The URL can be used to link to this page

Home My WebLink About05-3108 'McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 Sonth Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Beneficial Consumer Discount Company dlb/a Beneficial Mortgage Company o[Pennsylvania P.O. Box 8621 Elmhurst,IL 60126 v. Diane C. Yost a/k/a Diane C. Holliman alk/a Diane Carol Holliman alk/a Diane Linkchorst Yost 49 Subdivision Road Newville, PA 17241 Attorney for Plaintiff Cumberland County Court of Common Pleas Number oj~ 3/0'6 c.;.;J .J~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against yOll. You are warned that if you fail to do so the case may proceed without YOll and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle. P A. 17013 800-990-9108 A VISa Lc han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas ex~puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de Ja demanda y la notificacion. Haee 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 a las demandas en contra de su persona. Sea avisada que si usted no se defiende, la corte tomara medidas y puede continuar Ja demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas Jas provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades U otras derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDlATAMENTE. SI USTED NO T1ENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGlBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty A venue 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania P.O. Box 8621 Elmhurst, IL 60126 v. Diane C. Yost alk/a Diane C. Holliman alk/a Diane Carol Holliman alk/a Diane Linkchorst Yost 49 Subdivision Road Newville, PA 17241 Attorney for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTION/MORTGAGE FORECLOSURE ]. 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 Diane C. Yost alk/a Diane C. Holliman a/k/a Diane Carol Holliman a/k/a Diane Linkchorst Yost, who is the mortgagor and real owner ofthe mortgaged property hereinafter described, and her last-known address is 49 Subdivision Road, Newville, PA 17241. 3. On 061111200], mortgagor 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 1718, Page 64. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 49 Subdivision Road, Newville, P A ] 724 I. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/20/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest through 05/04/2005 (Plus $ 46.52 per diem thereafter) Attorney's Fee Corporate Advances Cost of Suit Appraisal Fee Title Search $ 154,257.85 $ 24,955.58 $ 7,712.89 $ 594.00 $ 225.00 $ 125.00 $ 200.00 $ 188,070.32 GRAND TOTAL 7. 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. 8. Notice oflntention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under] 2 P A Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $188,070.32, together with interest at the rate of $46.52 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~~~. TERRENCE r'McCABE. ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Helena Agee, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action,____ &nd;('~I(),J (' 1\ CJr"f (1 r , 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. ~4904 relating to unsworn falsification to authorities. \ \ \ \ ~d:tt \f<- ) . -' 1I~1J '_ n4 {O e,. 7//"7/~- - oo-Q '77~5 " '--..:;. RODe:T !"'. ZIEGlEP. R.ECO i'_[j[~ OF DEEDS GUMBERlt.llD COUNTY - PA 'O~ JUN 11 PI'l 3 1f9 711715 I MORTGAGE I D IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 11TH of JUNE Mortgagor, 0 lANE C VOST. WI OOW. AlK/ A 0 lANE C f{)LLI MAN (herein "Borrower") and Mortgagee BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL ~TGAGE CO OF PENNSVLVANIA a corporation organize,hnd-existing-under-the-Iaws-of.-PENNSVLVAN.1A.. .. _ addr~is 419 STONEHEDGE DRIVE, SUITE 2. CARLISLE. PA 17013 (herein "Lender"). 2001 . between the , ._wh~se..; The following paragraph preceded by a checked box is applicable. [!] WHEREAS, Borrower is indebted to Lender in the principal sum of $. 158.315.79 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement dated JUNE 11. 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, dueand payable on JUNE 11. 2031 - D WHEREAS, 'Borrower is indebted to Lender in the principal sum of $ , or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein -Note"), providing for monthly instalIments, 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 ahove and an initial advance of $ TO SECURE to Lender the repayment of (I) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving'Loan Agreement; (3)-the-payment of. 811'other sums,-with interest .thereon, ad"anced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained. Borrower does hereby mortgage, grant and convey .to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: '. - _. ALL THAT CERTAIN PROPERTV SITUATED IN THE TOWNSHIP OF UPPER MIFFLIN IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSVLVANIA. BEING DESCRIBED AS FOLLOWS: LOT 1. PLAN BOO< 44, PAGE 136. BEING MOOE FULLV DESCRIBED IN A DEED DATED 09/04/1996 AND RECffiDED 09/06/1996. AMONG THE LAND RECffiOS D3-DC8NfrFiuED ON ATTACHED EXHIBIT A Im~!ImIWlIIUlllllllm.IIIIIIIIIDllmIUII~lnllllml PADDl2Al -Hl1C1DSSAl99MTG9000PAOOt2A10.~HOLlIMAN liE ORIGINAL liood,tSPACi 64-.. (-"I .....,.., ~I""il' ~ .: <.'1 .. ,\.. 