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Home My WebLink About05-6078McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 Attorney for Plaintiff 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 X151 790-1010 HSBC, a London Corporation, s/b/m/a of Household Finance Consumer Cumberland County Court of Common Pleas Discount Company P.U. Box 8604 Elmhurst, IL 60126 V. Christine R. Brady 154 Lincoln Street Carlisle, PA 17013 Number ~/ ~ ~~ Civ~ I CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been surd in court If you wish to ddcnd against [he oloims set forth in the Following pages, you must Wke action within twenty (20) days after this complaint and notice arc sewed. by entering a written appearance personally or by attorney and tiling in writing with the court your defenses or objections to the claims sd forth against you. You are warned thot if you foil to do so the case may proceed without you and a judgmenlmay be entered against you by thccourt withonl lurthzr notice Ibr nnv 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 'f0 YOUR LAWYER AT ONCE. IF YOU DO NO"I' HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TfIIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 1-IIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES "1'FIAT MAY OFFER LF,GALSERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA, 17f113 8110-990-9108 AVISO Lc ban demandado a usled en la corte. Si ustcd quiere dcfenderse de eslas demandas ex-pues[as en las paginas 5iguientes, used time veintc (20) dial de plazo al partir de la fecha de la demanda }' la nolificacion. Hace fal[a asen[ar una comparencia escri[a o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra do su persona. Sca avisado quc si usted no se defiende, la cone tomara medidas y puede continuer la demanda en contra soya sin prcvio aviso o noti ficacion. Ademas, la corte puede decidir a favor del demandante y reyuicre qua usted eumpla con todas las provisiones de es[a demanda. Usted puede pcrder dinero o sus propicdades u otros dcrechos importantes pare usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTF,D NO PUF.,DE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMATION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland Gwnh~ Bar Association ? Libcrtv Avcnuc Carlisle. ['A, U013 800.990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 HSBC, a London Corporation, s/b/m/a of Household Finance Consumer Discount Company P.U. Box 8604 Elmhurst, IL 60126 Cumberland County Court of Common Pleas v. Christine R. Brady 154 Lincoln Street Carlisle, PA 17013 -, i.. . Number U5'- GO7~' ~-w~--~ CI V I E ACTION/MORTGAGE FORECLOSURE Plaintiff is HSBC, a London Corporation, s/b/m/a ofHousehold Finance ConsumerDisrnunt Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Christine R. Brady, who is the mortgagor and real owner of[he mortgaged property hereinafter described, and her last-known address is 154 Lincoln Street, Carlisle, PA 17013. 3. On 12/21/1998, Christine R. Brady and James W. Brady 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 1507, Page 1138. 4. On 07/02/2001, .lames W. Brady departed this life leaving title vested solely to Christine R. Brady by operation of law. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 154 Lincoln Street, Carlisle, PA 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/06/2004 and each month thereafter arc due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest through 10/06/2005 (Plus $ 20.83 per diem thereafter) Attorney's Fee Corporate Advances Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 152,058.76 $ 38,037.60 $ 7,602.94 $ 100.00 $ 225.00 $ 125.00 $ 200.00 $ 198,349.30 R. The attorney's tees 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. [f the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certiticate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $198,349.30, together with interest at the rate of $20.83 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. 1 ~.._. ~ ; ' `~ ~ ~ r , TERRENCE J. MkCABE, ESQUIRE Attorney for Plaintiff ~ ... VERIFICATION The undersigned, Sylvia Hamdani-Bryant, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, C7J Il°Ul., ~.(J-T- 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. . ~t~,,~LL(~~ ~ red Syl 'a Hamdani-Bryant ^c5~'i ,, 33D3 MORTG AG E IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES ... °.~ THIS MORTGAGEis,gnade [hi5~~y-21~T` of DECEMBER 19 ga. between the Mortgagor, ~..,. JAMES W BRADY CHRISTINE R BRADV herein mower" and ortgagee HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY a corporation organized and existing under t e laws o pENNSVLVAN IA ,whose address is 25 GATEWAY DRIVE, GATEWAY SDUARE/SUITE 107, MECHANI CSBURG, PA 17056 herein " nder" . The following paragraph preceded by a checked box is applicable. WHEREAS, Borrower is indebted to Lender in the principal sum of $ t 59.588.05 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary ortgage an Agreement tad DECEMBER 21 , 1.998 and any extensions or renewals thereof (herein "Note"), providing for monthly installments o pnnclpal and interest, including any adjtstments to the amount of payments or the contract rate if that tau is variable, with the balance of [he indebtedness, if no[ sooner paid, due and payable on DECEMBER 21 . 