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HomeMy WebLinkAbout02-0896McCABE, WEISBERG AND CONINAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 Vo DCRS Holding, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number CIVIL ACTION/ACTION TO QUIET TITLE NOTICE AVISO 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 p~operty or other rights important to you. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede conimuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 Mo DCRS Holding, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cnmberland County Court of Common Pleas Number CIVIL ACTION/QUI~T TITLE 1. Plaintiff is Household Finance Consumer Discount Company and doing business at the above captioned address. 2. The Defendant, DCRS Holding, Inc., is, upon information and belief, a Holding Company with a last known address of 8131 LBJ Freeway, Suite 400 Dallas, TX 75251. 3. Plaintiffhas an interest in the subject property described at 944 Cavalry Street, Carlisle, PA 17013 by reason of, and as further described in: (i) the attached mortgage, dated November 18, 1999, given by John M. Keefand Linda Jean Keel, as mortgagors, to Household Finance Consumer Discount Company, as mortgagee, in the original principal amount orS115,198.19, and recorded on November 19, 1999 in the Office of the Recorder of Deeds of Cumberland County in Book 1583, Page 181, et seq.(the "Household Mortgage"); and (ii) a Deed In Lieu of Foreclosure, dated January 30, 2002, given by Linda Keef (reciting that she is a widow), as grantor, and Household Consumer Discount Company, as grantee, and not yet filed for record. Exhibits "A" and "B", respectively. 4. On November 18, 1999 at the time that Plaintiff entered into the Household Mortgage with John M. Keefand Linda Jean Keel, Plaintiffwas advised that there were no prior mortgages on the property. 5. Upon information and belief, a certain mortgage given by John M. Keel and Linda Jean Keef, as mortgagors, to AMRE, Inc., as mortgagee, dated March 8, 1989 and recorded March 27, 1989 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 933, Page 433, et seq. and assigned to Union Mortgage Company by assignment recorded September 6, 1989 and recorded in the Office of the recorder of Deeds of Cumberland County in Book 368, Page 684 and further assigned to DCRS Holding, Inc. by assignment recorded August 29, 1994 in the Office of the recorder of Deeds of Cumberland County in Book 480, Page 1083 (the "AMRE Mortgage") was paid offbut not satisfied of record at the time of the granting of the Household Mortgage to Plaintiff. See Exhibit"C", the AMRE Mortgage, together with the said assignments, and Exhibit "D", a property report, which shows the AMRE Mortgage still of record. 6. DCRS Holding, Inc. has failed to satisfy the AMRE Mortgage of record. 7. Plaintiff has been unable to locate DCRS Holding, Inc. in order to request or secure a release of the AMRE Mortgage. DCRS Holding, Inc.'s failure to satisfy the AMRE Mortgage creates a cloud upon the title on o the property. 9. As it appears by an official search attached as Exhibit "D", there has been no further assignment of the AMRE Mortgage. WHEREFORE, Plaintiff requests the Court to Order that the AMRE Mortgage be marked satisfied, released and extinguished of record. Attorney for Plaintiff EXHIBIT "A" {MORTGA'GEI · OPEn-eND ADVANCe. THIS MORTGAGE is ma~ this ~y. 18TH o~ ~0VEMSER 19 9~; ~tWc~ tho Mm~gor, LINDA J~AN (h~ein "Borrower"} ~d Mort~ HOUSEHDLD FINANCE CONSUME~ DI SCOUNT COMPANY cut.ration organJz~ and efisfi~g U~d~' the l~w8 of ~F~VLVAN I A , who~ ~d~ ~8 GATEWAY DRIVE, GATEWAY :SOUAREISUITE 107, ~ECHANICSBURG, PA U055 The following paralffaph preceded by a checked ~x is applicable. ~ W~, Borcower is ii~bt~ to ~der in the pfiacipfl sum of $ 116, 1G8, 10 evi~ by So. weds ~an ~epaymem and S~ufity Ag~ent or S~n~ Mortgage ~ ~r~e~t NOVE~ER 18, 1 aaa , ~ ~y ~te~iO~ or ~neWalS ~er~f (hc~n "N~o"). pm~d~g ~ mofl~y i~allmon~ of princi~ ~nd inM~t, including an~" ad~men~ lo t~ amo~t ~ ~ym~ or the ~ntra~ ca~ i$ v~iablo, with tho ~lano~ ~ the inde~n~, ff nol ~oner ~M, due and ~yable on NOVEMBEE 18, 2~2g ~ W~, Bor~wcr is indob~ to ~ndcr in the princ[~ sum of $ . or ~ much [h~f ~ may ~ adva~ purser ~ Borrower's Revolving ~an A~eement and ex~o~ ~d r~s th~e6~ (her~n 'Note"). providing for mommy i~mllm~, and [n~r~ at the under t~ t~s s~ifi~ in ~e ~ote. induing any ad~m~ In the ;nm~t rs~ if ~aZ rate is ~iable, providing for a cm~t llmit ~a~' in th~ ~nci~l sum a~ve and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with intc~st thereon, including shy increases if the contract rate is variable; (2} future advances Milder say Revolving Loan Agreement; tho paTment of all other sums. wi,tll interest thereon, advanced in aczordance herewith to protect the security o! this Mortgage; and (4} the performance of the covenarl~s and agreements of Borrower herein contained. Borrower does hereby mortgage, grant ahd cor~vey 'to Lender and Lender's successors and assigns the following deacribed property located in the County of CUMBERLAND ...... Commonwealth of Pen~ylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF NORTH MIDDLETON IN THE COUNTY OF CUMBERLAND ANO C0]vUONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A FEE SIMPLE DEED DATED 04115110B3 AND RECORDED 04/1BIlOB$, AMONG THE LAND RECORDS OF THE COUNTY AND STATE BET FORTH ABOVE, IN V~bUME.'30 PAGE ~1§. TAX ~ARCEL lO: 20-19-163g-011 :, . '.',"..,..~.:~. 09-20-~ M'rG SXHIBIT "A lalll81giiglllN lllfllllllllgli]llEiilllllllgl PA001261 EO'd t~LEIO6L~IEI6 01 t~l~&/_ /-I9 009 G-IOHBSnOH ~4 14d 6Z:a tOOE 1,0 Nnr -2- TOO~rH~R wlt~ ali t~ improvcmc~s now or her~af~ erred on t~e pro~, a~d all ~m~, appu~en~s ~d ren~, all of which ~1 ~ d~m~ .~ ~ and ~main a pa~ o~ ~e ~o~tcy cowr~ by ~his Mo~ag~; and ali of tM fore~ing, ~g~h~r with ~id ~rty (or th~ l~hold ~te if t~s Mo~g~ is on a lc~hol~) are h~in~tcr ~fcr~ ~ ~ thc B~ow~ ~wnan~ ~t Bo~ow~ is lawfully ~ of the ~ hereby ~n~ey~ ~d h~ ~ H~ w ~aflt and eoove~ lhe Pretty. and t~t tM p~ i~ ~en~umb~, ex.pt for encumbran~ of r~ot& ~w~n~ thai Bo~ower waron~ and will defend generally the title ~ lhe ~ay a~i~ all claims a~d demand, sub~t lo eocumbranc~ of ~ord. ~IFORM COV~A~, ~rrow~ and ~nd~ ~v~t and a~ ~ follow~ I. ~aymcnt of ~rlnclpal and [nto~st at Variable Rates. Thia moagage a~ur~ ~l paymen~ o~ princi~I a~d inter~ duc on a vadabl6 ~tc [nan. Th~ ~otract ra~ of intent and ~ym~t amoun~ may ~ sub~t to chan~ provid~ in ~c No:~ Borrowem sMll ~mp~y ~y when duo ~! amoua~ t~uir~ by t~ Not~, Z ~unds I~ Taz~ and Instance. Sub~ lo applicable law or waiver b~ ~ndcr, Bot~wet sh~l ~ to ~der on the da~ month[I ~ym~ of pdncip~ and in~ a~ ~yable ~der ~e No, c, ~dl ~he No~ la paid in full, a ~m (heWn '~u~') ~ to one*tw~f~ o[ ~ y~rly i~ and ~m~ (includln~ co~omlnlUm ~d ~ann~ unit ~vgopment a~mcn~, if any} whi~ m~ at.id pdorlty o~t this Mortgage and ~und ~n~ on the ~y~ any, p]~ ~welfth of y~rl~ p~mium i~lm~ for ha~rd i~utanee, pl~ oae~el~h of y~y premium in~llm~n~ for mo~s~ in6u~n~, if an~, ~l ~ ~bly ~timat~ idtla[ly and from time to ~me by ~a~ on the ~$ O~ ~ments a~ ~lls and red.naMe ~imai~ ~f. he.ewer ~hall not ~ obi/ga~ to make ~lm~ of ~un~ to ~cr to tb~ ~cnt that ~rr~ mak~ ~ucb paym~n~ W the hold~ of a ~io~ mo~ge or If ~mwer pays Fun~ ~o L~dcr. ~ P~ ~1 ~ ~Id in ~n i~tltufion ~e de~m or ~oun~ of which insur~ or' guaranteed ~ a Federal or ~a ~cy (indudlng L~dec if ~der ~ s~h ~n institution). ~der sh~ll apply ~e ~un~ to ~y ~id ~ax~. a~m~m, in~ranc~ pr~mlums and ~ou~ reno. ~n~ m~y ~ o~rg~ [or ~ holding and applying ~he Fun~. aaaly~ng ~id ac~unt or v~gfying and ~omp~ing ~id ~m~ aM bills, ~1~ ~nd~ ~ Borrower lmer~t on ~ Fua~ and applicable lgw ~rmits Mnd~ to makv such ~ ~harg~ Bonow~ and Lender may a~e in wrhing at t~ time of ex~u~ion of this Mor~ga~ t~t in. est on t~ Pun~ shll ~ pzld ~ ~rmwvr, and unl~ such agr~m~t is made ar applicable law r~uires suoh iam~t to ~ paid, Mnder s~li no~ ~ r~uir~ tp ~y Borrower any inmc~ or ~min~ on ~ Fon~. ~g~ s~ll g;~ m Borrower. without char~, an annual ~ca~n6ng of the Pun~ showing cr~its ~d deMm ~o ~ Ponds and tho p~ for which ~ch debit to ~o Fun~ w~ made. ~e Pun~ are pl~g~ ~ a~i*ional ,~urlxy for the sums ~cured by ~his If t~ amoun~ of lhe Fun~ held by ~d~. ~ge*her with ih~ fmur, monthly i~llm~nte of Fun~ payable lo ~ho due da~ of l~. ,~men~s. Inmr~ce p~miu~ and ~ond renm, sh~l ~c~ the amount rqulr~ to ~y said t~. ~mea~ insurance premiums and ground ~ a~ they fall duo, s~h e~ sh~l ~, aC o~ion, eliher promptly ~d to ~rrower or c~ited to Borrow~ bn mon~l~ i~lmenls of Fun~. 1[ ~e aren.t off the Fun~ h~d b7 ~dcr ~all not ~ auffi~ent to ~y ~. ~mcn~, i~ran~ p~mluma and ~o~d ren~ ~ they Fall do~, Borrower s~l pay 1o t~nd~ any amount a~ry to make up ~e de[i~cy in bne Or mo~ aS ~g~ may f~re, U~n ~yment in ~ull o~ aH sums ~ur~ b~ ~hls Morl~ge. ~er shall promptly r~fu~ ~o Borrow~r any held by ~nd~. If under ~ta~aph 17 he~f the Pfo~rt~ i~ sold or lhe Pro~a~.~ oth~rwi~ ~ui~ b~ ~d~ s~ll a~l~, no la~ th~ imm~ia~17 ~ri~ ~ ~e ~l& of ihe Pto~ny or i~ a~ flou by ~d~. a~ held by Leeder at the time of ap~i~tlon as a eregi~ ~in~ the sums ~u~ by :his M~gage. , 3. Appli~tloa of Payments. ~x~pt [~ Ioa~ made pu~u~t lo ~e Pennsylvania Co~um~ Compa~ A~, ~1 paym~ t~elv~ by Mnd~ under lhe Note ~d ~ragap~s I a~ 2 her~ shall ~ applied by ~d~r fl~t in.paymeet of amo~ payable to ~nder by Bo~wer undtr ~agtaph 2 her~f, ~ to inter.t, 4. Prior Mort[a~a and D~d of Trust; Char~es; Liens. ~rrow~ shalJ ~r[orm all of ~ot~we~a obli~tlo~ ~der ~r mo~pg~, d~ o[ t~t or other ~urlty a~ment wi~h a ~en w~0h h~ ~ogt~ ov~ ~i~ M~ge, iacl~ng ~or~w~'s ~o~n~ to make ~gm~ wh~ d~. B~rower shall pa~ or ~ to ~ ~id all ~men~ and oth~r charge, flo~ and im~ki~ attg~utable ~ ~e Pm~ wMch may at.in a prlodt~ o~ t~ ~lor~a~ a~ le~hold ~m~ or ~ung t~, il any. 09-20-99 ~ ~O'd P/aIO6/Slat6 ol P~LL ii9 0~9 O~OHBSNOH ~ Wd 6a:i IOOa PO 5. Hazard Insurance. Borrower shall keep the improvzme~t~ now exlstino or hc~ ~d on ~ Th~ i~ur~ 0a~ pro~dlng ~e ~nsur~ shall ~ ch~en by the ~o~w~ ~ub~t xo app~val by ~nde~ pwvid~d, t~t ~=h ap~val shall not bo ~r~bly wilhold. ~i i~ur~ce ~id~ end r~ew~s ~ sh~l form acce~able ~ Lend~ and s~ll inclu~ a ~a~ard mort~ge cla~ in favor of ~d in a form ac~p~bl~ to ~nder. ~nd~ shall ha~c th~ ~gh~ ~ hold ~ ~li~i~ and r~wal~ th~r~f, ~ub~ ~ the ~ms o~ any mortga~, d~ or tr~ or oth~t~ a~ment wltb allen w~ ~a~iodt~ o~r thls Mo~ge, In t~ event o[ 1~, ~rmwer sb~i givepmmpt notice m ~hc i~utance 0anler and MaWr. Mnder mag m~e oflo~ if not made pr~ptly by ~or~wer. l~he P~ is a~oned b~ Borrows, or if Borrower tails ~ ~ng ~ ~ndct wi~hln ~ ~ys t~m ~e nogcc is ma~ b7 ~n~r ~ ~ ~at ~e instate ca~i~ o[~e~ ~ ~ttle a cl~m tot i~t~ ~n~its. ~der a~thog~d co ~llKt and a~l~ the i~ ~0~ st ~der's option ei~ to ~ration or r~ir o[ ~e P~p~ or m ~c au~ s~u~ b~ this Mongag~ 6. ~eservation and Maiut~ce of Pro~tly; L~asebol~l Condomlnlu~; Planned Unit D~Y~lopmeat~. Bot~wer shall ~p the P~tt~ in ~o~ r~ait and ahall not~mmlt w~t~ or p~mlt im~rm~p~ ~r dct~o~gon Pro~y and shall comply wilh ~c P~io~ o[ ~y le~ if this Mo~ga~e is on a l~ehold. Ii fas M~t~ m on a umt in a con.talCum or a planned unit devd~L Bot~w~ shall ~otm g[ o~ Borrower's oblig~go~ undgr d~l~afl~ or ~v~sn~ e~g~ ior ~n~ th~ condominium ~ pla~ unit development. :he ~aws and ~latio~ o~ the ~n~minlum or ~ann~ u~t dev~o~ent, and ~n~tu~ 7. Prot~ion of Le~d~'s ~urity, ~ Borg.er f~ils ~o ~m the ~v~.~ a~ments conl~n~ in this Mop. Ge, or tf any at,on or ~i~g is ~mme~ whie~ ma~all~ ~tec~ ~d~r'~ intent in ~e Pro~rcy, ~6r, at ~n~'s opllo~, u~n ~otlce to Borrower, m~7 m,ke ~b a~ta~, diGb~ such sums, inoludi~g ~o~bl~ attom~y~' t~, ~d ~ke s~h action ~ is ~ry ~ p~t~t ~r's intreat. . An~ amouu~,di6b~ ~ M~ pu~nt to ~ia pa~aph 7, with i~tet~t thegn, at th. oonttacc ~ate, ~om~ ~ditlo~l md~ o~ ~o~w~ ~ur~ by this Mo~gagc. UnI~ Bo~ow~r.~d ~dcr a~ to o~ Of ~ym~t, s~Cb amoun~shall ~ ~gb[c upon ~oti~ ~m ~n~r ~ ~w~r ~qu~gng ~m~nt there,, No~in~ co~in~inthisparagrapbT~allr~uire~d~toin~ura~'ex~or~keanyacgonbe?~nder.. . . ~ ' p~d~ l~at ~d*r ~hall gi~e Bo~w~ ~tice ~ot to any su~ ins~tlon ~if~ng r~nable ~ th~or ~ ~ud~'a inter~ in t~e 9. Condemnation. The p~s of a~lward or claim for ~mag~, flir~ or co~uen~al, in conn~tion wl ~ngemnalion or other ~Ung of ~e Pt~, or ~n thio[, or for conveyance in lieu o[ condemnagon, ate hereby ~i~ed ~d ~hall ~ ~id ~ ~ndet. Gub~ ~ ~e ~ms o[ any mo~gage, ~ o[ t~ or olb~ ~urit~ agr~ ~t 1i~ which h~ pNog:~ over this Mortgage. 10. B~owet Not Rel~sed: Fot~ara~ By ~dGr Not a Waiver, ~xten~on o~ :h~ time for paTm~t Ot m~iflca~on of amonlzatio~ o[ ~e sums ~r~ by ~his Mor~ gr~ by ~nder to any s~ ~ lnte~ of Bo~w~ sh~l not o~rate to rel~e. in ~y m~ncr, ~ llabtlhy of ~ original Borro~ ~d B~row~r'~ in~t. Leng~ s~l[ not ~ r~ui~ to commen~ p~ings agent s~h s~r or r~se ~ e~nd t~me ~a~t or othe~l~ m~ amor(i~d~ oF the ~ms ~ur~ by this Mortgage by rein of any dem~d ma~ by ' original ~r~wer and Bo~ow~'~ s~o~ in ia~r~t. A~ for~nce by ~d~ in ~e~islng ~y gght or h~eun~r, or otl~isc afford~ by a~ll~ble law, ~hall not be a waiver of or praise Ihe exe~ of any such rem~y. t 1. Successors and Assigns Bound; Io~t and Several Liability; Co-signers.'The ~ve~nts and · herein con.ned ~11 bi~. a~d ~ ~gh~ hereun~ s~I inu~ to, ~e ~ive ~ ~d a~g~ of ~n~ and Bor~w~, ~bj~t ~ ~ ptovi~ons Of p~ag~ 16 he~t. All ~n~ and a~en~ of ~rrower shall ~ ~int and ~ve~l. Any ~tmwer who co~ig~ ~ M~!