't.. .,' J..J' . '''' ~ _ ~ ~.....;! Exhib\t A . -2- TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents. all of which shall be deemed ro 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: I. Payment of Principal and Interest at Variable Rates. This mortgage secures all payments of principal and interest due on a variable rate loan. T~e conlJ~ct-,ate.o(1),t~est and,payment amounts .. ~-- may.oo su6jecno-cliange as provioea"inthe"Nole. Borrowers shall promptly pay when due all amounts required by the Note. 2. Funds for T81es 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,welfth 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,we1fth of yearly premium installments for hazard insurance, plus one,welfth 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 bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shan 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 pl;;<!g~~~!;\Q.nal...5<;9J!!i~Y}9r.the_s'1f'lls.secur:ed.by .. -- .tliisMoftgage.~~- .~_. . -.... . . If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes. assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground roots 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 fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of 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 PAOOI2A2 Ilmli~llllllllln~U~IUJIIIIII~IIIUIIII.lllmlllmUII~1 MH17C1055Al99MTG9000PA0012A20*MHOllIMAN M ORIGINAL : '.. :"'j. .... J --:~. . BOOX1718PAGt 65 -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 I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage. deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause.to-be-paid.all-taxes,..assessmentscand.othpsharg!<S..fines and im~sitions ~t!ributa1:>le to the Property which may attaiiJ a priority over this Mortgage, and leasehold payments or ground' ren~ -.. .---'----. if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that s'o'Ch 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 to the terms of any mortgage. deed of trust Or other security agreement with a lien which has priority 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 to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments_ 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..planneP. unit .dev,lopment,. the by-laws and regulations of the condominium or planned unit development, and constituent documents:-'.'- . - .' - .. .- .,..'0 -~-... 7. Protection of Lender's Security. If Borrower fails to perform the covenants and 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 PA0012A3 Illimallllmll.II~IWU~II~IIII~mllll~UIIIIIIII MH17C1055Al99MTG900aPAOO 12A30"NHOll I MAN I( ORIGINAL ''''~t \0 3"';\"}.\ >' "'!>-.. ""'. ....~. )1.;,.,' G '800<<1718 rAGE. .. 66 ~' -4- 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspecrions of the Property, provided that Lender shall gi ve 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 prioriry over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner. the liability of the original Borrower and Borrower's successors in interest.1enci.~h~\.!!'Qt_l1er.C5\\!ired._to commence proceedings -~--against"Such"s1fccesoorol'Tef(js~"loeiiienatime'for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. 11. 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 snd 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. \2. 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 itor 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 stare and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall notJimit..the . - applicability.o! Federal law to this Mortgage."lilt1leevent tfiatany'p~ovi'-ion';r' cia;;; ofthi~ M<;rtgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage Or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein. "costs: "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. \4. Borrawer's C<>l'y. Borrower shall be furnished" conformed ropy of the Note and of this Mortgage at the timeo! 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 Pro~rty. 03-01-01 MTG PACOllA4 111111111.111II1111"~U!!llmUIUl.mlm~llll.ilm .H17C1D55Al99MTG9000PA0012A40~.HOLltMAN '" OOIGlNAl . '.\ ~t . : . _'(_'-'~QQl1l"71l~1tGE G? -5- 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an inrerest 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 joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting fro;" the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse 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.describedJn_regula:tions .prescribed by the. Federal Home Loan Bank Board. Borrower shall cause to be submitted information req~i;'ed-bY-- Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower 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 hereof. Such notice shall provide a period of not Jess 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 of such period, Lender may, without further notice or demand on Borrower. invoke any remedies permitted by paragraph 17 hereof. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior tn acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) 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 such breach must be cured; and (4) tbat failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shan 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 ail of the sums secured b{iliis Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including. but not limited to, reasonable attorneys' fees and costs of documentary evidence, 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 L~nder 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 hreaches of any other covenants or 03-01-01 MTG PA0012A5 IIIWIIIDlmIIIIIIIWlnIWII.IIDlIII~IIII"~IIIBIIUIH""11 -H17C1D55AL9~G9000PAOO'2A50W.HOlL1MAN , ORIGINAL A'V"J --'~' 31~1 R ~.