~ TJMlrda NOTIFICACION IMPORT ANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICAOO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULAOOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEB IDA DENTRO DE D1FZ (10) DIAS DE LA FECHA DE EST A NOTIACACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER usrED EN CORTE U OJR PREUBA ALGUNA, DICfAR SENTENCIA EN SU CONTRA Y usrED PODRIA PERDER BIENES U OTROS DERECHOS IMPORT ANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TlENE A UN ABOGADO, VA A 0 TELEFONEA LA OACINA EXPUSO ABAIO. EsTA OACINA La PUEDE PROPORCIONAR CON INFORMACI6N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OACINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACI6N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIOO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 0 ....., r;; c:.;, 0 C;"~ -4- -q r.r~ c (:::1 :[-1 P'l - , (-) hl ;;-g I , I :;I~'cq 1..0 .' (r ()( .. , .~ ;J ~i; ,. ::/: C) -. . 9'! :-:i I n "'c'. v'l ~ ./ 0...) .- -:;. ~',;J U1 --<;" OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary November 9, 2004 To: Patricia M. Bowermaster a/k/a Patricia Bowermaster 129 Porter Avenue Carlisle, P A 17013 Household Finance Consumer Discount Company Cumberland County Court of Common Pleas vs. Gordon L. Bowermaster a/k/a Gordon Bowermaster and Patricia M. Bowermaster a/k/a Patricia Bowermaster Number 04-5037 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE Cumberland County Bar Association 2 Liberty A venue Carlisle, PA, 17013 800-990-9108 USTED SE ENCUENTRA EN ESTADO DE REBElDIA POR NO HABER PRESENT ADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGAOO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULAOOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEB IDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORT ANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. 51 USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. EsT A OFICINA LO PUEDE PROPORCIONAR CON INFORMACI6N ACERCA DE EMPLEAR A UN ABOGADO. 51 USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGAOO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACI6N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGlBLES EN UN HONORARia REDUClOO NI NINGUN HONORARIa. You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY ATIORNEY AND ALE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECfIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. You SHOUW 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 EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE. EXt"..;)iT ~'P\~ Cumberland County Bar Association 2 Liberty A venue Carlisle, PA, 17013 800-990-9108 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.c. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJMlrda q r-..,) 0 c.:::> C:;::) -n .J...- c.:, :.::.:1 Pl _L -n (") rll f''' -- -("Irn " I -I"'IC~ ~ - \~. ( (OJ 1'.) ~ ,.~;':P :-i\ 'T'l -'tt~ i::~t) ':'? :";,rn _::, ,,~ ::::) c.) :JJ ....... CJ1 -<': VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. f\ !^: I 0' .,. ~ ~ \ /~ V~ TER'iE1\CE J. McCABE, ESQUIRE () ......, 0 C7> c: c..:.> -n - , ..z;:- "' -:::l .'c .- C'J r I"'" :-r _ -" ("-) C11f:~ -rt )"1"1 I ~,~CJ ,'oj ill >"') I .. '..:;0 J.;~'" ..L '~c] ,,- r'; () .....:1... .).- . CO : ..,,'\1 r :~:~ (,,) :'jJ <II -< . . OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Gordon L. Bowermaster alkJa Gordon Bowermaster and Patricia M. Bowermaster alk/a Patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 Household Finance Consumer Discount Company v. Cumberland County Court of Common Pleas Gordon L. Bowermaster aIkIa Gordon Bowermaster and Patricia M. Bowermaster aIkIa Patricia Bowermaster Number 04-5037 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-1010. \ R ~+:: ~;o --, r, ~ ~ ~ cf ~. D P v.; ~ :-S\ ~ ~ G (' --...., ~ ~ <-lJ C!- \ ~ cl- ~ (') l'':> 0 c.:, C_'; (';"~ -n .::- .. 0 --/ "-:J r'1"l :r -n , n 1 j''''' ... .' CJ .. "'0 ;"11 ., , t ~~ CJ .. \.0 [ J (:, f" '. '~~; ~, r- r, ., =:.~~~ ". -t1 ,,' '! ~:~:~ '. : n ,'n )> c " CO ..,-1 ~i~ (.") :;~:~ -< ui -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA CIVIL DIVISION ~ FILE NO.: 04-5037 Household Finance Consumer Discount Company v. Gordon L. Bowermaster alk/a Gordon Bowermaster and Patricia M. Bowermaster alk/a Patricia Bowermaster AMOUNT DUE: $99,433.84 INTEREST: from 11/24/04 - 6/8/05 $3,204.60 at 16.35 Per Diem ATIY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 129 Porter Avenue, Carlisle, PA 17013 (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: November 23,2004 '~ r J Signature:"-). . ~ Print Name: TERRENeE J. McCABE, ESQUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 r-) 0 0 = = ~n [~ .;:- -4 0 -t: -'-'1 rn f-n-c:: ('""; I=n :1.."] .__'j , :jt, '-0 ,J..,., -, ".I,~ i1 -r'", :~; {1 ~.~,.. -~- ,:;'<,rn , ::::"1 :-~-" ~~ 9? "'l:,.. eM :q --- --<. cr. LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point one hundred eighty-six (186) feet North of the intersection of the North side of Louther Street and the East side of Porter A venue; thence along the East side of Porter A venue, Northwardly twenty-four (24) feet to a lot now or formerly of Harry Cornman; thence along said lot Eastwardly, two hundred six (206) feet, more or less, to an alley; thence along said alley, Southwardly, twenty-four (24) feet to lot of ground now or formerly of Annie E. Crozier; thence by lot now or formerly of Annie E. Crozier, Westwardly, two hundred six (206) feet, more or less, to the place of beginning. CONTAINING twenty-four (24) feet in front on said Porter A venue and extending in depth two hundred six (206) feet, more or less, to the alley aforesaid and having thereon erected a two story frame dwelling house and outbuildings, known as 129 Porter Avenue, Carlisle, PA. BEING KNOWN AS 132 Channel Drive,Carlisle, PA 17013. Being the same premises which Dwain D. Ronan, as Executor of the Estate of Nelson H. Ronan, deceased, by deed dated the 30th day of September 1999, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 208, Page 859, granted and conveyed to Patricia Bowermaster and Gordon Bowermaster, husband and wife. TAX MAP PARCEL NUMBER: 02-21-0318-103 .. <e , , ~pl -.......... ~ -- ~ S) \-6 ~ ? - rc>--J - , iD J ~~- ~~.. -.J o c../' e -..,.... " r~-j :' !" f . C . 1-) ~:.:... ~ "" C":'"::) L":::':"> -~- CJ 1"'1 C) , U) o 71 --f -'I ~ ni~J r"- -",rn E3?: T!-~ ("i :;1 '_5 ~;:~ :;,;,! "~:':'l -< :r;.. '?? (..,) 0', WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONS. DISC. CO. Plaintiff(s) From GORDON L. BOWERMASTER AlK/A GORDON BOWERMASTER AND PATRICIA M. BOWERMASTER AlK/A PATRICIA BOWERMASTER, 129 PORTER AVE., CARLISLE P A 17013. NO 04-5037 Civil CIVIL ACTION -LAW (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATEDAT 129 PORTER AVE., CARLISLE P A 17013 (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $99,433.84 L.L. $.50 Interest from, 11/24/04 - 6/8/05 @ $16.35 per diem = $3,204.60 Atty's Comm % Due Prothy $1.00 Atty Paid $129.70 Other Costs Plaintiff Paid Date: DECEMBER 9, 2004 (Seal) CURTIS R. LONG ..~ pr~tho~tary f i , 1J' By. \ ~ '- M/ / \..) Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQ. Address: 123 S. BROAD ST., STE 2080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 16496 McCABE, WEISRERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company v. Cumberland County Court of Common Pleas Gordon L. Bowermaster a/k/a Gordon Bowermaster and Patricia M. Bowermaster a/k/a Patricia Bowermaster Number 04-5037 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gordon L. Bowermaster a/k/a Gordon Bowermaster and Patricia M. Bowermaster a!k/a Patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 Your house (real estate) at 129 Porter Avenue, Carlisle, P A 17013, is scheduled to be sold at Sheriff's Sale on June 8, 2005 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $99,433.84 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Household Finance Consumer Discount Company, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) .. