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HomeMy WebLinkAbout05-2406 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania P,O. Box 8621 Elmhurst,IL 60126 v, Elmer D. Heiges alkla Elmer Heiges 148 Rear North Spring Garden Street Carlisle, P A 17013 and Phyllis J, Heiges alk/a Phyllis Heiges 148 Rear North Spring Garden Street Carlisle, P A 17013 -- Attorney for Plaintiff Cumberland County Court of Common Pleas Nwnber D!t - ;l.4oG ~J~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you ImlSt take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attomeyand filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THATMA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Le han demandado a listed en la corte. si listed quiere defenderse de estas demandas ex-puestas en las paginas siguientes, listed tiene veinte (20) dias de plaza al partir de la feeha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si listed no se defiende, la corte tamara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que listed cumpla con todas las provisiones de esta demanda. Dsted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE, Sl USTED NO TIENE A UN ABOGADO, V A A 0 TELEFONEA LA OFIClNA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORClONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORClONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUClDO NI NINGUN HONORARlO, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J, McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania P,O. Box 8621 Elmhurst, IL 60126 Cumberland County Court of Common Pleas v, Elmer D, Heiges a!kIa Elmer Heiges 148 Rear North Spring Garden Street Carlisle, PA 17013 Nwnber CJ,j', ,z 'I {)(, ~ ~ and Phyllis 1. Heiges a!kIa Phyllis Heiges 148 Rear North Spring Garden Street Carlisle, P A 17013 CIVIL ACTION/MORTGAGE FORECLOSURE I. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Elmer D. Heiges alk/a Elmer Heiges, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 148 Rear North Spring Garden Street, Carlisle, PA 17013, 3. The Defendant is Phyllis 1. Heiges a!kIa Phyllis Heiges, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last -known address is 148 Rear North Spring Garden Street, Carlisle, PA 17013, 4. On 08/21/2001, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1731, Page 1989, 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 148 Rear North Spring Garden Street, Carlisle, PA 17013. 6, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/25/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith, 7, The following amounts are due on the mortgage: Principal Balance $ 93,649.72 Interest through 03/25/2005 $ 4,726,67 (Plus $ 28,65 per diem thereafter) Attorney's Fee $ 4,682.49 Cost of Suit $ 225.00 Appraisal Fee $ 125,00 Title Search $ 200.00 GRAND TOTAL $ 103,608.88 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale, If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed, 9. Notice ofIntention to Foreclose as required by Act 6 of 1974 (41 P.S. 9403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 P A Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $103,608.88, together with interest at the rate of $28.65 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, ~;~.~,/,/>;/'~~/ TERRENG cCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Tiffanie Toney-Davis, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within C-^-" Ai' action,~ (flnlLt r jt-inl and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA,C,S, 8;4904 relating to unsworn falsification to authorities, /) '~"P ~ ~? ~iff ie Toney-Davis /J.L..iJ ;....... ry 1 pi . , \fl ~. ".7..._' ...... ~/ 7//".- )'- M' 99/7.5'" , ROBERT P. ZIEGLER RECORDEnOF DEEDS ;;UMBERLMID COUNT'Y-PA 711715 '01 RUG 22 PfUo~TGAGE I . o IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. j3'SU ,. THIS MORTGAGE is made this day 21ST of AUGUST 2001, between the Mortgagor, ELMER D. HEIGES AND PHYLLIS J, HEIGES; NOT STATED (herein "Borrower") and Mortgagee BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA a corporation organized and existing under the laws of PENNSYL V AN I A address is 419 STONEHEOOE DRIVE. SUITE 2, CARLISLE. 'PA 17013 .(herein "Lender'), __ -'_'_ '_ _. _ _ ,,_. ____~ , I whose . The following paragraph preceded by a checked bOI is applicable. ~ WHEREAS, B~rrower is indebted to Lender in the principal SUm of $ 98,831,14 , evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement dated AUGUST 21, 2001 and any extensions or renewals thereof (herein' "Note"), providing for monthly'installments of principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the' indebtedness, if not sooner paid, due and payable on AUGUST 21, 2031 D' WHEREAS, Borrower is indebted to Lender in the pri~cipal s~mof $ , or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions' and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable,. and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidencC?<J by the Note, "';ith interest thereon, including any increases if the contract rate is variable: (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in _accordanEe herewithtC). P!9t~t. th.~ ~urity. ()f t~~Mortgage: and (4) !he performance of the covenants and agreements of Borrower herein' contained, Borrower does hereby mortgage, grant' and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAt-D Commonwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THEBOROUGH OF CARLISLE IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 11/25/1998 AND RECORDED 11/25/1998. AMONG THE LAt-D RECORDS OF. THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 189 03-.oC8~i'1FuED ON ATTACHED EXHIBIT A 1IIIIIIIIIIImIW~ImIIIHlllllln'lla!n PAO012A1 WH152B0100J99MTG9000PAOOI2A10"WHEIGES - ORIGINAL '. ',,',xhibit A 8K I 7 3 I PG I 9 8 9 " ~ -2- TOGETHER with all the improvements now: (>r..hereaf~er ~erected on' the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest at Variable Rates. This mortgage secures all payments of principal and interest due on a variable rate loan. The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shaIl promptly pay when due all amounts required by the Note. ~_ ,_, _. _ _ _ ~~_ ___~. , _~ ~ __ _~.~ . 2:"Fun,kfi>r Tires and'Insurance:Subject to applicable law or waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one'twelfth of yearly premium installments for mortgage . insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds: analyzing said account or verifying and compiling said assessments and biIls, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage, - - ~If.the'amount-of'the'Funds-held-bY~Eender;t6gether-with.tlie-future-monthly'installmentS'of'Funds- ~-- payable prior to the due dates of taxes, assessments, insurance 'premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds, If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they faIl due, Borrower shaIl pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in fuIl of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property 03'01-01 MTG PA0012A2 ......