~, t J . . llnili1718tAli G8 -'-- " , -6- agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreemcnts of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph ]7 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that rhe lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and ellect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver, As additional sc<:urity hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment_otth~J:roperty, have the right to collect and .... ....~ --.---.. --,-Q" retain such rentsas'they becOme due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the recei ver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually recei ved, 20, Release, Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower, Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 03-01-01 MTG PAOO 12A6~: IIII~ Mlllllllm U~UI~U~lnll.nmllllllllmmlllllll ~"~llIlil"l 'H11C10SSAlS9M1G9000PA0012A60"HOllIMAN J( ORIGiNAl no:" .... .~; "lu-.171e,!GE 69 ~: ./;.. . ! ..":.' ... , . -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 trusr 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 ~cum brance and o! ~ any) sale or other foreclosure action. ..f!./ dtl::U. C. Lft9C7t:. : ~~Ye::T.Nol.~ DIANE C HOLLIMAN -Borrower ~:::;7l:Ia;;;;, . .. . TONY HOLLIMAN ~ Borrower I hereby certify that the precise address of the Lender (Mortgagee) is; 419 STONEHEDGE DR SUITE 2 CARLISLE, PA. 17013 Title; A F County ss: CUMllERLAND On behalf of the Lender. By: COMMONWEALTH OF PENNSYLVANIA, MICAL K LEE I, CURTIS A WERNER a Notary Public in and for said county and state, do hereby certify thar DIANE C YOST A/K/ A DIANE".C'~HOLLIFMAN AND TONY HOLLIMAN personally known to me to be the same person(s) whose namets) 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 voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 11TH day of JUNE ,20~ My Commission e.pires: NOTARIAL SEAL Curtis A Werner. Notary Public South Middleton Twp., County of Cumberland My Commiesion Expires Sept. I, 2004 ,~..,. " /7.. ~ /':'> /1a,,"4' j L-~ """'\ CA/.J -- ~ Notary Public CURTIS A WERNER This instrument was prepared by: BENEFICIAL CONSUMER DISCOUNT CO. D/B/A BENEFICIAL MORTGAGE CO. OF PA, (Namel ~~~~e~;~K?Gr7B~3 SUITE 2 (Addu..) (Space Below This Line Reserved For Lender and RecordeT) Return To; _ Records Processing Services ._ 03-01~Ol MTG 577 Lamont Road -". PAOOl2A7 Elmhurst, IL 60126 Ilmmll~mnlllll~n.I~IIIIIIIIIDlIIII~I~II~I~~m1ll.~II~ *H17Cl055Al99MTG9000PA0012A70W.HOlLIMAN Jf ORIGiNAl ... , ~ W,- Bood718,AGE 70 EXHIBIT A (PAGE 1) OF THE COJNTV AND STATE SET FORTH ABOVE. IN DEED VOLUME 145 AND PAGE 722.. TAX MAP OR PARCEL ID NO.: 44-06-0037-024B ~, ..-- -- -~-'~--- - . _.. ___ .-_ __..r'. _ ~ .---- ----- T Certify this to be recorded In Cumberland County P A m~~ :Y~'L... g~ Recorder of Deeds Book1718PAGt 11 111~~IIIIIIIIRI~II~ln~IIII~!lmlll.IIIIII.UIIIIW~1 _H17Cl055AL99MTG9000PA0012AOO..HOLLIMAN If ORIGINAL . _.~_._- ~f\ -- ~ v, }.> ...l.) ..j f -b '>-- ~ ~ '}... lA ...!l LA ~. ~ U\ ~ o ~.:;~ l".' '- c: ~:\ -<. .....' ...-" ~ o -n ..... (- "':!:.-\'I c:.~ r11 i~= :;,.-- ~'_:V-.; U\ :~:,:~'2~~. '~L.n :i~:{?' '-.,,;" ..,.", "'-j.J tJl :..< c:> ~ McCABE, WEISBERG, CONWAY & WATSON 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 v. DIANE C. YOST A/K/A DIANE C. HOLLIMAN A/K/A DIANE CAROL HOLLIMAN A/K/A DIANE LINKCHROST YOST Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 05-3108 CIVIL PRAECIPE TO VACATE JUDGMENT ~~ v- (}./hl ~---L. , Terrence J. McCabe, Esq. "l"\. <g/ .(:3/0"'- ~ '..1 C2 G: f",I z ~ ......, = = oJ' =' C:: c:., ~ ~::D I=n =Bel 06 :--j -r; -'.~""'"f1 0- :'~~ Q, 5) .< ..", ::r: o o McCABE, WEISBERG, CONWAY & WATSON 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 v. DIANE C. YOST A/K/A DIANE C. HOLLIMAN A/K/A DIANE CAROL HOLLIMAN A/K/A DIANE LINKCHROST YOST Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 05-3108 CIVIL PRAECIPE TO VACATE JUDGMENT Kindly vacate Default Judgment entered on July 25, 2005. -- {} m. ~- .~ / .-'..-"7,,;../1 ~ /-~ /, /" ~--<-- Terrence J. McCabe, Esq. -- \ \ , ... ~ '1~ RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County prothonotary's Office Carlisle, Pa 17013 Receipt Date Rece~pt Time Recelpt No. 8/25/2005 11:26:07 167886 BENEFICIAL CONSUMER DISCOUNT (VS) YOST DIANE C ET AL Case Number 2005-03108 Received of PD ATTY MCCABE JEM Total Non-Cash..... + Total Cash......... + Change. . . . . . . . . . . .. - Receipt total...... 5.00 .00 .00 Check# 65899 5.00 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount JDMT/VACATED 5.00 CUMBERLAND CO GENERAL FUND 5.00 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Diane C. Yost aIkIa Diane C. Holliman alk/a Diane Carol Holliman alk/a Diane Linkchrost Yost 49 Subdivision Road Newville, PA 17241 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 05-3108 Civil Diane C. Yost aIkIa Diane C. Holliman alk/a Diane Carol Holliman aIkIa Diane Linkchrost Yost 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 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 05-3108 Civil Diane C. Yost alkla Diane C. Holliman alk/a Diane Carol Holliman alk/a Diane Linkchrost Yost 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 lnterest from 5/5/05 - 8/9/05 TOTAL $188,070.32 $ 4.512.44 $192,582.76 ~ ~ ""'- (i. /J1 ". ~-<- TERRENCE J. McCABE; ESQUIRE AND NOW, this II 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) Diane C. Yost alk/a Diane C. Holliman alk/a Diane Carol Holliman alkla Diane Linkchorst Yost and damages are assessed in the amount of$192,582.76, plus interest and costs. BY THE PROTHONOTARY: ~IL-~ ~ o C < 1',. , C) {~:: ~~ , ,...., "'" 5; ". c:: C') ~ ~fQ "'nrq :o'r ~~~~ 1:-';, i")- ::::.