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HA VE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LA WYER REFERRAL SERVICE OR COURT ADMINISTRATOR 4TH FLOOR, CUMrnERLANDCOUNTYCOURTHOUSE CARLISLE, PENNSYL VANIA 17013 (717) 240-6200 CUMrnERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, P A 17013 (717) 249-3166 :~~.. I,. I I : () ~;~:; , ( c co <...) -...J ", =~ ... ........, I,:.'.:) c:::> J:.- C:J I..... C) I l.D o -11 -I -r ," -r III ..... r.... .~ni'Tl l-;J ~') -~ ~ I. ,) .,..1n1 i;d .._..;:: "",:,,"'Ul McCABE, WEISBERG AND CONWAY, P.e. BY: TERRENCE J. McCABE, ESQUIRE . Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company v. Cumberland County Court of Common Pleas Gordon L. Bowermaster alkJa Gordon Bowermaster and: Patricia M. Bowermaster alkJa Patricia Bowermaster Number 04-5037 AFFIDA VIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 129 Porter Avenue, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Gordon L. Bowermaster alkJa Gordon Bowermaster and Patricia M. Bowermaster alkJa Patricia Bowermaster 129 Porter Avenue Carlisle, P A 17013 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 Above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Household Finance Consumer Discount Co P.O. Box 8604 Elmhurst, n... 60126 and 25 Gateway Drive, Ste 107 Mechanicsburg, Pa 17055 4. Name and address of the last recorded holder of every mortgage of record: Name Address Household Finance Consumer Discount Co P.O. Box 8604 Elmhurst, n... 60126 and 25 Gateway Drive, Ste 107 Mechanicsburg, Pa 17055 Cendant Mortgage Co 3000 Leadenhall Road Mt. Laurel, NJ 08054 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address Borough of Carlisle 53 West South Street Carlisle, Pa 17013 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s) 129 Porter Avenue Carlisle, P A 17013 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 November 23. 2004 DATE 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 relatin to unsworn falsification to authorities. !'I/r r ~ ~. I TERRENCEJ.McCABE,ESQLITRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point one hundred eighty-six (186) feet North of the intersection of the North side of Louther Street and the East side of Porter A venue; thence along the East side of Porter A venue, Northwardly twenty-four (24) feet to a lot now or formerly of Harry Cornman; thence along said lot Eastwardly, two hundred six (206) feet, more or less, to an alley; thence along said alley, Southwardly, twenty-four (24) feet to lot of ground now or formerly of Annie E. Crozier; thence by lot now or formerly of Annie E. Crozier, Westwardly, two hundred six (206) feet, more or less, to the place of beginning. CONTAINING twenty-four (24) feet in front on said Porter Avenue and extending in depth two hundred six (206) feet, more or less, to the alley aforesaid and having thereon erected a two story frame dwelling house and outbuildings, known as 129 Porter Avenue, Carlisle, PA. BEING KNOWN AS 132 Channel Drive,Carlisle, PA 17013. Being the same premises which Dwain D. Ronan, as Executor of the Estate of Nelson H. Ronan, deceased, by deed dated the 30th day of September 1999, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 208, Page 859, granted and conveyed to Patricia Bowermaster and Gordon Bowermaster, husband and wife. TAX MAP PARCEL NUMBER: 02-21-0318-103 :X lj)i~ A --'::J t).' o I...,.~ l. ' ., t,' "_ ,'. ~:'3 -<.. t'-' ~~ ..;::.- Cl Pl n , I.D 8 --i -1: "T1 [l"F" .'0 f'.i -n '-.' >) 1. '-iC) ~.,T~ :~ 1 ;:U'~~ ~:-:: ~ ~~ C;? (--' 0.' '..,..... :'1} --<~ ...... ~... SHERIFF'S RETURN - REGULAR CASE NO: 2004-05037 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS BOWERMASTER GORDON L ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOWERMASTER GORDON L A/K/A GORDON BOWERMASTER the DEFENDANT , at 1707:00 HOURS, on the 15th day of October ,2004 at 129 PORTER AVENUE CARLISLE, PA 17013 by handing to SCOTT HERTZLER, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 .r~~;Cd~~C~ R. Thomas Kline 10/18/2004 MCCABE WEISBERG CONWAY Sworn and Subscribed to before BY~~ 1~~-k Deputy She 'ff ~Y~~);aY OfA.~ C A~ IhJ~ rotlionotary ,"f0 .. ~ SHERIFFIS RETURN - REGULAR CASE NO: 2004-05037 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS BOWERMASTER GORDON L ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOWERMASTER PATRICIA M A/K/A PATRICIA BOWERMASTER the DEFENDANT , at 1707:00 HOURS, on the 15th day of October , 2004 at 129 PORTER AVENUE CARLISLE, PA 17013 by handing to SCOTT HERTZLER, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: -..~,F ,I/c ~ r i:1:r{~,~'-"'!,: ,,'. " f,' ~~;~f~?',t;4': " R. Thomas Kline 10/18/2004 MCCABE WEISBERG CONWAY Sworn and Subscribed to before BY'-4 ~ 1~uty She - f me this 1~ day of C~ Ja~ . A.D. ~ _ )n<ee,~ "On:C r thonotary J 7-7 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Cumberland County Court of Common Pleas Household Finance Consumer Discount Company v. Gordon L. Bowermaster a/kIa Gordon Bowermaster and Patricia M. Bowermaster a/k/a Patricia Bowermaster Number 04-5037 AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 12th day of April, 2005, a true and correct copy of the Notice of She rift's Sale of Real Property was served on all pertinent Iienholder( s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." } -----' TERRENCE 1. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME TIDS 12th DAY OF April, 2005, ~cUu (). ri~ NoTARY PUBLIC r--'---.:'..'..'.. '. '.'----..--, \ I J ~ 4' T' McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff E h"bt~!. X I.'" Household Finance Consumer Discount Company v, Cumberland County Court of Common Pleas Gordon L. Bowermaster a/kIa Gordon Bowermaster and : Patricia M. Bowermaster a/k/a Patricia Bowermaster Number 04-5037 AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence 1. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ]29 Porter Avenue, Carlisle, PA 17013, a copy of the description of said propelty is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Gordon L. Bowermaster a/k/a Gordon Bowermaster and Patricia M. Bowermaster a/kIa Patricia Bowermaster ]29 Porter Avenue Carlisle, PA ]7013 2. Name and address ofDefendant(s) in the judgment: Name Address Same as #] Above 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Househo]d Finance Consumer Discount Co P,O. Box 8604 Elmhurst, IL 60] 26 and 25 Gateway Drive, Ste ] 07 Mechanicsburg, Pa 17055 4. Name and address of the last recorded holder of every mortgage of record: Name Address Household Finance Consumer Discount Co P.O. Box 8604 E1mhurst,IL 60126 and 25 Gateway Drive, Ste 107 Mechanicsburg, Pa 17055 Cendant Mortgage Co 3000 Leadenhall Road Mt. Laurel, NJ 08054 " ~.' r 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address Borough of Carlisle 53 West South Street Carlisle, Pa 17013 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s) ~;lis~~S~h i b itA Domestic Relations Annstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfare P,O Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Inheritance Tax Office 1400 Spring Garden Street Philadelphia, PA 19130 Commonwealth of Pennsylvania Bureau ofIndividual Tax Inheritance Tax Division 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17]28 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P,Q, Box 8486 Harrisburg, PA 17]05-8486 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, April 1 L 2005 DATE TERRENCE 1. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company v. Attorney for Plaintiff Cumberland County Court of Common Pleas Gordon L Bowermaster a/kla Gordon Bowermaster and Patricia M. Bowermaster a/k/a Patricia Bowermaster Number 04-5037 TO ALL PARTIES IN INTEREST AND CLAIMANTS Exhibit B DATE April 12, 2005 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Gordon L. Bowelmaster a/k/a Gordon Bowermaster and Patricia M, Bowermaster a/k/a Patricia Bowermaster PROPERTY: 129 Porter Avenue, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on June 8, 2005, at 10:00 a.ill. in the Commissioner's Hearing Room located on the 2nd Floor ofthe Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests, A schedule of clistribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. 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'0 " A i ~ ,., ~ g P< of> 0.< ~ - ... - ~ - ~ J:~ ~..", ('l 05 ~~ ,,~ l~ ... t) ~, ;::,:~ ,',:) cn () " ..., T ;11~ ;:0 "I"' co -1"; r"j 0) :D -, McCABE, WEISBERG AND CONWAY, P.e. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company v. Cumberland County Court of Common Pleas Gordon L. Bowermaster a/k!a Gordon Bowermaster and Patricia M. Bowermaster a/k!a Patricia Bowermaster Number 04-5037 SUPPLEMENTAL AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certifY that on the 14lh day of June, 2005, a true and correct copy ofthe Notice of Sheriff's Sale , of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A", Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." --"- ~ TERRENCEJ.McCABE,ESQlITRE Attorney for Plaintiff ,....-------. SWORN TO AND SUBSCRIBED BEFORE ME TillS 14lh DAY OF June, 2005, a,~, ~L/L NOTARY PUBL C OMMONWEAL TH 01''' 1111" NOTARIAL SEAL Chnssandra Shaye Hamilton, Notary PubliC City 01 Philadelphia. Phila, County ,.~c:..~~~xPir~yary 4. 2009 . , McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Exhibit A Household Finance Consumer Discount Company v. Cumberland County Court of Common Pleas Gordon L. Bowermaster alk/a Gordon Bowermaster and: Patricia M. Bowermaster alk/a Patricia Bowermaster Number 04-5037 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence 1. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 129 Porter Avenue, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address ofOwner(s) or Reputed Owner(s): Name Address Gordon L. Bowermaster a/k/a Gordon Bowermaster and Patricia M, Bowermaster alk/a Patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 2. Name and address ofDefendant(s) in the judgment: Name Address Same as #1 Above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Household Finance Consumer Discount Co P.O. Box 8604 Elmhurst,IL 60126 and 25 Gateway Drive, Ste 107 Mechanicsburg, Pa 17055 James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 4, Name and address of the last recorded holder of every mortgage of record: Name Address Household Finance Consumer Discount Co P.O. Box 8604 Elmhurst,IL 60126 and 25 Gateway Drive, Ste 107 . . Mechanicsburg, Pa 17055 Cendant Mortgage Co 3000 Leadenhall Road Mt. Laurel, NJ 08054 Household Realty Corporation 25 Gateway Drive Suite 107 Mechanicsburg, P A 17055 Household Realty Corporation 961 Weigel Drive Elmhurst, IL 60126 5, Name and address of every other person who has any record interest in orrecord lien on the property and whose interest may be affected by the sale: Name Address Borough of Carlisle 53 West South Street Carlisle, Pa 17013 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s) 129 Porter Avenue Carlisle, PA 17013 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, P A 16201 Connnonwealth of Pennsylvania Department of Welfare P,O. Box 2675 Harrisburg, PA 17105 Connnonwealth of Pennsylvania Inheritance Tax Office 1400 Spring Garden Street Philadelphia, PA 19130 Connnonwealth of Pennsylvania Bureau ofIndividual Tax Inheritance Tax Division 6th Floor, Strawberry Square Department #28060 I Harrisburg, PA 17128 Exr~hit ,A Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O, Box 8486 Harrisburg, PA 17105-8486 --- 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. June 14.2005 DATE TE~CEJMCCABE,ESQlITRE Attorney for Plaintiff Ex' ~}it A ."" . ~ . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company v. Attorney for Plaintiff Cumberland County Court of Common Pleas Gordon L. Bowermaster a/k/a Gordon Bowermaster and Patricia M. Bowermaster a/k/a Patricia Bowermaster Number 04-5037 DATE: June 14,2005 Exhibit TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Gordon L. Bowermaster a/k/a Gordon Bowermaster and Patricia M. Bowermaster a/k/a Patricia Bowermaster PROPERTY: 129 Porter Avenue, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 7, 2005, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale, You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Q ~ c, ~ }p .< "'t';' , ... r---.-it it ....'^'" "'CO N ... ....~o- N ...... N U, ~o~ · I~I ~O . II ~O: . [ .,;I'f'l . :;;0 . ,l lit' . ~ ~ co ~,.,., ~-...t"IJ'\N +:-t:<. ~ Q'r" .....N ,;;=-.. f(i,,, '\ ~. -. 1/llf - i ~ QJ1~1!- !'''i~l~~ .l\1\~1l~ ~ ~~l~~~Q 11III1, I ... 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" '" ~ " "' '" ~ '" ----- ~w '\~ \M\ \\\~ .~1 ~ \% .'\\1 '\1' ~i\~ \l'~ \\\\\ l\E\ ,t~\ UUl 1~1\ \\\\\ \'Xl ~~.\ \f.\.\ \l\\~ ~ .9; t '" g l .~ .\ on .~ on ;; ~ 0 "e' ~ 0 8~ w Q -< () '" -a 'U~ l ~.... p... ~~~ g.>o 'a'B ell lB,~ ;;;0<- t}. li! 8~'i t '" i '% :>1_'" ". ~~" \ - <-. l~~ 0,%" ,g$""a <1)~~ ~~~i &8.1 ~ ;:; ",\3 ~ p:'Af/J~ ~.-<() l! ...1 ~ . ~i ~ is ,.. rl '" !~ - .... "" ~ .. 1 .. 'l ~ i \ ~ . " o U ~ *' t .. ~ '" ~ .. '" ". c",n\'o\\ ~ - . . McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Cumberland County Court of Common Pleas Household Finance Consumer Discount Company v. Gordon L. Bowermaster aJk!a Gordon Bowermaster and Patricia M, Bowermaster a/kIa Patricia Bowermaster Number 04-5037 SUPPLEMENTAL AFFIDAVIT OF SERVICE I, Terrence 1. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 14th day of June, 2005, a true and correct copy of the Notice ofSherifl's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." -l.- \ TERRENCE 1. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME TillS 14th DAY OF June, 2005. a(~4 &/L/L NOTARYPUBL C MONWEALTH .. I" NOTARIAL SEAL Cllrissand,a Shaye Hamitton, Notary Public City of Philadelphia, Phila County My Commissioo Expires January 4, 2009 0 ..., 0 = c- ,~., -, c:..1 '- ..... :1: "". Cu': rn :n f"- -M '" N -:-:"1 0 0 i~) c:) \: --_-:! ~::' '") (~) ::,) ;'-'-1 N .-~I .j:'- 55 w .-< McCABE, WEISBERG, & CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 S. Broad Street Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Discount Company P.O. Box 8604 Elmhurst, IL 60126 Consumer Court of Common Pleas Cumberland County v. Number 04-5037 Gordon L. Bowermaster a/k/a Gordon Bowermaster 129 Porter Avenue Carlisle, PA 17013 and Patricia M. Bowermaster a/k/a Patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 MOTION TO MODIFY WRIT OF EXECUTION Plaintiff, Household Finance Consumer Discount Company, by and through its attorney, Terrence J. McCabe, Esquire, moves this Honorable Court for an Order modifying writ of execution and avers as follows: 1. On December 9, Plaintiff filed a Writ of Execution including a full legal description, with the Sheriff of Cumberland County in order to list the property known as 129 Porter Avenue for the June 8, 2005 sheriff sale. 2. Subsequent to the filing of said writ of execution, Plaintiff discovered that the attached legal description , erroneously and inadvertently described the premises being sold as 132 Channel Drive, Carlisle, PA. 3. Plaintiff has modified the legal description to reflect the correct premises address of 129 Porter Avenue, Carlisle, Pa. A copy of said modified legal description is attached as Exhibit "An. WHEREFORE, plaintiff prays that this Honorable Court grant an Order to modify writ of execution to reflect the correct property address of 129 Porter Avenue, Carlisle, PA on the attached legal description and that the Sheriff be instructed to prepare their Deed using this amended legal description, and not the original legal description that was attached to the writ of execution filed December 9, 2004 and that public announcement be made at the sale of the correct property address being sold. Plaintiff further prays that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. / " '. ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point one hundred eighty-six (186) feet North of the intersection of the North side of Louther Street and the East side of Porter Avenue; thence along the East side of Porter Avenue, Northwardly twenty-four (24) feet to a lot now or fonnerly of Harry Cornman; thence along said lot Eastwardly, two hundred six (206) feet, more or less, to an alley; thence along said alley, Southwardly, twenty-four (24) feet to lot of ground now or fonnerly of Annie E. Crozier; thence by lot now or fonnerly of Annie E. Crozier, Westwardly, two hundred six (206) feet, more or less, to the place of beginning. CONTAINING twenty-four (24) feet in front on said Porter Avenue and extending in depth two hundred six (206) feet, more or less, to the alley aforesaid and having thereon erected a two story frame dwelling house and outbuildings, known as 129 Porter Avenue, Carlisle, P A. BEING KNOWN AS 129 Porter Avenue, Carlisle, PA 17013 BEING the same premises which Dwain D. Ronan, Executor of the Estate of Nelson H. Ronan, deceased, by deed dated the 30th day of September 1999, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 208 Page 859, granted and conveyed to Patricia Bowennaster and Gordon Bowennaster, husband and wife. Tax Parcel #02-21-0318-103 [~"III'''fI'' McCABE, WEISBERG, & CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 S. Broad Street Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff I.. Household Finance Discount Company P.O. Box 8604 Elmhurst, IL 60126 Consumer Court of Common Pleas Cumberland County v. Number 04-5037 Gordon L. Bowermaster a/k/a Gordon Bowermaster 129 Porter Avenue Carlisle, PA 17013 and Patricia M. Bowermaster a/k/a patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 MEMORANDUM OF LAW On December 9, Plaintiff filed a Writ of Execution including a full legal description, with the Sheriff of Cumberland County in order to list the property known as 129 Porter Avenue for the June 8, 2005 sheriff sale. Subsequent to the filing of said writ of execution, Plaintiff discovered that the attached legal description erroneously and inadvertently described the premises being sold as 132 Channel Drive, Carlisle, PA. WHEREFORE, Plaintiff prays that this Honorable Court grant an Order to modify writ of execution to reflect the correct property address of 129 Porter Avenue, Carlisle, PA on the attached legal description and that the Sheriff be instructed to prepare their Deed using this amended legal description, and not the original ". legal description that was attached to the writ of execution filed December 9, 2004 and that public announcement be made at the sale of the correct property address being sold. Plaintiff further prays that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. $~j}1r( (1 C~ TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff \ VERIFICATION The undersigned, TERRENCE J. MCCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. l-~ 8~GJ- TERRENCE J. MCCABE, ESQUIRE MoCAB~, WEISBERG AND CONWAY, P.C. B~: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household . Finance Discount Company P.O. Box 8604 Elmhurst, IL 60126 Consumer Court of Common Pleas Cumberland County v. Number 04-5037 Gordon L. Bowermaster a/k/a Gordon Bowermaster 129 Porter Avenue Carlisle, PA 17013 and Patricia M. Bowermaster a/k/a patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the fbregoing Motion To Modify Writ of Execution, by United States Mail, first class, postage prepaid, on the 14th day of June, 2005, upon the following: Gordon L. Bowermaster a/k/a Gordon Bowermaster 129 Porter Avenue Carlisle, PA 17013 patricia M. Bowermaster a/k/a patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 Cumberland County Sheriff's Office ATTN: Real Estate Division Hanover Street Carlisle, PA 17013 ~ {}f1!(J fhI-- TERRENCE J. McCABE, ESQUIRE c~ r--' 0 r;:-,; C:-.? -n i;.)'" ..... ~.. :C .... r,1 i-co' ~-C": N C) . (J~) ~1 , "-i~~ .~ CJ r:-? :..,ji'n ::::i :.:;~: C..) :".0 0' -< RECEIVED JUN 22 200s.Y L-\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff : DOCKET NO. 04-5037 v. GORDON 1. BOWERMASTER NKJA GORDON BOWERMASTER AND PATRICIA M. BOWERMASTER NKJA PATRICIA BOWERMASTER, Defendants : PREVIOUSLY ASSIGNED TO: N/A RULE TO SHOW CAUSE And now this 2. 'f' day of 1....... 2005, upon consideration of Plaintiff's Motion to Modify Writ of Execution, the Court hereby Orders and directs as follows: 1. A Rule is issued upon the Defendants to show cause why the Plaintiff is not entitled to the relief requested. t.o ".,J 4/'1v .sc,v,t... 2. The Rule is returnable fit EI Rl'l1"'ng con thp. (by of , ;/005, 1ft CvwtlUUlll l'{v. , Qftlw C~.....IQlld Cuw.ity CUWdIUU03\,.1, Cl!ul~~l\,.l, P""I.d'laj'l.;ORi~ 3. Notice of the entry of this Order shall be provided to the parties by Plaintiff's local counsel within five (5) days of this date via certified and regular mail addressed to the Defendants at the following addresses, pursuant to Pa. R.C.P. Nos. 3118(b) and 440: Gordon 1. Bowermaster alk!a Gordon Bowermaster and Patricia M. Bowermaster alkla Patricia Bowermaster 129 Porter Avenue Carlisle, P A 17013 Distribution: Matthew J. Eshelman (Plaintiff's 10 By the Court: --7 . AI/ } J. counsel) "1. . 'A . I f~ \6 ~ lcl--a:) \Ilk- Au\!(":r';,.'\ ~,.., :-'0':\(0 lS :(;1 Wd 1Z Nor SUUl AWlONOiHJdd 3Hl .:l0 3:J1::!::!O-{)31I:J - ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point one hundred eighty-six (186) feet North of the intersection of the North side ofLouther Street and the East side of Porter Avenue; thence along the East side of Porter Avenue, Northwardly twenty-four (24) feet to a lot now or formerly of Harry Comman; thence along said lot Eastwardly, two hundred six (206) feet, more or less, to an alley; thence along said alley, Southwardly, twenty-four (24) feet to lot of ground now or formerly of Annie E. Crozier; thence by lot now or formerly of Annie E. Crozier, Westwardly, two hundred six (206) feet, more or less, to the place of beginning. CONTAINING twenty-four (24) feet in front on said Porter Avenue and extending in depth two hundred six (206) feet, more or less, to the alley aforesaid and having thereon erected a two story frame dwelling house and outbuildings, known as 129 Porter Avenue, Carlisle, P A. BEING KNOWN AS 129 Porter Avenue, Carlisle, P A 17013 BEING the same premises which Dwain D. Ronan, Executor of the Estate of Nelson H. Ronan, deceased, by deed dated the 30th day of September 1999, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 208 Page 859, granted and conveyed to Patricia Bowermaster and Gordon Bowermaster, husband and wife. Tax Parcel #02-21-0318-103 L~HIIIT "'1, McCABE, WEISBERG, & CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 S. Broad Street Suite 2080 philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Discount Company P.O. Box 8604 Elmhurst, IL 60126 Consumer Court of Common Pleas Cumberland County v. Number 04-5037 Gordon L. Bowermaster a/k/a Gordon Bowermaster 129 Porter Avenue Carlisle, PA 17013 and Patricia M. Bowermaster a/k/a patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 MOTION TO MODIFY WRIT OF EXECUTION Plaintiff, Household Finance Consumer Discount Company, by and through