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Home My WebLink About05-4799 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. Frank D. Earnest 2224 Newville Road Carlisle, P A 17013 and Debra A. Earnest 2224 Newville Road Carlisle, P A 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas Number O~'.- ~7?i c.;u; L'/€P-""l 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 ITRlSt take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court wi theut further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T 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 AVISO Le han demandado a usted en la corte. 8i usted quiere defenderse de estas derrandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la feeha de la demanda y la notificac:ion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forna escrita SUB defensas 0 sus obj eciones alas demandas en contra de su persona. Sea avisado que si listed no se defiende, la corte tomara medidas y puede continuar 1a demanda en contra suya sin previa aviso 0 notificacion. Ademas, 1a 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 1NMEDlATAMENTE. SI USTED NO TlENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue carlisle, PA, 17013 BOO-990-910B 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. Frank D. Earnest 2224 Newville Road Carlisle, P A 17013 Number ()~ - Ccu~L(82..~ and Debra A. Earnest 2224 Newville Road 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 Frank D. Earnest, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 2224 Newville Road, Carlisle, P A 17013. 3. The Defendant is Debra A. Earnest, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 2224 Newville Road, Carlisle, PA 17013. 4. On 01/30/2004, 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 Book1852, Page 4916. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 2224 Newville Road, Carlisle, PA 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/04/2004 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 $ 117,859.79 Interest through 07/27/2005 $ 7,560.45 (Plus $ 24.85 per diem thereafter) Attorney's Fee $ 5,892.99 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 131,863.23 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. ~403) 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 $131,863.23, together with interest at the rate of $24.85 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~11~ TERRENCE. cCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.C.S. 94904 relating to unsworn falsification to authorities. ~~~ Terrence J. MCCabe '- I.{ ;)0 7 c . .. '." I ~ . I '" ..'" "I t.: "I t.JUL~.I'::." I.t I ~.,. 'YfEB 3 PPl 2 f I ~ORTGAGBJIIFEB -9 ~:III: 31 o IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADV ANCES. ROSERT P. ZIEGU'R .f!<:CORDER OF DEEDS "'lr.R "~C ,LAIW CDUIIH-i - . .. 711715 THIS MORTGAGE is made this day 30TH of JANUARV 2004. between the Mortgagor, FRANK O. EARNEST AND DEBRA A. EARNEST. HUSBAND AID WIFE" (herein "Borrower") and Mortgagee BENEfICIAL COOSUMER OlSCWNT COt.lPANV D/B/A BEtEflCIAL ICATGAGE CO OF PENNSYLVANIA a corporation organized and elistlng under the laws of PENNSVLVANIA address is 419 STOOEHEOOE DRIVE. SUITE 2. CARLISLE. PA 17013 (herein "Lender" ). , . whose rliI The following paragraph preceded by a checked bOl is applicable. ~ WHEREAS, Borrower is indebted to Lender in the principal sum of $ 118,787.22 , evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement dated JAIlUARV 30. 2004 and any enensions 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 oot sooner paid, due and payable on FEBRUARV 1. 2034 ; D WHEREAS, Borrower is indebted to Lender in the principal sum of $ , or so much thereof as may be advanced plltSuant 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 10 Lender the repayment of (J) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums. with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUt.lBERLAND Commonwealth of Pennsylvania: TRACT NO.1: ALL THAT CERTAIN LOT OF 6ROJNO SITUATE IN THE TOWNSHIP OF WEST PENNSBCRO. ClJl,f3ERLAND COJNTV, PENNSYLVANIA, BOONJED AND DESCRIBED ~ fOLLOWS. ACCcmlNG TO THE SURYEY MADE BV ROGER ST. GERlolA IN, REG I STEREO SURVEVCJl, ON OCTOOER 15, 1962: BEGINNING AT A POINT IN THE CENTER LINE OF THE 10-2OC~t'I~O ON EXHIBIT A-LEGAL DESCRIPTION , / 1..111111111111111111111.11111111111 ..'1 i. lIEl6875B97t.l97UTG70DDPADOI2E10IUfEARNEST Il OfUGlNAl 1\:'1.tV 1\\) r PAOD12El BK I 8 5 2 PG 4 9 I 6 Exhibit 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 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 lhal lhe property is unencumbered, elcept for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title 10 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 Inlerest at Variable Rates. This mortgage secures all payments of principal and interest due on a variable rale loan. The conlract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the.Note. 2. Funds for TOleS and Insurance. Subject to applicable law and only if requested in writing 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,welfth of yearly premium illS\SlIments for hazard insurance. plus one,we1fth 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 assessmenta and bills and reasonable estimltes 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 ~re 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 tues, assessments, insurance premiums and ground rents. Lender may not charge for so hotding 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 elocution of this Mortgage that interest on the Funds shall be paid to Borrower, snd 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 Lender. together with the future monthly installments of Funds payable prior to the due dates of tales, assessments, insurance premiums and ground rent_, shall elcoed 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 tales, 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 theProperty 10-Z0-03 MTG PA001ZE2 1.11111111.11.111111.11111111111 .El&875997W9~TG1000PA0012f20..EAANEST M aR\G'~l BI( I 0 5 2 PG L; 9 I 7 ~. to _" -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 recci ved by Lender under