-.~ '0 -A 'D '< ., ~- -- C? -.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 05-3108 Civil Diane C. Yost a!kJa Diane C. Holliman a!kJa Diane Carol Holliman a!kJa Diane Linkchrost Yost 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 of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant(s), Diane C. Yost alkla Diane C. Holliman a!kJa Diane Carol Holliman alkla Diane Linkchorst Yost, is over eighteen (18) years of age, and resides at 49 Subdivision Road, Newville,PA 17241. -7./~ c..-<-,/ . /YI r c..A~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 9th DAY OF August, 2005. -.--.., ~(/~r~i1 1 ",,, ,.:,1. .:c;J{ ~ ....:_---_...~......... .....'-','-' .,.,...,-_.m'~" ~ cr -e. '8 -- -- q. %~ ~~, .~t- -'("' ~ ;:~~ ::;).. '<.?\ :--0- ~ S -- .' 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 05-3108 Civil Diane C. Yost alk/a Diane C. Holliman alk/a Diane Carol Holliman alkJa Diane Linkchrost Yost CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney ofrecord, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". --r.-A/1.-'A/O ,,~ y. ,,ffI (' ~A'-< TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 9th DAY OF August , 2005. .\;i:!;!t?3;'3~ VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. -1~c,..(..y./7/7r~ TERRENCE J. McCABE, ESQUIRE ~ c:::;.~ cJ" ? c:: <:;1 c:.: :'?-. ::2. - ~ ::(,-,) r11 f:: -Om :,0'1 ~!\C) :"L:ri :::~J~~ '.:.:.\ ;S ~ -c ::;;: - C> -' OFNCE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 --~..;' -..:. July II, 2005 To: Diane C. Yost alk/a Diane C. Holliman alk/a Diane Carol Holliman alk/a Diane Linkchorst Yost 49 Subdivision Road Newville, PA 17241 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Diane C. Yost alk/a Diane C. Holliman alk/a Diane Carol Holliman alk/a Diane Linkchorst Yost Cumberland County Court of Common Pleas Number 05-3108 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECfIONS TO THE CLAIMS SET FORm AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DA VS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR ornER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BEWW. nus 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 ABom AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PBRSONSAT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A, 17013 800-990-9108 Exhibit A TJMlrda NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADQ DE REBELDIA POR NO HABER PRESENTADD UNA COMPARECENCIA ESCRlTA, YA SEA PERSONALMENTE 0 POR ABOGAOQ Y POR NO HABER RADICADQ POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBIEClONES 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 aiR PREUBA ALGUNA, DlCTAR SBNfENClA EN SU CONTRA Y usren POORIA PERnER DIENES U DTRDS DERECHOS LMPORTANTES. USTEO LE DEBE TOMAR ESTE PAFEL A SU ABOGADO INMEDIATAMENTE. 81 UsrED NO TIENE A t1N ABOOADO. VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFJClNA LO PUBDE PROPORCJONAR CON INFORMACI6N ACERCA DE EMPLEAR A UN ABOGAOQ. 81 USTED NO PUBOE PROPORCIONAR PARA EMPLEAR UN ABOGADO. ESTA OFICINA PUBDE SER CAPAZ DE PROPORCIONARLO CON INFORMACI6N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER WS SERVlCJOS LEGALES A PERSONAS ELEGlBLES EN UN HONORARIa REDUClDO NI N1NGUN HONORARlO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (") ....., 0 =' ~ c" = -f1 ~ ~" ;~.:-, <.;'f' , P" s! c.:: r11~ G> ~ - -om -.,Q , - 6~ r "'-' - / __{'"i ...,., (~) ::,J €' ~ \ :~ c -"'" _:-:-,C) --..1 y' C~ - cjrn ~ 2;': -\ .]..~ \,..,,\ ..-' 0 ~ -\ ....1.. -' l\ -t. (" \ 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. Diane C. Yost a!k/a Diane C. Holliman a/k/a Diane Carol Holliman a/k/a Diane Linkchorst Yost Cumberland COUNTY Nwnber 05-3108 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: 49 Subdivision Road, Newville, P A 17241 (Tax Parcel #44-06- 0037 -024-B), 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 Diane C. Yost aIkIa Diane C. Holliman aIkIa Diane Carol Holliman a!k/a Diane Linkchorst Yost Address 49 Subdivision Road Newville, P A 17241 2. Name and address of Defendants in the judgment: Name Diane C. Yost aIkIa Diane C. Holliman aIkIa Diane Carol Holliman aIkIa Diane Linkchorst Yost Address 49 Subdivision Road Newville, P A 17241 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 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 Altn: AI 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 Address 49 Subdivision Road, Newville, PA 17241 P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, P A 17105 Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, P A 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 ofl8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August 9, 2005 DATE r-/ ~c-<.-p.;t1r ~ TERRENCE 1. McCABE, ESQUIRE Attorney for Plaintiff (") ~~? i,--~ ~ b c.T' :0'" c:: cn (0 _ ~.::-~ ~::'". ,~( - - ~ ..4 :J::-n 1"11 F- :?\ \? ?-.J,C? "',".'1, ~\. -i1 (~)-C) .":1' , .-'--..n 2, '25 .