its attorney, Terrence J. McCabe" Esquire, moves this Honorable Court for an Order modifying writ of execution and avers as follows: 1. On December 9. plaintiff filed a Writ of Execution including a full legal description, with the Sheriff of Cumberland County in order to list the property known as 129 Porter Avenue for the June 8, 2005 sheriff sale. 2. Subsequent to the filing of said writ of execution, Plaintiff discovered that the attached legal description erroneously and inadvertently described the premises being sold as 132 Channel Drive, Carlisle, PA. 3. Plaintiff has modified the legal description to reflect the correct premises address of 129 Porter Avenue, Carlisle, Pa. A copy of said modified legal description is attached as Exhibit "A". WHEREFORE, Plaintiff prays that this Honorable Court grant an Order to modify writ of execution to reflect the correct property address of 129 Porter Avenue, Carlisle, PA on the attached legal description and that the Sheriff be instructed to prepare their Deed using this amended legal description, and not the original legal description that was attached to the writ of execution filed December 9, 2004 and that public announcement be made at the sale of the correct property address being sold. Plaintiff further prays that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. 1 ~1rJtI- ! I .' '. - ~ ..: ' '" \..ol f-... C ' r, TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point one hundred eighty-six (186) feet North of the intersection of the North side of Louther Street and the East side of Porter Avenue; thence along the East side of Porter Avenue, Northwardly twenty-four (24) feet to a lot now or formerly of Harry Cornman; thence along said lot Eastwardly, two hundred six (206) feet, more or less, to an alley; thence along said alley, Southwardly, twenty-four (24) feet to lot of ground now or formerly of Annie E. Crozier; thence by lot now or formerly of Annie E. Crozier, Westwardly, two hundred six (206) feet, more or less, to the place of beginning. CONTAINING twenty-four (24) feet in front on said Porter Avenue and extending in depth two hundred six (206) feet, more or less, to the alley aforesaid and having thereon erected a two story frame dwelling house and outbuildings, known as 129 Porter Avenue, Carlisle, PA. BEING KNOWN AS 129 Porter Avenue, Carlisle, PA 17013 BEING the same premises which Dwain D. Ronan, Executor of the Estate of Nelson H. Ronan, deceased, by deed dated the 30th day of September 1999, and reeorded in the Office of the Recorder in and for Cumberland County in Deed Book 208 Page 859, granted and conveyed to Patricia Bowermaster and Gordon Bowermaster, husband and wife. Tax Parcel #02-21-0318-103 [~",II'''fI'' McCABE, WEISBERG, << CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 S. Broad Street Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff I., Household Finance Discount Company P.O. Box 8604 Elmhurst, IL 60126 Consumer Court of Common Pleas Cumberland County v. Number 04-5037 Gordon L. Bowermaster a/k/a Gordon Bowermaster 129 Porter Avenue Carlisle, PA 17013 and Patricia M. Bowermaster a/k/a Patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 MEMORANDUM OF LAW On December 9, Plaintiff filed a Writ of Execution including a full legal description, with the Sheriff of Cumberland County in order to list the property known as 129 Porter Avenue for the June 8, 2005 sheriff sale. Subsequent to the filing of said writ of execution, Plaintiff discovered that the attached legal description erroneously and inadvertently described the premises being sold as 132 Channel Drive, Carlisle, PA. WHEREFORE, Plaintiff prays that this Honorable Court grant an Order to modify writ of execution to reflect the correct property address of 129 Porter Avenue, Carlisle, PA on the attached legal description and that the Sheriff be instructed to prepare their Deed using this amended legal description, and not the original ". legal description that was attached to the writ of execution filed December 9, 2004 and that public announcement be made at the sale of the correct property address being sold. Plaintiff further prays that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. 4J-/V~j}1r( (1 C~ TERRENCE J. MCCABE, ESQUIRE Attorney fOT- plaintiff ", VERIFICATION The undersigned, TERRENCE J. MCCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. l-A.~ 8~GJ- TERRENCE J. MCCABE, ESQUIRE McCAB~, WEISBERG AND CONWAY, P.C. BX: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household . Finance Discount Company P.O. Box 8604 Elmhurst, IL 60126 Consumer Court of Common pleas cumberland County v. Number 04-5037 Gordon L. Bowermaster a/k/a Gordon Bowermaster 129 Porter Avenue Carlisle, PA 17013 and patricia M. Bowermaster a/k/a patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the ~oregoing Motion To Modify Writ of Execution, by United States Mail, first class, postage prepaid, on the 14th day of June, 2005, upon the following, Gordon L. Bowermaster a/k/a Gordon Bowermaster 129 Porter Avenue Carlisle, PA 17013 patricia M. Bowermaster a/k/a patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 Cumberland County Sheriff's Office ATTN: Real Estate Division Hanover Street Carlisle, PA 17013 ~~ {}f1! (I fhI-- TERRENCE J. McCABE, ESQUIRE ~~ !--, <~~'.~' r:;:'~;) <..n T~ r0 ~-? o -n ..... ?:~~ :~,~\_3 :;() " -, ,:~ ~ ; (..,) C")\'-" 'pl, -;:>0 ')] .-<.C c,..) 0"\ ~~ - -- OURT r COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN THE C CIVIL ~ANCECONSUMER HOUSEHO ('WANY, DlSCOmrr laintiff : DOCKET NO. 04-5037 v. G , BOWERMASTERNKJA GORqOWERMASTER AND GORJM. BOWERMASTER NKJA PA\BOWERMASTER, PA' Defendants : PREVIOUSLY ASSIGNED TO: N/A CERTIFICATE OF COMPLIANCE I, Matthew J. Eshelman, Esquire, of the firm of Saidis, Shuff, Flower & Lindsay, P.e., ;by certify that: 1, Plaintiff, Household Finance Consumer Discount Company, is represented by Date: 'hiladelphia counsel, licensed in Pennsylvania, who has requested the assistance of the undersigned June 16, 20lto assure compliance with local rule and to handle any portion of the matter requiring personal appearance. 2. Pursuant to C.C.R.P. 208,2(d), conl;urrence of opposing counsel of record has not been sought because there is no opposing counsel of record. However, prior to the filing of th( Motion to Modify Writ of Execution, a copy of the Motion was mailed to the Defendants who hav not replied to the correspondence. 3. A copy of the Motion and Proposed Order was provided to the Office of f Cumberland County Sheriff, whic has indicated that the language as proposed is acceptal 0 ,...., c' 0 ~: "'" -n (;...11 <- ...... ~;::~, ::I:-n fnp - -Cr"" I" -,,0 -0. :~~~ ~?, :~"'):D - ~n ;?rn Z ~ ';:~ ::.2 v.> 55 CT' --.: - ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff : DOCKET NO. 04-5037 v. GORDON 1. BOWERMASTER NKJ A GORDON BOWERMASTER AND PATRICIA M. BOWERMASTER NKJA PATRICIA BOWERMASTER, Defendants : PREVIOUSLY ASSIGNED TO: N/A CERTIFICATE OF COMPLIANCE I, Matthew J. Eshelman, Esquire, of the firm of Saidis, Shuff, Flower & Lindsay, P.C., hereby certil)' that: 1. Plaintiff, Household Finance Consumer Discount Company, is represented by Philadelphia counsel, licensed in Pennsylvania, who has requestt:d the assistance of the undersigned to assure compliance with local rule and to handle any portion of the matter requiring personal appearance. 2. Pursuant to C.C,R.P. 208.2(d), concurrence of opposing counsel of record has not been sought because there is no opposing counsel of record. However, prior to the filing of the Motion to Modil)' Writ of Execution, a copy of the Motion was mailed to the Defendants who have not replied to the correspondence. 