~, but do~ not ex. ute the No~, (a} is co~gni~ this Mortga~ oM7 ao~g~, ~t and ~nvey that Bo~wer's int~t in ibc Property ~ ~n~r u~r the ~s of ~s Mo~a~ (b) is not ~nnlly liable on t~ No~ or u~d~r this MoH~, a~d (c) l~ ~at ~r and aoy o~ ~w~ l~und~ may ~ ~ e~d, molly, format, or make any ogler ac~m~tions with ~g lo th~ ter~ of tMa M~t~ No~ without that Bo~wor'~ coast and wiihoot r~[~ing t~at Borrow~ or m~if~ng tMs Mortgage ss to ~t Bor~wer'a latakia ~e P~ay. 09-20-9~ MT6 PADn~263 ~O'd tL~IOSL~I~18 01 ~LL LIB OC~ aqOH~$noH a~ Nd 6a:a iaaa Pa Nn£ 12, Notice. h"x~pt for ~ny notice required under applicable law to be glwn in snorer manne~, (a) any nqti~ ~w~ provid~ for in thia Mort~ge shill ~ ~wn by ddivedng i~ ~ by mailing such noti~ ~ ceaifi~ m~l a~r~ ~ ~ffower at the Pro~y &ddr~ ~ at such o~er addr~ as Bor~w~ may d~lgna~ by no~ ~ ~nder ~vided h~n, and (b) any n~{~ ~ LeM~ ~hall ~ ~v~ by ~er~fi~ m~l ~ ~nd~'~ ad~ ~t~ hewn or ~ ~ueh oth~ a~ as L~d~ may d~l~ale by n~{cc ~ Bor~w~ ns ~d~ h~eln. Any not{ce ~vi~d ~or ~ll ~d~m~ ~ have~ngv~ mo Borrow~ ~ ~d~ wh~ven {n ~e sinner d~i~n~ he.in. Ii. Oov~ning Law; Sev~biliiy. The state mad lo~l laws a~]icaMe to thi~ Mo.ga~m shn{l ~ the law6 of iuri~i~ion in which ~u ~o~y ts {~. The form~oln8 ~nl~ shall not l[mit the appli~bili~y ol ~er~l law ~o this Mo~ga~e. In th~ even~ ~t ~y ~v{~ or ga~ of this Mo~ga~e or ~ Note ~nHi~ wi~ appl{~ble taw, such con~i0t ~I not ~t~ o~er p~visions of thlm Mort~ge or the No~ whic~ can ~ ~ ~f~t without th~ co~{{~{n8 ~ to th{m end the provi~ o~ ~ Mo~ga~ a~ ihe Ho~e m~ d~la~d lo ~ ~wrabl~. ~ u~ h~i~ '~s~"and "a~ys' f~" include all ~ms ~ ~ ~t nol ~hibi~ by appllcable law or limi~d 14, B~rrowor's ~py. ~rrOwer shall ~ furnlsh~ a ~o~ormud ~py of thu Not~ and ~ ~{s Mott~ie al the ~ e~ution or aft~ ~rdagon her~f. 1}. Rehabilitalion Loan A{ree~en~ ~rrow~ shall fulfill all of ~w~s ob{{gagons un~ any ~b{li~tion, im~vcm~t, re~r, or other l~n ~ment which Bo~w~ ~rs in~ wi~ ~r. L~der, at ~n~r's opt{~, may r~ ~r~w~ ~ ~ute sad deliver lo L~d~r, in a form a~ble to ~n~r, an ~ment ~ ggh~, ~aim9 or ~f~ w~eh Bo~wer may h~ve m~ai~t pa~l~ who supply lair, matmri~s or ~ecv{~ ~n~on ~th {~p~v~mn~ mn~ ~ ~e ! 6. Tzn~er of the Property. I~ Borrower ~lis or t~f~ ali or ~y ~ of the P~y or an in~ ~he~dn, ~ol~ing (a) thecr~atlon o~a i{~ or en~umbr~ ~r~nu~ to this Morl~, {b) a transit by devil, d~nt, Or o~ra~on of law upon th~ d~h of a ~{nt tmnant, (c) ~e grant of ~ny l~hold {nto~ of thr~ ~a~ or l ~ no~ ~ntain{ng ~ option ~ pu~h~, (d) ~s cra!ion of a pu~h~ money se~ur{~)' in~r~t {or ~o~ho]d a~lim~. {~) a ~a~r to r~lt[ve ~ul~{ng from the d~lh ~ a ~r~wer. {f) a trand~r ~h~ ~e ~o~ or cMld~n o~ th~ ~ow~ ~me an owner of ~ p~ly, (g) a trans~r r~uigng f~ a d~re~ o{ division of ma~iage, legal s~gon'ag~ment, or f~m an indd~l p~ty ~tti~t a~men~ by whioh the s~ of zhe Bo~ow~r ~om~ ~ own~ of the p~y, (h) n tr~fcr ih~ an in~ vivos zr~t {n whioh Ibm ~rro~ is nad remains a ~neficla~ and ~hlch g~ not r~ate to n trnn~er of righu~of ~l}~c~ {n the pretty, or ({) any o~ ~a~[er Or ~is~i~ion ~crib~ i~ rug~a~o~ to ~v~t~ the transfer~ as if a new lomo w~e ~{ng ~a~ ~ the ~a~. ~rrow~ will con~n~ ~ be obl{~ the Note ~d this Mortgaie un{~ ~der ~e~s Borrow~ in wHting. I~ ~nd~ do~ not ag~ ~ ~u~h ~la ur tr~er, L~der may d~s~ ali of lhe sums ~u~ by t~ Mortg~e lo {mm~intdy due and payable. 1~ ~nd~r exerci~ such op~on ~o a~lerate, ~dmr shall ma{i ~ow~ n~ ac~l~agon in n~rdance with p~agraph 12 her~. S~ notice shall provid~ a ~r{~ of 0or {~ ~an ~ ~ f~m.th~ da~ the nogce is mai{~ or ~live~ wlth{n which ~orfow~r ma>' ~y the sums d~lared due. If ~.o~r ~a{ls to ~ sums ~Hor to ~e ~plraiion of su0h ~rlod, ~n~ max, wilhoul ~rth~r noHc~ ur dumand on ~rrow~, {nvokm a~y rem~ ~m i~l~ by ~rag~ph ll he.of. NON-~IPORM COV~A~, ~rrow6r ~d ~nder further cove~nl and a~ as ~ollow~ 17. Ac~ele~tion; Remediesl Ex.pt ~ provMed in p~rn[raph 16 ~ereof, upon ~ower's breach of ~ov~t or agreement of BorrOwer tn {his k{ortgage, inc{ud~g the covenanlm lo pny when due any {ecured by th{~ MoP. ge. Lend~ prior ~o s~l~tion shall give noli~ to Borrower ms provided in paragraph 12 hereof s~cifyin{: ([} the bre~h; (2) thu n~lion required to cu~ such brea~h; ({ } a date, ~oi {~s lhnn from thu dat~ the noti~ is mnilbd 1o Bo~ower, by which sv~ b~ach must ~ cured; and (4) thmt f0iJufe cure such brach on or ~f0re the date specified in the notice may ~ult in ac~{eralion of ihs sums {~ured by this Morii{a e, f0rccJos~rc byl'udlciaI preceding, ~d sale of the Property. ~c notice shall furth=r inform Borrower of th~ right to r~l~tate after acceleration ~d the riehl to as~ in thc ~or~{osVrc pr~mdin{ the no~mli~ie~ of ~ ~fauit or any O~er de{~ of Borrower to no0ele~tion and f~oclosuru, Ii th~ b~nch is c~cd on or before the date sp~ified ia the notlcc, Lcnder, at L~de~s option, may declar= all of thc sums scoured by this Mortga{e to ~ immediately due and payab~ without fu~her demand and may foreclose this Mo~ga~ by judicial p~eedi~{. [~nder shall be entitled to coli~t in such preceding all ~xpenses of {orec[os~e, including, but not limited to. r~s~sble attorneys' f~m and com~s o~ ~oc~m~inry evident, sbstracts and title re~orts. 09-20-99 MTG PA001264 ~O'd l~J. 21OGJ..~I2I$ Ol I~I~LL LI9 0C9 (I~OH3SFIOH a-4 Nd OC:a I002 1~O HAl' ~ ~ow~r's brach. Bor~wcr ~hall have ~e right to ha~c ~ pr~din~, begun by ~n~ Mortg~ di~ntinu~ at a~ time prior ~ ~ o~ a judgment ~otclng ~h~$ Mon~gc ~f: (a) ~rrow~ ~nder ~1 sums which wo~d ~ th~ du~ un~r ~s ~o~gage and the No~ ~ no acceleration occurr~; (b) BO~w~ cur~ ali ~ch~ of any other CoV~nL~ or a~mon~ of ~w~ contain~ in this Mo~ga~: (c) ~t~w~ ~y~ all r~nable ~ incu~d by L~t ~n.~fo~ing the cov~ ~d a~r~men~ con~n~ ~n ~s ~o~gage, and ~a e~o~ing L~r's ~m~a~ ~ prov~de~ in ~raph 17 hcr~f, ~clu~ng, but ~UrC ~at the llen o~ ~[s Mortga~. ~ndoffs intcr~ ~n thc Pro~y and Borro~'s obligati~ to pa~ ~o sums ~ obJigat~o~ ~o~ b~oby shall remain la ~ull for0e and ~[~t ~ ~[ no a~]erg~ion had Occurr~. 19. Assitnmoat o[ R~I~ Rppointment ~ R~v~. As a~d~tlona[ ~urlty hete~der, ~ffow~ ~i~ ~ ~r ~e ren~ o[ ~e ~P~o~?, ~v[~d t~t ~w~ shall, priw to sccele~og under her~[, in a~donment of ~ P~ttT, h~ve th~ gght to ~ll~t and ~taln such ~ as the7 ~m~ due and ~ble. ~U~n a~el~ation under ~graph .7 her~ or abandonm~t o[ the P~rty, ~d~ s~ll ~ ~tit[~ tO a ~v~ a~mn~d b7 a. court,~;Icn~r u~n, ~c ~lon of and manago ~ Pm~y ~d to col[~ ~ ren~ of the P~t~ Including ~ P~t d~. ~[ ~ ~11~ b7 ~e ~v~ shall ~ a~li~ fi~t ~ ~yment of the c~ of ~anag~t o[ the P~rt7 and ~ll~tlon of ~n~ inclu~ng, but not limited ~. r~ve~s [~, p~mlums on recelv~'s ~n~ an~ r~ble a~rneys'.f~, and lhen ~ ~e,~ums ~ur~ b~ this Mott~gc. The ~v~ shall be liable ~ ~unt 0nly for ~o~ ~n~ actually ~. 20. Release. U~n ~m~nt ~ all sums s~ur~ b~ ~is Moa~ge. L~der ~all ~l~e this Mort&asa withoul c~ to B0ffower. Bot~w~ sb~! ~ all c~ of t~or~tion, ii 21. Waiwt o[ ttom%tea~. ~orrower bereb7 waiv~ all right ~ hom~d ~emption in the ~o~rt~ ~ ot F~I law. ~ In.rest Rate ~tor ~udSment. Borrower ag~ t~c intent raic pa~abl~ alter a ~udgme*t the Note ot in an action b[ mo~ga~ ~o~losu~ sMll ~ thc ~ ~a~ in thc Not~. 05-20-99 M'TG PAO0125S FILE COPY II I I II II IIIII I I 90'd P/_alOG~.~laIG O.L ~,t~/..L LI9 009 (I"IOH3SrlOH ;~-4 Nd IO:L I00Z t~O Nar REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR , MORTGAGES OR DEEDS OF TRUST Bom~wor end ~:nd~r request thc holder of any mortgage, d~cd o~ trust or other encum~n~ wi~ a llen ~hich ~ ~[or~ty ov~ thi~ M~gag~ ~ ~iv~ Noti~ ~o Le~d~r, at L~det~ add~ ~ gor~h oa p~ on~ of th~ ~o~. o~ ~oy ~f~o~t und~ ~he su~ior ~no~mb~n~ a~d o[ any ~lo of oth~ Io~olos~r~ action. -% JOHN M KEEF (DECEASED) -Borrower I hereby ce~ify that the f~-~cise address of the Londor {Mortgage=) i~ HOUSEHOLD FINANCE 25'GATEWAY'DR)IVE; NECHANICSBURG. PA 17055 On ~half of the ~nder. By: ' BERNIE HEFFELF~NGER Tide: RRANGH MANAGER COMM ON W~ALTH OF PENNS YLVAN~, CUM B E R L A N D Codn~y ~ ii, AN N E A STA F FO RD , a Notary Public in end tot said county and sta~, do hereby certify that JOH~ M-KEEF fDECEAS~ & LTND~..JEAN_K~EF ~r~nlJy known m m~ to ~ the ~mo ~(s) who~ fla~e(s) ~ su~i~d to tha fo~i~ imcrum~t, ap~r~ ~fore mo this day in ~t~n, and ncknowl~ge ti~t · ~h~ s;g~ and dellvemd tho ~id t~trumeat _. ~he~ ff~ volun~ry ~ct, for tho u~ and p~t~s therein sot fo~h. Oiven'und~ my hand and of/lcla[ ~sl, this ~Sth day of November , 09-20-99 taT(} FILE COPY PA00126~ llllllllllllffllllllllilliJllalllllll lllllllllWllillllll l LO'd I;L2IOGLgIEIG O.L t;,t;,LL LiD OCS (I-IOHBSnOH ~d Nd lC:/_ I00E ~0 NO£ EXHIBIT "B" DEED IN LIEU OF FO CLOSU THIS DEED, made this ~(D day of ~~002, Between LINDA JEAN KEEF, widow of Phenix City Alabama, (hereinafter called the "Grantor"), of the one part, and HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, hereinafter called the "Grantee"), of the other part. WITNESSETH, That in consideration of One ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, its successors and assigns, ALL THAT CERTAIN lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the northern side of Cavalry Street, which point is also a comer of Lot No. 95 on the hereinafter mentioned Plan of Lots; thence in a northwardly direction along Lot No. 95, a distance of 153A0 feet to a point in line of land now or formerly of the Commonwealth of Pennsylvania; thence in an eastwardly direction along land now or formerly of the Commonwealth of Permsylvania, a distance of 75 feet to a point in line of Lot No. 97; thence in a southwardly direction along Lot No. 97, a distance of 150.46 feet to a point in the norther side of said Cavalry Street, a distance of 75 fee to a point, the Place of Beginning. BEING Lot No. 96 on that certain "Plan of Additional Lots of Greenvale", said Plan of Lots being entered of record in the office of the Recorder of Deeds in Cumberland County, in Plan Book 6, Page 40. HAVING thereon erected a one store brick cased ranch type dwelling house with a carport known and numbered as 944 Cavalry Street, Carlisle, Pennsylvania.. PARCgl. l~lO. 29-19-1639-017 BEING the same premises which Richard Dean Stiteler and Joann Made Stiteler,by Deed dated April 15, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book D, Volume 30, page 316, granted and conveyed unto John M. Keef and Linda Jean Keel, Grantor herein. The said John M. Keef died November 9, 1999 whereby title became vested by law in Linda Jean Keef, Grantor herein. TOGETHER, with all and singular thc buildings, improvements, ways, streets, alleys, driveways, passages, water, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any ways appertaining, the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title interest, property, claim and demand whatsoever of her, the said Grantor as well at law as in equity, of, in, and to the same. TO HAVE AND TO HOLD the said lot or piece of ground described hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successors and assigns, to and for the only proper use and behoof of the said Grantee, its successors and assigns forever. AND the said Grantor does hereby covenant to and with the said Grantee that the said Grantor SHALL and WILL Warrant and forever defend the herein above described premises, with the hereditaments and appurtenances, unto the said Grantee, their successor and assigns, against the said Grantor and against eve~ other person lawfully claiming or who shall hereafter claim the same or a part thereof, by, from or under them or any of them. Nothing herein shall be construed to extinguish the existing mortgage or mortgages between grantor and grantee. IN WITNESS HEREOF, the said Grantor has caused these presents to be duly executed, the day and year first above written. SEALED AND DELIVERED In the Presence of: ~a~'~°a ~q~s.Laaua~/~, 2004. STATE OF ALABAMA County of Russell On this 30 day of ~ ~ , 2002, before me, the undersigned office, personally appeared LINDA JEAN KEEF, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. NOTARY PUBLIC EXHIBIT "C" ]~qH:ZB'rT ALI. 'FHAT CERTA'FN LOT OF GItOU~D B~THNINff AT A POZ~ ~ THE ~TH~ Sink OF CAV~y ~CE TN A N~LY DI~ZM AT~G ~ Mo. 95, A J~ 31, 19~. u=~ I_ I II ~o~ 3;~8 ~ 684 ~ECORDER OF DEEOG · -'091 CE t, uKlU r~f ......................................................... ~ ' ~mmu~mffmltl~ ~f JlvRn';~ti~antar ~' sa ~nttmg Df ........................................................ ~ ' Il'tlR EXHIBIT "D" MORTOAGE INI DRMATION SERVICES, INC. 1900 FRD~T RDAD SUITE 110 BRISTOL, PA 19007 PHONE: (800) 827-8177 FAX: (800) 726-7166 A~qDED: 6/19/01 [ DaW of Search: 6/12/01 Effective Date: 6-1-01 Cost: Loan ~fumber: 1-2711PA MCCABE, WEZSBURG, & CON~Y SUI~ 2080- FIRST ~IO~ ~G. 123 SOU~ ~ S~ pH~H~, PA 19109 ~n~on: ~ ~S Telep~: 215-790-1010 Re: ~F, LI~DA JEAN & JOH~ M. 944 CAVALRy STreET CARLISLE, PA 17013 County: ~RLAND G~NTEE: JO~ M. I~EF AND LINDA JEAN ~EF, HIS WIFE G~M~TO~: I~O~T ~ STIT~T.~ AND JOA]~ ~ STI~LE~, HIS WIFE IIqSTRU%~NT TYPE: DEED CO~SII~P~TIOI~: $ 47,000.00 DATED: 4-15-83 P~CO~D: 4-18-83 BOOK: D30 PA~: 316 A ~ COPY OF D~ IS ATTACHe) AND ~%DE A PART OF THIS PROPERTY ID ~O.: 29-19-1639-017 LAND: $ 20,000.00 TYPE: YEAR: REAL ESTATE TAX 2000 ASSESS~;T /TA~S I~OVE~S: $ 65,990.00 TO~L: $ 85,990.00 .AMOU'~: ST$gTUS: $ N/A PAID ~DRTGAG~S/DE~)S OF TRUST MO~GAG~/Dm OF TRUST ~ORTGAG~t: JOHI~ M. ~F ~ LZ~ ~ ~F ~: ~, ~., ~9~9 ~ST ~ ~, ~G, ~ ~US'r~: ~/A ~: $ 16,017.60 ~D: 3-8-89 ~D: 3-27-89 ~: 933 P~: ~SI~: ~ON ~ ~, 13151 ~Y S~ET, ~x.~, ~, 752&0 ~: 9/6/89 ~: 3~8 P~: 684 ~SI~: ~ H~I~, I~. , 8131 ~J HI--Y, ~I~ ~00, ~x.