~ -0 -.,.. - o ..0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION FILE NO.: 05-3108 Civil Civil Term Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. AMOUNT DUE: $192,582.76 Diane C. Yost a!kla Diane C. Holliman aIkIa Diane Carol Holliman aIkIa Diane Linkchrost Yost INTEREST: from 8/10/05 - 1217105 Date of Sale $3.799.20 at $31.66 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 forreal 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 foJlowing described property of the defendant(s) 49 Subdivision Road. Newville. P A 17241 (More fuJly 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 gamishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). (Indicate) Index this writ against the gamishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: q/q /1) <; I ' Signature:,"! .........~~ f} /11,. iJ-<- Print Name: TERRENCE J. M6CABE, ESQUIRE Address: 123 S. Broad Street. Suite 2080 Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ill No. 16496 0 ';j, q. t ~ ~; 'fJ, '%,~ <\ *'i -~... ;- ~ \:I"~ ' G"J -08 , -. ./. - -0 c.:;";'-, - "'0 - ~ '2;,:~..,-\ ~ \~~~ ~.: _,I.--"l"' ~ ..., C'B ~ ,-"~r -;;.: 7- l J ..c: ;?'~::~' - 6i"l'\ -\ ;? -c>. l...I ....\ \~ --. - ~~ .4 - ...J ~ '\ (\ \\ . ~ i:>- t- --- ~ w "'\~ t 0 ~~~ "><\ U\ \XI . ~ CJ ~ ~\ WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-3108 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPANY OF PENNSYL VANIA Plaintiff (s) From DIANE C. YOST A/KiA DIANE C. HOLLIMAN AIKiA DIANE CAROL HOLLIMAN AIKlA DIANE LINKCHROST YOST (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION ATTACHED. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing rhereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone orher than a named garnishee, you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated. Amounr Due$192.582.76 L.L..50 Interest FROM 8/10105 - 12n/05 DATE OF SALE $3,799.20 @ $31.66 PER DIEM Atty's Comm % Due Pro thy $1.00 Atty Paid $130.84 Plaintiff Paid Date: 8/12105 Other Costs (Seal) CURTIS R. LONG ProthOjY. ~ By: t. 0.. r!f- Deput REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S BROAD STREET SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790 1010 Supreme Court ID No. 16496 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: Diane C. Yost aIkIa Diane C. Holliman aIkIa Diane Carol Holliman aIkIa Diane Linkchorst Yost 49 Subdivision Road Newville, PA 17241 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas v. Diane C. Yost aIkIa Diane C. Holliman aIkIa Diane Carol Holliman aIkIa Diane Linkchorst Number 05-3108 Civil Term Yost and Tony Holliman - signed Note only NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curt Long Prothonotary ..x..- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esauire at (215) 790-1010. 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 Cornmon Pleas v. Diane C. Yost a/k/a Diane C. Holliman a/k/a Diane Carol Holliman a/k/a Diane Linkchorst Yost and Tony Holliman - signed Note only Number 05-3108 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF .JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: TOTAL $ 188,070.32 $ 3,582.04 $ 191,652.36 Principal Interest from 05/05/2005 - 07/21/2005 JM'r,L~ ~ /X-d('.d-U- TERRENCE J. Mc E, ESQUIRE AND NOW, this o1$--l~ay ofJJ'-f ,2005, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgagt: Company of Pennsylvania, and against Defendants, Diane C. Yost a/k/a Diane C. Holliman a/k/a Diane Carol Holliman a/k/a Diane Linkchorst Yost, and Tony Holliman - signed Note only, and damages are assessed in the amount of $191,652.36, plus interest and costs. ~THE PROTHONOTARY: t .I~/i ) ~::J:/1t 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 v. Diane C. Yost aJkJa Diane C. Holliman aJkJa Diane Carol Holliman aJkJa Diane Linkchorst Yost and Tony Holliman - signed Note only Number 05-3108 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTYOFPmLADELPIDA The undersigned, being duly sworn according to law, deposes and says that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Diane C. Yost aJkJa Diane C. Holliman aJkJa Diane Carol Holliman aJkJa Diane Linkchorst Yost, is over eighteen (18) years of age and resides at 49 Subdivision Road, Newville, PAl 7241; and that the Defendant, Tony Holliman - signed Note only, is over eighteen (18) years of age and resides at 49 Subdivision Road, Newville, PA, 1724 I. SWORN TO AND SUBSCRffiED BEFORE ME TIllS 21st DAY OF JULY, 2005. ~0U~ jf /l-t'f/Lk TERRENCE J. Mc'CABE, ESQUIRE Attorney for Plaintiff ~"J -..z. .!.- T. W.......,NIIc atrofPbiladelphi-. "'r ",li County My _mimoll expir<lllMmbor 22, 200~ ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCEJ.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. Diane C. Yost a!kJa Diane C. Holliman a!kJa Diane Carol Holliman a!kJa Diane Linkchorst Yost and Tony Holliman - signed Note only Attorney for Plaintiff Cumberland County Court of Cornmon Pleas Number 05-3108 Civil Term CERTIFICATION Terrence J. McCabe, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME TIllS 21st DAY OF JULY, 2005. iA~ ~ qL?s i\RYPUBD .. Lana To ..... - ;;:..L. CiIY.,.""i,.......... . 'lic.., Ml'M".,~""..-...