~- Ilmnllll~IIIII.II~mIIMII~~llIIllnmWil "H1S2B010DJ99MTG9DOOPA0012A20'"HEIGES " ORIGINAL BK I 7 3 I PG I 9 9 0 '- '. .' -3- is otherwise acquired by Lender, Lender shall apply, no later than immediately prior. to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums seCured by this Mortgage, . 3. Application of Payments. Except for loans made pursuant to the Pennsylvania 'Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and need of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if.any. '_ " _______ __ _~ . __ . .._ 5, Hazard Insurance. Borrower shall keep the improvements now existing Or hereafter erected-6n -' the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance csrrier providing the insurance shall be chosen by the Borrower subject to approval by . Lender; provided, that such approval shall not. be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject 10 the terms of any mortgage, deed of trust or other security agreement with a lien which has priori ty over this Mortgage, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower, If. the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits; Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or tothe sums secured by this Mortgage, 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developmen1s, Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold, If this Mortgage is on a unit in a condominium or a planned unit development, Borrower'shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. . . . ." 7. Protection-of Lender's Security, If ~Borrower failsto.perform.the.covenants'an:d agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender; at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. . Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage, Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 03-01-01 MTG PAO012A3 IIWIII~I~lmlllrll~III~IIIIIIIIDIBRm.!I~ MH152B0100J99MTG9000PA0012A30MMHEIGES '" ORIGINAL ,. BK I 7 3'1PG 1991 -4- 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amorti zation of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of .~y demJ'nd mad~y~the~o.rigi!lal_Borro.wer..and.Borrower's., e -- -_.~ successoTs'ininteresCA!iY"forbetiriuiooDY'Unaer in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. II. Successors and Assigns Bound; Joint and Several Liability; Co--signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof, All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property, 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13, Governing Law; Severability, The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage, In the event that any provision or clause of this Mortgage or _the Noteconflicts.withapplicable law, such.conflictshall.not-affect other'provisions of this'Mortgage'or the~"~ Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable, As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein, 14, Borrower's Copy, Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 03-01-01 MTG PA001ZA4 II~Ullllmnllmlllll~llmlllm~lIlln~~111I11 'H152B0100J99~TG9000PA001ZA40"HEIGES . ORIGINAL BK I 73,/ PG I. ~19~.: -"- " ~ '. .. ,.- " -5- , 16. Transfer of the Property; If Borrower sells or transfers 'all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joini tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (I) a transfer where the spouse or children 01 the Borrower become an owner 01 the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted' information required by Lender to evaluate,.the transferee as. if a .neWJoan were. ~ing mad..e30.tll.e. .tr'!.nsfer~.Bo.rro.we~ will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower -in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereol, Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared dUe, If Borrower fails to pay such sums prior to the expiration 01 such period, Lender may, without lurther notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. '. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as lollows: ':1". ,17, Acceleration; Remedies, Except as provided in paragraph 16'hereor; upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (I) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, 'by which sucl1 breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured hy this Mortgage, foreclosure by judicial proceeding, and sale 01 the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration. and foreclosure. If the breach is not cured on or before the date specified in the'notice, Lender, at Lender's option, may declare all of the sUmS secured by this Mortgage .to' be immediately ~d ue~an'd' pa ya bJC(without'further'de'mand-and'ma y'f orecl ose. this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all eIpenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate, Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or 03-01-01 MTG PA0012AS 11i~111~lmmlll!llll.I'IIIIII11IIH~illllllI~m -H'52B010DJS9MTG90QOPAOOlZ~50M*HEICES ~ OflIGINAL ~~ \ 7 3 \ PGiV:393,' ,01 ';:~ ;~ '-6- agreements of Barrawer contained in this Mortgage; (c), Borrawer pays all reasonable expenses incurred -by -Lender .in. enfarcing. the cavenants and agreements af Barrawer cantained in this Martgage, and in enforcing Lender's remedies as pravided in paragraph 17 hereof, including, but not limited to., reasonable attarneys' fees; and (d) Borrower takes such actian as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's abligatian to pay the sums secured by this Martgage shall cantinue unimpaired, Upon such payment and cure by Barro.wer, this Martgage and the o.bligatians secured hereby shall remain in full force and effect as if no acceleratian had occurred. 19. Assignment o.f Rents; Appointment of Receiver. AIl additional security hereunder, Borrower hereby assigns to. Lender the rents of the Praperty, pravided that Borrower shall, prior to acceIeratian under paragraph 17 hereof, in abandanment af the Praperty, have the right to. co.llect and retain such rents as they become due and payable. '_ YP.<ln acceleralipn under~l!!J!g~Rh.7 hersot.Qr~R.ando[l,,-,ent>af. the .Property,~Lender shall be , -<. ---'~ entitle,n,,-have i receiver appointed by a court to enter upon, take possessio.n o.f and manage the Property and to collect the rents af the Praperty including those past due. All rents collected by the recei ver shall be applied first to. payment o.f the costs o.f management of the Property and collection of rents I including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Martgage. The receiver shall be liable to accaunt only far those rents actually received, 20. Release. Upon payment of all sums secured by this Martgage, Lender shall release this Martgage withaut charge to Borrower. Borrower shall pay all casts of recordatian, if any. 21. Waiver o.f Hamestead. Borrower hereby waives all right af hamestead exemption in-the Property under state ar Federal law. 22.-Interest Rate After Judgment, Borrower agrees the interest rate'payable after a judgment is entered an the Note or. in an action of martgage fo.reclosure shall be the rate slated in the Note. \ ., '. 'w', \ \ . \ I '1'.1 . ' .._ -0<0 .,..__~__....-~.~r~"'~"'" _-~~'<<.~___:;:=-o.r.:-:.",._,.__,#-.~>_.._."';,".:._",~...t.;..':_.o-~<;~'__~-_: -.;;...;'~_.--.. 03-01-01 MTG PA0012A6 j' " I ~.' 