~, ~ 752~1 ~: 8-29-9~ B~: ~80 P~: 1083 ~/D~ OF ~ST ~: J~ M. ~F ~ L~ ~ ~F ~: HOU~HO~ ~ ~~, 25 ~ D~, SU~ 107, ~C~IC~, PA 1705S ~US'&~: ~/A ~: $ 10,000.00 ~: 3-15-96 ~D: 4-~-96 B~: 1311 P~: 1065 ~/D~D OF ~ST ~: JO~ M. ~F ~ ~ ~ ~F ~ ..... : HOUSEH~ FI~ C~S~ DISCO~ C~, 2S ~Y D~ SQ~/SUI~ 107, ~CSB~G, PA 17055 ~US'r~: ~/A ~: $ 97,000.68 ~: ~-21-98 ~D: 4-25-98 ~: 1~48 P~: 239 P iLAINTIF ,f(S)~ , housenoia F~.nance C:.D.C. 2§5 SOUTH 13TH S'~REET PHILADELPHIA, PA 19107 PHONE: (215) 546-7400 FAX: 215-985-0169 AFFIDAVIT OF SERVICE CASE NO. 02-896 Philadelphia Association of Professional Process Servers DATE RECEIVED March 11 ~ 2002 DEFEnDANT(S) DC. RS Holding, Inc. SERVE AT 8131 LBJ Freeway, Ste ~400 Da I ].as TX 7525i COMPANY CONTROL NO. REFERENCE NO. CS162713A 1-2711pa Served and made known to DCRS Holding, Inc. Court ct Common Pleas of Cumberland County Type of Service Civil Action blortgage Foreclosure SERVE BY: March 29, 2002 Accepted onthe I I~ J~k dayof ~1~ ~[- ~'-{~h ,20 (_)0~, , at I1' o o,c,oc~, commonwealth of Pennsylvania, in'the manner descr~d b%low: i -" - . I ~ Oefendant(s)personallyse~ed. ~ ~[~ qO0 { ~ V~~. ~ Adult family member with whom said Defendant(s) reside(s). Relationship is '~ ~&~ ~ ~ ~¢ I ~ ~ Adult in charge of Defendant's residence who refused to give name or relationship. ~ O ~ ~ ~JO ~+ O ~ ~ ~ i ~ ~ Manager/Clerk of placing of lodging in which Defendant(s)reside(s). ~ ~ ~' ~ ~ ~ ~ Agent or pemon in charge of Defendant's office or usual place of business. I ~ Other ~ D~CRZPTZON AGE HEZGHT UEIGHT R~CE SEX Defendar, t not found: ...... Moved Unknown No Aris ~ Vacant Other DEPUTIZED SERVICE Now, this ........... clay of , 19 ...... I do hereby deputi, ze the Sheriff of County to serve this Summons ...... Complaint Other and rnake reLL/rn therof and according to La~. By'~'(Competent Adult) Count'/ Sheriff's Check $ ***- Special Instructions ASAP NAME OF SERVER Sworn to & subscrib~ before me this Pro~8 ~rv~r ,eingdulyswomac.rdingtolaw, I / ayo, 20 ~;~%~e~f~ ~:~:aett ~h~bi~v~r~:~r%::~rc~r~r:2~t~:~;el~n~ I Sheriff CompetentAdul, , ~ · LawfirmMCCabe, Weisber8 & Conway~ PC Attorney's Name Frank Dub~ n ,Esqu[re For Plaintiff PRO PROTHY Address 123 South Broad Street SLlit. e 2080 Ph[lade.lphia PA 19109 Februar/ 21, 2002 Telephone # 790- 1010 Identification # DATE ~ 2000 Philadelphia Assoc. of Professional Process Sewers Rev I McCABE, WEISBERG AND CON'WAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 Cumberland County Court of Common Pleas DCRS Holding, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Number 02 - 896 PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE UPON DEFENDANT~ DCRS HOLDING, INC. 1. Plaintiff filed a Complaint to Quiet Title against DCRS Holding, Inc. on February 21, 2002 in the Cumberland County Court of Common Pleas, No. 02-896. See Exhibit "A". 2. DCRS Holding, Inc. is a mortgagee of record of a certain mortgage given by John M. Keefand Linda Jean Keel as mortgagors, to Amre Inc., an authorized Sears Contractor, as mortgagee (the "Amre Mortgage"), which Amre Mortgage is dated March 8, 1989 and was recorded in Book 933, Page 433, et seq., on March 27, 1989. The Amre Mortgage, was assigned to DCRS Holding, Inc., as mortgage, pursuant to mesne assignments. The assignment to DCRS Holding, Inc. was dated December 20, 1991, and recorded in Book 480, Page 1083 et seq., on August 29, 1994. The last known address of DCRS Holding, Inc. is set forth in the copy of the assignment to DCRS Holding, Inc. The Amre Mortgage and subsequent assignments ending in DCRS Holding, Inc. are set forth in Exhibit "C" to the Complaint set forth herein as Exhibit "A". The address of DCRS Holding, Inc. on the assignment to it is shown as 8131 LBJ Freeway, Suite 400, Dallas, TX 75251. 2. In an attempt to contact Defendant, DCRS Holding, Inc., Plaintiffobtained the services of Players National Locator ("Players"). A copy of Players' Affidavit of Good Faith Investigation is attached hereto as Exhibit "B'. The Affidavit of Good Faith Investigation stated, inter alia, the following: "We were unable to locate a company with the name DCRS Holding, Inc. at the address provided. We were unable to locate a current address or any information for DCRS Holding, Inc." 3. Plaintiff attempted service on DCRS Holding, Inc., by service through B&R, at their last known address, 8131 LBJ Freeway, Suite 400, Dallas, TX 75251 and was advised by the process server in his Affidavit of Service that "Suite 400 is Vacant. Per Building Manager, DCRS Holding moved out of this building last year. They gave no forwarding address". See Exhibit "C". 4. Plaintiff believes that service upon DCRS Holding, Inc. as set forth in Paragraph 3, above, may not be sufficient. 5. The Affidavit of Good Faith Investigation, together with the Affidavit of Service which states that "Suite 400 is Vacant. Per Building Manager, DCRS Holding moved out of this building last year. They gave no forwarding address" and the Affidavit of Service prove that Defendant is no longer conducting business at 8131 LBJ Freeway, Suite 400, Dallas, TX 75251. 6. The inability of Plaintiff to locate Defendant and the aforesaid investigations which strongly indicate that Defendant is no longer in existence, frustrates Plaintiff's litigation. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order hereto approving Alternative Service. Respectfully Submitted, McCABE, WEISBERG & CONWAY, P.C. Attorney for Plaintiff EXHIBIT "A" - to Alternate Service McCABE, WEISBERG AND CON-WAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (21S) 790-10/0 Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 ~ DCRS Holding, Inc. 8131 LB] Freeway, Suite 400 Dallas, TX 75251 Attorney for Plaintiff Cumberlan oun 'i ,? ~ Court of Common Ple~? ~ '.~ Number CIVIL ACTION/ACTION TO OUIET TITI,E 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 twe~lty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney end ~ing in writing with the court your defenses or objecllous in the ela!m~ set forth against you. Yon are warned that if you fail to do so the case may proceed withont you and a judgment may be entered against you by the cou~t without further notice for any money claimed in the complaint or for any other ~la~ra or relief requested by the plaintiff. You may lose money or property or other fights important to yon. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene valnte (20) dias de plazo al partir de la fecha de la demenda y la nofificacion. Hace falta esentar una comparencia escrita o en persona o con un abogado y en~egar a la co~e en forma eserita sus defeusas o sus ol~eciones a las demandes en contra de su persona. Sea avisado que si usted no se defiende, la corte tomma medidas y puede continua~ la demanda en contra suya sin previo aviso o notification. Ade~as, la corte puede decidir a favor del demendante y requiere que usted enmpla con todes las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otro~ derechos importantes para used. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar AesodaHon 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LLEVE EffrA DEMANDA A UN ABOGADO NMEDIATAMENTE. SI NO 'IIENE ABOGADO O SI NO'I I~NE EL DINERO SUFICIflNTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR AsISrENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CON3qAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2~S) 790-~0~0 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhu~st, IL 60126-1058 DCRS Holding, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number CIVI~ ACTION/OUIET TITI,~ 1. Plaintiff is Household Finance Consumer Discount Company and doing business at the above captioned address. 2. Tbe Defendant, DCRS Holding, Inc., is, upon information and belief, a Holding Company with a last known address of 8131 LBS Freeway, Suite 400 Dallas, TX 75251. 3. Plaintiff has an interest in the subject property described at 944 Cavalry Street, Carlisle, PA 17013 by reason of, and as further described in: (i) the attached mortgage, dated November 18, 1999, given by John M. K¢¢fand Linda Jean Keef, as mortgagors, to Household Finance Consumer Discount Company, as mortgagee, in the original principal amount orS115,198.19, and recorded on November 19, 1999 in the Office of the Recorder of Deeds of Cumberland County in Book 1583, Page 181, ct seq.(the "Household Mortgage"); and (ii) a Deed In Lieu of Foreclusure, dated Sanuary 30, 2002, given by Linda K~cf (reciting that she is a widow), as grantor, and Household Consumer Discount Company, as grantee, and not yet filed for record. Exhibits "A" and "B", respectively. 4. On November 18, 1999 at the time that Plaintiff entered into the Household Mortgage with John M. Keefand Linda Jean Keef, Plainfiffwas advised that there were no prior mortgages on the property. 5. Upon information and belief, a certain mortgage given by John M. Keefand Linda Jean Keef, as mortgagors, to AM1LE, Inc., as mortgagee, dated March 8, 1989 and recorded March 27, 1989 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 933, Page 433, et seq. and assigned to Union Mortgage Company by assignment recorded September 6, 1989 and recorded in the Office of the recorder of Deeds of Cumberland County in Book 368, Page 684 and further assigned to DCRS Holding, Inc. by assignment recorded August 29, 1994 in the Office of the recorder of Deeds of Cumberland County in Book 480, Page 1083 (the "AMRE Mortgage") was paid offbut not satisfied of record at the time of the granting of the Household Mortgage to Plaintiff. See Exhibit "C", the AMRE Mortgage, together with the said assignments, and Exhibit "D", a property report, which shows the AMRE Mortgage still of record. 6. DCRS Holding, Inc. has failed to satisfy the AMRE Mortgage of record. 7. Plaintiffhas been unable to locate DCRS Holding, Inc. in order to request or secure a release of the AMRE Mortgage. DCRS Holding, Inc.'s failure to satisfy the AMRE Mortgage creates a cloud upon the title on the property. 9. As it appears by an official search attached as Exhibit "D", there has been no further assignment of the AMRE Mortgage. WHEREFORE, Plaintiffrequests the Court to Order that the AMRE Mortgage be marked satisfied, released and extinguished of record. Attorney for Plaintiff EXHIBIT "A" Tho following paragraph preceded by n she. eked bOX is applicable. ~ WH]~]gAS, Borrower ~ inctebted to Leader in the principal sum of $ 116,109, 10 er;deeDed by Borrower's Loan Repayment and Sucu~ty Agrcemeot or Secondary ' ' Mortgage Loire A~'as~neo, t . NOVEMBER I 8, 1gag a~l any e~teaslo~ or ret, swat6 thereof (hcm;n "Note"), provMi~g for monttdy installments of principal end interest, iriclucling any adju~menta to the amount o~ p~ym e~te or the contract rate if rate Ja v~rJablc, with the bal~n?e c~ the fndebteclne~s, ~' not sooner ~id, due and payable m~ NOVEMBER 18 ~ 2029 ["~. Wl'~. Borrower is indebted to Lender in t~e prlncil~ sum of $ zhereof as may be adYanC~! purmmnt to Borrower's R~volvtng Loan Agreemefit dated _. or so much and ex'ten, om and rezlewal$ tl~ere~l~ (her~in 'Note"}. pro~ldlng for monUar inmallmenm, and interem at the rate sad under the terms specified in thc Note. iuelua;ng-~m¥ ad~'Zme~ta in the ;nteeeat fat~ if that rate is .~ariable. add providing for a credit limit $tst~t'ln the'pcln~pal sum above and an initial advane~ of $ TO $1~TdRIR to L~nder the repayment of (l) the tndebtedoe.~ evidenced by the ~ote. with interest thereon. in01uding any i~rease~ if the contract rate is variable; (2} fbture advances u~der any Rcvolx~ing LOan Agreement; {ho lmYment of all uther auras, w~th interest thereon, advanced in aocordaoce herewith to prote~t the $ecurit7 of this lglortgage; and (4} the performan=e of the covenan~ and agreements of Borrower herein oontainecl. Borrower doe~ hefeb)~ mort~e, grant ahd co;ivey to Le~de~ add Len~cr'l; succeasorg and a~igr~ the follow~ng de~rJbed prol:~rty IDeated in the COunty of CUUaERLAND .. Commonwealth Of Pen~ylvenia: ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF ~ORTH MIDDLETON IN TNE COUNTY OF CUMBERLAND AND COlv~ONWEALTN OF PENNSYLVANIA, 8EINOMORE FULLY OESCRISED IN A FEE SIMPLE OEEO DATED 0411BIlg83 AND RECORDED o4/1s/lgsa, A~0ND THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN V~LUME.'30 PAOE 310. TAX ~ARCEL 10:2G-1~-103~-011 £XHIBIT "A' PA001261 ~O'd 17L~lOSLgI~l~ OJ. t:'t~&L LI9 0C9 Q"IOH3SROH ~1:1 Nd 6~:L [00~ ~'0 prov~ments now or hereaf~ erected on ~a pro~y, ~d all ~m~. ap~u~ ~d ren~, all o~ ~ ~ ~ .d~ .~ ~ and ~main a ~n o~ ~e ~t~ ~Onga~ and alt off the tor~m~, ~8~h~ wtth ~ld ~ (or tho I=hold ~te Jif t~s 'Mo~8e is on a l~hold) are h~in~tcr ~fcr~ ~ ~ ~c Bo~ow~ ~v~n~ ~t Bo~ow~ is law~ll~ ~ of ~ ~ ~reby ~nvey~ ~d h~ the ~ ~ant and ~nvey ~he Pro~y. ~d t~t t~ p~y ie ~um~, e~pt for cncumbran~ of ~t~ ~r~we~ that ~Wer wa~n~ a~ will deled ~ally the title ~ lhe ~y n~i~ all clMm~ and dema~, subj~ to ~m~n~ of ~rd. ~I~R~ COV~, ~t~w~ and ~ad~ ~v~t and a~ ~ . 1. ~ayment of ~inc~pnl end [ntc~$~ at Variable Rste~. ~ mo~fl~e ~f~ ~ p~vid~ in tl No:~ ~mw~ sill ~m~y ~y when d~ il amo~ ~ by t~ ~ole. ~ Funds f~ Tax~ and l~an~. Sub~ ~ a~lkable law or ~alver by ~cr, ~r~ ~dl ~y to ~d~ on ~ ~y mo0tMy ~ym~ of ~ncl~ and ln~ a~ ~able ~ ~e Nol~ ~1 ~ No~ la ~d (h~n '~u~') ~ to one~w~ of ~ y~ly t~ n~ ~ (Including ~Oml~um ~ ~an~ ofllt ~v~opm~t a~cn~ if ~) whi~ m~ at.in' p~O~ o~t this ~oft~ ~d ~fld ~fl~ on the any, ~ ~w~fth of y~tl7 p~mi~ i~lm~ ~or h~ard i~u~ee, ~ oae~b of y~ly fn~flm~ for mo~ i~n~, if a~. ~1 M ~bly ~flmat~ i~ally a~ f~m time m ~me ~ymm~ of Pun~ m ~ t~ ~ ~cnt t~ ~ m~ ~h ~y~efl~ ~ the hold~ of a ~or mo~je or ~ ~t~ [f~h ~ld~ ~ i~qtu~0nal · If ~w~ pays P~ to L~d~. ~o P~ ~l b ~ld in ~ i~dOn ~ ~ n~ ~,,~. spply ~e Pvn~ to ~y ~id ~. ~, i~ p~mlums and ~v~ r~. ~ rosy n~ ~lding ~d applying ~ ~n~. ~y~ng ~id ac~t or v~fylni and ~mp~inl ~id ~ a~ ~r~wer, ~nd uM~ ~ch agr~m~t ~ m~e or a~l~ble law r~t~ s~ in~ to ~ ~ald ~nd~ ~ w~ ma~. ~ Fuu~ are Pl~a~ftlo~J~rltyforthesums~u~db~thla~o~ ~ t~ amount et tho Fun~ held by ~, m~zh~ wlt~ xhc f~ure monthly J~llm~ of Fun~ payable t~ d~ da~ of ~a~..~en~. I~ p~i~ and ~d ten~ ~dl ~ the amo~t ~ujr~ to ~y smd z~. ~mea~ sn~e ~emsomz and ground r~ ~ t~ey fall due, ~h ~ ahMI ~, a* o~i~. ~er ptompEy ~d to ~owor or ~ to ~trow~ bn mon~ly i~lmenm of ~un~. If ~e amo~t ~ the ~ ~d ~ ~=r ~all not ~ ~ffi~ent to ~y ~. ~mcn~, ~ran~ p~iuma end ~o~d t~y fall d~. ~w~ a~ pay ~o ~nd~ any amount n~ry ~ m~e Up ~e ~i~cy in b~ Or mo~ ~m~ ~ ~ad~ may ~ b~d by ~d~. If ~ ~aph 17 h~r the Pt~y I~ sold or ~be P~y.b oth~i~ ~ by ~dar. ~ ~1 a~y, no la~ t~ imm~ia~y pd~ ~ ~e ~& ~ ~e p~y or i~ a~on by ~dw, h~d by ~n~r at ~e ~me of a~i~tl~ ~ a e~it a~a~n~ the sums ~ by ~ls M~ga~. 