2028 WHEREAS, Borrower is indebted to Lender in the principal sum of $ , or so much thereof ss may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest et the rate en under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, end providing for a credit limit stated in the principal sum above end an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the wntract rate is variable; (2) tuture advances under any Revolving Loan Agreement; (3) the payment of a]I other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance o[ the covrnanu and agreemrnts of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors end assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF CAR- LISLE. 4TH WARD IN THE COUNTY OF CUMBERLAND ANO COM.IONWEAL TH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A FEE SIMPLE _ GEED GATED 04/14/1976 AND RECORDED 04/1511975, AMONG THE ~ LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN o = . VOLUME 26-A PAGE 80, r'-' n N '- TA% PARCEL ID: D5-20-1788-066 N - .... 3 ;,' c ; N O - W 10-01-98 MTG osmlNaL 1YW®~~~~~~~1~®~~~~,~~~~ PA0012S _ ~ BOUl11rjE1,7PaGCI1~ Exhibit A -z- TOGFTHER with~al1 the improvemrnts now or hereafter erected on the property, end al] easements, rights, appurtenances and rents, aII of which shall be dxmed 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 e leasehold) are hereinafter refereed to as the "Property." Borcowtr covenants that Borcoww is lawfully seised of the estau 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 flat Borrower warcants and will defend generally the title to the Property against all claims and demands, subject to encumbrmces of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest at Variable Raus. This mortgage secures all paymrnts of principal and interest due on a variable rau loan. The contract rau of interest and payment amounts may be subjat to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Nou. 2. Funds for Tsxcs and Ineunnce. 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 Nou, until the No[e is paid in full, a sum (herein "Ponds") egos] to one twelfth of the yeuly taxes and assessments (including condominium and planned unit development esxssmrnis, if any) which may attain priority over this Mortgage sari ground rents on the Property, if say, plus one-twelfth of. yevly premium installmrnte [or hazard insurance, phrs one~welfth of yearly premium ilxstallmenta For mortgage insurance, if any, all as-reasonabFyvtimated ititiatly and Gom time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Horcowcr shall not be obligated u make such payments of Funds to Lender m the ertrnt that Borrower makes such payments to the holder of a prior mortgage or deed o[ true[ it such holds is an irxstitutionil lender. If Borcower pays Funds to I.rnder, the Ponds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal of state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said rases, eesesamrnts, insurance premiums and ground rents. Lender may not charge for tb holding and applying the Funds, amlyzing said account or verifying sari compiling said assessments and bills, uNess Lender pays Borrower interest on the Funds and applicable law permits Lender to make such e charge. Borrower and Lender may agree in xriting at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and udcas such agreement is made or applicebin law requires such interest to be paid, Lender shall >mt be required to pay Borrower any interest or eemiaga on tlw Funds. Lender shell give to Borrower, without charge; an annual -accounting of the Funds showing credits and debirs to the Funds and the purpose Eor which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. It the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of rases, essessmrnts, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such ezcese shall be, at Borrower's option, either promptly repaid m Borrower or credited to Borrower on monthly instalments of Ponds. B the amount of the Funds held by Lender shall not be sufficient to pay taxes, amesamrnts, insurance premiums end grdund rrnis ea they fill flue, Borrower shall pay to ].ender any amount necessary to make up the deficiency is o~ or more payments ae [,ender map require. Upon payment in full of all sums secured by this Mortgage, Lrnder shall promptly refold to Borrower any funds held by Lender. If under paregraph 17 hereof the Property is sold or the Property is otherwise atquitsd by Lrnder, 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. Appliutioo of Payments. Except for loans made pursuant to the Prnneylvanis Consumer Discount Compmy Act, all payments received by Leodu under the Nou and paragraphs I and 2 hereof stall be applied by Lender first in payment of amounts payable to bender by Borower under paragraph 2 heroof, then to inurest, sad than to the principal. 