~_ Jn~~;1, I)L t(! ~ TERRENCE J. MtCABE, ESQUIRE Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, CarIislle, P A 17013 Curt Long Prothonotary July 11, 2005 To: Diane C. Yost a/kJa Diane C. Holliman a/kJa Diane Carol Holliman a/kJa Diane Linkchorst Yost 49 Subdivision Road Newville, PA 17241 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Diane C. Yost a/kJa Diane C. Holliman a/kJa Diane Carol Holliman a/kJa Diane Linkchorst Yost Cumberland Counlly Court of Common Pleas Number 05-3108 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIITEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY WSE YOUR PROPERTY OR OTIIER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA, 17013 800-990-9108 Exhibit A TJM/rda NOTlFICACION IMPORTANTE liSTED SE ENCUENTRA EN ESTADQ DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCrA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADrCADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SOYO. 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 USTED PODRIA PERDER BIENES U OTROS DERECHOS IMF'ORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFrCINA EXPUSO ABNO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACI6N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORcrONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAP AZ DE PROPORCIONARLQ CON INFORMACI6N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDQ NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA, 17013 800-990-9108 Terrence ,J. McCabe, Esquire Attorney Ifor Plaintiff McCABE" WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 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. JbritfUU J:' IJL i!e-#-L TERRENCE J. McC ,ESQUIRE ~1 ~ ~ IV' - ~ , , " , "- '\"- \\' ...:) ~ '-..J (::\ -Y.J. 'l b ~ C> ~ ~ ~ , , ;0 ~~~ ,~':_-, 0 .--<, ~TI i=::: .-1 r^- ffi;'J h) :-.,.... en CJ --::-, ("-) '=-:~ l"-.:; ::<; 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 05-3108 Civil Diane C. Yost a!k/a Diane C. Holliman a!k/a Diane Carol Holliman alk/a Diane Linkchrost Yost AFFIDAVIT OF SERVICE 1, 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 "8." :fA . TE EN~E J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS loth DAY OF October, 2005. (!JtwsadKlJ~ ~(f NOTARY PUBLIC COMMONWEALTH OF f!l'ENNaVLVANIA NOTARIAL SEAL Chrissandra Shaye Hamilton, Notary Public City of Philadelphia Phila. County L~~om_l11issl!":5xpl[~s 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. Diane C. Yost a!kla Diane C. Holliman a!kla Diane Carol Holliman aIkIa Diane Linkchorst Yost Cumberland COUNTY Number 05-3108 Civil Term E.xhibit A AFFIDAVIT PURSUANT TO RULE 3129 !, 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: 49 Subdivision Road, Newville, P A 17241 (Tax Parcel #44-06- 0037-024-B), a copy of the description of said property is attached hereto and marked as Exhibit "A.II I. Name and address of Owners or Reputed Owners: Name Diane C. Yost alkla Diane C. Holliman a!kla Diane Carol Holliman alkla Diane Linkchorst Yost Address 49 Subdivision Road Newville, PA 17241 2. Name and address of Defendants in the judgment: Name Diane C. Yost aIkIa Diane C. Holliman a!kla Diane Carol Holliman a!kla Diane Linkchorst Yost Address 49 Subdivision Road Newville, PA 17241 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 '=vhibit A 961 Weigel Drive 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 Address 49 Subdivision Road, Newville, PA 17241 P.O. Box 320 Carlisle, P A 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 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 1400 Spring Garden Street Philadelphia, PA 19130 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 ofI8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. October 10, 2005 1~ DATE TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Cyhibit A McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 05-3108 Civil Diane C. Yost a/kJa Diane C. Holliman a/kJa Diane Carol Holliman alk/a Diane Linkchrost Yost ;; TO: ALL PARTIES IN INTEREST AND CLAIMANTS Exhibitl DATE: October 10,2005 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Diane C. Yost a!k/a Diane C. Holliman a!k/a Diane Carol Holliman a/kJa Diane Linkchorst Yost PROPERTY: 49 Subdivision Road, Newville, PA 17241 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. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ~& , ~, ~& pi& ~& e:- " "0 ~s ~ 1 ~ ~1 ~! . liig! " , %:It _;>:U Pl~l~ ""io- ~~~ ~1 "al'S' ! ~~~ng 1 \ ill "<!l\n \! ~~ 'S ;;,'", :'0000 o .~ ~ '0 E ~ h lhUl WOOOOD "' "' 60 >6 > 300~d1Z lNo<tJ 0311111"1 SOOl ,11:0 80600917000 oOL"ZO $ ~, (;0 ,,::M....oaA.lNlkf ~ ;~. C ~~~..; ~YQ: ~ ~.....FJMl!..-;g ~,:~;J r 8 "'''~ ..~ :tsodS3~'--~?' ~,,-,-,:!.; " ,J /'- ....,''\ ), (~7 \fOOl II 10~~t\,__ ~ ?;;- J~~~ 1<-7,,'i~-:"<RH. ~1''o~ i~l\l t~!'~ ll~~j IU~\ l;{;1 ~..~l ~~lJl jmt !l\h 'I'll \\\i\ \i\\l _Io"~ l ~ , 6' 1 . l!: a . ~ . ~ . E ~ n 0- l o 0- o . 0- ~ = -~ .. .. .. " o d. .s - ~ -: . lC ~ ,.. ~ " i e o u u ;;:0 ~. \ 00 .~ u " !l 0: ! ~! ,; .. ~ ~~~ " " g ~ Q n8~ >' & 0 0 N ~1 $$ - l o "s-..c:: ~ </lQ/N'}~C Ol ~~.s< ~ 'v ~ ~",o- '" ~ ~~U~ g ~i ~ ,.: 1-"'~.' co ~ u~ :~2: \~ g ~'d~"'\: - '" ~ .. ~ '<' ~ '" a-, " ~ %! ~ _N.F:.,; " ~ " .. l ~ 1 1 ~ , u \ <!:l'~ -~ :a~ ~~ %'~ ot wo H n '08 t)~ '4:> e ~ <1.l N ~ tlD> - '8t.=-~", 8~eGl",~ '"ta'i3 ~QO ..if; 'tn:P3 ~ "'- ",,,,''co\!< fi ~-o.~g co c:o'8. o..\,lJ < "g:;; a~ ~- .s< .'!10- > - -- v Zl~~ ~3i ~ va-, v ......:z ~'" ~ g~ '0 ';j Q r- !:Uo- ~-oN'<'{ IlMo- .gi ~ ~ ~.DCQ'" g~o'S ClU~U . ~v .::~ ;;,. g" ~ ~~ 9- 'O~ !:; ~e:V"l< -;aofOo.. .~ \N - ~ x~ o o~ ~ ctl~ o frO \i uoo..;::c . ~ > 11 t €oi:lO vvC/.l~ ~iE5O- "OO'd- -s Ii ~~ ..:ar....v.. ~ ~Jf~ ~G.....p.. Og.