the Note and paragraphs J 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 Mortcaces and Deed of Trust; Charces; Liens. Borrower shall perform all of BorroWer's obligations under any mortgage, deed of trust or other security agreement with a lien which has prionty over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all t8les, 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. S. Ha.ard Insurance. Borrower shall keep the improvements now etisting 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 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 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 lhe Property is abandoned by Borrower. or if Borrower fails to respond to Lender within 30 days from the.datenotice;s mailed by Lender to Borrower that the insorance 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. Ifthis 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 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. shaUbecome additionalindebteclnessof'Borrowersecured 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. 10-20-03 MTG PA0012E3 1.11111111.11.111111.111111.111 'E16B75B97M9lUTG7000PA0012E30"EARNEST M ORIGINAL BI( I 8 5 2 PG 4 9 I 8 - . . -4- 8. Inspection. Lender may talc:.e or cause to be made reasonable entries upon and inspections 01 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 talc:.ingol the Property, or part thereof, or for conveyance in lieu of condemnation. are hereby assigned and shall be paid to Lender, subje<:t to the termsof any mortgage, deed of trust or other security agreement wi th a lien which has priority over this Mortgage. 10. Bouower Not Released: Forbearance By Lender Not a Waiver. Erteusion of the time ror payment or modification of amorti zation of the sums socured by this Mortgage granted by LendCF-to any successor in interest of Borrower shall not operate to release, in any manner, the liability 01 the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or reluse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of allY demand made by the original Borrower and Borrower's successors in interest. Any lorbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law. shall not bea waiver of or prcclude 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. subje<:t to the provisions of paragraph 16 hereof. All covenants and agreements or Borrower shall be joint and several. Any Borrower who co-signs this Mortgage. but does not execute the Note, Ca) isco-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 Cc) ag~ that Lender and any other Borrower hereunder may agree to ertend, modify, forbear, or malee 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 Borrowe(s interest in the ProjlCrty. 12. Notice. Except for any notice required under applicable law to be given in another manner, Ca) any notice to Borrower provided for in this Martgageshal! 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 pI'Ovided 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 lor in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Se"erability. The applicable law contained in the Note shall control. Where no applicable law is contained therein, the state and locallawsapplicable to this Mortgage shall be the 1awao! the jurisdiction in which the Property i. 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 with applicable law. such conflict shall not affect other provisions of this Mortgage or the Note which can be gi ven effect wi thout the conflicting provision. and to this end the provisions of this Mortgage and the Note aredeclared to be severable. As used herein. "costs," "expenses" and "attorneys' fees" include all sum. to the ertent not prohibited by applicable law or limited herein. 14. Borrower's COpy. Borrower shall be furnished a. conIor.med 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 10.n agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to elecute and deliver to Lender, in a form acceptable to Lender, an assignment of aoy rights, claims or delenses which Borrower may have against ~:~;G~G;:~ililiiiiiiiil.lillhliliiiDiirili~~~~12E4 MEl6875B9~9]MTG700OPAO012E40..e~ST . QRIGI~ BK I 8 52 PE II 9 I 9 __ 10 _, -5- 16. Tnns!er o! 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 joint tenant. (c) the grant of any leasehold interest of three years or )= 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, (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 Qwner of the property. (h) a transfednto .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 new loan were being made to the transteree. 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 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 eIpiration 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. Accelention; Remedies. EIcept 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 tbis Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paraeraph 12 hereof specifying: (I) tbe breacb; (2) tbe action required to cure sucb breacb; (3) . date, not less tb.n 30 days from tbe date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or hefore the date specified in the notice may result in acceleration of the sums secured by this Mortgage. foreclosure by judicial proceeding, and sale of tbe Property. The notice shall furtber inform Borrower of the right to reinstate after acceleration and the rigbt to assert in tbe foreclosure proceeding the Donexistence of a default or any other defeose of Borrower to acceleratioD and foreclosure. If the breacb is Dot cured on or before the date specified in tbe notice. Lender, at Lender's option, may declare all of tbe sums secured by this Mortg.ge to be immediately due and payable witbout further demand and may foreclose this Mortgage by judicial proceeding. Lender sball be entitled to collect in such proceeding all elpenses 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 10-20-03 MTG PAO012E5 1.11111111.11....III.ullumul~111I .E1687589~9~G700OPAO012E50..EARNEST . ORIGI/IW. BK I 8 5 2 PG '-I 9 2 0 - . - -6- agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to. reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of. Rents; Appoilltmenl of Receiver. As additional security hereunder, Borrower hereby assigns to Lender tile rents of the Property, provided that Borrower shall. prior to acceleration under paragraph 17 hereof. in abandonment of tile Property. have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragnph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, talce possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents. including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Leoder 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 stale or Pederallaw. 