3. Applfatlon cf Paym~ts. ~t ~ I~ mede p~u~t to. ~e Pen~ylvan~ C~m~ Com~ A~, ~1 ~ym~ t~eiv~ by ~fld~ u~ ~ NoTe ~d ~tag~p~s I a~ 2 he~f ~all ~ a~li~ by ~d~ fi~t ?n,payment of amo~ ~yable to ~der bY Bo~wer u~r ~agraPh 2 he~E ~ to inM~, and 4. Prior Mm~o~ and ~d of Trot; C~rEes; Liens. ~rrow~ shall ~rorm all of Bolla obl;~tio~ ~ ~y mO~$~, d~ of t~ or oth~ ~orlt~ a~ment with a ~ wMoh h~ ~ofity ov~ ~$ incl~ng B~wcrM ~ to maka ~ym~ wh~ d~. ~w~ ~all pay or ~ ~ ~ ~M all ~., ~m~ ~d o~ ~ar&~, fio~ ~d im~g~ al~butSble ~ ~ p~ w~ may a~in a oriofitr IIIIIIllllllllllllllllllllllllllll I~llil'cl l'Li~lOlliL~;li~lG O.L PP~L/_ LI9 0C9 Q-IOH3SFIOH Vd Nd SZ:Z. 100a PO NRC ~ur~ ~i~ 1o~ by fir~, ~zard~ i~ ~i~in ~ t~rm ' ~nd~ ~ve~ge,' ~ad mmh o~ ha~ ~ ~ may ~ imur~ ~ pro~ding ~a i~Or~ sh~l ~ ch~n b~ th~ ~o~w~ gub~t ~ app~v~ by ~nde~ ~id~d, t~t ~& a~val ~aH not bc ~r~bly ~'i~ald. ~1 ~u~ ~li~ ~nd r~w~s ~f ~MI ~orm n~table ~ Le~ ~d ~11 in~ a ~d mort~ge cl~ in favor o~ ~d in a ~o~ ~bl~ to ~der. ~ ~aH ~w th* ~gh~ m hold ~ ~i~I~ ~ ~als ~h~r~f, s~b~ m tho ~ of any mortga~, d~ of o~ ~ty a~t ~th a li~n whi& ~ ~orlty o~r th~ Mo~go. In ~ av~t ofl~ ~g~[l gt~pmmpt notice ~ ~c im~anco~ier and ~n&r. ~nd~r may m~e~f ofl~ · not ma~ ~pRyby lf~e P~ is a~n~ by ~r~, or if ~row~ fails m ~nd ~ ~ndor wi~n ~ ~ys f~m no~co is m~ by ~ ~ ~w~ ~et ~e f~e ~ otfem ~ ~ttle a cl~m ~o~ i~r~ ~it~. ~v~ to ~ll~ end e~ the i~ ~0~ at ~d~'e option ei~w to ~effoa or r~tc ~ &o Pm~y & ~eservatton a~d ~J~t~cc of ~o~ty; Leasehold; C~domi~iv~; ~aa~ed Unil ~lopmen~. B~w~ sh~l ~ the ~ in g~ ~ir a~ abel ~ ~mmlt w~ or git lm~rm~t or d~o~gon of P~y and sh~l ~m~y ~th ~e p~o~ of ~ te~ if ~ls M~ ~ ~ a l~&ol~ H ~s M~t~is on a ~it la * ~mi~um ~ s planned unit devd~g ~rmw~ ~1 ~ gl of ~fmw~s obli~tlom ~dgr d~ or ~sn~ e~g~ Or ~v~ng the ~ndomlalum ~ pla~ ~it developm~g ~ho ~a~ 7. P~tlon of ~n~'~ ~urtty. ~ Bot~w~ ~alls to ~ff~ t~ ~v~,~ lpm~g ~n~n~ in this Mo~ or I~ any ~on or ~ing ~ ~mmea~ which ~al[~ dfo~W ~r's I~t~ tn ~e Pro~y, ~, at ~n~ opllon, u~n no~ ~o ~tow~, ma7 m*~e ~ ~ta~, dlg~ su~h ~ms, in01udlng Aal ~o~ dlab~ ~ ~a~ pUt~nt ~ ~a p~ph 7, m~lh ingt~t thegn, at ~o ~n~t ~a~e, Of ~ym~t. ~h amo~ ~1 ~ ~ble up~ ooti~ [~m ~ ~ ~wer ~q~gng ~ment ther~f. co~tn~ in this ~agra~ 7 ~all ~ulre ~d~ ~ incur ~' e~ or ~ke a~ ~on heralder. p~d~ ~at ~d~ ~11 ~ve Bo~w~ ~g~ ~or ~ say such ins~tlon i~il~ng r~ble ~ the~or ~ Leod~'~ [ nter~ in ~e P~y. 9. Condemnation. ~0 p~s of a~ award or claim for ~ag~, dt~ or ~uen~al, in cofln~tion wi~ any ~emna~ton or o&er ~Rg of ~e Pr~, or ~ the~[, or f~ conveyanc~ In lieu el cond~n~on. ~i~ ~d s~[l ~ ~id ~ ~der. gub~ ~ ~ ~ms o~y morgan, ~ of t~g Ot o~h~url~ agr~m~t with 11~ whlch ~ p~oriu ov~ ~is 10. B~ow~r Nm Ral~d: ~or~raa~ By ~ad~r Not a Walwe. ~t~fl~oo oF t~ ti'ma f~ ~ym~t or m~fica~ or amo~g~ of ~e sums ~c~ ~ ~ Morg~ g~ by ~nd~ to any ~ in IRt~ of ia~. ~ ~11 not ~ r~ ~ ~mm~ pr~n~ a~t s~h s~r ~ ~v~ ~ ~d gme for ~I or o~i~ m~ am~d~d~ of t~ ~ms ~u~ by tMS Mo~ by ~ or any de~d ma~ by ' oH~gal ~w~ a~ ~'o s~o~ in i~. A~ fore.nee by ~d~ I~ ~$iflg ~y right ~' ~m~y h~ ~ o~ aff~d~ by a~J~ble J~w. ~l[ ~t ~ a waivor of ~ ~ ~he ~e~ of any s~h frumpy, J L Sv~sors and As~s Bou~d; lo~t and Sevefnl Liability; Co~ign~rg.'T~ ~v~ts a~ ~men~ ~r~w~, ~bj~t ~ ~ pro~ons of p~agm~ 1~ he.f. All ~n~ sad a~m~m ~ ~rmwgr s~ll ~ ~[nt and ~v~l. ~y ~m~ w~ ~gm ~ M~g~ but d~ not ex.ute ~h~ No~, (n) is ~-~gni~ ~is Moaga~o~y ~g~, g~t and ~nvey t~t Bo~w~'s ~ i~ t~ Pro~y ~ ~ ~ ~ ~s ~ ~s Mo~a~ (b) ~ not ~ally l~lble on the No~ or ~d~ g~s Mo~, ~nd (c) n~ ~at ~ *ad any o~ ~w~ Ig~u~ may ~ m ~md, mo~ f~r~ ~ make ~ o~ a~ m~tions with ~ to thc t~r~ of ~s M~t~ or No~ ~out ~at ~rmw~s co~t a~ wlthovt ~e~ thtt ~w~ ~ m~f~ng ~s Mog~ ~ to ~t 09-~-99 MT6 PAOO~2S3 ,,,, Illlflllllllllllllllllllll ~v;~ ~n. ~d (b) any n~i~ ~ ~nd~ e~ll ~ ~v~ by ~er~[i~ m~l ~ ~nd~'s add~ e~t~ ~n or m o~ a~ ~ ~nd~ may d~l~ate b~ n~ce m B0r~w~ as ~ ~etn. Any no~ ~vi~ ~rin ~(s~ott~ge ]3. Oov~nln~ ~w~ ~eve~btl~y. T~ ~at~ and 1o~1 laws a~]i~e ~ ~a Me.gage ~nll ~ ~e law~ of ~e Ju~l~n iff wh~h ~e ~y is I~. ~ forgoing ~n~ ~all'~t Jlmit t~ a~li~]t~ of F~erol law to Mo~a~. In ~ev~t ~t ~y ~vi~ or da~ of this Mortgage or ~o ~ote ~11~ wt~ appll~Me law, a~h ~1 not dt~ o~w p~vl~o~ of this M~ or ~e No~ which cea ~ ~ di~t without ~o coat.lng '~'~ "a~ys' f~" incl~e all ~a ~ ~ ~t out ~htbJ~ by appli~ble law ~ l~j~ ~n. 14. ~o~owar'~ ~py, ~r~sball ~ fu~ a ~ormed ~yof the No~ and ~ ~s Mort~geat ~ ~of e~on ~ ~t~ ~n~On ~. Rehabilita~i~ ~nn A~emen~ ~tow~ ~all ~l~ll ~I of ~mw~s oMl~tio~ u~ ~7 home ~'a ~i~, may r~ ~t~w~ ~ ~te and d~lver to ~d~, in a form n~ble ~ ~,an ~m~t ~ d~. ~ms or ~ w~eh ~wer m~7 h~ve aga~t ~ w~ ~upply le~, mat~s or ~i~ in 16. T~t~ of the Ptop~y. ~ ~wwet ~l~ ~ ~ aH ~ ~y ~ of the Pw~y or an in~ ~a~ of law upon the d~th o[ a ~int t~an~. (c) ~e ~an~ of a~ I~h~d inte~ of thr~ ~ or 1 ~ no~ ~n~inlng ~ op~on ~ pu~, (d) ~e~on of n pu~h~ money ~ty in~ tot ~hold a~lia~. (~) a Va~er W owner of ~ p~, (g) a ~ t~ni fwm a d~ ~ ~lulion of ~age, legal s~on~g~m~ ~m ~ t~l.~ ~?~t a~enL ~ whleb the s~ ~ the ~o~wet ~m~ ~ own~ of the p~y. tR) a ~ mm an m~ ~v~ t~t m whi0~ the ~tow~ is ~d r~n~ a ~n~cl~ and whleh d~ ~t to ev~ ~t~ t~e lr~ as if n ~w l~ w~e ~ng ma~ ~ the ~. ~r~w~ w~ll cont~n~ ~ ~ obH~ · e Note ~d ~ Motlgage unl~ ~d~ r~e~ ~or~w. in 1~ ~nd~ d~ not e~e ~ ~ch ~1~ or e~er. ~dor may d~la~ all of the s~a ~u~ by tM~ M~gage to b~ imm~ate[y d~ and pebble, if ~der ~ci~ such op~on to activate, ~der shall mall ~ow~ ~ of a~l~a~on m a~ w~th ~a~ 12 he~L S~b nOU~ shell pm~de n ~ri~ of 0et I~ ~an ~ ~ from ~ ~e notice ts m ~1~ or ~ll~r~ withln whi0h ~orrbwer may ~y tho s~s ~ a~ d~ If ~wer tall~ to ~y ~ ~ior to ~o ~ta6~ of ~h ~, ~ may, w~tbuut ~rth~ nofi~ or d~and on Belwe, Invoke ~ ~m~ ~tm it~ by ~rag~ 17 ~f. 17. A~eleta~on: Remedlc~. E~pt ~ provided In ~raltaph 16 ~ot~f, upon ~wet'~ bcencb of any ~v~t or agreem~t of Borrow~ in thi~ M~g~e, lnclud~ tho cove~n~ to pay when dae any · ~u~d by this Mo~g~ L~d~ prior to n~lmtion cheil give notl~ to Bo~ow~ as orovided in 12here~s~ay~$ (I} ~e brach; (2) the action ~quired to eu~ such bt~; (3} a aa~'. eot 1~ from thc dat~ the nott~ is mailed to Bo~ower~ by whic~ su~ b~ch must ~ cu~d; and (4) that failure Io e~e ~h b~eh on or ~fote tee ~te ~p~ctfkd tn the notl~ may r~ult ~ a~eleratlon of the su~ ~ed by thb Mortgage. full.ute by jUdi~al pr~edln~ ~d ~le of ~e Pro~ty. ~e notice shall ~rtherinform Bor~wer of the right to ~l~tate after accele~flon ~d the right to as~ in thc [or~losvre preceding the n~eXi~i~ O! a defavlt or any o~er dd~ of Borrower to aeoele~tion and f~losuro, Il t~e b~aoh i~ not z~ed on or ~ore the ~te ~tfled la the noti~ L~d~, at L~de~s option, may declare all of t~e S~ured by this Me.gage to ~ lmm~tely due and ~yab~ without fu~er d~and and may f~l~e M~ga~ b~ jadtcbl p~ing. ~or ~h~! ~ entitled to coH~t in such preceding all ex~es of fo~los~, includin~, but not limited to. ~able atto~s' fe~ and eo~z og doeum~tary evld~, abstra~s and ~tle~p~e. · · ,,,, -, IlllJll JllJlllJllJlllJJ ~O'd ~Z21OB&~12IB O~ ~PZL ~19 0~9 Q~OH2SflOH Nd Nd 0~:6 100~ ~0 ~orrow~r's ]~ISht to Rciu~tetc..~ot~irJmtandi~ l.cad~r% ~fc~tlon of ~ ~ms ~ ~ sums w~ wo~d ~ th~ d~ ~r ~s ~o~gage 8no ~h8 No~ ~ ~ ac~ati~ ~c~ ~t t~ h~ of ~ ~a~ ~ m~ m thc Pro~y ~ B~ow~% obii~ag~ to pa ~ by ~[e ~ s~ ~n~n~ ~mpai~. U~n ~h ~ym~n~ and ~ by ~w~, ~s Mor~p~ ~ oMt~flom ~ h~by ~all remain in full for~e ~d ~f~ ~ if no a~e~gon had 19. ~st~m~t of R~t~ Appolntm~t ~ R~iv~. ~ additional ~urjty ~e~r, ~w~ h~eby he.f, in ab~nmont of ~ P~, ~ve the ~h$ ~ ~H~t ~d ~ta[n s~ ~ ~ t~ ~m~ d~ ~bl~ xU~n a~l~fi~ under ~h a ~f or a~n~m~t el ~ P~y, ~ ~1 ~ ~d~ ~ have of the P~y Induing ~ ~t d~ ~l ~ ~1~ by ~e ~v~ ~1 ~ a~i~ ~ m ~yment of ~ of m~t o~ ~ P~ ~ ~l~ti~ ~ ~n~ l~l~n~ ~c not llmi~ed ~, ~s ~. Release. U~ ~t ~ all sums ~ by ~ts M~. ~der ~I ~l~e tMs Moftji~ without ~ to ~ow~. ~r~w~ shall ~ allc~ of r~tio~ if any. 21. Walv~ of Homest~d. ~o~wff hereby wdv~ all H~t ~ hom~d ~emp~on tn the ~o~y ~ o~ ~ law. ~e Note or i~ ~ ~0ti~ ~f m0~ga~ ~o~ s~ll ~ ~o ~ ~ in thc Iillllllllm JllllJlllllllllliilllll · llO'd !~.'alOSL~laIIB Ol ~a 2.19 0C11 (I-IOH'aSrlOH ~1 Mci IC:2. 100~ REQUEST ]FOR NO'OCE OF DEFAULT AND PO1UBCLOSURI~ UNDER SUPEJ~IOR MORTOAG~ OR D~E~ OF ~UST and ~ r~ ~ha h~d~ o~ any mortgn~, ~ ~ ~ or other ~m~ ~d~ ~o ~i~ cnoumb~n~ ~ o~ any ~[e ~ o~ go~ol~u~ aotlon. JOHN N KEEF (DECEASED) -~rrow. A 4~N'- KEEF ' ~" -I~orro~.r I l~'¢by ~,r'~;~ th~ d~e precise addre~ o! lhe ~n~ (~tl~) i~ HOUSEHOLD FINANCE ' 25'GATEWAY'DR~VE: NECHAN~CSSUR~, PA 1205.5_. On~lfoflhe~=r,B~ ' B~RN~E HEFFELF~NGER Tlflet RRANCH , ~MMONWBALTH OF PE~SYLYAN~, CUHBERLAND Co0nty ~ I.AN~_ A gTA F~ORD .. , a ~ Publlo in sad [or said county and s~. do JOHN. H KEEF ~OECEASFB1 g [I~al..~l~ ~-~Jy ~wo ~ me ~ ~ ~ ~mo ~(s) wh~ na~o(s) n ~ ~ ~ to ap~ ~oro mo ~Is d~y in ~, and ac~owl~g~ t~t, · ~h~ ~;~ and fl~ivc~ fr~ volun~ry a~ ~or tho u~ ~ pur~ thegn ~t fo~b. Given under my hand aha c~iclnl ~al, this My Commi~ion e~'plrl~ 09-26-99 FILE 25 teway DrY, Suite /--O'd ~&ZlOS/--c:l~lG OJ. ~PZ./_ Z. 19 0C9 a'3OH~SnOH ~.:J Nd lC:?.- 100E 1~0 NFl/' EXHIBIT "B" DEED IN LIEU OF FORECLOSURE THIS DEED, made this ~C) day of ~A'-v~r~002, Between LINDA JEAN KEEF, widow of Phenix City Alabama, (hereinai~er called the "Grantor"), of the one part, and HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, hereinafter called the "Grantee"), of the other part. WITNESSETH, That in consideration of One ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, its successors and assigns, ALL THAT CERTAIN lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the northern side of Cavalry Street, which point is also a comer of Lot No. 95 on the hereinatler mentioned Plan of LOts; thence in a northwardly direction along Lot No. 95, a distance of 153.10 feet to a point in line of land now or formerly of the Commonwealth of Pennsylvania; thence in an eastwardly direction along land now or formerly of the Commonwealth of Pennsylvania, a distance of 75 feet to a point in line of Lot No. 97; thence in a southwardly direction along Lot No. 97, a distance of 150.46 feet to a point in the norther side of said Cavalry Street, a distance of 75 fee to a point, the Place of Beginning. BEING Lot No. 96 on that certain "Plan of Additional Lots of Greenvale", said Plan of Lots being entered of record in the office of the Recorder of Deeds in Cumberland County, in Plan Book 6, Page 40. HAVING thereon erected a one store brick cased ranch type dwelling house with a carport known and numbered as 944 Cavalry Street, Carlisle, Pennsylvania.. PARCEL NO. 29-19-1639-017 BEING the same premises which Richard Dean Sfiteler and Joann Marie Stiteler,by Deed dated April 15, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book D, Volume 30, page 316~ granted and conveyed unto John M. Keel and Linda Jean Keel, Grantor herein. The said John M. Keef died November 9, 1999 whereby title became vested by law in Linda Jean Keef, Grantor herein. TOGETHER, with all and singular the buildings, improvements, ways, slrects, alleys, driveways, passages, water, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby,granted premises belonging, or in any ways appertaining, the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title interest, property, claim and demand whatsoever of her, the said Grantor as well at law as in equity, of, in, and to the same. TO HAVE AND TO HOLD the said lot or piece of ground described hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successors and assigns, to and for the only proper use and behoof of the said Grantee, its successors and assigns forever. AND the said Grantor does hereby covenant to and with the said Grantee that the said Grantor SHALL and WILL Warrant and forever defend the herein above described premises, with the hereditaments and appurtenances, unto the said Grantee, their successor and assigns, agaiust the said Grantor and against every other person lawfully claiming or who shall hereaiter claim the same or a part thereof, by, from or under them or any of them. Nothing herein shall be construed to extinguish the existing mortgage or mortgages between grantor and grantee. IN WITNESS HEREOF, the said Grantor has caused these presents to be duly executed, the day and year first above written. SEALED AND DELIVERED In the Presence of.' LINDA J~ KEEIr STATE OF ALABAMA County of Russell On this 30 day of ~a~ , 2002, before me, the undersigned office, personally appeared LINDA JEAN KEEF, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within ins~xtunent and acknowledged that she executed same for the purposes therein conta/ned. NOTARY PUBLIC EXHIBIT "C" " ~ III '1 ./ ~EOOROER OF DEEOG CUKB~KAHD OOUNTy-P& ~ummm~unrmtth of I1~#. ~tltum.t. ~. IllB EXHIBIT "D" , I SERVICES, INC, X900 ]FROST ROAD SUITB 110 BR~ST0~, L~A 19007 lJlJ0H~: (900) 827-8177 FAX: (800) 726-7166 AtdI~DIED: 6/19/01 SUIT'~ 2080- 123 60~I'H ~: 4-~S-83 R,BO:~I:~BD: 4-18-83 BO~K: D30 ~*~: 316 MOm~;AG~S/~q~S or TRU3~ · M~aGB/~ O~ ~; ~, ~., ~9 ~ ~ ~, ~, ~ ~063 ~f~: ~: ~ 16,017.60 ~: 3-8-89 ~: 3-27-~ ~: 933 9~: 433 ~: 9/6/89 ~: 368 ~: 684 ~: 8-29-94 ~: 480 ~: 1083 ~/~ Of ~ ~: ~ 10,000.00 ~: 3-15-96 ~: 4-4-96 ~: 1311 ~: 1~5 ~: ~ 97~000.68 EXHIBIT "B"- to Alternate Service · ,Aisr-17-02 0S:0Epm Date' 04/17/2002 From-PLAYERS ASSOCIATION 6362300668 T-713 P.01/03 F-983 Players National Locator (PNL) (Reply Form) Reply To: MCCABE. WEISBERG, & CONWAY, P.C. A'rTN:MICHELLE HOLACIK 123 SOUTH BROAD STREET PHILADELPHIA. PA 19109 Service Type: Skip Trace Open Date: 04/15/2002 Due Date: 04/22/2002 Ck~e Date: 04/16/2002 FUn Statue: Found Loan Number: 1-2711PA Servicer Loan Number: Subject(s) Rating: Borrower Name (¶): DCRS HOLDINGS, INC I~rrower Name (2): Social Security,: - - ~o~lal Security,: - - Last KnownAddres~:8151LBJ FREEWAY#400 DALLAS. TX ?G257 New Address: Additional Information: See Affklew! RetlidenTJal Phone I~: ( ) R#idintial Phone I~: ( ) Bueiness Phone ~: ( ) Bueine.. Phone g: ( ) Other Phone l: ( ) PLEASE USE THIS FORM AS AN INVOICE. $36.00 DUE & PAYABLE. Players National Locater 113 Old Sfafe Road, Su/te fO4 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (638,) ?.30-055a From-PLAYERS A$$0CIA?IOH 6362300668 T-713 P.02/03 F-883 PLAYER8 NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number 1-27tlPA Attorney F,rm: MCCABE, WEISBERG, & CONWAY, P.C. Case Number: SubJect DCR~ HOLDINGS, INC A.K.A.