1IIIIIIIIIImllll~lmllllmml.IIII~IIIII' ~H152B010DJ99MTG9000PAOO'2A60MMHEIGES M ORIGINAL BK I 73 J PG,J..9 9$/1 ~ v' ~j -7- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action, ~ ,),k- -' - I hereby certify that the precise address of the Lender (Mortgagee) is: 419 STONEHEDGE DR, SUITE 2 ~ CARLISLE, FA, 17013 On behalf of the Lender. By: ~ Title: A F COMMONWEALTH OF PENN~YLVANIA, MICAL K LEE County ss: CUMBERLAND I, NANCY J, DITZEL a Notary Public in and for said county and state, do hereby certify that ELMER D HEIGES AND PHYLLIS J HEIGES personally known. ~o me t!l be the same person(s) whose name(s) ARE subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that T he Y signed and' delivered the said instrument as THEIR free voluntaryact, for the uses and purposes therein set forth. Given under my hand and official seal, this ..,.; :~f'~~. ~'-;' . ",c'/.;{YLCommission e . : . ~ ~ \"~ttin~i~f - "'0 '. 'rd.Jf.~~""., '~~~~'iji;~1:! (<. .. TAP!A!.SEAl li"~"~, ~~.~~..;..::j)!J~J}Ji; ~W NANCY J. Orrm, Notary PublIc otary b ;;';".;:,' .....~:\~~65'0 g" ", <";: ~~ ,"',' C6Ill:lIe ,,~. Counly C J, DIT L ~.:-.;o . ..:-....,.~.~"I':; ~~.- I ~ . \.I\CIIWvnc:aa.l . , ~::, :*,',i.,'it't. ~",,"'_.J MyCommlsal ThIS instrument was prepared by: , 'fEr f:<: "?6~e:~::~''-':, on ~~~-r ENEFICIAL CONSUMER DISCOUNT CO. i'l.-'~ ~~ ~~"':""''' -~....,,:t_~ c' U.... ::.:;.;ij:1. ..,,:' ;';i,_:'::'~.;. BENEFICIAL MORTGAGE CO, OF PA, M ~10.01': ~~~~~M,"'~'~;.'-P':- , 'i'~ "';;'{4~~~""'l>o lil. (Nome) ""'.i~f~~~~1'i;~~~~'~ ~Hd'sE~~HpR?EI9BI3SUITE 2 ~'i..mt'a_\\~ ..11 (Address) i .~~$f~'! .,~~.j.r 21ST ,20~ D/B/A/ (Space Below This Line Reserved POl' Lender end Recorded Return To: , . Records Processing Services I Cert1.fDj-thLBGto be recorded 577 Lamont Road i~._!!.~~.llIiI~i!!.illl!l.11 .." Recorder of Deed]K 1 73 I PG,I ~9 95 PAOOl2A7 . ,," .;...., EXHIBIT A (PAGE 1) AID PAGE 1066, TAX MAP OR PARCEL 10 NO,: 02-21-0318-130 ,TAX MAP OR PARCEL 10 NO,: 02-21-0318-129 . . - -- -- ~ -- -- .', ---- -- . ---.--.... T Certify th . Tn CU IS to be recorded mberland County P A ~, , J1 I . .T~"'~~ ~ .";. .'_.,~21,:~ ~. _. . - ~ \:' . .." " ......; Recorder of Deeds . "',-... -- IIIIIIIIIIIIIIIIII!IIIIIIIIIIIIIIIIIIIIII MH15260100J99MTG9000PA0012AOOMMHE1GES M ORIGJ~L 8K I 7 3 I PG I 9 9~ ^" (',. ""'-- c--- ~ w i:) <<J ~ "-..I )-., W ~ (') .--' <::::.? 0 c- c:::.! ...., J' -'<"" .-I .'~." e,' ~ --< r1"'"; 0 C0 ~" -'.',- - . . .. , '-'~ r""'j .-'8 \..D .<. ~ ~) ~ ~ \.J--, VI . \ "" \'-> I I .. , SHERIFF'S RETURN - REGULAR CASE NO: 2005-02406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS HEIGES ELMER D ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HEIGES ELMER D AKA ELMER HEIGES the DEFENDANT , at 2020:00 HOURS, on the 7th day of June , 2005 at 160 MARBETH AVENUE CARLISLE, PA 17013 by handing to PHYLLIS HEIGES, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Additional Comments --- 148 REAR NORTH SPRING GARDEN ST IS VACANT, Sheriff's Costs: Docketing Service Affidavi t Surcharge So Answers: 18.00 11.10 ,00 10.00 .00 39.10 r'~"~~~ R. Thomas Kline 06/08/2005 MCCABE WEISBERG Sworn and Subscribed to before By: me this / !JB day of ~~L,~A; P othonotary , ~ .. SHERIFF'S RETURN - REGULAR CASE NO: 2005-02406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS HEIGES ELMER D ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HEIGES PHYLLIS J AKA PHYLLIS HEIGES the DEFENDANT , at 2020:00 HOURS, on the 7th day of June 2005 at 160 MARBETH AVENUE CARLISLE, PA 17013 by handing to PHYLLIS HEIGES a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 148 REAR NORTH SPRING GARDEN STREET IS VACANT, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10,00 .00 16.00 .r~~<<~F R. Thomas Kline 06/08/2005 MCCABE WEISBERG Sworn and Subscribed to before By: me this '" 13~ day of I.)'h' dOl) { A.D. C h;~t~no~I:"', 4f4 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Elmer D. Heiges alk/a Elmer Heiges 160 Marbeth Avenue Carlisle,PA 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs, Nwnber 05-2406 Elmer D. Heiges a/k1a Elmer Heiges Phyllis J, Heiges alk/a Phyllis Heiges NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-10 I O. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Phyllis 1. Heiges aIkIa Phyllis Heiges 160 Marbeth A venue Carlisle, P A 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 05-2406 Elmer D. Heiges aIkIa Elmer Heiges Phyllis J. Heiges a/k1a Phyllis Heiges NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J, McCabe. Esquire at (215) 790-1010, McCABE, WEISBERG AND CONWAY, P,C, BY: TERRENCE J, McCABE, ESQUIRE Identification Nnmber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 05-2406 Elmer D, Heiges aIkIa Elmer Heiges Phyllis J. Heiges alk/a Phyllis Heiges ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 3/26/05 - 7/14/05 TOTAL $103,608.88 $ 3.180,15 $106,789.03 -:;:- ~ <A.. j. //1 r ~.L.A. TERRENCE J, McCABE, ESQUIRE AND NOW, this day of ,2005, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania and against Defendant(s) Elmer D, Heiges aIkIa Elmer Heiges and Phyllis J, Heiges aIkIa Phyllis Heiges and damages are assessed in the amount of$106,789,03, plus interest and costs, BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J, McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/bla Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs, Number 05-2406 Elmer 0, Heiges a/kIa Elmer Heiges Phyllis J. Heiges a/k1a Phyllis Heiges AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service ofthe 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(s), Elmer D, Heiges a/kIa Elmer Heiges and Phyllis J. Heiges a/kIa Phyllis Heiges, is over eighteen (18) years of age, and resides at 160 Marbeth Avenue, Carlisle, PA 17013, '/""'~~ c.-<- tI. 111.~ ~_ TERRENCE J, McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 14th DAY OF July, 2005, TARY PUBLIC J fr'"'~.'1''''''''''''''''''''''c',''''' , 'J' " " [' L_._,,,,_'_,_~,_...,...<,-_ \ I i . \ McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 05-2406 Elmer D. Heiges alkla Elmer Heiges Phyllis J. Heiges alkla Phyllis Heiges CERTIFICATION 1 certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a swn certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe, A true and correct copy ofthe notice pursuant to Pennsylvania Rule of Civil Procedure No, 237.1 is attached hereto and marked Exhibit "A". /~C--</? r'h/~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 14th DAY OF July, 2005, ~ AfVvO.) (J. ~-t~.bU r~ARY PUBLIC . . .... J ~ . t ~! >.:;;'" -, I ""~". ~\~";)r~,d ~-", VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.C.S. Section 4909 relating to unsworn falsification to authorities, -;-<_~ <-<- j.A1r /'~ TERRENCE J, McCABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary June 28, 2005 To: Elmer D. Heiges a1k/a Elmer Heiges 160 Marbeth Avenue Carlisle, PA 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Elmer D, Heiges a1k/a Elmer Heiges and Phyllis J, Heiges a1kJa Phyllis Heiges Cumberland County Court of Common Pleas Number 05-2406 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORT ANTE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 