\'!~ i1O~ ]0-- o .."" W _0- on,~ -~ :a"" i~ %'~ 8~ ~>> g~ ~e 158 ~ l~8 ~ ~'g~ ~ 8~~ ~ :a1S~ Q... ~~9.N~ <l) vVl <1)''a ~ 5~>3~ j:!.::d:t~'<f(/}U . .~ . ,;: \a ~~:=& ab'StI'.l 00 ~-a'~ ~o~ 'o~'p2'g~ :€k ~ ~~~ t':l ~i-' h=tt:c... 3.-~(/l'e: ~ ~'Ocji.@\! o =-5 0 ,p e ~'t:- .ra s~.""g.\i 8~]$o:l: ~ ." '" '" ~~ ~ ,..;'l '" ~~ ~ ~ .g'a~:2 r-- e:~ bb~~~ ~~e~~c... c: ~p...-<<lOO ~ ~~~a:g ~u .. aCO''!!: ~~::3d~ 0...."'''0::1: ci>v .:9 g 8 g.co !;the "E6'e-fi::: ~~.:5<~ go&.o<( t:: g;~~o.. ~;j ~ ," "Gtn ....O-:.,E ct::'iav'g 0- "'a.;a ~f'"1~ eJi-=s;l s ~r~ g'] .st-'~ct:o.. (! ,-, .~';'::' ,'" ,,_.! :::"';'1 ~i 1 ::;:1 C,'I -.1 -~'1 f'...) , \ Cl .,] C-) .< Beneficial Consumer Discount Company The Court of Common Pleas of d/b/a Beneficial Mortgage Company ofPA Cumberland County, Pennsylvania VS Writ No. 2005-3108 Civil Term Diane C. Yost a!k/a Diane C. Holliman a!k/a Diane Carol Holliman a/k/a Diane Linkchorst Yost Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 15,2005 at 8:04 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Diane C. Yost a/k/a Diane C. Holliman a/k/a Diane Carol Holliman a/k/a Diane Linkchorst Yost, by making known unto Diane Yost, personally, at 49 Subdivision Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2005 at I :50 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 Diane C. Yost a!k/a Diane C. Holliman a/k/a Diane Carol Holliman a!k/a Diane Linkchorst Yost located at 49 Subdivision Road, Newville, 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 defendant, to wit: Diane C. Yost a!k/a Diane C. Holliman a!k/a Diane Carol Holliman a/k/a Diane Linkchorst Yost, by regular mail to her last known address of 49 Subdivision Road, Newville, P A 17241. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Terrence McCabe. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 17.27 15.00 15.00 .50 1.00 26.88 4.42 15.00 20.00 Postage Law Journal Patriot News Share of Bills .74 377.00 337.07 20.89 $880.77 Sworn and subscribed to before me So Answers 2005, A.D. ~~~-t:?~ , R. Thomas Kliue, "Sheriff BY \ I () dll Co" ~ hi- Rea~ " ,,1:> \, . ?.,\clJ I lk..." .'1 n:l3)t, Jtw- 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 Cumberland COUNTY v. Diane C. Yost aJkJa Diane C. Holliman aJkJa Diane Carol Holliman alk/a Diane Linkchorst Yost Number 05-3108 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: 49 Subdivision Road, Newville, P A 17241 (Tax Parcel #44-06- 0037 -024-B), a copy ofthe description of said property is attached hereto and marked as Exhibit "A,'I 1. Name and address of Owners or Reputed Owners: Name Address Diane C. Yost aJkJa Diane C. Holliman alk/a Diane Carol Holliman alk/a Diane Linkchorst Yost 49 Subdivision Road Newville, PA 1724i 2. Name and address of Defendants in the judgment: Name Address Diane C. Yost alk/a Diane C. Holliman a!k/a Diane Carol Holliman alk/a Diane Linkchorst Yost 49 Subdivision Road Newville, PA 17241 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 ofrecord: 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 961 Weigel Drive 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 Address 49 Subdivision Road, Newville, P A 17241 P.O. Box 320 Carlisle, P A 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, P A 17105 . Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service 1400 Spring Garden Street Philadelphia, P A 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, P A 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, P A 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 ofl8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August 9, 2005 DATE ~..</7~ ~ y, ;1/l" ~'- TERRENCE 1. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelpbia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company dlb/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 05-3108 Civil Diane C. Yost alkJa Diane C. Holliman a!kJa Diane Carol Holliman a!kJa Diane Linkchrost Yost NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Diane C. Yost alkJa Diane C. Holliman alkJa Diane Carol Holliman alkJa Diane Linkchrost Yost 49 Subdivision Road Newville, PAl 7241 Your house (real estate) at 49 Subdivision Road, Newville, PA 17241 (Tax Parcel #44- 06-003 7 -024-B) , 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, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $192,582.76 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: I. 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) 790-10 I O. 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. '" ,. 0 ~ M - (l e--- ("J c.. '-'" ==, -"" ...... =' =' <'-' WRIT OF EXECUTION amI/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005.3108 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA Plaintiff (s) From DIANE C, YOST AfKfA DIANE C. HOLLIMAN A/KIA DIANE CAROL HOLLIMAN AIKIA DIANE LINKCHROST YOST (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION ATTACHED, (2) You are also directed to attach the property of the defendant(s) not levied upon in rhe possession of GARNISHEE(S) as follows: and to notify rhe garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt ro 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 rhe possession of anyone orber 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$192's82.76 L.L..50 Interesr FROM 8/10/05 - 12n/OS DATE OF SALE $3,799.20 @ $31.66 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $130,84 Plaintiff Paid Dare: 8/12/05 Other Costs (Seal) CURTIS R. LONG protho1ry. ~ By: {. D.. ~ Deput REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S BROAD STREET SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790 1010 Supreme Court lD No. 16496 Real Estate Sale # 12 On September 01, 2005 the Sherifflevied upon the defendant's interest in the real property situated in :.'