* None Last Known Aadress. 6131 LDJ FREEWAY 400 DALLAS, TX 75257 Last Known Number. ( ) M~eel K Gross, bemg duly swom accomlng m law, deposes and says I I am employee tn l~e capac~ o/Pres~clent for Players National I.aca~or, 2. On {~.116/2002, I collaucted an ~nves~jat~on into the wtlereaDou~s of the above name~ defendant(s) Tile results of my investigation ate es follOwS CREDIT INFORMATION - A SOCIAL SECURITY NUMBER: - - El. EMPLOYMENT SEARCH We were unable to locate a company with the name DCR$ Holdings, Inc. at the eddre~a provided. We were unable ~o locate. =urren~ addrem~ or any incDl~ion regarding DCR5 Holdings, Inc. C. INQUIRY OF CREDITORS We were unable to locate a company with the name DCRS Holdings, Inc. at tho addrams provided. We were unable to locate a current address or any incDnnation regarding DCRS Holdings, inc. INQUIRY OF TELEPHONE COMPANY - A DIRECTORY ASSISTANCE SEARCH. Diroctory asslelanca do~ not have a Ileflng CDr DCR8 Holdings, loc. We were unable m locate a company with the name DCRS HOidlNle, Inc. at the addre&s provided. We were unable to locate a Gurrent addrelm or any IncDmmflon regarding DCR8 Holdings, Igc. INQUIRY OF NEIGHBORS - Wa were unable to locate a company with the name DCR6 HoMings, Inc. at the address provkled. We were unable to locate a current eddm~ or any Information regarding DCR8 Holdings, In¢. INQuiRY OF POST OFFICE - A NATIONAL ADDRESS UPDATE. We were unable to locate a company with the nme DCRS Holdings, Inc. at the address provided. Wa were unable to locate a current address or any inf~rmabon regarding DCRS HoMinga, Inc. MOTOR VEHICLE REGIISTRATION - A MOTOR VEHICLE & DMv OFFICE OTHER INQUIRIES - A DEATH RECORDS. AvA ~, · ,~pr-17-02 O3:0?pm Fro~-PLAYER$ A$$0CIATI0~ $362;00558 T-715 P.03/03 F-333 B- PUBLIC LICENSE~ ( PilOT. REAL ESTATE. ETC. )' We were unable to Incite I company with the name DCR5 HoMings, Inc. at the addre~ provi;led. We were unable to locate a current addrmm or any Inform~tion regarding DCR8 Holdings, Inc. C COUNTY vOTER REGISTRATION NIA ADDITIONAl- INFORMATION ON SUBJECT - ^ DATE OF BIRTH. NIA EXHIBIT "C"- to Alternate Service PHILADELPHIA. PA 19107 PHONE '215t 546-7400 FAX: 215-985-0169 ~' ~' AFFIDAVIT OF SERVICE PLAINTIFF(S) }'N_u~ ehold DEFENDANT(S) SERVE AT COMPANY CONTROL NO. REFERENCE NO. . Id ~.Y.l 3~-- 1'-27£1 o Served and made known tc O(N:~: 1[1 u in~ . CASE NO, DATE RECEIVED i)2 ~-]gr~, I March i~ )0.2 chine I II~ ~!~] oayo, Co~o..~a~, o~ .~..~gan~. ~n'~,4~a.ner ~e~cr~ ~ Defendant(s~ personally sedco. ~ Adult family member with whom said Defendant(c) reside(s). Relationship ~s ~ Adult in c~arge of Defendant's residence who refused to gwe name or rdationshio. ~ Manager/C~ of placing 0f~ng in which Defenoam(s) reside(re. ~ Agent ore,son in charge of Defendant's office or usual place of business. D~Po~ CRIPI/ON 'V~E ~E]GHI DEPUI [ZED SErW]c~. By (Com?oLehL Adult ......... _ounc: Sheriff ',=. Check ASAP She!iff Competent Adult (I -~ JuL( t6'~ Attorney's Name F~ank Dubi i/ ~Esct~ e Address 123 South Broad St~eeL. ~ FOr plait'ti-fl SuiLe 2080; PhiiadeJ. phia PA 19109 Telephone # 79 0 - 1. 010 2000 Philadelphia Ass(c, of Professional Process Se~ers Rev I Identification # Sworn to & subscribed before me this A~ES~T O~ ~Dat e PRO PROTHY Februa~ y 3~., 2002 DATE. 04/12/2002 13:52 2159850169 PH LADELPHIA, PA 19107 PHONE: [215) 546-74430 FAX: 21S-~-OtGe %lN'f h'~'(S). - o~.Senolo Finance C.D.C. ~ENDANT{S) ;RS Hol. ding, Znc. qVE AT ;':;"' /31 LBJ Freeway, Ste TX 75251 B&R SERVICES PAGE 04/04 AFFIDAVIT OF SERVICE OASENO. DATERECEIVED ' 02-896 ' March 11, 2002. court or common Pleas .of Cumberland County lype o~ 5e~'vlce Civil Action Hor~gage Foreclosure DEPUTIZED '.$'ERVICE ,~:' this day of , 19 : , I do' ~ereby deputize the Sheriff of ..... County to'serve this Summons Complaint Other ld make return therof a~d according to Law. . 8~(Compet*ent ~dult) ' ". C'ounty Sheriff's Check' ~ :* Special Instructio~s..~ . ASAP IE OF ~E~R " .... ' ........ C~'~ ~, · . · . ~m to &~ ~m me~b - · · , .~. /; ~/' 0~.,m.~.~ ~ · ~ .~ R~McCabe, Weisberg & Conway, PC ' ' ' ' ' I i~-~t~Date n~sNa~ Frank Oubin,~squi~e · ' '.~& Pf~i~if$ ~' ' '~' ' m~ e~ · 123 South Broad S~Teet .Suite, 2080 -- ' ' ' I , .....o ..... Ph.ilaOelphia PR 19109 . · · ; · Februa:ry 2~,: 2002 'SERVE BY: March 29, 2002 MPANY coNTRoL NO, REPERENCE NO. C$~6'2713R 1-273. lPa · f~cceptect .By: ad~e~DCRS Holding, ,. I~ .... ~,~ ~ ',~,..,, 'l):OO ..,~, A. .., ~n~¢, ~ pen,~7~.~ ~ in ~e ~ ~d ~l~ ' - & ~ ~e~ ~ ~a~ of ~i~ In whloh ~nd~(s) ~ide(s). . . · . ~C~PTION ' AGE ' HEIGHT WEIGHT · RACE SEX : "= 1 ' he = = = == = ~feDdant not found: Moved.: U~known ~0 A~s ~ Vacant Other BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holding, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Discount Cumberland County Court of Common Pleas Number 02 - 896 VERIFICATION The undersigned, Frank Dubin, hereby certifies that he is familiar with the matters set forth in the within action and that he is authorized to make this verification and that the foregoing facts are tree 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.A. § 4904, relating to unswom falsification to authorities. HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff Vo DCRS HOLDING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-896 CIVIL TERM ORDER OF COURT AND NOW, this 30a day of April, 2002, upon consideration of Plaintiff's Petition for Alternative Service, the Petition is granted and Plaintiff is granted leave to serve Defendant DCRS Holdings, Inc., by publication once in a newspaper of general circulation in Dallas County, Texas, in a newspaper of general circulation in Cumberland County, Pennsylvania, and in the Cumberland Law Journal, and by regular and certified remm receipted mail to Defendant's last known address. Frank Dubin, Esq. First Union Building 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff irc BY THE COURT, McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Vo DCRS HOLDING, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-896 PRAECIPE TO REINSTATE CIVIL ACTION/QUIET TITLE TO THE PROTHONOTARY: Kindly reinstate the Complaint to Quiet Title in the above-captioned matter. /~id'qK DUBS; ESQUIRE t/Attorney for Plaintiff McCABE, V~EISBERG, AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 VS. DCRS Holding, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number: 02-896 AFFIDAVIT OF SERVICE Commonwealth of ?ennsylvania: SS. County of Cumberland Premises: 944 Cavalry Street, Carlisle, PA 17013 Frank Dubin, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and behalf: 1. That he is counsel for the above-named Plaintiff; 2. That on May 16, 2002, per the attached Court Order, Plaintiff served a true and correct copy of the Civil Action/Action to Quiet Title upon the Defendant, DCRS, Holding, Inc.. by; regular mail, certificate of mailing and certified mail, return receipt requested to their last-known address of 8131 LBJ Freeway, Suite 400, Dallas, Texas 75251. True and correct copies of the letters, certificate of mailings, and certified receipts are attached hereto, made a part hereof, and marked as Exhibit "A". That on May 22, 2002, in accordance with the attached Court Order, Plaintiff served a tree and correct copy of the Notice of the filing of the Civil Action/ Action to Quiet Title upon the Defendant, DCRS Holding, Inc., through publication in the The Dallas Morning News. Tree and correct copies of the Proof of Publication indicating the same are attached hereto, made a part hereof, and marked Exhibit "B". That on May 22, 2002, in accordance with the attached Court Order, Plaintiff served a tree and correct copy of the Notice of the Civil Action/Action to Quiet Title upon the Defendant, DCRS Holding, Inc, Inc., through publication in The Sentinel of Cumberland County. A tree and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "C". Fr~l~f, ~squire ' ~ - SWORN TO AND ?UBSCRIBED BEFO~ ME THIS c~ DAY HOUSEHOLD FINANCE: CONSUMER DISCOUNT: COMPANY, Plaintiff Vo DCRS HOLDING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-896 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of April, 2002, upon consideration of PlaintiWs Petition for Alternative Service, the Petition is granted and Plaintiff is granted leave to serve Defendant DCRS Holdings, Inc., by publication once in a newspaper of general circulation in Dallas County, Texas, in a newspaper of general circulation in Cumberland County, Pennsylvania, and in the Cumberland Law Journal, and by regular and certified return receipted mail to Defendant's last known address. F~.nk Dubin, Esq. /First Union Building / 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff BY THE COURT, :re EXHIBIT A McCABE, WEISBERO AND CONWAY, P.C. BY~ Fr~k Du~in, ESQUIRE Identification Number 19280 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 961 WEIGEL DRIVE, P.O. BOX 8634 ELMI-1URST, IL 60126-1058 VS. DCRS HOLDING, INC. 8131 LBJ FREEWAY, SUITE 400 DALLAS, TX 75251 CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-896 TO: DCRS Holding, Inc. TYPE OF ACTION: CIVIL ACTION/ACTION TO QUIET TITLE PREMISES SUBJECT TO FORECLOSURE: 944 CAVALRY STREET, CARLISLE, PA 17013 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 aRer 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 objection 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 too you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. CUMBERLAND COUNT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9!08 poS~narY, ~4e~e EXHIBIT B AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared C. LEWIS CLINE, SALES ASSISTANT for THE DALLAS MORNING NEWS, being duly sworn by oath, states the a advertisement of: DCRS HOLDING, INC. As published in the DALLAS MORNING NEWS on MAY 22, 2002 LEWIS CLONE) sworn to and subscribed before me this MAY 22, 2002 A.D. ~/y (L~A ~A~LD) EXHIBIT C PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper c general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed noticl or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication M~GAI~; wEISBER~ AND CONW&Y, P.C. BY~ TERREN~E& MaCABE, ESQUIRE 12s so~ b~ .( ) ~ ~E~JNANCECONSUMER ~1 WEI~ ~VE, ~,O. BOX 8634 ~HUR~ ~L 80~2~t058 D~ HOEDING~ INC~ 8131 LBJ~FREEWAY, SUITE 400 Attorney for Plaintiff TO: DCRS Holding, Inc; TYPE~OF AC~T~I~I: CIV'. ACTION/ACTION TO Q?IET TITLE aretrue. ~ ~l~,~l~:T~)FOR ECl O~U R E: _9~_ _C..A~ .AEL. Rp ,~ ~ T7 oR1E3ET You itave been sued in court. !f you wishrto def~td againsftl~11~ ~[~trfl~ set forth in the follow ng pag~es[ you must take aqtion within twa~nty (~20),cbtys eft? this. complain~, and liotiCe aro s~ed~ by entering a.writtell- aypbw, wn ce'perso@~Uy ~r~ py ettorne~l arid fll~ng in writing with the cO~]rt~your doten~es or obje(ttion to~h~ ctail~ $ set fort~ a~alnSt you Y~u are warned that if you fail t~ So de the casa may proceed without~ ou and'a d e hi 8y be entered agO'inet Y°U~I~Ythe c° u ~ wltj3~t:ju ~ic ~-~(~ Yan'y mone~' ~ldgal~ed in the corn Iflalnt oOer toroarnY~erh~r: ~~.'~ ~Y , laintiff. Yo' I(~sis'mone orprOp g .~.., OFFrOE SET FOHTH' BELOW TO'FI~D O~lT,~a:,~ ruu ua,, ,..~: ~ ...... May 20, 2002 CUMBERLANDCOUNTY ' COURT OF cOMMON PLEAS deposes that he is not interested in ~tter of the aforesaid notice or NUMBER 0~-896 . ,~ '~ .' .... , and that all allegations in the ement as to time, place and character ~ubscribed before me this May ,2002. My commission expires: NOTARIAL SEAL SHIRLEY O. DURNtN, Notary Public Carlisle Boro., Cumberland County M~ Commission Ex~ires Aug. 9. 2003 22nd Notary Public MeCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY DCRS HOLDING, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 02-896 Civil PRAECIPE TO REINSTATE CIVIL ACTION/QUIET TITI,F, TO THE PROTHONOTARY: Kindly reinstate the Complaint to Quiet Title in the above-captioned matter. ~BIN, ~SQOlI~ Attorney for Plaintiff McCABE, WEISBERG AND CON-WAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil MOTION FOR DEFAULT JUDGMENT Plaintiff, Household Realty Corporation, by its undersigned Attorney, files this Motion for Default Judgment against the Defendant and in support thereof avers the following: 1. This is an action to Quiet Title pursuant to which Plaintiffrequests that, with respect to a certain certain mortgage given by John M. Keef and Linda Jean Keef, as mortgagors, to AMRE, Inc., as mortgagee, dated March 8, 1989 and recorded March 27, 1989 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 933, Page 433, et seq. and assigned to Union Mortgage Company by assignment recorded September 6, 1989 and recorded in the Office of the recorder of Deeds of Cumberland County in Book 368, Page 684 and further assigned to DCRS Holdings, Inc. by assignment recorded August 29, 1994 in the Office of the recorder of Deeds of Cumberland County in Book 480, Page 1083 (the "AMRE Mortgage") the Court enter an order, as follows: (i) Defendant, DCRS Holdings, Inc., and any person or legal entity claiming under Defendant, be forever barred t~om asserting any right, lien, title or interest in the real property secured by the AMRE Mortgage (the "Premises") inconsistent with the interest or claim of Plaintiff set forth in the Complaint; (ii) The AM_RE Mortgage be marked satisfied, released and extinguished of record by the Prothonotary, or the Recorder of Deeds; and (iii) Unless Defendant takes such action as the order may direct, within thirty days of such order, the Prothonotary, on Praecipe of Plaintiff, enters final judgment for Plaintiffand against Defendant with respect to the AMRE Mortgage. 