22. Interest Rate Arter ludgment. Borrower agrees tile interest rate payable afler a judgment is entered.on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. {THIS SPACE INTENTIONALLY LEFT BLANK) 10-20-03 MTG 1.11111111.1111III111111.11111111111 "E1697SB9~9~Gl000PAOOt2E60"MeARNEST ,. ORt GINAL BK 18S2PG4 921 PA0012E6 _". t. .. -7- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the hol der of any mortgage. deed of trust or other encum branee wi th a lien which has priority over this Mortgage to give Notiee to Lender, at Lender's address set forth on page one of this Mortgage. of any default under the superior encumbrance anj! of ", sale or other foreclosure action. ~.Ai/- ~ FRANK D EARNEST - orrower ~fl. Bu.-.--uJ - Borrower DEBRA A 1 hereby certify that the precise address of the Lender (Mortgagee) is: 419 STONEHEDGE DR STE 2, ARLISLE, PA. 17013 On behalf of the Lender. By: COMMONWEALTH OF P I, FLORA M VOGT certify that persona/ly known to me or proven sat.s acton y to Sllme person S whose name s AR~ subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that' ---'f he ---x-signed and delivered the Sllid instrument as THEIR free voluntary aa, for the uses and purposes therein set forth. Given under my hand and official seal. this 30TH day of _ JANUARY , 2ll~. '~~.""'~Q!, expires: NoIarialS<lal l' J &h G m l~jJ . . <.,. FIonI M. Vcgl. NolaIy PubIIo '=I-- L I~{ '.'~':'fl.if.,:~ I My ere..:=; ~ ~ ORA M VOGT Notary P lic .,'Op, ::to:! I -.PtllnsyIvanla_of-' ".J .1." . . . O~ . ..ALTH OF PENNSYLVANIA. County ss: :. 'L9/ a Notary Public in and for said county and state, do hereby .' . Y.I t' personally known to me or proven satisfactorily to be the same person!s) whose name!s) subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that he signed and delivered the said instrument as free voluntsry act. for the uses and purposes therein set forth. Given under my hand and official seal. this EARNEST Title: . A LV lA, CUMBERLAND County ss: a Notary Public in and for said county and state, do hereby day of .2ll_. My Commission expires: Notsry Public This instrument was prepared by: NANCY J DITZEL (Name) STONEHEDGE DR STE 2, CARLISLE, PA. (Add,...) PA0012f7 17013 419 !..IIIIIIIII.II.III.IIII.IIIIIIIII.I~ .E16B75B9nw9~TG7DDOPAODI2E70M.EARNEST . ORICINAl BK I 8 5 2 PG It 9 2 2 -8- (Spa"" Below This Litle ResGned For Lo.dor aad Rooordar) Return To: Records Processing Services S77 Lemont Roed Elmhurst, IL 60126 .. , .... .,' . .., '..1 .. . '. .:~: l.. ~ 10-20-03 MlG 1.11111111.11..11111.1111111111 .E'681S8glMg~G1000PAOO'2E'o-.EARNEST III OR1GI~ BK I 8 52 PG 4 9 2 3 PA0012E! . ..." EXHIBIT A (PAGE 11 CARLISLE-NEWVILLE ROAD (ROJTE 6411 AT COONER OF OTHER LAND OF WILlAM M. HECKEMlffiN. ET UX (LOT NO. 1 IN M HEREINAFTER !oENT I ONED DEED I; Tl-ENCE ALONG SAME. SOOTH '1 DEGREES 30 MINUTES EAST 200 FEET TO AN I RON PIN; Mt<<:E ALONG LAND OF ROOERT G. ~. ET UX, SOOTH 82 DEGREES ao MINJTES WEST 100 FEET TO AN IROO PIN AT CORNER OF LAN) Of JlJ-NiIE W. . ET UX (LOT NO. g IN THE ~EINAFTER !oENTlONED DEED); MNCE AL0N3 SAID lAt() 1)f JlHiNIE W. BEsmE. ET UX. I<<RTH '1 DEGREES 30 WlIfJTES WEST 200 FEET TO A POINT IN THE CENTER LINE OF THE AFa:lESAID PUBLIC ROAD; THENCE ALONG THE CENTER L I HE OF SAID PUlL I C ROAD. tmTH 82 .DEGREES 30 M I NJTES EAST 100 FEET TO A POINT. THE PLACE OF BEGINNING. TAX MAP m PARCEL 10 NO.: 4fH8-1~-OO7 . TAX MAP m PARCEL 10 NO.: <I6-18-'~-011 T Certify this to be recorded In Cumberland County PA ..Y':.'~~~ ~ . .:.'~fo-':"""~" ;~ '\ .,: ,\.~' . ~ Recorder of Deeds 11111111111..1.111111.1111111.11 _et6875997M97MTG700OPA0012EOOMMEARNCST II ORIGINAl BI< 1852PG4924 0 ~ S -p ~ In ~ Ul ~ Ul r--"\ c'. - ( , en ~ \:; \)f "9 (<, 6"- ~ ~ ..c:: ~" .. .- C> :0 J::- . . , . C,'> ':f) 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 v. FRANK D. EARNEST and DEBRA A. EARNEST NUMBER 05-4799 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. /;'..".-y-"" ~~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff n ,..., 0 .:..-::"..::. C t::::,,, -0 (,.,JI = " -i , U' -0 -~, i:.;~) <.n \.D SHERIFF'S RETURN - NOT FOUND CASE NO: '2005~04799 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS EARNEST FRANK D ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT EARNEST DEBRA A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , EARNEST DEBRA A 2224 NEWVILLE ROAD CARLISLE, PA 17013 PER NEIGHBOR, DEFENDANT DOES NOT LIVE THERE. FILED CHAP 7 BKRPTCY CASE #047354 ON 12-10-04. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So ans_~;;~ ~ . / / . :;C~~~p'?--- R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 09/30/2005 Sworn and subscribed to before me of a-t~ this '7...f~ day ~oo,~ ~~fi ~ry7 SHERIFF'S RETURN - REGULAR CASE NO: 2005-04799 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS EARNEST FRANK D ET AL SGT BARRY HORN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EARNEST FRANK D the DEFENDANT at 1350:00 HOURS, on the 30th day of September, 2005 at 959 TRINDLE ROAD CARLISLE, PA 17013 by handing to FRANK EARNEST a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.00 .00 10.00 .00 36.00 .,-~e:P""~" -1~ .....</7 -y..:,:...r. " <i">L':;";'__,~ -'J~- R. Thomas Kline 09/30/2005 MCCABE WEISBERG Sworn and Subscribed to before By: this ~ day of Jutf A.D. me SHERIFF'S RETURN - REGULAR CASE NO: 2005-04799 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS EARNEST FRANK D ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EARNEST DEBRA A the DEFENDANT , at 1020:00 HOURS, on the 13th day of October ,2005 at GIANT FOODS SOUTH SPRING GARDEN ST CARLISLE, PA 17013 by handing to DEBRA A EARNEST a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 4.80 .37 10.00 .00 33.17 ?'