4. Prim Mortgages sad Deed of Trnst; Charges; Liens. Borrower shall perform all of Borrowers obligations wrier 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 6e paid al] Sues, assessments and other charges, fines and impositions attributable to the Property which may attain a prioriTy aver this Mortgage, and leasehold payments tx ground tents, i[ say. 10-Ol-aa MfG miGin4L I®„~®,"~~®,.'~,1„~1 PA0012a2 gooN151?7.-~st1139 _;_ 5. Hazard Iosurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against Toss 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 Borcower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereo[ 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 [hat 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 Mainteaancc of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair end shall not commit waste or permit impeirmrnt or deterioration of the Property and shell comply with the provisions o[ any lease if this Mortgage is on a leasehold. II this Mortgage is on a uniC in acrondominium or a planned unit development, Borrower shall perform all of Borrowei s obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by laws end regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform [he covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which maurially affects Lender's interest in the Property, thrn Lender, et Lender's option, upon notice to Bortower, 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 [he 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 puagraph 7 shall require Lender to incur arty erpense or take any action hereunder. 8. Inspection. Lender may take or cauu to be made reasonable entries upon and inspec[iore of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or pert thereof, or for conveyance in lieu of condemnation, nre hereby assigned end shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not • Wsivcr. Extrnsion of the time for payment or modification of amortisation aP the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in arty manner, the liability of the original Borrower and Borrower s successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to emend time [or payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand mad< by the original Borrower and Borrowers 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 arty such right or remedy. 1l. Sutxeuors sod Assigns Bound; ]oint snd Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the tights hereunder shall inure to, the respective successors and assigns o[ Lender and Borrower, subject to the provisions of perngrnph 16 hereof. A11 covenants and agreements of Borrower shall be joint and several. Any Borrower who cosigns this Mortgage, but does not execute the Note, (a) is co signing this Mortgage only to mortgage, grant snd convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borcower hereunder may agrx to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Horcower's consent and without releasing that Borcower or modifying this Mortgage as to that Borrower's interest in the Property. la-Ol-9a MTG I~It,.^1~1~1^~g~~np111®1~~q0 PA007253 n11GIN4 uN^la rr ww sails "-. i •'r>:• ~ ;; ~ : eouK15~7rItc~1140 _q_ - 12. Notice. Except for any-notice required under appliwblelaw to be given in another manner, (e) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shal(be given by certified mail to Lender's address stated herein or to such other address as Lrnder mny designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower oc Lender whin given in the manner designated herein. 13. Govttaing.Law; Severability. The state and local. laws applicable to this Mortgage shell be the laws of the jurisdiction in which the Property is located. The toregoiag sentence shall not limit the applinbility of Pederal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict sMll sot affect other provisions of this Mortgage or the Note which ran be given effect without the conflicting provision, and to this rnd the provisions of this Mortgage and the Note ere declared to be severable. As used herein, 'costs," "expenses" and "attomcys tees" include all sums to the extent not prohiMted by applicable law or limited herein. 1~. Borrower's Copy. Borrower shall be famished a conformed copy of the Notc and of this Mortgage at the time of execution or after recordation hereof. I5. Rehabilitation Lwa Agreement. Borrower shall fultlll all of Borrower's obligations under any home rehabilitation, improvement, repair, or othtt loan sgreemrnt which Borrower eaters into with Lender. Lender, at Lender's option, may raiuire. Bonowtt '.to :ezectrte aod..deliver to i.eader,.