. C--.J Upper Mifflin Township, Cumberland County, P A o ~~' Known and numbered as 49 Subdivision Road, L :::Newville, more fully described on Exhibit "A" <D ~:'" diled with this writ and by this reference incorporated herein. F3 Date: September 0 I, 2005 By: Ijvc14 Ji/vufII Real Estate Sergeant ~ ~ ~ '). THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} 5S Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in rhe Ciry 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 4rh, 1854, and September 18th, 1949, respectively, and all have been continuously published ever SInce; Thar the prinred notice or publication which is securely attached hereto is exactly as printed and published in their regnlar daily and/or Sunday/ Metro editions which appeared in the 25'h day(s) of October and the 1" and 8'" day(s) of November 2005. Thar neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are tme; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Counry of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and s e me this 23rd day of November 2005 A.D. --_. NOTARiAL SEAl Terry l. Russell, Notary Public City of Harrisburg. Dauphin County My Commi on ExplrE'.s June 6, 2006 h Member.Pe sylvenla,. s c1alionoINol"lo. /~~ //~~-r NOTARY PCBLlC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 REAL ESTATE SALE No. 12 WrltNo.~108 CMITerm BenefIcial Consumer Discount COmpany d/b/a BanaftclaJ Mortgaga COmpany of Pennsylvania va Diane C. Yost aIkIa Diana C. Holliman aIkIa DIana Carol HoIUman .... .......... . . Il_ MF-'. ln~ II UICIW'IIDIIo ALL THAT CElttAIN lot of ground _ in Upper Miffiin Township, Cumbaiand County. Penn-sylvania, bounded and described as follows: BEGINNING at.a point on the Northern right- or-way line ofThwoship Rood T-397, thence along landoow or formerly of Kenwood Loah North 33 degrees 00 minutes West 575.98 feet to a point; lhence by same,North 60 degrees 19 minutes 03 seconds East 30000 feet to a point; thence by Lot 2 of said Subdivision Plan, South 33 degrees 08 minntes 39 sccoods 58495 feet to a point; thence along the Nottbern right-of-way line of Township Road T-397 ,Sooth 62 degrees 00 minutes West 302.12 feet to the place of BF.GINNING. CONTAINING 4.00 acres, roore or less, and being Lot No.1 ofSiIbdivisionP1an for VlCtOr E. Whitten, Sr. and Vtctor E. Whitten.Ir. recorded in the Office of the _oflleeds in and for CUmberland County, Peunsy.vania, in Plan Book 44.Page 136. BEING KNOWN AS 49 Subdivision Road, NewviIIe,PA t724\. . BEING the same premises which Shirley Deimler. Executrix of the Eo.... of Robert Lee Yost aIkIa Robert L. Yost, Deceased. by deed dated 9/411996, and recorded 9/611996 in the Office of the R<conlcr in and for Cumb,dand County in Dol:d Book 145, Page 722,granllld and COIlVeyed to ,Diane C. Yost a/kIa ~ C. Holliman aIkIa Diane Carol Holliman aIkIa Diane LinkchorstYost,infee. TAX MAP PARCEL Nmnb<r: 4WIHXl37-024- B. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. 1.1784 COMMONWEALTH OF PENNSYL VANIA 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 Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: 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. J TO AND SUBSCRIBED before me this 28 day of October. 2005 ,<d-::';,d;. ~'I r NOTARIAL SEAL I 01S E. SNYDER. Notary Pul)!ic C~rhsle Boro, Cumberland County ~ My Commission EXJll[b f,bdrS. 2009 J ....."~,,,.._-"'"""''''......,..."'''....,.-.''''~'''....... REAL ESTATE SALE NO. 12 Writ No. 2005-3108 Civil Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Diane C. Yost a/k/a Diane C. Holliman a/k/ a Diane Carol Holliman a/k/ a Diane Linkchorst Yost Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Upper Mifflin Township. Cumberland county, Pennsylvania. bounded and described as follows: BEGINNING at a point on the Northern right-oi-way line of Town- ship Road T -397. thence along land now or formerly of Kenwood Loah North 33 degrees 00 minutes West 575.98 feet to a point; thence by same, North 60 degrees 19 minutes 03 seconds East 300.00 feet to a point; thence by Lot 2 of said Sub- division Plan, South 33 degrees 08 minutes 39 seconds 584.95 feet to a point; thence along the Northern right-of-way line of Township Road T -397, South 62 degrees 00 min- utes West 302.12 feet to the place of beginning. CONTAINING 4.00 acres. more or less. and being Lot No. 1 of Sub- division Plan for Victor E. Whitten, Sr. and Victor E. Whitten. Jr. re- corded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania, in Plan Book 44. Page 136. BEING KNOWN AS 49 Subdivi- sion Road. Newville, PA 17241 Being the same premises which Shirley Deimler. Executrix of the Estate of Robert Lee Yost a/k/ a Robert L. Yost, Deceased, by deed dated the 9/4/1996. and recorded 9/6/ 1996 in the Office of the Re- corder in and for Cumberland County in Deed Book 145, Page 722. granted and conveyed to Diane C. Yost a/k/a Diane C. Holliman a/k/a Diane Carol Holliman a/k/a Diane Linkchorst Yost. in fee. TAX MAP PARCEL NUMBER: 44- 06-0037-024-B.