USTED SE ENCUENTRA EN EST ADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPAREC'ENCIA ESeRITA, YA SEA PERSONALMENTE 0 POR ABQGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL 5US DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULAOOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DESIDA DENTRO DE DIEZ (10) DlAS DE LA FECHA DE ESTA NOTIFlCAC10N, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARE('ER USlED EN CORTE U OIR PREUBA AIGUNA, D1CTAR SENTENC(A EN SU CONTRA Y USTED PODRIA PERDER BlENES 1J DTROS DERECHOS 1~1PORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. $1 lJSTED NO IlENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOOAOO. SI USTED NO PUEDEPROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECERLoS SERVICIOS LEGALES A PERSONAS ELEGlBLES EN UN HONORARIO REDUClOO NI NINGUN HONORARIO. -. .' t Cumberland County Bar Associ,ation \J \ 2 Liberty Avenue \ ^ \ Carlisle, PA, 17013 ?,..,j,./ ~ \ \ 1 800-990-9108 r '\\~ You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER ^ WRITTEN APPEARANCE PERSQNALL Y OR BY ATTORNEY AND FILE IN WRITING W(TH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORnI AGAINST you. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NonCE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER ArONCE. IF YOU DO NOT I-IA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SEr FORTH BELOW. TI.llS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IFYOUCANNOT AFFORDTOHIREALAWYER. HIISOFflCEMA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TIlA T MA Y OFFEK LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Terrence J, McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P,c. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJM/cmo OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary June 28, 2005 To: Phyllis J. Heiges aIkIa Phyllis Heiges 160 Marbeth Avenue Carlisle, P A 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Elmer D, Heiges alkla Elmer Heiges and Phyllis J. Heiges aIkIa Phyllis Heiges Cumberland County Court of Common Pleas Number 05-2406 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTlFICACION IMPORT ANTE You ARE IN DEfAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONAllY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET mRTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (I 0) DA YS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA Y BE ENTERED AGAINST YOU WITHOUT AHEARING AND YOU MAY LOSE YOUR PROf>ERTY OR OTHER IMPORT ANT RIGHTS. You SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAYBE ABLE TO PROVIDE YOUWITI-IINFORMATION ABOUT AGENCiES TllATMA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. USTED SE ENCUENTRA EN ESTADO DE REBElD1A POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RAD1CAOO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO, AL NO TOMAR LA. ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y VSTEDPODRIA PERDER BIENES U OTROS DERECHOS IMPORT ANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO JNMEDlATAMENTE, SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPOReJONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO Pl)EDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFfCINA rUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC10N ACERC A DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVIClOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUClDO NI N1NGUN HONORARIO. Cumberland County Bar Association 2 Liberty A venue Carlisle. PA, 17013 800-990-9108 Cumbertand County Bar AssDciatiDn 2 Liberty A venue Carlisle. P A, 17013 800-990-9108 Terrence J, McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.c. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJM/cmo OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary June 28, 2005 To: Phyllis J. Heiges alk/a Phyllis Heiges 148 Rear North Spring Garden Street Carlisle, PA 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs, Elmer D. Heiges alkla Elmer Heiges and Phyllis J, Heiges alkla Phyllis Heiges Cumberland County Court of Common Pleas Number 05-2406 Civil Term NOTICE, RULE 237,5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORT ANTE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WR1TTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MA Y BE ENTERED AOAINSTYOU WITHOUT A HEARING AND YOll MAY LOSEYOURPROPERTY OR OTHER IMPORT ANT RIGHTS. You SHaULDTAKE nus PAPER TO YOUR LAWYER AT ONCE. lp YOU DO NOT HAVE A LAWYER, GO TO OR TElEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH lNFORMI\TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THISOfFtCE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES T/-I.'\T M!\ Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. UsrED SE ENCUENTRA EN ESTADO DE REBEl-DJA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABQGADQ Y paR NO HABER RADICAOO POR ESCRITO CON ESTE TRIBUNAL 5US DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA. ACCION DEBIDA DENTRO DE DIEZ (10) plAS DE LA FECHA DE ESTA NOTIFlC ACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMP ARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICT AR SENTENCIA EN SUCONTRA Y USTED PODRIA PERDER BIENES UOTROS DERECHOS IMPORT ANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDlATAMENTE. 51 USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. EST A OFICINA LO PUEOE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGAOO. $1 USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON JNFORMACl6N ACERC A DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVIClOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDunDO NI N\NGUN HONORARlO. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA. 17013 800-990-9108 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA. 17013 800-990-9108 Terrence J, McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P,C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJM/cmo OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary June 28, 2005 To: Elmer D. Heiges aIkIa Elmer Heiges 148 Rear North Spring Garden Street Carlisle, PA 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs, Elmer D. Heiges alk/a Elmer Heiges and Phyllis J. Heiges alk/a Phyllis Heiges Cumberland County Court of Common Pleas Number 05-2406 Civil Term NOTICE, RULE 237,5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You ARE IN DEFAULT BECAUSE vatl HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ArfORNEY :\ND FILE [N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO TIlE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WIHllN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER ATGNeE. IF YOU DO NOT HAVE ^ LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOLl wrm INFORMATION ABOUT HIRING A LAWYER. IF YOUC'ANNOT AFFORD TO HIREALAWYER, THISOfFfCE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOLJT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELiGIBLE PERSONS AT A REDUCED FEE OR NO FEE. OSTED SE ENCUENTRA EN EST ADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESC'RITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACClON DES IDA DENTRO DE DfEZ (10) DIAS DE LA FECHA DE ESTA NOTtFICAClON, EL TRlBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICT AR SENTENC1A EN SU CONTRA Y USTED PODR1A PERDER BIENES U orROS DERECHOS IMPORTANTES. UsrED LE DEBE TOMAR ESlE PAPEL A SU ABOGADO INMEDIATAMENTE. Sf USTED NO TIENE A UN ABOGADO, V A A 0 TELEFONEA LA OFICINA EXPUSO ABAlO. EST A OFlClNA lO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGAOO. SI USTED NO PUEDEPROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACI6N ACERC A DE LAS AGENC!AS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUClDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty A venue Carlisle. PA. 17013 800-990-9108 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P,C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJM/cmo -b ~ ~ -+- ~() "" , ~ , ....