~~~ R. Thomas Kline Sworn and Subscribed to before me this 'Ii[: day of r&~ A.D. {~y OFmCE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Frank D. Earnest 959 Trindle Road Carlisle, P A 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 05-4799 Civil Frank D. Earnest Debra A. Earnest NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. ~~J:~ Prothonotary () Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession rfyou have any questions concerning this Judgment, please call Terrence 1. McCabe. Esquire at (215) 790-1010. OFMCE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Debra A. Earnest 2224 Newville Road Carlisle, PA 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 05-4799 Civil Frank D. Earnest Debra A. Earnest NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. ~~~r Prothonotary v 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 05-4799 Civil Frank D. Earnest Debra A. Earnest 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 7/28/05 - 11/ 15/05 TOTAL $131,863.23 $ 2.758.35 $134,621.58 -/". ,,). / /.!J."L4....<:-.VI .:. c- ;:;.'". /J1 (- C-c.-/v<-_ 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) Frank D. Earnest and Debra A. Earnest and damages are assessed in the amount of $134,621.58, plus interest and costs. BY THE PROTHONOTARY: 0~ 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 05-4799 Civil Frank D. Earnest Debra A. Earnest AFFIDA VII 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, Frank D. Earnest is over eighteen (18) years of age, and resides at 959 Trindle Road, Carlisle, P A 17013; and that the Defendant, Debra A. Earnest is over eighteen (18) years of age, and resides at 2224 Newville Road, Carlisle, P A 17013. ~ ~tl1 /~ T'~;~~T ~C E, Es'Q{SlRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 15th DAY OF Nov. ,2005. It TARYPUBLIC. . r' --_..--- ... 1 Il;' "._'y}';,':.:~;~:..._'; .,.;~~.~ 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 05-4799 Civil Frank D. Earnest Debra A. Earnest CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". ,,---- /J ~ / / I" -C--L'I '" 1- ~1 L I!>- 0, 1 (' -t--P'-.l----<_ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 15th DAY OF Nov. ,2005. N TAR Y PUBLIC' ,tR H.:' ;-,~ . ,.. C:i'12' ..;, ~!L~_,~~~r'::~2~: ,_'~::~ ~~\.i.. . ..-,,-. 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. --~~--,"V',-'-(/V~I ,':'''-J ,.';7 - /71 /' ,(.;U/-<- TERRENCE J. McCABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary November 3, 2005 To: Frank D. Earnest 959 Trindle Road, Carlisle, P A 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Frank D. Earnest and Debra A. Earnest Cumberland County Court of Common Pleas Number 05-4799 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAlLED TO ENTER A WRITTEN APPEARANCE PERSONAllY OR BY ATTORNEY AND FILE IN WR!TING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DA IE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT AHEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIREA LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE VOU 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 A venue Carlisle, PA, 17013 800-990-9108 TJM/rda NOTIFIcAcION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBEUJIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONAlMENTE 0 POR ABOGAOO Y POR NO HABER RADICADO paR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA AccrON DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTlFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIAEN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS rMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO rNMEDIATAMENTE. Sr USTED NO TIENE A UN ABOGADO, VA A 0 l TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFIcrNA LO PUEDE . PROPORCIONAR CON INFORMACl6N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAP AZ DE PROPORCIONARLO CON ~:~~~~~I~;~~C:lp s A~..N..~1.1...AS..I~. ~'. U.1E.D~.N. o=~~~~~ REDUCIDO NI NINGUN H( J: ;?:'-'~! ry "', It A ~~~:e~a~~;:u~ntyB JrJl1uJ" 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 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary November 3, 2005 To: Debra A. Earnest 2224 Newville Road Carlisle, P A 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Frank D. Earnest and Debra A. Earnest Number 05-4799 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 PERSQNAlL Y OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST VOU. UNLESS YOU ACT WITHIN TEN (10) DA VS FROM THE DA IE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAlNSTYOUW1THOUT AHEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR lAWYER ATONeE. lFYOD DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THiS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABour AGENCIES TIlATMA Y 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 TJM/rda NOTIFlCAcION IMPORTANTE USTEO SE ENCUENTRA EN ESTADO DE REBElDIA POR NO HABER PRESENT ADO UNA COMP ARECENCIA ESCRIT A, Y A SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBlECIONES A WS RECLAMOS FORMULADOS EN CONTRA suvo. 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 usrED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGAOO INMEDIATAMENTE. 51 USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEOE PROPORCIONAR CON INFORMACl6N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEOE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAP AZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEOEN OFRECER WS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NiNGUN HONORARIO. l " Cumberland County Bar Association 2 Liberty Avenue Carlisle, PAt \7013 800-990-9108 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 -....... ~ -r- f' ~ '" ~' ~ ~ ~. ~ \...\ ----.. '0 '~ c::, r.') ~.::- "" - '* .~~ <C. () ~ ",' ~ ')l... 0', ~ ,.., '(:;" r ',-" ~ ',J " ~?) --?... ~:}- t:?, .-l -,- --('l (11 ;c~~ _'~ \4.~~ -- -' \;2 ':q .~ r"i r- , . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Snite 2080 Philadelphia, PA 19109 (215 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY v. Frank D. Earnest and Debra A. Earnest Number 05-4799 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: 2224 Newville Road, Carlisle, P A 17013 (Tax Parcel #'s 46-18- 1404-007 and 46-18-1404-011), 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 Address Frank D. Earnest 959 Trindle Road, Carlisle, PA 17013 2224 Newville Road Carlisle, P A 17013 Debra A. Earnest 2. Name and address of Defendants in the judgment: Name Address Frank D. Earnest 959 Trindle Road, Carlisle, PAl 7013 2224 Newville Road Carlisle, PA 17013 Debra A. Earnest ... 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 ofthe last recorded holder of every mortgage of record: Name Plaintiff herein. Address 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 Commonwealth of Pennsylvania Bureau ofIndividual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 2224 Newville Road, Carlisle, PA 17013 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 #28060] Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 - ~ Internal Revenue Service Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I veriJY 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. November 15,2005 DATE ----;::-<'--'-'CvtZ<=" 5) /;J;7cC~../-~ TERRENCEi. McCABE, ESQUIRE Attorney for Plaintiff () ("~, c, (-;;) ,.." -t'~ w1 :.--::1 c) -.:.::.: _I ,. r-,J r.~) r"J McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19]09 (2]5) 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 05-4799 Civil Frank D. Earnest Debra A. Earnest NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Prank D. Earnest 959 Trind1e Road Carlisle, P A 17013 Debra A. Earnest 2224 Newville Road Carlisle, PA 17013 Your house (real estate) at 2224 Newville Road, Carlisle, PA 17013 (Tax Parcel #46-18- 1404-007 and 46-18-1404-011), is scheduled to be sold at Sheriffs Sale on March 8, 2006 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor ofthe Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of$134,621.58 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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 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 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. rfthe amount due /Torn the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WIIH 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 OR COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ::~0 <:.:..;> G.l" () '--.i' .--1 -.i~ _.- -' r~? \'...') ".:0 IN"'fHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION FILE NO.: 05-4799 Civil Civil Term Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. AMOUNT DUE: $134,621.58 Frank D. Earnest Debra A. Eamest INTEREST: from 11/16/05 - 3/8/06 $2.500.69 at $22.13 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 of the defendant(s) 2224 Newville Road. 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 (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 ofthe said gamishee(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: Ii tiP /as; I Signature:;:::::;:.v....,'."1'l &<0 V . Ih fCh Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street. Suite 2080 Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 7901010 Supreme Court ill No. 16496 ~~'" '. \ :~ " ,\ ,,~ ':"- "'" (---..:;. --",\ ~ "'.'< ,?'~ , ,., \. "~ '- .~ '1...'1 ""'.J. , (:~, !"'''- ~ , , '" ", \::-',\ <',' ~, r',. " , c, '......~ '-, '- ~~ '~ \ \ ~- ',-, ~~; ',~ .;..'\ (,' '" '::S;:-:.> \,\ I , \ i \'>-, q \ '.'\ '.<1 "'cj ,') ,) .",. t:c-l -:D Y\ '~ l-:' (; .~ ~ .>0... :;;.5- ."" -:::: If'''':" (~ ~.~;) , ., err. c;:~ " ::;:J -- ~". - c:) ..,~: '" T~ _1 .', ", , \',) -,." :~ [' . ,. TRAL'"T HQ. J,: . ALi. TllAT CERTUN LOT OF GIlOUNI> SI'rUIlTE IN THE TOWNSHIP OF BST PENNSBORO, CUMBERLAND COUNTT, PENNSTLVlINIA, BOlJNl)ED AND DESCRIBED AS FOLLOWS, ACCORDING TO '1'BE SURVEY HilDE BY ROGER ST. GERMAIN, IU:GISTEIU:D SURVEYOR, ON ~BER 15,1962: BEGINNING AT A POINT IN '1'BE CENTER LINE OF THE CARLISLE-NEWVILLE ROAD (ROU'l'E 641) AT COIlNER OF OTHER LlIND OF WILLIAM M. HECKENDORN, ET OX (LOT NO. 1 HI '1'BE IlEREINAF'rER MENTIOHED DEED) ; THENCE ALONG SAME, SOOTII 7 DEGREES 30 KINtl'l'ES EAST 200 FEET TO AN IMN PIN; THENCE ALONG LIIND OF ROBERT G. MXJERS, ET OX, SOOTH 82 DEGREES 30 KINU'l'ES BST 100 FEET TO AN IRON PIN AT CORNER OF LlIND OF JOHNNIE W. BESOIU:, ET OX (LOT NO. 3 IN THE HEREINl\FTER MENTIOHED DEED); TIIEIICE ALONG SUD LlIND OF JOlDlNIE W. BESOIU:, ET OX, NORTH 7 DEGREES 30 MINUTES BST 200 FEET TO A POINT IN THE CENTER LINE OF THE AFOIlZSAID P1JBLIC ROAD; THENCE ALONG THE CENTER LINE OF SUD P1JBLIC ROAD, NORTH 82 DEGREES 30 KINU'l'ES EAST 100 FEET TO A POINT, THE PUCE OF BEGINNING. HAVING TIlEREON EIU:CTED A RANCH TYPE DBLLING HOUSE. BEING SUBJECT TO BUILDING AND USE IU:STRICTIONS AS SET FORTH ON PRIOR DEED. TRACT NO.2: ALL TllAT CERTAIN TRACT OF LAND SITUATED IN WEST PEllNSBORO TOIiNSHIP, CUMBE!lLAND COUNTT, PENNSTLVlINIA, N:lI\E PARTICULl\lU.Y BOlJNl)ED AND DESCRIBED IN ACCOIlDANCE WITH A SURVEY BY BOTER-PRICE SURVEYORS, INC.. DATED FEmWAJlY 5,1974, TO WIT: . BEGINNING AT AN IMN PIN SITtlATED AT THE SOllTIIllEST CORNER OF 0'1'BER LllNDS OF THE GlUlNTEE IIII:IU:IN, (WHICH LANDS DE mlU: PARTICULl\lU.Y DESCRIBED IN CUMBERLAND COUNTY RECOIU>ER OF DEEDS OFFICE IN DEED BOOR "G", VOLUME 21, PAGE 897); THENCE ALONG THE SOUTHERN BOUNDARY OF SAID LANDS OF THE GlUlNTEE, NORTH 82 DEGREES 30 KIN11'1'ES EAST 100 FEET ro AN IMN PIN AT CORNER OF LlINDS OF GLENN L. YOUNG, ET OX AND DEWEy CLAPPER; THENCE ALONG LANDS OF DEWEY CLAPPER, SOOTH 7 DEGREES 30 KINU'l'ES EAST 14 7.65 FEET TO AN IMN PIN ON LINE OF LANDS OF JOSEPHINE S. LEIIW\N; THENCE ALONG LllNDS OF JOSEPHINE S. LElDIAN, SOUTH 82 DEGREES 26 KINU'l'ES 40 SECONDS BST 100 FEET TO AN :IRON PIN ON LINE OF LlINDS OF JOSEPHINE S. LEIIW\N AND CORNER OF LANDS OF DEWEY CLAPPER; THENCE ALONG LANDS DEWEy CLAPPER, NORTH 7 DEGREES 30 MINtl'l'ES EAST 147.75 FEET TO AN IMN PIN TIlE POINT AND PLACE OF BEGINNING. CONTAINING 14,770 SQUARE FEET. L BEING KNOWN AS 2224 Newville Road, Carlisle, P A 17013 Being the same premises which Eldon R. Bowers, By his Attorney-in-Fact, Mildred E. Bowers and Mildred E. Bowers, by deed dated the 9/23/1991, and recorded 9/24/1991 in the Office of the Recorder in and for Curnberland County in Deed Book 135, Page 3, granted and conveyed to Frank D. Earnest and Debra A. Earnest, in fee. TAX MAP PARCEL NUMBER: 46-18-1404-007 and 46-18-1404-011 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N005-4799 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Beneficial Consumer Discount Company d/ll/a Bene/icial Mortgage Company of Pennsylvania Plaintiff (s) From Frank D. Earnest and Debra A. Earnes/ (I) You are directed to levy upon the property of the defendant (s)and to sell see legal discription . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARN1SHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee. you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$134,621.58 L.L.$.50 Interest 11/16/05 - 3/8/06 $2,500.69 @ $22.13 Per Diem Ally's Comrn % Due Prothy $1.00 Atty Paid $172.17 Other Costs PlaintitTPaid Date: November 17, 2005 0/h~ Prothonotary.. 7 By: (Seal) Deputy REQUESTING PARTY: Name Terrence J, McCabe, Esq. Address: 123 S. Broad Street, Suite 2080 Philadelphia, P A 19109 Attorney for: Plaintiff Telephone: 215-790-1010 Supreme Court ID No. 16496 ~ .,-", ,?V ^ ; ~ ~-" T' ,-, Hi;. ;:'Jei c,' i::; G:.J:1~; 'i"'I;"';", e. ;- f1...:.79J/J3,! 't~":.;',Z 'J'~ro.""" --- :J;.dul' A anl~:c1S (jff{ l~;;";'.;': ~::'V - - 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. Frank D. Earnest and Debra A. Earnest Number 05-4799 Civil Term AFFIDAVIT PURSUANT TO IWLE 3129 I, Terrence 1. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 2224 Newville Road, Carlisle, PA 17013 (Tax Parcel #'s 46-18- 1404-007 and 46-18-1404-011), a copy of the description of said property is attached hereto and marked as Exhibit "A." l. Name and address of Owners or Reputed Owners: Name Address Frank D. Earnest 959 Trindle Road, Carlisle, PA 17013 2224 New'ville Road Carlisle, P A 17013 EXHIBIT A Debra A. Earnest 2. Name and address of Defendants in the judgment: Name Address Frank D. Earnest 959 Trindle Road, Carlisle, PA 17013 2224 Newville Road Carlisle, PA 17013 Debra A. Earnest 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. Address 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 2224 Newville Road, Carlisle, P A 17013 P.O. Box 320 Carlisle..pA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 EXHIBIT A 1400 Spring Garden Street Philadelphia, P A 19130 6th Floor, Strawbeny Square Department #280601 Harrisburg,PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, P A 17105-8486 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 r:~~~7- uns orn falsification to authorities. January 6, 2006 // ./ . / " . / / / / / Internal Revenue Service DATE Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, P A 19106 TERRENCE J, McCABE, ESQUIRE Attorney for Plaintiff EXHIBIT 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 05-4799 Civil Frank D. Earnest Debra A. Earnest DATE: January 6, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Frank D. Earnest and Debra A. Earnest PROPERTY: 2224 Newville Road, Carlisle, P A 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 8, 2006, at 10:00 a.m. in the Comrnissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthousc, 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. EXHIBIT B \ ' \ .~ -+-~' ." r" v> ~o ~ ~~ 0 "7 8 ,'l3' ~ ~[ '" 3"2. ~ -> "~ , ;:' R " 0 " ,~ N C 0 'ft "~ -gik. ~I ,.,[1 %!;. gi \ ~s Cl o 3 a- " ,~ .'7 .. . ~ . ~ ~ o r ." ~ 3 ~ ~ "" ~ s: o 3 " ~ , , ~ < S 0< , o -;; 'I '"'C~$"""'5' ::::g 2~ (; [3~53 (1, E _.~ .....-w:3 (')- -g..~ce.;;o E':O~ g:<~ ~O"\g'O g :>g~6 ~ -2:g.:4fJ; ~0 ~ O~ 0::r(::.'.::3 :::. 0- ;g 'E,.g ~ ri ~' $3..C7;Q ~ ~ 'J a :<' o g;:gp Ii,', ~-~1- rl~H ~m B~~k rim fi\~ Ui~~ f~~n l~\ 1i~,~ ~-H~ tm ~n~ ii~tl ;f~~f;?~?7 3.~':::3r'B ~ 0:10.< n;:1 g-o~!:;fhS ... ~ 0'< c (f.; ~ ~~~~;:. 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'" ~ ~ ~ "D I h l ~~ NO ...'" za " ~ ~ " so '" .r- n ~- ?r ODOOon 'f,"I;J()()~ l';~ ~oso ,,<.> ;;0:;,:>"" "" ~,~ it,,? ~() .,j ~ g Cl ~ 0 , ~ . 3 g ~ > ~ i < i o 0000;;' ~~~~s gg"3;2;'; ~ ~ ~ g: ~ 6' 3'" R "~ - > r " ~ g ~ ~f ~ ;:; " i ~ '. ~ ~ ;; o > I ...., o ~ , ~ , ~~BS1,Ii~:P- ~s.lsr~~~ ~~;,~~Z-~ W~rg:.~ S; {t~~l ~ :; " n::r: [~ ,,~ ;~ '01><"':'0 ,~). "1A '" <P 'P g .." ,,:f-; 3:''::>0 ):>< (::;;,~. ,...c. - 0 ','" Hi "'~ tJ~. ,t, -"1"1(1"'. ;1J--.J () -" ~ N ::u V1- o o :I-~:O ~ ~:-'N ,,', .~ ,,:<h)- ,.0 ,'.~-\ C r.,' G',~ .::.") ~.- (..,;'\ ~ C) n .., -' -r" , , 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 vs. Frank D. Earnest Debra A. Earnest Cumberland County Court of Common Pleas Number 05-4799 Civil AFFIDA VII OF SERVICE. I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 6th day of January 2006, 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." SWORN TO AND SUBSCRIBED BEFORE ME THIS 6th DAY OF January, 2006. (-i455a~q ;~~ L!~ NOTARY PUBLIC COMMONWEALTH OF PE."iNSYLVANIA NOTARIAL SEAL Chrissandra Shaye Hamilton. Notary Public City of Philadelphia Philo. County I My CommisslOf1 ExpIres January 4, 2009 -<-----_.._~.~... ._-~-_...., / /' / // / . ~NCE ;. McCABE, ESQUIRE /Attorney for Plaintiff . I , , -on ~_ :.-::J ',"i CJ CJ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Beneficial C D C dba Beneficial Mtg Co ofPa is the grantee the same having been sold to said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued on the 17th day of No v, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 4799, at the suit of Beneficial C D C dba Beneficial Mtg Co ofPA against Frank D Earnest & Debra A is duly recorded in Deed Book No. 273, Page 4650. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 10 day of ~ ( , A.D. 0" ~ ~,-rf(~I~ corder of Deeds ty~~'=~~~~o ~ ,'" Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company ofPA VS Frank D. Earnest and Debra A. Ernest In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4799 Civil Term Sgt. Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on December 08, 2005 at 4:10 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Frank D. Earnest, by making known unto Frank D. Earnest, personally at The Cumberland County Sheriff's Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Chief Deputy Ronny Anderson, who being duly sworn according to law, states that on December 13, 2005 at 8:17 o'clock AM, 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 defendant, to wit: Debra A. Earnest, by making known unto Debra A. Earnest, personally, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, 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 January 10,2006 at 9:24 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 Frank D. Earnest and Debra A. Earnest, located at 2224 Newville Road, 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 defendant, to wit: Frank D. Earnest, by regular mail to his last known address of2224 Newville Road, Carlisle, PA I7013. This letter was mailed under the date of January 05, 2006 and never returned to the Sheriffs Office. 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: Debra A. Earnest, by regular mail to her last known address of 1 0 West Pomfret Street, Carlisle, PA 17013. This letter was mailed under the date of January 05, 2006 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, Cumberland County, Pennsylvania on March 8, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Terrence McCabe for Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania. It being the highest bid and best price received for the same, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania of961 Weigel Drive, P.o. Box 8621, Elmhurst, IL .. 60126 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $1,397.89. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 27.41 30.00 30.00 30.00 10.00 .50 1.00 4.40 3.66 30.00 40.00 1.17 593.00 471.20 21.05 25.00 39.50 $ 1,387.89 Sworn and subscribed to before me 2006, A.D. So Answers: .~~~~~ R. Thomas Kline, 'Sheriff BY, ) 0 eLf ,\wU1~ Real Estate Sergeant ~y 3D tnl I, ifO we. 53~~ Ru--. /71 '1 ., ~ McCABE, WEI~BERG 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. Prank D. Earnest and Debra A Earnest Number 05-4799 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 fhe Praecipe for the Writ of Execution was filed fhe following information concerning fhe real property located at: 2224 Newville Road, Carlisle, P A 17013 (Tax Parcel #' s 46-18- 1404-007 and 46-18-1404-011), a copy offhe description of said property is attached hereto and marked as Exhibit "A" I. Narne and address of Owners or Reputed Owners: Narne Address 959 Trindle Road, Carlisle, P A 17013 2224 Newville Road Carlisle, P A 17013 Prank D. Earnest Debra A. Earnest 2. Narne and address of Defendants in the judgment: Name Address Frank D. Earnest 959 Trindle Road, Carlisle, P A 17013 2224 Newville Road Carlisle, P A 17013 Debra A Earnest McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Pbiladelphia, 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 05-4799 Civil Frank D. Earnest Debra A. Earnest NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~ ~ ~ ~ Q C;'" ~- --oi.:\: ?;\. ~ ?-"' -1 ~~~~'- ~ )/.,(- $ -,,:'C \'o:l 'PC: .. Your house (real estate) at 2224 Newville Road, Carlisle, PA 17013 (Tax Parcel tI46-1lj-.) ':Z \'o:l 1404-007 and 46-18-1404-011), is scheduled to be sold at Sheriffs Sale on March 8, 2006 at TO: Frank D. Earnest 959 Trindle Road Carlisle, PA 17013 Debra A. Earnest 2224 Newville Road Carlisle, P A 17013 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$134,621.58 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. Y QU 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.) q. ~~ :9.'23 (:J.o ~-\ -."i :G-T1 .')-. ~~~ 9, -".. ~ .. YOU MAY STILL BE ABL:&TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE I. 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 if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE 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 OR COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYL VANIA 17013 (717) 240-6200 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 TIUlC'1' IIQ . ~ : . ALL 'rlIAi' CER!'ADI LOT 01' GIVJOIlD SI!'Ia'l'I IN 'lSZ !'OIIIlSB:IP OF WES'1' PENHSBORO, <::QNIl"qz.aJa) 00I.lIl'l'T, PENHllTLV>>l:IA, IlOONDED AND DESCRIBED AS FO:LLCMS, lICOORDDlG '1'0 '1'11II: SURVEY MllDE BY ~ Si'. GENfAIN, REGIS'l'ERED SURVEYOR, ON OC'fOBEJl 15,1962: I BEGIRIIIRG Ai' A POIH'l' IN 'fIlE CEIl'rER L:I1lE 01' 'fIlE CARLISLE -IlE1IVILLIIl llOIUl (ROOTE 641) AT CORNER OF 0'fIIII:ll LUIll 01' 'll:ILLIAN M. 1lECD1IDORR, II:'l UX (LOT RO. 1 HZ 'fIlE 1lEREDlAJ"l'EP. MEIl'1'IOHED DEED) ; 'lIIE!lCB ALONG S>>CE, SOO'lI! 7 DEGREES 30 MIlltJ'l'ZS EAS'I.' 200 I'EII:'I.' '1'0 AN IIlOIl PIN; '1'BERCE ALONG LUIll 01' ROBER'l G. N:lOERS, E'I.' UX, SOOTII 82 DEGlUlES 30 MINll'1'II:S lIES'! 100 FEE'1' 'l'O AN DlClN PIN A'I.' CONlllJl OF LUIll OF oJOBRRIE If. BESORE, ET UX (LOT RO. 3 m THE HEREIIlAF'1'IUl MEIl'1'IOHED DEED); '1'IIERCZ ALONG SAID LUIll OF olQlDlIlJ:E If. BESORE, E'I.' OX, 1lOR'I.'B 7 DEG1\EES 30 MIlltJ'l'ZS WES'1' 200 FEJ:T '1'0 A POIR'l' IN '1'IIE CER'lER LDlE OF '111II: U'OllZSAID P'lJBLIC llOIUl; 'fIIERCE ALONG 'l'IIE CEII'I.'ER LIRE OF SA:ID P'lJBLIC llOIUl, RORTH 82 DEG1\EES 30 MDltl'l'ES EAS'1' 100 FEE'1' '1.'0 A POIR'l', 'fIlE PLI\CE OF BEGIRllING. HAVING '1'IIEREON BP.EC'I.'ED A IlAIICII 'l'TPE DWELLING BOUSE. BEIRG SUBJEC'I.' '1'0 BUILDING AND UIE RES'1'lUC'I.'IClNS AS IE'I.' I'OJl'I.'B 011 PIllOR DEED. 'I.'R1lC'1' RO. 2: ALL 'lIIA'I.' CEll'l'ADl 'I.'R1lC'1' 01' LARD SI'I.'UA'I.'ED IN WES'1' PElIRSIlORO !'OIIIlSBIP, CtlMBE1ILl.ND 00I.lIl'l'T, PERllSTLVANIA, M:lI\E PaR'r:Icux.aRLT IlOONDED AND DESCRIBED m ACCOllD>>ICII: 'II:I'I.'B A SURVET BY BOYER-PIllCII: SUl\VETORS, IIlC., DATED I'EIlRDl\RT 5,1974, 'l'O 'II:I'1': .. BEGDUlING AT AN :I1lOIl pm S:I'I.'UA'lZD AT 'fIlE av...........ST CORRZR OF 0'1'BEJl LaRIlS OF 'l'IIE GMH'l'EZ lIII:Rl:m, (1IBICB LUIllS AlUI: H:lRE PaR'rIcux.aRLY DESCRIBED m CUHBERIoaHD COURTY RECOIUlER 01' DEEDS OliT:ICE IN DEED IlOOlt ftGft, VOLOME 21, PAGE 897); 'I.'IIZRCE ALONG 'l'IIE r.ou......