2. Attached as Exhibit "A" is an affidavit stating that a Complaint containing a Notice to Defend was served upon the Defendant by publication and by regular mail and certified pursuant to Court Order. A copy of the Court Order is attached as Exhibit "B". To date, Defendant has not filed an answer to the Complaint. 3. Pa. R.C.P. 1066(a) allows the Court to grant appropriate relief upon affidavit that a complaint containing a notice to defend has been served and that the Defendant has not filed an answer. WHEREFORE, Plaintiff requests that this Court enter an Order for Judgment by Default against Defendant, DCRS Holdings, Inc., pursuant to Pa. R.C.P. 1066(a). Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR RECONSIDERATION OF MOTION FOR DEFAULT JUDGMENT reads, Rule 1066 Form of Judgment or Order (Under the Heading of Action to Quiet Title), as follows: (a) The Court shall grant appropriate relief upon affidavit that a complaint containing a notice to defend has been served and that the defendant has not filed an answer, or after a hearing or trial on the pleadings or merits. Co) Upon granting relief to the plaintiff, the court (I) shall order that the defendant be forever barred from asserting any right, lien, title or interest in the land inconsistent with the interest or claim of the plaintiff set forth in the complaint, unless the defendant takes such action as the order directs within thirty days thereafter. If such action is not taken within the thirty-day period, the prothonotary on praecipe of the plaintiff shall enter final judgment. (2) shall enter a final judgment that a document, obligation or deed affecting a right, lien, title or interest in land is cancelled or is valid, invalid or discharged or that a copy of a lost plan, document, obligation or deed is an authentic copy; (3) shall enter a final judgment ordering the defendant, the prothonotary, or the recorder of deeds to file, record, cancel, surrender or satisfy of record, as the case may be, any plan, document, obligation or deed determined to be valid, invalid, satisfied or discharged, and to execute and deliver any documents, obligation or deed necessary to make the decree effective; or (4) shall enter any other order necessary for the granting of proper relief. WHEREFORE, Plaintiffrequests this Honorable Court enter a default judgment in its favor and against Defendant. Attorney for Plaintiff EXHIBIT "A" - to Motion for Default Judgment McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 Mo DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania ) ) :SS. County of Philadelphia ) Premises: 944 Calvary Street, Carlisle, PA 17013 I, Frank Dubin, Esquire, being duly swom according to law, depose and say that the following is true and correct to the best of my knowledge, information, and beliefi 1. That I am counsel for the above-named Plaintiff. 2. That on August 26, 2002, per the attached Court Order (see Exhibit "A" to this Affidavit), Plaintiff served true and correct copies of the Civil Action/Quiet Title upon Defendant, DCRS Holdings, Inc. by regular mail, certificate of mailing, and by certified mail, return receipt requested, to its last known address, 8131 LBJ Freeway, Suite 400, Dallas, TX 75251. Copies of the transmittal letter together with the certificate of mailing and certified receipt are attached hereto, made a part hereof, and marked as Exhibit "B", to this Affidavit. Said copies contained a notice to defend. 3. That on May 20, 2002, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the filing of the Civil Action/Quiet Title upon the Defendant, DCRS Holdings, Inc., through publication in The Sentinel. True and correct copies of the Proof of Publication indicating the same are attached hereto, made a part hereof, and marked Exhibit "C", to this Affidavit. Said publication contained a notice to defend. 4. That on May 22, 2002, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the Civil Action/Quiet Title upon the Defendant, DCRS Holdings, Inc., through publication in The Dallas Morning News. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "D", to this Affidavit. Said publication contained a notice to defend. 5. That on May 31, 2002, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the Civil Action/Quiet Title upon the Defendant, DCRS Holdings, Inc., through publication in the Cumberland Law Journal. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "E", to this Affidavit. Said publication contained a notice to defend. 6. As of the date hereof, Defendant has not filed an answer to the Complaint. SWORN TO AND SUBSCRIBED BEFORE ME THIS ,3 DAY OF OCTOBER, 2002 NOTARY P~IC ' NOT~IIAL~ I hiladeli~hia, Phii~. ~ __ [ EXHIBIT "A"- to Affidavit HOUSEHOLD FINANCE: CONSUMER DISCOUNT: COMPANY, Plaintiff DCRS HOLDING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-896 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of April, 2002, upon consideration of Plaintiff's Petition for Alternative Service, the Petition is granted and Plaintiff is granted leave to serve Defendant DCRS Holdings, Inc., by publication once in a newspaper of general circulation in Dallas County, Texas, in a newspaper of general circulation in Cumberland County, Pennsylvania, and in the Cumberland Law Journal, and by regular and certified return receipted mail to Defendant's last known address. · ' ~ Dubin, Esq. ,/First Union Building / 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff BY THE COURT, :rc EXHIBIT "B"- to Affidavit DCR~ Holding. Inc. 8131 LBS F~way Suite 4OO Dallas, TX 7~251 LAW ~ MeCABE, WKT~BERG & CONWAY, P.C. SUI~ 20~0 123 ~YOTH B~OAD STREET PI~-ADI~I~A, PA 19109 (~1~) 790-1010 FAX ~215) 790-1274 216 HAl)DON AV~XlUE FSX (8S6) 8~8-7020 sur~ ~03 53 W~T 3~ STaler NEW YORK, NY 10018 (917) 351-118g F,~X (917~ 351-036~ August 26, 2002 Re: Household Fima~e Co~ame~ Discount Company v. DCRS Holcli~, Inc. Cumberland County; Court of Common Pk~s; Nmnber 02-896 Civil Dear Sir or FDU/mh Enclosures Very truly yo~s, SENT VIA REGULAR MAlL AND CER~I*ll~j ~:D MAIL NUMBER 7001 2510 0008 5228 2351 ./ DCP~ Holding, Inc. 8131 LBJ Freeway Suite 400 Dallas, TX 75251 LAW OR~CES MeCABE, WEISBERG & CONWAY, P.C. 123 SOUTH ~ROAD ~f PHRAI~LPI~ PA 19109 (215) 7~*1010 FAX (215) 790-12'/4 August 26, 2002 SUITE 600 216 HADIX)N A3flA',/UE (LL~'6) FAX (s.~) SUITE 5O3 $3 WEST 36m STREET ~ YORK, NY 10018 (~1'/) 351-11U FAX (91'/) 251-03~ Re: Home, old Finnnce Con~nne~ Discount ~y v. DCRS Holdin.g~ Inc. Cumberhnd County; Court of Common Pleas; Numbe~ 02-~96 Civil Enclosed please find a Irue and correct copy of Complaint in Quiet T'~e, the o~na! of which has been filed against you in regard to the above-captioned mntt~. FDU/mh Enclosu~s Very truly yom's, ~_,RTtvn4:r) MAIL NUMBER 7001 2510 0008 5228 2351 EXHIBIT "C"- to Affidavit State of Pennsylvania, County of Cumberland. PROOF OF PUBLICATION Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued In said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and Issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication May 20, 2002 deposes that he is not interested in Itter of the aforesaid notice or , and that all allegations in the time, place and character are true. May 22, 2002 ~ubscribed before me this 22nd May ,2002. Notary Public My commission expires: NOTARIAL SEAL SHIRLEY O. DURNtN, Notary Public Carlisle Bom., Cumberland County . My Commission Ex~ires Aug. 9. 2093 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly Issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and Issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication May 20, 2002 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. May 22, 2002 Sworn to and subscribed before me this 22nd day of May ,2002. Notary Public My commission expires: NOTARIAL SEAL SHIRLEY O. DURNtN, Notary Public Carlisle Boro., Cumberland County My Cornn~, i~ Ex,res Aug. 9, 2003. EXHIBIT "D"- to Affidavit AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared C. LEWIS CLINE, SALES ASSISTANT for THE DALLAS MORNING NEWS, being duly sworn by oath, states the advertisement of: DCRS HOLDING, INC, As published in the DALLAS MORNING NEWS on MAY 22, 2002 (C. LEWIS CLINE) sworn to and subscribed before me this MAY 22, 2002 A.D. 1. f~J~)*l N~'~' Public, State of Texas EXHIBIT "E"- to Affidavit CUMBERLAND LAW JOURNAL NOTICE Cumberland County Cou~t of Common Pleas Number 02-896 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 961 Weigel Drive, P.O. Box 8634, Elmhurst, IL 60126-1058 vs. DCRS HOLDING, INC. 8131 LBJ Freeway. Suite 400, D.11m~, TX 75251 TO: DCRS Holding, Inc. TYPE OF ACTION: CML ACTION/ACTION TO QUIET TITLE PREMISES SUBJECT TO FORECLOSURE: 944 CAVALRY STREET, CARLISLE, PA 17013 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following p~ges, you must take action within twenty {20) days after this complaint and no- rice are served, by entering a writ- ten appearance personally or by at- torney and filing in writing with the court your defenses or objection to the claims set forth against you. You are warned that ff you fali 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 plain- tiff. You may lose money or prop- erty or other rights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle. PA 17013 (717) 249-3166 (800) 990-9108 McCABE, WEISBERG AND CONWAY, P.C. FRANK DUBIN, ESQUIRE Attorneys for Plaintiff Identification Number 19280 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 May 31 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz MAY 31, 2002 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 SWORN TO AND SUBSCRIBED before me this 31 dayof MAY, 2002 EXHIBIT "B" - to Motion for Default Judgment HOUSEHOLD FINANCE: CONSUMER DISCOUNT: COMPANY, Plaintiff DCRS HOLDING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-896 CIVIL TERM ORDER OF COURT AND NOW, this 30& day of April, 2002, upon consideration of Plaintiff's Petition for Alternative Service, the Petition is granted and Plaintiff is granted leave to serve Defendant DCRS Holdings, Inc., by publication once in a newspaper of general circulation in Dallas County, Texas, in a newspaper of general circulation in Cumberland County, Pennsylvania, and in the Cumberland Law Journal, and by regular and certified return receipted mail to Defendant's last known address. F,3,~mk Dubin, Esq. /First Union Building / 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff BY THE COURT, McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil VERIFICATION The undersigned, Frank Dubin, hereby certifies that he is familiar with the matters set forth in the within action and that he is authorized to make this verification and that the foregoing facts are tree 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.A. § 4904, relating to unswom falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil CERTIFICATION OF SERVICE I, Frank Dubin, Esquire, hereby certify that a true and correct copy of the within Motion for Default Judgment pertaining to the instant action to quiet title was served on the ~ ~'~ day of October, 2002, by first-class mail, and by certified return- receipted mail, postage prepaid, upon the following: DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251. Date: October ~ ,2002 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DCRS HOLDING, INC., : Defendant : CIVIL ACTION - LAW NO. 02-0896 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of October, 2002, upon consideration of the "Moiion for Default Judgment" filed by Plaintiff, and it appearing that a complaint containing a notice to defend has been served on Defendant and that Defendant has not filed an answer within the time required under the Pennsylvania Rules of Civil Procedure, it is hereby ordered as follows: 1. The certain mortgage given by John M. Keef and Linda Jean Keel, as mortgagors, to AMRE, Inc., as mortgagee, dated March 8, 1989, and recorded March 27, 1989, in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 933, Page 433, and assigned to Union Mortgage Company by assignment recorded September 6, 1989, and recorded in the Office of the Recorder of Deeds of Cumberland County in Book 368, Page 684, and further assigned to Defendant by assignment recorded August 29, 1994, in the Office of the Recorder of Deeds of Cumberland County in Book 480, Page 1083, and secured by the premises described below, shall be marked satisfied, released and extinguished of record by the Recorder of Deeds of Cumberland County, Pennsylvania. 2. Defendant is forever barred from asserting any right, lien, title or interest in the premises described below inconsistent with the interest or claim of Plaintiff in the premises described below and as set forth in Plaintiff's complaint, unless Defendant files an answer to the complaint within thirty days of the date of this order. If such action is not taken within the thirty-day period, the prothonotary on praecipe of Plaintiff shall enter final judgment in favor of Plaintiff. 