3. A copy of the Motion and Proposed Order was provided to the Office of the Cumberland County Sheriff, whic has indicated that the language as proposed is acceptable, provided of course that the language is acceptable to this Honorable Court. 4. No judge has had prior significant involvement in lhe case. 5. Rule 3118(a)(5) (Supplementary Relief in Aid of Execution) grants the Court broad latitude, upon due process, relating to the execution of judgments against property interests of the defendant, by providing in pertinent part that: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after thtl issuance of a writ of execution, enter an order against any party or person . . , (6) granting such other relief as may be deemed necessary and appropriate. Respectfully submitted, 1 SAID! , Date: June 16,2005 By: Matthew J. Esheb an, Esquire ID #72655 2109 Market Strec:t, Camp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 (') <;:: -> 'C" ~~ q. -'-D ~e rt i~ :911:( i~~~ -c. X.ril --,,,.: ,. :::::'.\ ~J, -...... t9 <P a~ <-c.:: '.:-,2-: tV - \._- C.;:'.> k~, :;". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL : DOCKET NO. 04-5037 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff v. GORDON 1. BOWERMASTER NKJA GORDON BOWERMASTER AND PATRICIAM. BOWERMASTERAIKIA PATRICIA BOWERMASTER, Defendants : PREVIOUSLY ASSIGNED TO: J. HESS PLAINTIFF'S MOTION TO MAKE RULl~ ABSOLUTE AND NOW COMES Household Finance Consumer Discount Company, the Plaintiff in the above-referenced matter, by and through its attorneys, Saidis, Shuff, Flower and Lindsay, and petitions the Court to make the Order to Show Cause Absolute and sets forth in support thereof as follows: I. On or about June 21, 2005, Plaintiff filed its Motion to Modify Writ of Execution (the "Motion") and Certificate of Compliance. 2. This Court entered a Rule to Show Cause dated June 24, 2005, issuing a citation upon the Defendants, Gordon 1. Bowermaster aIkIa Gordon Bowermaster and Patricia M. Bowermaster aIkIa Patricia Bowermaster, to, inter alia, show cause: why the Plaintiff is not entitled to the relief requested and to file an answer to the Motion within twenty (20) days after service. 3. Pursuant to the Rule to Show Cause, Plaintiff provided notice of the entry of the Rule to Show Cause upon the Defendants via certified and regular mail addressed to the Defendants at the same 129 Porter Avenue address in Carlisle, PI~nnsylvania 17013, pursuant to Pa. R.C.P, Rule 3118(b) and Pa. R.C.P. Rule 440. Copies of U.S. Postal Service Certified Mail Receipt and Certificate of Mailing are attached hereto as Exhibit "A" and made part hereof bv reference. 4. As of the date hereof, Defendants, Gordon 1. Bowermaster aIkIa Gordon Bowermaster and Patricia M. Bowermaster aIkIa Patricia Bowennaster, have not filed an answer to the Rule to Show Cause. WHEREFORE, Plaintiff, Household Finance Consumer Discount Company, respectfully requests that this Honorable Court grant an Order to Modify Writ of Execution to reflect the correct property address of 129 Porter Avenue, Carlisle, P A on the legal description attached to the Motion to Modify Writ of Execution and that the Sheriff be instructed to prepare their Deed using this amended legal description, and not the original legal description that was attached to the Writ of Execution filed December 9, 2004 and that public mmouncement be made at the sale of the correct property address being sold. Plaintiff further prays that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. Dol' '6Nor By: Matthew 1. Eshelman, Esquire ID #72655 2109 Market Street, Camp HilI, PA 17011 (717) 737-3405 (fax) 737-3407 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNAlIONAL MAIL, DOES NOT PROVIDE FOR tNSURANCE~POSTMASTER .....,...,....~.,.,,'";...,""::.iI...."Il n.r'.';: -T~l ~ L dsay !i\1 c :~\ R"~SdaiOIS2~~~ttp~1~~~:te~t,~~e~{1< :'.l~l ~: :~\ \1"'\ pp PQl ~J " ",,!~; Cc:I!i!p 1" "I 2/ ~i;':' ;: ~ \ i." ~. One piece ofordi('lary mail addressed to: "\ "'~~ v '",..c 0 ~(~ L, &~t c{;fr.t'dt/1 &~~ ; -,~ 1r1f/~ /11 "31i1t"*"~'h-. ",]4:- 16fnclC. &J;;:;~ / /&<; J6rb- tlel1U~ Jl:'/,,/~ -pf) ON"Z P$ Form 3817, January 2001 M ru IT' CJ M en IT' <0 U.S. Postal Service"" CERTIFIED MAIL", RECEIPT (Domestic Mail Only; No Insurance Coverage PrOVIded) AL u CJ CJ CJ CJ Return Reelepl Fee (Endorsement Required) o Restricted DelIVery FH Lt1 (ECIdorument Required) en CJ P- $ Certltled Fee Total Postage & Fees $ :r CJ CJ f'- PS Form 3800 June 21102 See Reverse tar InstHlctlons E ~ ",., '- ~,-\- "A"'" -. ."" 2 ~ ~ ~ ~, ~ ~:P '""OCt} ""'(3' <>> Z', ,.~~.~ ~~ fj, )--, , fSJ .../",::.. ~~ ~Cj --0 ""1"""("""" :S :J('2 zJ :z: r" 5>2 <..:> '9 ~. .' ~ - fSJ (t t-." -+; J ;" ~ ~ JOHN E. SLlKE ROBERT C. SAlOIS GEOFFREY S. SHUFF JAMES O. FLOWER, JR. CAROLJ. LINDSAY BRIAN c. CAFFREY GEORGE F, DOUGLAS, III MATTHEWJ, ESHELMANt THOMAS E. FLOWER )ACLYNSMITH LAW OFFICES SAlOIS, SHUFF, FLOWER & LINOSA Y A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYL VANIA 17011 TELEPHONE: (717) 737-3405 FACSIMILE: (717) 737-3407 www.ssfl-law.com CARLISLE OFFICE: 26 W. HIGH STREET CARLISLE, PA 17013 PHONE: (717) 243-6222 FACSIMILE: (717) 243-6486 REPLY TO CAMP HILL EMAIL: meshelman@ssfl-law.com August 4, 2005 Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Household Finance Consumer Discount Company v. Gordon 1. Bowermaster & Patricia M. Bowermaster - No. 04-5037 Dear Sir or Madam: Enclosed is Household Finance Consumer Discount Company's Motion to Make Rule Absolute and the Proposed Order. Please assign the Motion to tne appropriate judge for issuance of the proposed Order and return three (3) conformed, signed copies of the Motion and Proposed Order to our office for service upon the Defendants. If you have any questions or need any additional information, please call. Thank you for your assistance in this matter. Very truly yours, SAlOIS, SHUFF, l/LOWER & LINDSAY ~ tl ~'^- (G....",L.:-) Matthew J. Eshelmcffi, Esquire MJE/gmk Enclosure cc: Deborah Bringhurst t Board Certified by the American Board of Certification in Creditor.,' Rights Representation ~\ . .' RECEIVED AUG 09 Z005 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff : DOCKET NO. 04-5037 v. GORDON 1. BOWERMASTER NKIA GORDON BOWERMASTER AND PATRICIA M. BOWERMASTER NKJA PATRICIA BOWERMASTER, Defendants : PREVIOUSLY ASSIGNED TO: J, HESS ORDER AND NOW THIS /S'O day of It.y ,.,.v , 2005, upon consideration of the Motion of Household Finance Consumer Discount Company to Modify Writ of Execution and Certificate of Compliance and the Defendants failure to file an answer to the corresponding Rule to Show Cause issued by this Court dated June 24, 2005, IT IS HEREBY ORDERED AND DECREED that the Writ of Execution is modified to reflect the correct property address of 129 Porter Avenue, Carlisle, PA on the legal description attached to the Motion to Modify Writ of Execution and that the Sheriff be instructed to prepare their Deed using this amended legal description, and not the original legal description that was attached to the Writ of Execution filed December 9, 2004 and that public announcement be made at the sale of the correct property address being sold. Plaintiff further prays that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.c.P. 3129 /1;1 J. 1 'ilNV/\l\S~.lN:::id rUNno~, ~"r~'.",,:-',\,;~q~~W1J 91 :8 Hd S I SOV SUUl AlfVlOi'JOHlOl:!d 3Hl :10 3:)1;:!:l0-G311:l - Patrick E. Midgley, Jr. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : NO. 05 -503 6VIL TERM : IN CUSTODY Abigail Ann Midgley Defendant STIPULATION REGARDING CUSTODY-VISITATION Plaintiff, Patrick E. Midgley, Jr., hereinafter reference:d as Father, and Defendant, Abigail Ann Midgley, hereinafter referred to as Mother, hereby agree to the entry by the Court of the following terms in a Court Order defining custody rights and responsibilities in relation to the parties' minor children: Haily Kay Midgley, born April 6, 2000, and Madeline Ann Midgley, born April 21, 2002, hereinafter referenced as Children: (I) Shared legal custody of Haily Kay Midgley and Madeline Ann Midgley, as contemplated by the Act of November 5,1984, P,S. ~p001, et seq., is awarded to Mother and Father. (2) Physical custody of the Children, Haily Kay Midgley and Madeline Ann Midgley, shall be shared by Father and Mother in accordance with the following schedule: (a) On Mondays, Mother shall pick the children up at Father's residence at 7:30 AM. Mother shall get the child or children to school. Father shall pick the children up at Mother's residence at 4:00 PM, and Father shall keep the children until the next morning. (b) On Tuesdays, Mother shall pick the children up at Father's residence at 7:30 AM. Mother shall get the child or children to school. Mother shall keep the children until Wednesday afternoon, (c) On Wednesdays, Father shall pick the children up at Mother's residence at 4:00 PM, and he shall keep them until Thursday morning. (d) On Thursdays, Mother shall pick the children up at Father's residence at 7:30 AM. Mother shall get the child or children to school. Father shall pick the children up at Mother's residence at 4:00 PM, and Father shall keep the children until the next morning. (e) On Fridays, Mother shall pick the children up at Father's residence at 7:30 AM. Mother shall get the child or children to school. Father shall pick the children up at Mother's residence at 4:00 PM. Mother shall pick the children up at Father's residence at 10:00 PM and shall keep the children until Saturday at 3:00 PM. (f) On Saturdays, Father shall pick the children up at Mother's residence at 3:00 PM, and Father shall keep the children until Monday morning when Mother shall pick up the children as indicated in (a) above. (g) Mother and Father shall split the time with the children on Thanksgiving Day with a switch made at 2:00 PM. Mother shall have Thanksgiving morning in odd numbered years, and Father shall have Thanksgiving morning in even numbered years, (h) The parties' time with the children at Christmas time shall be shared by the designation of custody time A from December 24th at noon to December 25th at noon, and custody time B from December 25th at noon to December 26th at noon. Mother shall have custody time A in even numbered years and custody time B in odd numbered years. Father shall have custody time B in even numbered years and eustody time A in odd numbered years. (i) The parties' time with the children shall be shared at Easter with custody time A being from Easter Saturday at noon to Easter at 1 :00 PM, and custody time B being from Easter at 1 :00 PM until Easter at 7:00 PM, Mother shall have custody time A in even numbered years and custody time B in odd numbered years. Father shall have custody time B in even numbered years and custody time A in odd nunlbered years. G) Either parent may plan a summer vacation with the children for up to 9 consecutive days without interruption by custody by the other parent, provided that the time is spent away from the Carlisle home, and also provide that at least 45 days notice is given to the other party. (k) The tenms of this order may be changed by the mutual agreement of the parties. ~/ f\ttorney for Plaintiff 4 /d~,;. Patrick E. Midgley, Pia ~ ~'1C,-'CD~ , Esq. Attorney for Defendant A0~~~~ ^~~ , A igail Ann Midgley, fendant (j c; < -j -, -> = = Cor' (/) rn -u N en ~ ..... :1:-n f\1p '""1;:)m ;uy ') '~jQ ~'L ~1 .~;~~~ ~~ ')> "J) '-< -", :Y. 'f? l'~ Ci COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Household Finance Consumer Disc Co is the grantee the same having been sold to said grantee on the 7th day of Sept AD., 2005, under and by virtue of a writ Execution issued on the 9th day ofDec, AD., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 5037, at the suit of Household Fin C D C against Gordon L Bowermaster aka Gordon & Patricia M aka Patricia is duly recorded in Sheriffs Deed Book No. 271, Page 253. IN TESTIMONY WHEREOF, I have hereunto set my hand ( f'Y r ,A.D. ;2-r ;2~) day of and seal of said office this ~v Recorder of Deeds ~":'_~=~CaIIIy,CoIfoIt.PA . __11Io FirII....... "'....1llllI Household Finance Consumer Discount Company VS Gordon 1. Bowermaster aIkIa Gordon Bowermaster and Patricia M. Bowermaster aIkIa Patricia Bowermaster In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2004-5037 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Gordon 1. Bowermaster aIkIa Gordon Bowermaster and Patricia M, Bowermaster aIkIa Patricia Bowermaster, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale, and Description, according to law, York County Return: Served the within Real Estate Writ, Notice of Sale and Description upon Gordon 1. Bowermaster aIkIa Gordon Bowermaster and Patricia M. Bowermaster alkla Patricia Bowermaster on March 17,2005 at 1 :50 o'clock P,M., by handing to Patricia Bowermaster, personally and wife of Gordon Bowermaster, at 9 S, Baltimore St., Apt. 7, Dillsburg, PA 17019, So answers: William Hose, Sheriff of York County, Pennsylvania, CpI. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 05, 2005 at 8:00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gordon 1. Bowermaster aIkIa Gordon Bowermaster and Patricia M, Bowermaster aIkIa Patricia Bowermaster located at 129 Porter Ave" Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency ofthe action to the within named defendants, to wit: Gordon 1. Bowermaster aIkIa Gordon Bowermaster and Patricia M, Bowermaster alkla Patricia Bowermaster, by regular mail to their last known address of 9 South Baltimore Street, Apt. 7, Dillsburg, PA 17019. These letters were mailed under the date of May 10, 2005 and never returned to the Sheriffs Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 07, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Terrence McCabe for Household Finance Consumer Discount Company, It being the highest bid and best price received for the same, Household Finance Consumer Discount Company of961 Weigel Drive, P.O. Box 8604, Elmhurst, IL 60126 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$1,000,10, Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County York County Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $30.00 19.61 15.00 15.00 30.00 10.00 ,50 1.00 7.40 2.61 15.00 30.00 9,00 83.89 20.00 293.30 336.82 16.47 25.00 39.50 $ 1,000.10 Sworn and subscribed to before me This L day of (J>'-'- . 2005, A.D. So~~' i ~.c~~~ R. Thomas Kline, Sheriff ByJ~ :~ Real Estate ergeant cv.JL-~ 3ViTU I.SlJ ,? Ck. .Y 1:JC-3 IlL, f(."r&,)J- McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCEJ.McCABE,ESQUlRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company v, Cumberland County Court of Common Pleas Gordon 1. Bowermaster alkla Gordon Bowermaster and: Patricia M. Bowermaster alkla Patricia Bowermaster Number 04-5037 AFFIDA VIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 129 Porter A venue, Carlisle, P A 17013, a copy of the description of said property is attached hereto and marked Exhibit "A" 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Gordon 1. Bowermaster aIkIa Gordon Bowermaster and Patricia M. Bowermaster aIkIa Patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 Above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Household Finance Consumer Discount Co P.O. Box 8604 Elmhurst, IL 60126 and 25 Gateway Drive, Ste 107 Mechanicsburg, Pa 17055 4. Name and address of the last recorded holder of every mortgage of record: Name Address Household Finance Consumer Discount Co Cendant Mortgage Co P.O. Box 8604 Elmhurst, IL 60126 and 25 Gateway Drive, Ste 107 Mechanicsburg, Pa 17055 3000 Leadenhall Road Mt. Laurel, NJ 08054 5. Name and address of every other person who has any record interest in orrecord lien on the property and whose interest may be affected by the sale: Name Address Borough of Carlisle 53 West South Street Carlisle, Pa 17013 6. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenant(s) 129 Porter Avenue Carlisle, PA 17013 Domestic Relations Armstrong County Court House Rm 1 500 Market Street Kittaning, PA 16201 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 November 23. 2004 DATE 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 relatin to unsworn falsification to authorities, m ~ ~. TERRE J,McCABE,ESQtmRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.c. 'BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company v. Cumberland County Court of Common Pleas Gordon 1. Bowermaster aIkIa Gordon Bowermaster and Patricia M. Bowermaster alkla Patricia Bowermaster Number 04-5037 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gordon 1. Bowermaster aIkIa Gordon Bowermaster and Patricia M. Bowermaster aIkIa Patricia Bowermaster 129 Porter Avenue Carlisle, PA 17013 Your house (real estate) at 129 Porter Avenue, Carlisle, PA 17013, is scheduled to be sold at Sheriff's Sale on June 8, 2005 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $99,433.84 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Household Finance Consumer Discount Company, the back payments, late charges, costs, and reasonable attomey's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale, (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7 , You may also have other rights and defenses, Or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LA WYER REFERRAL SERVICE OR COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYL VANIA 17013 (717) 240-6200 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE,PA 17013 (717) 249-3166 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5037 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due HOUSEHOLD FINANCE CONS. DISC. CO. Plaintiff(s) From GORDON L. BOWERMASTER A/KJA GORDON BOWERMASTER AND PATRICIA M. BOWERMASTER A1KJA PATRICIA BOWERMASTER, 129 PORTER AVE., CARLISLE PA 17013. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCA TEDA T 129 PORTER AVE., CARLISLE P A 17013 (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee. you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $99,433.84 L.L. $.50 Interest from, 11/24/04 - 6/8105 @ $16.35 per diem = $3,204.60 Atty's Comm % Due Prothy $1.00 Atty Paid $129.70 Other Costs Plaintiff Paid Date: DECEMBER 9, 2004 (Seal) Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQ. Address: 123 S. BROAD ST., STE 2080 PHILADELPHIA PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 16496 \ ~~:).9. ~~~. 1U:)l[ 1+""" r 14 ':dfl ~OOZ '01 A.lUruq:)d ::)lUQ 'U!:)l:)q P:)lUlOcUO:JU! :):Jm:u:)}:ll S!4l Aq pun l[.IM S!ql ql!M P:)I!] (-J "v" l!q!qxa uo p:)q!l:JS:)P AIItlJ :)lOW ':)1S!IlU;) CViJ CViJ c:::::lI ":)AV l:)POd 6Z1 SU P:)l:)qwnU puu UMOU){ G=e> (;Vi) Vd 'AlUnO;) Puull:)qwn;) 'qilnolOfl :)lsq.lU;) U! P:)lUl1l!S Ap:)dold 1U:)l :)ql U! lS;)l:)lU! S,lUUPU;)PP :)ql uodn P;)!A;)I1JP;)qS ;)41 ~OOZ '01 A.rUruq;)1f'lO LO# ;)IUS ;)lUlSa IU;)l[ El :()I 'V b- 330 ~OOl \fd ').lNOO:J ONV'1~3aHn3 :l:lIH3HS 3Hl .:JO 331.:J.:J0 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 Joseph A. Dennison. being duly sworn according to law. deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania. with its principal office and place of business at 812 to 818 Market Street. in the City of Harrisburg. County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City. County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th. 1854, and September 18th, 1949, 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 and/or Sunday/ Metro editions which appeared on the 26th day(s) of April and the 3rd and lOth day(s) of May 2005. That neither he nor said Company is interested in the subject marter of said printed notice or advertising, and that all of the allegations of this statement as to the time. place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14. Page 317. COPY SALE #7 Sworn to and s PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 336,82 Publisher's Receipt for Advertising Cost The Patriot News Co.. publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... IlIAL.IES1lIa1; lW.E No. 111 WrltNo.2OG151lS, Civil Tenn tto......1d FInance CcinIIumer m-mCo. v. Go_L. -..-.. 8I1uII ~':Ju.u~ L ~.- and -=~~f Atty...... McC-. ~ All THAT CI!Rl'AIN lot of pIlII!Id with the impmvements _ _. ...... in the _ghof Carlisle. CumberIalId County. l'oIlruymmia,bouJldo:dJlllddes<2ibedas_: 81!G1NN1NG.al . poiDI """ _ eighty . six (186) fOIl Nodb of the_of the NtxIhsideofLoulllo:_JllldtheEastsideof PuIorA_"-'aklogthe East sideefPlmr A......lIOlIbwadly _lour (24) feet to a lot ..... or fo/mIdy of I/aoIy Commlm; "-' along said lot EastwadIy. twO _ ail (2ll6) feet, more or Iesi. to.. alley; "-' along said alley, _y._Iour(24)feettolotofground .....or""""!J'ofAlmioH,CmI.ior;"-' by lot ..... or """"!J' of Aomie H, n.zir:r. -..uy, two .Ilwkkal. six (1D6) fed. JI1IXt ~ less, to the place of 1lHllINNlNG, CON\'AlNJNll ~ fuor (24) fOIl in fnml Ill1 said _ Aveooe JIIId......... ia_ two iwI1 cIml ail (1116) r..t';...."'Iesi. tol/ioalley _Jllldhaving__atwO""'Y _ dwcIIiog~JIIId .............kDownas 129_A_' . .PA. BIlING III AS 132 Channel Drive, CadiaIo,PAl7fl13, " BIlING the............... _ Dwain D, Ronan, as Hae<lior, of the _'of _ H, Ronan. doceaIel. by deed daled the 30dI day of ~l999.JIIId_intheOllieeofthe ~..,lll.. C1DIIcdmICcaIuty in Deed Book1llll. PaF~.,- -"""'l"'i to PIIricia ....._ ~ f . ._.o..bt &......~. --..., N__IIo,~"'II-IOl. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16,1929), P. 1.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, ofthe 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 15,22,29,2005 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. SWORN TO AND SUBSCRIBED before me this 29 day of April N SEAL LOIS E. SNYDER. Notary Public Carlisle 8010. Cumbel1and County My Commission Expires MalCh 5. 2009 REAL ESTATE SALE NO. 7 Writ No, 2004-5037 Civil Household Finance Consumer Discount Company vs, Gordon L. Bowermaster, a/k/a Gordon Bowermaster and Patricia M. Bowermaster, a/k/a Patrlcla Bowermaster Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Penn- sylvania, bounded and described as follows: BEGINNING at a point one hun~ dred eighty-six (186) feet North of the intersection of the North side of Lou- ther Street and the East side of Por- ter Avenue: thence along the East side of Porter Avenue, Northwardly twenty-four (24) feet to a lot now or formerly of Harry Cornman; thence along said lot Eastwardly, two hun- dred six (206) feet, more or less, to an alley; thence along said alley, Southwardly, twenty-four (24) feet to lot of ground now or formerly of Annie E. Crozier; thence by lot now or formerly of Annie E. Crozier, Westwardly, two hundred six (206) feet, more or less, to the place of beginning. CONTAlNlNG twenty-four (24) feet in front on said Porter Avenue and extending in depth. two hundred six (206) feet, more or less. to the alley aforesaid and having thereon erected a two story frame dwelling house and outbuildings. known as 129 Porter Avenue. Carlisle, PA. BEING KNOWN AS 132 Channel Drive, Carlisle, PA 17013, Being the same premises which Dwain D. Ronan. as Executor of the Estate of Nelson H. Ronan. deceased. by deed dated the 30th day of Sep- tember 1999, and recorded in the Office of the Recorder in and for Cum~ berland County in Deed Book 208. Page 859. granted and conveyed to Patricia Bowermaster and Gordon Bowermaster. husband and wife. TAX MAP PARCEL NUMBER: 02- 21-0318-103,