>III IIOUIlDl\Rr 01' SA:ID LARDS OF '1'IIE GMH'l'EZ, NOR'I.'II 82 DEGREES 30 MIlltJ'l'ZS EAST 100 FEU 'l'O All J:lU)N PIN AT CORNER 01' LUIllS OF GLERII L. YOUIlG, E'1' UX AND DEWEY CLAPPER; '1'IIERCE ALONG L10RDS OF DEWII:T CLAPPER, IlOO'lH 7 DII:GlUlES 30 MDlU'I.'ES EAST 147.65 I'EJ:'l' '1'0 AN IMtl PIN 011 LDlE 01' L10RDS 01' olOSZPBIRE S. LEBMUI; 'I.'IIEJlCZ ALONG LUIllS 01' .roa:PSua: S. LEmaN, SOOTII 82 DEGIIEES 26 MIlltJ'l'ZS 40 UCOIlDS WES'I.' 100 FEJ:T '1'0 AN Il\OH PIN OK LDlE 01' LUIllS 01' .roa:PHDlE S. LEBMUI AND CONlllJl OF LANDS 01' IlE1IET CLAPPER; 'I.'IIEIICE ALONG LaRIlS DEWET CLAPPER, ROa'rII 7 DEGREES 30 MDlU'I.'ES EAS'I.' 147.75 FEE'1' '1'0 AN DlClN PIN 'fIlE POIH'l' AND PLaCE OF BEGDUlING. COtl'l'AINIRG 14,770 S(lOUZ I'D:T. l BEING KNOWN AS 2224 Newville Road, Carlisle, P A 17013 Being the same premises which Eldon R. Bowers, By his Attorney-in-Fact, Mildred E. Bowers and Mildred E. Bowers, by deed dated the 9/23/1991, and recorded 9/24/1991 in the Office of the Recorder in and for Cumberland County in Deed Book 135, Page 3, granted and conveyed to Frank D. Earnest and Debra A. Earnest, in fee. TAX MAP PARCEL NUMBER: 46-18-1404-007 and 46-18-1404-011 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) . N005-4799 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Beneficial Consumer Disconnt Company dlb/a Beneficial Mortgage Company of Pennsylvania Plaintiff (s) From Frank D. Earnest and Debra A. Earnest (l) You are directed to levy upon the property of the defendant (s}and to seU see legal discription. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as foUows: and to notify the garnishee(s} that: (a) an attachment has been issued; (b) the garnishee(s} is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s} not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him!her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$134,621.58 L.L.$.50 Interest 11/16/05 - 3/8106 $2,500.69 @ $22.13 Per Diem Ally's Comm % Due Prothy $1.00 Ally Paid $172.17 Plaintiff Paid Date: November 17, 2005 Other Costs (Seal) Deputy REQUESTING PARTY: Name Terrence J. McCabe, Esq. Address: 123 S. Broad Street, Suite 2080 Philadelpbia, PA 19109 Attorney for: Plaintiff Telephone: 215-790-1010 Supreme Court ID No. 16496 1"'\ ..'t..! '" ~.': \;' . ..).J Real Estate Sale # 07 On November 30, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Township of West Pennsboro, Cumberland County, PA Known and numbered as 2224 Newville Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2005 By' J od.i.( j rriclh Real Estate Sergeant LZ :( d 9Z MlM '811 Vd 'AlkflDJ @'r\H3lll.m:l .:l.:lIH3HS 3Hl 30331;1;10 (-1 evil c:;nJ c:::::J G=e> WiI , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That 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 true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#7 Sworn to A.D. Terry L. Russell, Notary Public Oty of Harrisburg, Dauphin County My Commission Expires June 6. 2006 tr, Pennsylva aAlloc o'Nolarles NOT Y LlC My commission expires June 6, 2006 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE 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 Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 20, 27, February 3, 2006 Affiant furthcr 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 adveliisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ --- ~ Marie Coyne, Edit r SWO 0 AND SUBSCRIBED before me this 3 day of February. 2006 ~,,~,:"~!~~,<;f#~'A/ 1 I. ,;: ""\~,.".,CAL II II ',' '.' '.,,:>r.:<1 "'^'a^1 p, 'I-,"c ~ ~. ~)"" 1 .\ ' .Jl. .'. ., ",... '. ~ ' : CWT::':f)ir~'J;r'j Count\,! ~ r R , 'I> '1 . . REAL ESTATE SALE 1'l0. 7 Wrtt No. 2005-4799 CMI Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA vs. Frank D. Earnest and Debra A. Earnest Atty.: Terrence. McCabe TRACT NO. 1 ALL that certain lot of ground situate in the Township of West Pennsboro. Cumberland County. Pennsylvania. bounded and de- scribed as follows, accordlng to tbe survey made by Roger St. Germain. Registered Surveyor. on October 15. 1962: BEGiNNING at a point in tbe cen- ter line of tbe Carllsle-Newville Road (Route 641J at comer of otber land of WillIam M. Heckendom. et ux (Lot No. 1 nl tbe hereinafter mentioned deed); thence along same, South 7 degrees 30 minutes East 200 feet to an trOn pin: thence along land of Robert G. Mouers. et ux. SOuth 82 degrees 30 minutes West 100 feet to an iron pin at comer of land of JohnnIe W. Besore. et ux (Lot No.3 in tbe hereinafter mentioned deed); thence along said land of Johnnie W. Besore. et ux. North 7 degrees 30 minutes West 200 feet to a point in the center line of the aforesaid public road; thence along the cen- ter line of said publ1c road, North 82 degrees 30 minutes East 100 feet to a point. the place of begin- ning. HAVING na:aEOl'l EIIBCIED A RANCH TYPE DW1l:UJ1'lO HOUSE. BEfNG SUBJECT TO BUILDiNG AND USE RESTRICTIONS AS SET FORTH ON PRIOR DEED. TRACT NO.2: ALL that certaln tract of land situ- ated in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed in accordance with a sur- vey by Boyer-Price Surveyors. Inc., dated February 5, 1974. to wit: BEGINNING at an iron pin situ- ated at the southwest corner of other lands of the grantee herein, (which lands are more particularly described in Cumberland County Recorder of Deeds Office in Deed Book -G", Volume 21, Page 897); thence along the southern bound- ary of said lands of the grantee, North 82 degrees 30 minutes East 100 feet to an iron pin at corner of lands of Glenn L. Young, et ux and Dewey Clapper; thence along lands of Dewey Clapper. South 7 degrees 30 minutes East 147.65 feet to an iron pin on line oflands of Josephine S. Lehman; thence along lands of Josephine S. Lehman. South 82 degrees 26 minutes 40 seconds West 100 feet to an iron pin on line of lands of Josephine S. Lehman and comer of lands of Dewey Clap- per; tbence along lands Dewey Clap- per, North 7 degrees 30 minutes East 147.75 feet to an Iron pin tbe point and place of beginning. CONTAINING 14,770 SQUARE FEET. BEING KNOWN AS 2224 New- ville Road. Carlisle, PA 17013. Being the same premises whi.Ch Eldon R. Bowers, By his Attomey- in-Fact. Mildred E. Bowers and Mildred E. Bowers, by deed dated the 9/23/1991, and recorded 9/ 241199] in the Office of the Re- corder 1n and for Cumberland Counly in Deed Book 135, Page 3, granted and conveyed to Frank D. Earnest and Debra A. Earnest, In fee. TAX MAP PARCEL NUMBER: 46- 18-1404-007 and 46-18-1404-011.