- b l ~ ..L 6' ~ (,.J 0<) \ \ L ~ C) ~~ (~'. t;; ~ i~-: ~..,.., r.'~' n-lp --r'"!rr1 :"oC:J (.n ':2,:) ~_,I~:~~ ;<,nl r',.) :~';~ c:> ~n o .< McCABE, WEISBERG AND CONWAY, P.C, BY: TERRENCE J, MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215 790-1010 Beneficial Conswner Discount Company COURT OF COMMON PLEAS d/b/a Beneficial Mortgage Company of Pennsylvania v. Elmer D. Heiges a/k/a Elmer Heiges and Phyllis J, Heiges a/k/a Phyllis Heiges Cumberland COUNTY Number 05-2406 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 148 Rear North Spring Garden Street, Carlisle, P A 17013 (Tax Parcel #'s 02-21-0318-129 and 02-21-0318-130), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Elmer D. Heiges a/k/a Elmer Heiges Phyllis J. Heiges a/k/a Phyllis Heiges Address 148 Rear North Spring Garden Street Carlisle, PA 17013 148 Rear North Spring Garden Street Carlisle,PA 17013 2. Name and address of Defendants in the judgment: Name Elmer D, Heiges a/k/a Elmer Heiges Phyllis J. Heiges a/k/a Phyllis Heiges Address 148 Rear North Spring Garden Street Carlisle, P A 17013 148 Rear North Spring Garden Street Carlisle,PA 17013 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Address 4, Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Address 419 Stonehedge Drive Suite 2 Carlisle, P A 17013 P,O. Box 8621 Elmhurst, IL 60126 Attn: Al Spears 5, Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Address 148 Rear North Spring Garden Street, Carlisle, P A 17013 P.O. Box 320 Carlisle,PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, P A 17105 1400 Spring Garden Street Philadelphia, PA 19130 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P,O, Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg, Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, Section 4904 relating to unsworn falsification to authorities. July 14,2005 DATE ~"'-"""A"-"'-'--- y. Mr ~-< , ,$ TERRENCE J, McCABE, ESQUIRE Attorney for Plaintiff o (:. .....' <'? ~ <- .-- ;~;;:. -- WI ~~ .-' --:r:<\ '0\(':. -C1\~-) ~,} - C:),l:) ',-,;' (J;'(~') ./)It\ :-A -' -'~ -- t"~ -;'0 ",4 o -- McCABE, WEISBERG AND CONWAY, P,C, BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 05-2406 Elmer D. Heiges alkla Elmer Heiges Phyllis J, Heiges aIkIa Phyllis Heiges NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Elmer D. Heiges aIkIa Elmer Heiges Phyllis J. Heiges aIkIa Phyllis Heiges 160 Marbeth Avenue Carlisle, PA 17013 Your house (real estate) at 148 Rear North Spring Garden Street, Carlisle, PA 17013 (Tax Parcel #02-21-0318-129 and 02-21-0318-130), is scheduled to be sold at Sheriff's Sale on December 7, 2005 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $106,789,03 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due, To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010, 2, You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause, 3, You may also be able to stop the sale through other legal proceedings, You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale, (See the following notice on how to obtain an attorney,) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010, 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010, 4, If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened, 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 0 f"'" 0 c::.:> {:.: (-~ -n c.n ,- .-t r- :r: "t', t~'- r-;l E -,;, p. ~ Ii t::J 0' I'") \ :) C? .. ~,~ .; , C) I)? ;:'~l-n '-~~ -~;::o. r:) ~;rJ (,..) C< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 05-2406 Civil Term Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. AMOUNT DUE: $106,789.03 Elmer D, Heiges aJk/a Elmer Heiges Phyllis J. Heiges aJk/a Phyllis Heiges INTEREST: from 7/15/05 - 12/7/05 Date of Sale $ 2.562.30 at $17.55 Per Diem ATTY'S COMM,: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended, PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property ofthe defendant(s) 148 Rear North Spring Garden Street. Carlisle. P A 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (ifreal estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: r/r'r t 5' I ' Signature:~~""'-f1.~".~ Print Name: TERRENCE J, M~CABE, ESQUIRE Address: 123 S, Broad Street. Suite 2080 PhiladellJhia. PA 19109 Attorney for: Plaintiff Telephone: (215) 7901010 Supreme Court ID No, 16496 f ~ c L: -D ~ ~ f'\ ~ ....... ~1 -9--, ~ ~ ) w tv C<:\ ~ "'\ /'1 L:; ~ ~ ~ .~" ..J V\"'~ o 0 ..... \ () ~ ~ ""-- 0, ' \) ~ ~J r o ~ L B:; o 'Tl <- -t ~ I,; I'::=' rnp:;: ::-Qtj :,;< .L U1 "~:-tCl r', =: :-2 ~s :'.:;rn N >:.; ',~ o ~i~l I'V :.< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY N005-2406 Civil CIVIL ACTION - LAW D/B/A BENEFICIAL MORTGAGE COMPANY OF PENNSYL VANIA Plaintiff (s) From ELMER D, HEIGES AfK!A ELMER HEIGES, PHYLLIS J, HEIGES A/KIA PHYLLIS HEIGES @ 148 REAR NORTH SPRING GARDEN STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNlSHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $106,789,03 L.L..50 Interest FROM 7/15/05 - 12n/05 DATE OF SALE $2,562,30 AT $17,55 PER DIEM Ally's Cornm % Atty Paid $137,10 Plaintiff Paid Date: 7/15/05 Due Prothy $1,00 Other Costs CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name TERRENCE J, MCCABE, ESQUIRE Address: 123 S BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Te1epbone: (215) 790-1010 Supreme Conrt ID No. 16496 McCABE, WEISBERG AND CONWAY, P,C. BY: TERRENCE J, McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Conswner Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs, Number 05-2406 Elmer D. Heiges alk/a Elmer Heiges Phyllis J. Heiges a/k/a Phyllis Heiges AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certifY that on the loth day of October, 2005, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." T~~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS loth DAY OF October, 2005. &u~j,~ rtf~ /LIJ:; NOTARY PUBLIC ' COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chrissandra Shaye Hamilton, Notary Public City of Philadelphia. Phila. County My Commission Expires January 4, 2009 McCABE, WEISBERG AND CONWAY, P,C. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 215 790-1010 Beneficial Consumer Discount Company COURT OF COMMON PLEAS d/b/a Beneficial Mortgage Company of Pennsylvania v. Elmer D. Heiges alkla Elmer Heiges and Phyllis J. Heiges alkla Phyllis Heiges Cwnberland COUNTY Number 05-2406 Civil Term Exhibit A AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 148 Rear North Spring Garden Street, Carlisle, P A 17013 (Tax Parcel #'s 02-21-0318-129 and 02-21-0318-130), a copy of the description of said property is attached hereto and marked as Exhibit "A" I. Name and address of Owners or Reputed Owners: Name Elmer 0, Heiges aIkIa Elmer Heiges Phyllis J. Heiges alkla Phyllis Heiges Robert & Kathy Steele (purchased at tax sale) William & Patricia Hench (purchased at tax sale) Address 148 Rear North Spring Garden Street Carlisle, P A 17013 148 Rear North Spring Garden Street Carlisle, P A 17013 48 Grantham Road DillsburgPA 17019 47 Garland Drive Carlisle P A 17013 2. Name and address of Defendants in the judgment: Name Elmer D, Heiges aIkIa Elmer Heiges Address 148 Rear North Spring Garden Street Carlisle, P A ] 7013 Phyllis J. Heiges alk/a Phyllis Heiges Robert & Kathy Steele (purchased at tax sale) William & Patricia Hench (purchased at tax sale) 148 Rear North Spring Garden Street Carlisle, P A 17013 48 Grantham Road Oillsburg P A 17019 47 Garland Drive Carlisle P A 17013 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Address 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Address 419 Stonehedge Drive Suite 2 Carlisle, PA 17013 ~~RiBit " P.O. Box 8621 Elmhurst, IL 60126 Attn: Al Spears 5. Name and address of every other person who has any record lien on the property: Name None Address 6, Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Address 148 Rear North Spring Garden Street, Carlisle, P A 17013 Domestic Relations Cwnberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau ofIndividual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service P,O. Box 320 Carlisle, P A 17013 Department of Public Welfare P.O, Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O, Box 8486 Harrisburg, P A 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verifY that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to sworn falsification to authorities, October 10, 2005 DATE ----r- /. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff EibdtOb\t f>.. McCABE, WEISBERG AND CONWAY, P,c' BY: TERRENCE J, McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cwnberland County Court of Common Pleas vs. Number 05-2406 Elmer D. Heiges alk/a Elmer Heiges Phyllis 1. Heiges alk/a Phyllis Heiges DATE: October 10,2005 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Exhibit 8 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Elmer D, Heiges alk/a Elmer Heiges and Phyllis 1. Heiges alk/a Phyllis Heiges PROPERTY: 148 Rear North Spring Garden Street, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 7, 2005, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. 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'::..1'1 o -'r-. ::;1 1--; i;T: r:-') C) -i _J -') -j',--,"',', ) r-I ~i -;~-1 ~'J.J .< I'.} (,,-'( C:} COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Robert K & Cathy Steele is the grantee the same having been sold to said grantee on the 7th day ofDec AD., 2005, under and by virtue ofa writ Execution issued on the 15th day of Julv, AD" 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 2406, at the suit of Beneficial C D C dba Beneficial Mtg Co ofP A against Elmer D Heiges aka Elmer & Phvllis J aka Phvllis is duly recorded in Deed Book No. 272, Page 4052. IN TESTIMONY WHEREOF, I have ~eunto set my hand an seal of said office this ff day of ,AD. Recorder of Deeds of , CumbeIIand CounIy, CoIIIoIt, FA . Ion ExpiIvo the FirIt Monday of.lan. -<C 1 0 Beneficial Conswner Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS Elmer D, Heiges alkJa Elmer Heiges and Phyllis J. Heiges alkJa Phyllis Heiges The Court of Common Pleas of Cwnberland County, Pennsylvania Writ No. 2005-2406 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 19, 2005 at I :36 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Elmer D. Heiges a/k/a Elmer Heiges and Phyllis J. Heiges a/k/a Phyllis Heiges, by making known unto Elmer Heiges, personally and husband of Phyllis Heiges, at 160 Marbeth Avenue, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same, Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 11,2005 at 2:54 o'clock P.M" he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Elmer D. Heiges alkJa Elmer Heiges and Phyllis J. Heiges a/k/a Phyllis Heiges located at 148 Rear North Spring Garden Street, Carlisle, Pennsylvania, according to law. R, Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Elmer D. Heiges a/k/a Elmer Heiges and Phyllis J. Heiges a/k/a Phyllis Heiges, by regular mail to their last known address of 160 Marbeth A venue, Carlisle, PA 17013. These letters were mailed under the date of October 06,2005 and never returned to the Sheriff's Office. R, Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cwnberland County, Pennsylvania on December 7,2005 at 10:00 o'clock A.M, He sold the same for the swn of$59,800.00 to Robert K. Steele. It being the highest bid and best price received for the same, Robert K. Steele of 48 South Grantham Road, Dillsburg, P A 17019, being the buyer in this execution, paid to SheriffR. Thomas Kline the swn of $63,868.20. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed $30.00 1,196,00 30.00 30,00 30.00 Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 10,00 .50 1.00 14.40 2.33 30.00 40,00 1.11 557.00 425,78 20.89 25.00 39.50 $2,483.51 Sworn and subscribed to before me 2006, A.D. Protho /~~ ~ , ~ &tI , R. Thomas Kline, Sheriff BY )0 dz{ J mitt) Real Estate Sergeant ~~;J-- ",.0 :) c. ~i) I. li>2.~' d <,.'1 '-\ J r3:lOl.u dCw' ,. " McCABE, WEISBERG AND CONWAY, P,c., BY: TERRENCE J, MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v, Elmer D. Heiges aJk/a Elmer Heiges and Phyllis 1. Heiges aJk/a Phyllis Heiges Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 05-2406 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J, McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 148 Rear North Spring Garden Street, Carlisle, P A 17013 (Tax Parcel #'s 02-21-0318-129 and 02-21-0318-130), a copy of the description of said property:iS ,,_ c..., "-" attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Elmer D. Heiges alkla Elmer Heiges Phyllis J, Heiges alkla Phyllis Heiges Address 148 Rear North Spring Garden Street Carlisle, PA 17013 148 Rear North Spring Garden Street Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Name Elmer D, Heiges alkla Elmer Heiges Phyllis J, Heiges aJk/a Phyllis Heiges Address 148 Rear North Spring Garden Street Carlisle, P A 17013 148 Rear North Spring Garden Street Carlisle, PA 17013 ~-~: r' en ,,) o c) -n --4 :-1:::-,-1 nl..- ,- I"'"; ;.:-) , .' 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Address 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Address 419 Stonehedge Drive Suite 2 Carlisle, PA 17013 P.O, Box 8621 Elmhurst, IL 60126 Attn: Al Spears 5. Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Address 148 Rear North Spring Garden Street, Carlisle, PA 17013 P,O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, P A 17105 1400 Spring Garden Street Philadelphia, PA 19130 r Mc(:ABE, WEISBERG AND CONWAY, P,C: BY: TERRENCE J, McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff I' Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs, Number 05-2406 Elmer D. Heiges a/k1a Elmer Heiges Phyllis 1. Heiges a/k1a Phyllis Heiges '.