3. The premises referred to herein are described in Plaintiff's complaint as follows: ALL THAT CERTAIN lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the northern side of Cavalry Street, which point is also a comer of Lot No. 95 on the hereinafter mentioned Plan of Lots; thence in a northwardly direction along Lot No. 95, a distance of 153.10 feet to a point in line of land now or formerly of the Commonwealth of Pennsylvania; thence in an eastwardly direction along land now or formerly of the Commonwealth of Pennsylvania, a distance of 75 feet to a point in line of Lot No. 97; thence in a southwardly direction along Lot No. 97, a distance of 150.46 feet to a point in the norther side of said Cavalry Street, a distance of 75 fee to a point, the Place of Beginning. BEING Lot No. 96 on that certain "Plan of Additional Lots of Greenvale", said Plan of Lots being entered of record in the office of the Recorder of Deeds in Cumberland County, in Plan Book 6, Page 40. HAVING thereon erected a one store brick cased ranch type dwelling house with a carport known and numbered as 944 Cavalry Street, Carlisle, Pennsylvania.. PARCEL NO. 29-19-1639-017 BEING the same premises which Richard Dean Stiteler and Joann Marie Stiteler, by Deed dated April 15, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book D, Volume 30, Page 316, granted and conveyed unto John M. Keefand Linda Jean Keef .... BY THE COURT, ?~t/~7~P~sley Ol~h}. J. ~_~.~. Frank Dubin, Esq. First Union Building 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff DCRS Holdings, Inc. 8131 LBJ Freeway Suite 400 Dallas, TX 75251 Defendant McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil AND NOW, this ADJUDGED, and DECREED that: ORDER day of 2002, it is hereby ORDERED, 1. That certain mortgage given by John M. Keef and Linda Jean Keef, as mortgagors, to AMRE, Inc., as mortgagee, dated March 8, 1989 and recorded March 27, 1989 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 933, Page 433, et seq. and assigned to Union Mortgage Company by assignment recorded September 6, 1989 and recorded in the Office of the recorder of Deeds of Cumberland County in Book 368, Page 684 and further assigned to DCRS Holdings, Inc. by assignment recorded August 29, 1994 in the Office of the recorder of Deeds of Cumberland County in Book 480, Page 1083 (the "AMRE Mortgage") and secured by the premises more particularly set forth below (the "Premises"), be marked satisfied, released and extinguished of record by the Prothonotary or the Recorder of Deeds. 2. Defendant, DCRS Holdings, Inc., and all who claim under Defendant, are forever barred from asserting any fight, lien, title or interest in the Premises inconsistent with the interest or claim of Plaintiff set forth in the Complaint. 3. Unless Defendant takes such action as this Order may direct within thirty days after last publication of the notice of such Order or Decree, the Prothonotary, on Praecipe of Plaintiff, shall enter final judgment for Plaintiff and against Defendant. LEGAL DESCRIPTION OF PREMISES ALL THAT CERTAIN lot of ground situate in North Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNiNG at a point in the Northern Side of Calvary Street, which point is also a comer of Lot No. 95 on the hereinafter mentioned plan of lots: thence in a Northwardly direction along Lot No. 95, a distance of 153.10 feet to a point in line of land now or late of the Commonwealth of Pennsylvania; thence in and Eastwardly direction along land now or late of the Commonwealth of Pennsylvania, a distance of 75 feet to a point in line of Lot No. 97; thence in a Southwardly direction along Lot No. 97, a distance of 150.46 feet to a point in the Northern side of said Calvary Street, a distance of 75 feet to a point, the place of beginning. BEING Lot No. 96 on that certain "Plan of Additional Lots of Greenvale", said plan of lots being entered of record in the Office of the Recorder of Deeds at Carlisle, Pennsylvania, in Plan Book 6, Page 40. BEING commonly known as 944 Cavalry Street, Carlisle, PA 17013 BEING PARCEL NO. 29-19-1639-017 BEiNG the same premises which Richard Dean Stiteler and Joann Marie Stiteler, by Deed dated April 15, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book D, Volume 30, Page 316, granted and conveyed unto John M. Keef and Linda Jean Keel. BY THE COURT: Dated: ,2002 J. McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil MOTION FOR DEFAULT JUDGMENT Plaintiff, Household Realty Corporation, by its undersigned Attomey, files this Motion for Default Judgment against the Defendant and in support thereof avers the following: 1. This is an action to Quiet Title pursuant to which Plaintiffrequests that, with respect to a certain certain mortgage given by John M. Keef and Linda Jean Keel, as mortgagors, to AMRE, Inc., as mortgagee, dated March 8, 1989 and recorded March 27, 1989 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 933, Page 433, et seq. and assigned to Union Mortgage Company by assignment recorded September 6, 1989 and recorded in the Office of the recorder of Deeds of Cumberland County in Book 368, Page 684 and further assigned to DCRS Holdings, Inc. by assignment recorded August 29, 1994 in the Office of the recorder of Deeds of Cumberland County in Book 480, Page 1083 (the "AMRE Mortgage") the Court enter an order, as follows: (i) Defendant, DCRS Holdings, Inc., and any person or legal entity claiming under Defendant, be forever barred from asserting any right, lien, title or interest in the real property secured by the AMRE Mortgage (the "Premises") inconsistent with the interest or claim of Plaintiff set forth in the Complaint; (ii) The AMRE Mortgage be marked satisfied, released and extinguished of record by the Prothonotary, or the Recorder of Deeds; and (iii) Unless Defendant takes such action as the order may direct, within thirty days of such order, the Prothonotary, on Praecipe of Plaintiff, enters final judgment for Plaintiff and against Defendant with respect to the AMRE Mortgage. 2. Attached as Exhibit "A" is an affidavit stating that a Complaint containing a Notice to Defend was served upon the Defendant by publication and by regular mail and certified pursuant to Court Order. A copy of the Court Order is attached as Exhibit "B". To date, Defendant has not filed an answer to the Complaint. 3. Pa. R.C.P. 1066(a) allows the Court to grant appropriate relief upon affidavit that a complaint containing a notice to defend has been served and that the Defendant has not filed an answer. WHEREFORE, Plaintiff requests that this Court enter an Order for Judgment by Default against Defendant, DCRS Holdings, Inc., pursuant to Pa. R.C.P. 1066(a). l~,k l~i~in, Esquire Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR RECONSIDERATION OF MOTION FOR DEFAULT JUDGMENT reads, Rule 1066 Form of Judgment or Order (Under the Heading of Action to Quiet Title), as follows: (a) The Court shall grant appropriate relief upon affidavit that a complaint containing a notice to defend has been served and that the defendant has not filed an answer, or after a hearing or trial on the pleadings or merits. (b) Upon granting relief to the plaintiff, the court (1) shall order that the defendant be forever barred from asserting any right, lien, title or interest in the land inconsistent with the interest or claim of the plaintiff set forth in the complaint, unless the defendant takes such action as the order directs within thirty days thereafter. If such action is not taken within the thirty-day period, the prothonotary on praeeipe of the plaintiff shall enter final judgment. (2) shall enter a final judgment that a document, obligation or deed affecting a right, lien, title or interest in land is cancelled or is valid, invalid or discharged or that a copy of a lost plan, document, obligation or deed is an authentic copy; (3) shall enter a final judgment ordering the defendant, the prothonotary, or the recorder of deeds to file, record, cancel, surrender or satisfy of record, as the case may be, any plan, document, obligation or deed determined to be valid, invalid, satisfied or discharged, and to execute and deliver any documents, obligation or deed necessary to make the decree effective; or (4) shall enter any other order necessary for the granting of proper relief. WItEREFORE, Plaintiff requests this Honorable Court enter a defaultj udgment in its favor and against Defendant. Respectfully submit_tcd~ .... ~ r)U rm, ESQUI Attorney for Plaintiff EXHIBIT "A" - to Motion for Default Judgment McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 813I LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania ) ) :SS. County of Philadelphia ) Premises: 944 Calvary Street, Carlisle, PA 17013 I, Frank Dubin, Esquire, being duly sworn according to law, depose and say that the following is true and correct to the best of my knowledge, information, and belief: 1. That I am counsel for the above-named Plaintiff. 2. That on August 26, 2002, per the attached Court Order (see Exhibit "A" to this Affidavit), Plaintiff served true and correct copies of the Civil Action/Quiet Title upon Defendant, DCRS Holdings, Inc. by regular mail, certificate of mailing, and by certified mail, return receipt requested, to its last known address, 8131 LBJ Freeway, Suite 400, Dallas, TX 75251. Copies of the transmittal letter together with the certificate of mailing and certified receipt are attached hereto, made a part hereof, and marked as Exhibit "B", to this Affidavit. Said copies contained a notice to defend. 3. That on May 20, 2002, in accordance with the attached Court Order, Plaintiff served a tree and correct copy of the Notice of the filing of the Civil Action/Quiet Title upon the Defendant, DCRS Holdings, Inc., through publication in The Sentinel. True and correct copies of the Proof of Publication indicating the same are attached hereto, made a part hereof, and marked Exhibit "C", to this Affidavit. Said publication contained a notice to defend. 4. That on May 22, 2002, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the Civil Action/Quiet Title upon the Defendant, DCRS Holdings, Inc., through publication in The Dallas Morning News. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "D", to this Affidavit. Said publication contained a notice to defend. 5. That on May 31, 2002, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the Civil Action/Quiet Title upon the Defendant, DCRS Holdings, Inc., through publication in the Cumberland Law Journal. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "E", to this Affidavit. Said publication contained a notice to defend. 6. As of the date hereof, Defendant has not filed an answer to the Complaint. ~#r~bin, Esquire ' SWORN TO AND SUBSCRIBED BEFORE ME THIS ,.~ DAY OF OCTOBER, 2002 EXHIBIT "A"- to Affidavit HOUSEHOLD FINANCE: CONSUMER DISCOUNT: COMPANY, Plaintiff Vo DCRS HOLDING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUIvlBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-896 CIVIL TERM ORDER OF COURT AND NOW, this 30& day of April, 2002, upon consideration of Plaintiff's Petition for Alternative Service, the Petition is granted and Plaintiff is granted leave to serve Defendant DCRS Holdings, Inc., by publication once in a newspaper of general circulation in Dallas County, Texas, in a newspaper of general circulation in Cumberland County, Pennsylvania, and in the Cumberland Law Journal, and by regular and certified return receipted mail to Defendant's last known address. F~ank Dubin, Esq. /First Union Building / 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff BY THE COURT, ~rc EXHIBIT "B"- to Affidavit MeCABE, WEISBERG & CONWAY, P.C. Augus~ 26, 2002 DCRS Hold;nm. ]nc. 81~1 LBJ Freeway Suit~ 4OO Dallas, TX 75251 Re: Household Finance Conzumer Discount Company v. DCRS Holding, Inc. Cumberland County; Court of Common Plea~; Number 02-896 Civil Dear Sir or Madam: Eaclosed please find a ~e and correct copy of Complaint in Quiet Title, the ofi~-s! of which has been fled against you in regard to the above-captioned matter. Vezy mJly yours, FDU/mh Enclosures SENT VIA REGULAR MAIL AND CER'I'iI4'IED MAIL NUMBER 7001 2510 0008 5228 2351 RETURN RECEIPT REQUESTED tAL, USE MeCABE, WEISBERG & CONWAY, P.C. August 26, 2002 DCRS Holding, Inc. 8131 LBS Freeway Suite 400 Dallas, TX 75251 Re: Household Finance Consumer Discount Company v. DCRS Holding, Inc. Cumberland County; Court of Common Pleas; Number 02-896 Civil Dear Sir or Ma&am~ Enclosed please find a true and correct copy of Complaint in Quiet Title, the ori~na! of which ha~ been filed against you in t~'gard to the above-captioned matter. Very truly yours, FDU/mh Enclosures SENT VIA REGULAR MAIL AND CERTIFIED MAlL NUMBER 7001 2510 0008 5228 2351 RETURN RECEIPT REQUESTED OFFICIAL. USE U.S, POSTAL SERVICE l n s, 7-$ "iSa,51 EXHIBIT "C"- to Affidavit PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication TYPE Suite A~torne¥ for plaintiff May 20, 2002 C U MBEfl LA~ {3 ~)[IN ~': · counToFcoU~o,~^s deposes that he is not interested in Itter of the aforesaid notice or .u~E~.o~ , , and that all allegations in the ~ment as to time, place and character ~ ,-,,.~ are true. May 22, 2002 90.9108 ~ubscribed before me this 22nd May ,2002. Notary Public My commission expires: L,., NOTARIAL SEAL' ,.~.HIRLEY O. DURNtN, Notary Pubtic (.,adisle Boro., Cumberland County C0mm, ission Ex~ires Auld. 9 20~. 3. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication May20,2002 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. May 22,2002 Sworn to and subscribed before me this 22nd day of May ,2002. Notary Public My commission expires: I ¢ OTARIAL SEAL' S..H?RLEY O. DURN~N, Nota~ Public (.,arlisle Bo,'o., Cumberland County My Com~,bsion Ex~ires Aug, 9, 2003, EXHIBIT "D"- to Affidavit STATE OFTEXAS AFFIDAVIT OF PUBLICATION COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared C. LEWIS CLINE, SALES ASSISTANT for THE DALLAS MORNING NEWS, being duly sworn by oath states advertisement of' DCRS HOLDING, INC. As published in the DALLAS MORNING NEWS on MAY 22, 2002 (C. LEWIS C~'~INE) sworn to and subscribed before me this MAY 22, 2002 A.D. ~/~ (L~-A ~ATTI~I~'IELD) EXHIBIT "E"- to Affidavit CUMBERLAND LAW JOURNAL NOTICE Cumberland County Court of Common Pleas Number 02-896 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 961 Weigel Drive, P.O. Box 8634, Elmhurst, IL 60126-1058 VS. DCRS HOLDING, INC. 8131 LBJ Freeway, Suite 400, Dallas, TX 75251 TO: DCRS Holding, Inc. TYPE OF ACTION: CML ACTION/ACTION TO QUIET TITLE PREMISES SUBJECT TO FORECLOSURE: 944 CAVALRY STREET. CARLISLE, PA 17013 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 {201 days after this complaint and no- tice are served, by entering a writ- ten appearance personally or by at- torney and filing in writing with the court your defenses or objection to the claims set forth against you. You a~e warned that ff you fall to do so the case may proceed without you and a Judgment may be entered against you by the court without further notJce for any money claimed in the complaint or for any other claim or relief requested by the plain- tiff. You may lose money or prop erty or other rights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. CUMBERLAND COUNTY BAR ASSOCL~TION 2 Liberty Avenue Ca~lisle, PA 17013 (717) 249-3166 (800) 990-9108 McCABE, WEISBERG AND CONWAY, P.C, FRANK DUBIN, ESQUIRE Attorneys for Plaintiff Identification Number 19280 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790 1010 May 31 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : Sao Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz MAY 31, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, 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 SWORN TO AND SUBSCRIBED before me this 31 day of MAY, 2002 .... XT~'*°'3r I LOEaE. mqlYDEFLhloWyF, ut~e I I I EXHIBIT "B" - to Motion for Default Judgment HOUSEHOLD FINANCE: CONSUMER DISCOUNT: COMPANY, Plaintiff DCRS HOLDING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-896 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of April, 2002, upon consideration of Plaintiff's Petition for Alternative Service, the Petition is granted and Plaintiff is granted leave to serve Defendant DCRS Holdings, Inc., by publication once in a newspaper of general circulation in Dallas County, Texas, in a newspaper of general circulation in Cumberland County, Pennsylvania, and in the Cumberland Law Journal, and by regular and certified remm receipted mail to Defendant's last known address. · ~ Dubin, Esq. ,/First Union Building / 123 South Broad Street / Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff BY THE COURT, NeSle3 ~j~.,' 6~j. 're McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company : 961 Weigel Drive, P.O. Box 8634 : Elmhurst, IL 60126-1058 : DCRS Holdings, Inc. : 8131 LBJ Freeway, Suite 400 : Dallas, TX 75251 : Cumberland County Court of Common Pleas Number 02 - 896 Civil VERIFICATION The undersigned, Frank Dubin, hereby certifies that he is familiar with the matters set forth 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.A. § 4904, relating to unsworu falsification to authorities. McCABE, WEISBERG AND CON-WAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 8131 LB] Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil CERTIFICATION OF SERVICE I, Frank Dubin, Esquire, hereby certify that a true and correct copy of the within Motion for Default Judgment pertaining to the instant action to quiet title was served on the -'~ vxlt day of October, 2002, by first-class mail, and by certified return- receipted mail, postage prepaid, upon the following: DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251. Date: October ~ ,2002 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Curtis R. Long, Prothonotary To: DRCS Holding, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania,, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Curtis R. Long, Prothonotary If you have any questions, concerning this notice, please call: Frank Dubin, Esquire at (215) 790-1010 McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment quieting title against DCRS Holdings, Inc. in connection with the above captioned matter, and in favor of Plaintiff, Household Finance Consumer Discount Company, pursuant to the order of the court dated October 15, 2002, attached hereto. l~ml~ubin, Esquire J Attorney for Plaintiff November 21~ 2002~ Final Judgment is hereby entered in favor of the Plaintiff and against the Defendant. u is R. Long, Prothonotary HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff DCRS HOLDING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-0896 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of October, 2002, upon consideration of the "Motion for Default Judgment" filed by Plaintiff, and it appearing that a complaint containing a notice to defend has been served on Defendant and that Defendant has not filed an ansv~er within the time required under the Pennsylvania Rules of Civil Procedure, it is hereby ordered as follows: 1. The certain mortgage given by John M. Keef and Linda Jean Keef, as mortgagors, to AMRE, Inc., as mortgagee, dated March 8, 1989, and recorded March 27, 1989, in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 933, Page 433, and assigned to Union Mortgage Company by assignment recorded September 6, 1989, and recorded in the Office of the Recorder of Deeds of Cumberland County in Book 368, Page 684, and further assigned to Defendant by assignment recorded August 29, 1994, in the Office of the Recorder of Deeds of Cumberland County in Book 480, Page 1083, and secured by the premises described below, shall be marked satisfied, released and extinguished of record by the Recorder of Deeds of Cumberland County, Pennsylvania. 2. Defendant is forever barred from asserting any right, lien, title or interest in the premises described below inconsistent with the interest or claim of Plaintiff in the premises described below and as set forth in PlaintiWs complaint, unless Defendant files an answer to the complaint within thirty days of the date of this order. If such action is not taken within the thirty-day period, the prothonotary on praecipe of Plaintiff shall enter final judgment in favor of Plaintiff. 3. The premises referred to herein are described in Plaintiff's complaint as follows: ALL THAT CERTAIN lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the northern side of Cavalry Street, which point is also a comer of Lot No. 95 on the hereinafter mentioned Plan of Lots; thence in a northwardly direction along Lot No. 95, a distance of 153.10 feet to a point in line of land now or formerly of the Commonwealth of Pennsylvania; thence in an eastwardly direction along land now or formerly of the Commonwealth of Pennsylvania, a distance of 75 feet to a point in line of Lot No. 97; thence in a southwardly direction along Lot No. 97, a distance of 150.46 feet to a point in the norther side of said Cavalry Street, a distance of 75 fee to a point, the Place of Beginning. BEING Lot No. 96 on that certain "Plan of Additional Lots of Greenvale", said Plan of Lots being entered of record in the office of the Recorder of Deeds in Cumberland County, in Plan Book 6, Page 40. HAVING thereon erected a one store brick cased ranch type dwelling house with a carport known and numbered as 944 Cavalry Street, Carlisle, Pennsylvania.. PARCEL NO. 29-19-1639-017 BEING the same premises which Richard Dean Stiteler and Joarm Made Stiteler,by Deed dated April 15, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book D, Volume 30, Page 316, granted and conveyed unto John M. Keefand Linda Jean Keel .... In Testimony w~reof, I l~ero u,lto ~t my kant3 and t~ ~ ~ ~ ~ at ~r~, ~. ~o~ BY THE COURT, ?~/~esley Ol~h/., J. L-~ McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company : 96l Weigel Drive, P.O. Box 8634 : Elmhurst, IL 60126-1058 : DCRS Holdings, Inc. : 8131 LBJ Freeway, Suite 400 : Dallas, TX 75251 : Cumberland County Court of Common Pleas Number 02 - 896 Civil AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) ): SS COUNTY OF PHILADELPHIA ) The undersigned, being duly sworn according to law, deposes and says that the 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 Defendant DCRS Holdings, Inc. is not a human person and therefore its age is irrelevant and that the last known address of the Defendant was 8131 LBJ Freeway, Suite 400, Dallas, TX 75251 SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY Notary Public X/ERAof ULZ/NOW Notary Public ~ City Ph~adelphia, Phila. Coun Frank~l~bln, Esquire Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company : 961 Weigel Drive, P.O. Box 8634 : Elmhurst, IL 60126-1058 : DCRS Holdings, Inc. : 8131 LBJ Freeway, Suite 400 : Dallas, TX 75251 : Cumberland County Court of Common Pleas Number 02 - 896 Civil VERIFICATION The undersigned, Frank Dubin, hereby certifies that he is familiar with the matters set forth 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.A. § 4904, relating to unswom falsification to authorities. ~a~ubin McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil PROOF OF PUBLICATION To the Prothonotary: Kindly file the attached Proofs of Publication which were published in accordance with Cumberland County Rule of Civil Procedure 1066-3 Thank you. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle -in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz NOVEMBER 29, 2002 Affiant further deposes that he is authorized to verify fi'ds 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 ~Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 29 day of NOVEMBER 2002 CUMBERLAND LAW JOURNAL NOTICE Cumberland County Court of Common Pleas Number 02-0896 Civil Household Finance Consumer Discount Company 961 Weigel Drive P.O. Box 8634 Elmhurst, IL 60126-1058 v. DCRS Holdings, Inc. 8131 LBJ Freeway Suite 400 Dallas, TX 75251 NOTICE TO DCRS HOLDINGS, INC.: You are notified that an Order has been entered to Number 02-0896 in the Court of Common Pleas of Cumberland County, Pennsylvania on October 15, 2002 directing that within thirty (30) days after this publication you shall file an answer to the complaint or be forever barred from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in the plaintiffs complaint to the land here described: ALL THAT CERTAIN lot of ground situate in North Middletown Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: BEGINNING at a point in the Northern Side of Calvary Street, which point is also a comer of Lot No. 95 on the hereinafter mentioned plan of lots: thence in a Northwardly direction along Lot No. 95, a dis- tance of 153.10 feet to a point in line of land now or late of the Com- monwealth of Pennsylvania; thence in and Eastwardly direction along land now or late of the Common- wealth of Pennsylvania, a distance of 75 feet to a point in line of Lot No. 97; thence in a Southwardly direction along Lot No. 97, a dis- tance of 150.46 feet to a point in the Northern side of said Calvary Street, a distance of 75 feet to a point, the place of beginning. BEING Lot No. 96 on that cer- tain "Plan of Additional Lots of Greenvale~, said plan of lots being entered of record in the Office of the Recorder of Deeds at Carlisle, Pennsylvania, in Plan Book 6, Page 40. BEING commonly known as 944 Cavalry Street, Carlisle, PA 17013. BEING PARCEL NO. 29-19- 1639-017. BEING the same premises which Richard Dean Stiteler and Joann Marie Stiteler, by Deed dated April 15, 1983 and recorded in the Of- fice of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia, in Deed Book D, Volume 30, Page 316, granted and conveyed unto John M. Keef and Linda Jean Keef. FRANK DUBIN, ESQUIRE McCABE, WEISBERG & CONWAY, P.C. Attorneys for' Plaintiff 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Nov. 29 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication ' .BEING 1 16, gtantecl'ar~d c0~eyed r Plaintiff November 22, 2002 ther deposes that he is not interested in ;t matter of the aforesaid notice or nent, and that all allegations in the statement as to time, place and character tion are true. , November 27, 2002 ~nd subscribed before me this 27th November ,2002. Notary Public -~ssion expires: STATE OF TEXAS COUNTY OF DALLAS AFFIDAVIT OF PUBLICATION Before me, a Notary Public in and for Dallas County, this day personally Shirley Selman, Legal Advertising Representative for The Dallas Morning News, duly sworn by oath, states the attached advertisement of: as published in McCABE, WEISBERG & CONWAY, P.C. the DALLAS MORNING NEWS on DECEMBER 2, 2002 sworn to and subscribed before me this DECEMBER 2, 2002 A.D. f Selman) (Lisa -~c=~ © ~-~ .. ~ m cji .-< McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Drive, P.O. Box 8634 Elmhurst, IL 60126-1058 Vo DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil PRAECIPE TO ENTER ON APPEARANCE DOCKET AND ON DECREE PURSUANT TO RULE 1066-4 To The Prothonotary: Kindly enter on Appearance Docket and on Decree a notation that the defendant failed to take the action directed in the last advertisement with the time therein limited; and transmit to the Recorder of Deeds a certified copy of the Decree containing the notation above described Thank you. cc in, Esqmre McCABE, WEISBERG AND CONWAY, P.C. BY: FRANK DUBIN, ESQUIRE Identification Number 19280 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Household Finance Consumer Discount Company 961 Weigel Dhve, P.O. Box 8634 Elmhurst, IL 60126-1058 DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400 Dallas, TX 75251 Cumberland County Court of Common Pleas Number 02 - 896 Civil CERTIFICATION OF SERVICE I, Frank Dubin, Esquire, hereby certify that a true and correct copy of the within Praecipaes pertaining to the instant action to quiet title was served on the g;2 ~ ~ day of December, 2002, by first-class mail, postage prepaid, upon the following: DCRS Holdings, Inc. 8131 LBJ Freeway, Suite 400, Dallas, TX 75251 Date: December ~,~ ,2002