~,' ,-, <'.-':;0 \. ~ ;,:_) n ..-\ c_ -~- \",: (.1 c." NOTICE OF SHERIFF'S SALE OF REAL PROPERTY C-l TO: Elmer D, Heiges a/k1a Elmer Heiges Phyllis J. Heiges a/k1a Phyllis Heiges 160 Marbeth Avenue Carlisle, P A 17013 /: r:'? (~ -< w l_" ~:'l Your house (real estate) at 148 Rear North Spring Garden Street, Carlisle, P A 17013 (Tax Parcel #02-21-0318-129 and 02-21-0318-130), is scheduled to be sold at Sheriffs Sale on December 7, 2005 at 10:00 a,m, in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $1 06,789.03 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due, To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J, McCabe, Esquire at (215) 790-10 I O. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4, If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with Ihe schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYL VANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Real Estate Sale #28 On September 01, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 148 Rear North Spring Garden Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2005 By: J(,d.JcS~ Real Est;t~Sergeant . ,'. \ I(\i S~~l Iln :t. 0 ':l .. ::'; -'~.,t,',;' ,\ \ !. 'Id;:;(';:;" ~.; :;. , ,j \ -:~, ',; \ :i.:J '., (..,.J'J c:v;J CVi1 ~ (W GV\l " SCHEDULE OF DISTRIBUTION SALE NO. 28 Date Filed: January 06, 2006 Writ No. 2005-2406 Civil Term Beneficial Conswner Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS Elmer D. Heiges aIkIa Elmer Heiges and Phyllis 1. Heiges aIkIa Phyllis Heiges 148 Rear North Spring Garden Street Carlisle, P A 17013 Sale Date: Buyer: Bid Price: December 7,2005 Robert K. Steele $59,800.00 Real Debt: Interest: Attorney Costs: $106,789,03 2,562.30 137.10 Total: $109,488.43 DISTRIBUTION: Receipts: Cash on account (09/01/2005): Cash on account (12/07/2005): Cash on account (12/22/2005): $ 1,500.00 5,980,00 57,888.20 Total Receipts: $65,368.20 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Darlene Moyer, Tax Collector Borough of Carlisle Attorney Terrence McCabe Beneficial Consumer Discount Co. Total Disbursements: Balance for distribution: So Answers: i~~~~/~ R. Thomas Kline Sheriff $ 2,483.51 400.00 1,236.10 1,236.10 628.35 222.41 1,500.00 57,661.73 ($65,368.20) 0.00 '. TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPrED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED, SHERIFF SALE NO, 28 Held Wednesday, December 7, 2005 Date: December 7, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive, Taxes for the current year 2005, WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below, JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded , 2006, in Cumberland County Deed Book , Page RECITAL: TRACT No.1, Being the same premises which the Tax Claim Bureau, conveying the property of Elmer D. Heiges and Phyllis 1. Heiges, his wife, by deed dated November 14, 2005 and recorded December 6, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 272, Page 1143, granted and conveyed to William A. Hench and Patricia J, Hench, The said Tract No, 2 being the same premises which The Tax Claim Bureau conveying the property of Elmer D. Heiges and Phyllis J. Heiges, by deed dated November 14, 2005 and recorded December 6, 2005, in the aforesaid Recorder's Office in Deed Book 272, Page 1140, grantede and conveyed to Robert K. Steele and Cathy A. Steele, OTHER EXCEPTIONS: I, The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company, 2, Rights or claims of parties in possession, if any, other than the owner. 3, Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. '. 4, Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of North Spring Garden Street and in the roadbeds of two unnamed public alleys. 6. Mortgage in the amount of $98,831.00 given by Elmer D, Heiges and Phyllis J. Heiges, his wife, to Beneficial Consumer Discount Company, dated August 21,2001 and recorded August 22,2001 in Mortgage Book 1731, Page 1989 Complaint in mortgage foreclosure filed by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania as Plaintiff against Elmer D, Heiges, also known as Elmer Heiges, and Phyllis J. Heiges, also known as Phyllis Heiges, as Defendants on May 10, 2005, in the Office of the Prothonotary of Cumberland County to File No. 2005-2406, Judgment in the amount of $106,789.03 entered July 15,2005. 7, Mortgage in the amount of $15,000.00 given by Elmer D. Heiges and Phyllis 1. Heiges to Beneficial Consumer Discount Company, dated August 21, 2001 and recorded August 22, 2001, in Mortgage Book 1731, Page 1997. 8. Delinquent real estate taxes turned over to the Tax Claim Bureau in the amount of $795.37 and $2,575,59 as of the date of the subject sale. 9, Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 10, Real estate taxes accruing on and after January I, 2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent . Note: This Title Report shall not be valid or bn:;di until countersigned by an authorized signatorj. REAL ESTATE SALE NO, 28 wrtt No. 2005-2406 Civil Beneficial Consumer Discount Company d Ib I a Beneficial Mortgage Company of Pennsylvanja vs. Elmer D. Heiges ajk/a Elmer Heiges & Phyllis J. Heiges a/k/a Phyllis Heiges Atty.: Terrence J. McCabe LEGAL DESCRlPTION TRACT No. I: ALL THAT CERTAIN lot of ground, situate in the First Ward of the Bor- ough of Carlisle. Cumberland Count- y, Pennsylvania, bounded and de- scribed as follows; BEGINNING at a point on the 16 foot wide alley leading westwardly from North Spring Garden Street between East Louther and East North Streets. which point is 67 feet, more OT less. from the West- ern side of North Spring Garden Streel and at the Northwestern cor- ner of number 148 North Spring Garden Street; thence along said alley, Westwardly 137 feet, more or less, to a 20 foot wide alley running North and South; thence along the lattar alley Southwardly 34 feet, more or less, to a point at other lands now or formerly ofW.N. Hall; thence along the latter land, Eastwardly 137 feet. more or less, to a point. being the Southwestern corner of number 146 North Spring Garden Street: thence along the rear of num- bers 146 and 148 North Spring Garden Street, Northwardly 34 feet, more or lesS, to the place Begin- ning. Being improved with a large frame stable and other buildings. TRACT No.2: ALL THAT CERTAIN lot of ground situate in tile First Ward of the Bor- ough of Carlisle, Cumberland Coun- ty, Pennsylvania, bounded and de- scribed as follows; BEGINNING at a point on an al- ley running North and South be- tween Spring Garden Street and Porter Avenue, which point is also the Southwestern corner of lands now or formerly of C.A. Fitzpatrick, et aI., which pint is also 34 feet South of the intersection of the aforesaid alley at another alley run- ning East and West South or East North Street; Southwardly along the first mentioned alley, 49 feet to a point on the line of land now or for- merly of Brinton F. Forney and wife; Thence Eastwardly along said Forney land, 137 feet to a point on the line of land now or formerly of. Kenneth E. Barrick, et ux; thence Northwardly along the latter land 49 feet to a point on the line or land now or formerly of C.A. Fitzpatrick. et at: Thence Westwardly along the latter land, 137 feet to the place of Beginning. BEING KNOWN AS 148 Rear North Spring Garden Street, Car- lisle, PA 17013. Being the same premises which Anthony C. Mason, by deed dated the 1l/25/1998, and recorded ll/ 25/1998 in the Office of the Record- er in and for Cumberland County in Deed Book 189, Page 1066, granted and conveyed to Elmer D. Heiges a/k/a Elmer Heiges and Phyllis J. Heiges a/k/a Phyllis Heiges, in fee. TAX MAP PARCEL NUMBER: 02- 21-0318-129 and 02-21-0318-130. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Cornrnonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Cornrnonwealth of Pennsylvania, with its principal office and place ofbus1l1ess at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2005. That neither he nor said Company is 1I1terested 111 the subject matter of said pnnted notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimollsly passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy Sworn to and sub me this 23rd day of November 2005 A.D. NOTARIAL SEAL J Terry l. Russell, NOlory Public M;'~oOf Harrisburg. Dauphin County mITl,lSslOn Ex Ire.s June 6 2006 ~ Mambur P J . ,/ 1 ,nsy va, ssocialionofNolaries .' /J/Z~ /() lt4dL< NOT Y PUBLIC My conumSSlOn explres June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE. _ 28 Witt No, 2GD5 _ CIYII Term Beneficial ConsuIMr Discount Company dIbIa _clal Mol'tgage Company of Pennsylvania vi; EIIMr D, Helges eIkIa E11Mr Helges & Phyllla '" Heiges eIkIa Phyllla Heiges Ally: Tenence J. McCabe DESCRIPTION lRACf NO. I: ALL THAT CERTAIN lot of ground. situare in the First Ward of the Borough of Carlisle. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the 16 foot wide alley leading westwardly from North Spring Garden Stteet between East Louther and East North Streets, w~ch point is 67 feet, more or less, from the We<lem ,ide of North Spring G.roen Street and at the Nortbtrestem comer of number 148 North Spring G.utIon S~ the"" along.nd alley, Westwardly 137 feet, more or less. to a 20 foot wide alley ronning.North and South; thence along the latter alley Soumwardly 34 feet, more or less. to a point at other lands now or formerly of WN. Hall; !hence along the latter land, Eastwardly 137 feet, more or less, to a point, being the Southwestern comer of number 146 North Spring Garden Street; thence along, the rear of numbers 146 and 148 North Spring Garden Street, Northwardly 34 feet, more or less. to the place of Beginning. Being improved with a large frame smble and other buildings. TRACf NO. 2'ALL 11IAT CEKI'AIN lot of ground siIuate in 1be FIIS! Waro of 1be Borough of Corlisle, Cumberland, County, l'enmylvania, bounded and dtscribed ~ follows: BEGINNING at a point on an alley running North and South _"'" SM GaoIell _ aod... _, .... pM io ... .. ~_of__or~of C.A,~,"al.._poiJIlis...l4feet _ofthe_ofthe_alIqat IIOtber alley running East and West SoudI of Bast North Street; Southwardly along tbe first mentioned aUey,49 feet to a point on the tine of land now or formerly of Brinton F. Forney and wife; Thence Eastwardly along said Forney land. 137 feet to a point on the line of land now or formerly of Kenneth E. Barrick, et ux; thence Northwardly along the Iatter land 49 feet to a poinl on !be line of land now or formerly of CA. Fitzpatrick, et a1.; Thence Westwardly along lhe ~ttcrland,131feet"tbeplaceofBegioning. BEING KNOWN ,,'148 Reo< North Spriug Gardeo Streel,Carlisle,PA 17013. Being the same premises which Anlhony C. Mosoo. by deed dated 1U25/1998. and recooJed 11125/1998 in the Office of the Recorder in and for Cumberland County in Deed Book 189, Page 1066, granted and conveyed to E1mer D. Heiges aJ kla Elmet Heiges and Phyllis J. Heiges aIkIa Phyllis Heiges, in fee. TAX MAP PARCEL 102-2l-ll3l8-l29 aod 02- 2l-ll318-130. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cwnberland 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: October 14,21,28,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, SWORN TO AND SUBSCRIBED before me this 28 day of October. 2005 ~. ~ ~a1/ r .:.-::..) }T~t~J~'~'.'.-. ,... NOTARIAL SEX LOIS E. SNYDtft Noli1fy Vr ,F,: i C3dbl€: BOlO, Curnt~erl8nd f 1\-;'" Cn'Tl:I1\~sit~(. b:p;!';\ :o,ty); ,:, )ill!:; I..b.V.............__._.",......."' ," ~,,_.. ,,,......._,_.,,".',~ ,- REAL ESTATE SALE NO. 28 Writ No. 2005-2406 Civil Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Elmer D. Heiges a/k/a Elmer Heiges & Phyllis J. Heiges a/kja Phyllis Heiges Atty.: Terrence J. McCabe LEGAL DESCRIPTION TRACT No.1: ALL THAT CERTAIN lot of ground, situate In the First Ward of the Borough of Carlisle. Cumberland County, Pennsylvania. bounded and described as follows: BEGINNING at a point on the 16 foot wide alley leading westwardly from North Spring Garden Street between East Louther and East North Streets, which point is 67 feet. more or less, from the West- ern side of North Spring Garden Street and at the Northwestern cor- ner of number 148 North Spring Garden Street; thence along said alley. Westwardly 137 feet, more or less, to a 20 foot wide alley running North and South; thence along the laHar alley Southwardly 34 feet, more or less, to a point at other lands now or formerly ofW.N. Hall; thence along the latter land, Eastwardly 137 feet, more or less, to a point, being the Southwestern corner of number 146 North Spring Garden Street; thence along the rear ofnum- bers 146 and 148 North Spring Garden Street, Northwardly 34 feet, more or less, to the place Begin- ning. Being improved with a large frame stable and other buildings. TRACT No.2: ALL THAT CERTAIN lot of ground situate in the First Ward of the Bor- ough of Carlisle, Cumberland Coun- ty, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point on an al~ ley running North and South be- tween Spring Garden Street and Porter Avenue, which point is also the Southwestern comer of lands now or formerly of c.A. Fitzpatrick, et aI., which pint is also 34 feet South of the intersection of the aforesaid alley at another alley run- ning East and West South of East North Street; Southwardly along the first mentioned alley, 49 feet to a point on the line ofland now or for- merly of Brinton F. Forney and wife; Thence Eastwardly along said Forney land, 137 feet to a point on the line of land now or formerly of Kenneth E. Barrick, et ux; thence Northwardly along the latter land 49 feet to a point on the line of land now or formerly of C.A. FItzpatrick, et al.; Thence Westwardly along the latter land, 137 feet to the place of Beginning. BEING KNOWN AS 148 Rear North Spring Garden Street, Car- lisle, PA 17013. Being the same premises which Anthony C. Mason, by deed dated the 11/25/1998, and recorded 111 25/1998 in the Office of the Record- er in and for Cumberland County in Deed Book 189, Page 1066, granted and conveyed to Elmer D. Heiges a/k/a Elmer Heiges and Phyllis J. Heiges a/k/a Phyllis Heiges, in fee. TAX MAP PARCEL NUMBER: 02- 21-0318-129 and 02-21-0318-130.