-in a form acceptable to Lender, an a~ignmrnt of any rights. claims or defenses which Borrower may have against parties who supply labor, materials or services in wnnection with improvements made to the Property 16. Transfer of the Property. It Borcowtt sells or transfers all or any part of the Property or an interest therein, ezcluding (a) the creation o[ a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, rm by operation of law upon the death of a joint tenant, (c~ the grant o[ 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 trans[tt to a relative resulting from the death o[ a Borrower, (P) a tranaftt where the spouse or children o[ the Bottower become an owner of the property, (g) a uansftt resulting from a decree of dissolution o[ marriage, legal eeparation agreement, or from an incidental property settlement agreemrnt, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivoe trust in which the Borrowtt is end remains a benetiaery and which does not relate to a transfer of rights of occupancy in the property, a (i) any other trno~tt or disposition described in regulations prescribed by the Federo] Home Loan Bank Board, Borrower shell Huse to bt submitted information required by Lender to evaluate the transferee ea i[ a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lander releases Borrower in writing. [f Lender does not agree to such sale or transfer, Lender may datare all of the sums axured by this Mortgage to be immediately due and payable. It Lender exercises such option to accelerate, Lertdtt shall mail Borrower notice of acceleration in accordance with paragraph l2 hereof. Such notice shall provide a period of no[ leas than 30 days from the date the notice is mailed or delivered within which Borrowtt may pay the sums declared due. If Borrower fails to pay such sutra prior to the capitation of mch praied, Leader may, without [urt}rtt rwtice or demand on Horrowtt, invoke any romedita pttmitted by paragroph 17 hereof. NONUNIFORM COVENANTS. Borrower and lender further covenant and agree ae follows l7. A«elttatioa; Remedies. Except ss provided is paaagraph 16 hereof, upon Borrower's brush of any covenant or agreement o[ Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided io paragraph 12 heroof specifying: (1) the breach; (2) the action roquirod to care such breach; (3) a date, sot less than 30 days from the date the notice is mailed to Borroweq by which such breach must be Lund; and (1) that failure to con such breach w a before the date specified in the notice may result is acceleration of the auras securod by this Mortgage, tmecloeare by judicial proceeding, and eels of the Property. The notice shall further inform Borrower of the right to roiastate attar acceleration sad the right to assert is the foreclosure proceeding the aone:isteace of a deLuH or say older decease of Borrower to acceleration and foralosurc. If the breach. is not cured oa or betorc the date spaHied in the notice, Lender, at Leader's option, may declsre dl of the sums scoured by this Mortgage to 6e immediately due sad payable without further demand and msy foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect is such proceeding all ezpcascs of foreclosure, including, but not limited to, reasonable attorneys' fees sad costs of documenUty evidence, abstracts and title reports. oa~cuat I®®",11,1®~~",1~,®~ m-ot-sa alto ~ raootzs+ :,., . ,. . r. eoog15~7r~s1:1141 -5- }8. Borrower's Rigbt 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 Mottgage discontinued at any time prior to entry of a judgment enforcing [his 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 agreemenu of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agrcements of Bortower 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 shell remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rrnts of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment o[ the Property, have the right to collect and retain such rents as they become due and payable. Upon accderation under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a rxeiver appointed by a court to enter upon, take possesion of and manage the Property and to collect the rents o[ the Propttty including those past dne. All rents collected-bY-the rerxiver shall be applied first to paymrnt of [he costs of management of the Property and collection of rents, including, but not limited to, receiver's ices, 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 reecived. 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. Wsiver o[ Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22. laterest Rate Aiter Judgment. Borrower agrces 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. 111-01-96 MfG I~~~~®~~~~~~®~~'~~®®~~ PAGOtI55 mttciawt ~~~ eooN15~7-ec~1142 -6- REQUEST FOR NOTICE OF DEFAULT AND PORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borcower and Lender request the holder of any mortgage, deed of truss or othtt encumbrance with a lien which has priority over this Mortgage to give Notice to Lendtt, at Lender's address set forth on page one of this Mortgage, of any default under tha superior encumbrance and of any sale or other foreclosure action. _ .o ° ~.~sYlvania ~.yy~+1 ;1 a ~ hanand~ 86 ~G y ~ u i 1 tl e office for the rec rding o1 Deads ~ ,per F a u harl~ar d Count I~p~ '~~ d ~ ~~k-r" `_VoL_Pa bL~ JAMES W BRADY -E^rrorr"r ~ri - ~~`.::;,vr..n >s y ha d.cnal of ofli Q S f 1C t • r Cprli A tley of tA_ -lam ~ _,f..._ ~ ~3A ~I (~ r,~ ~ n ~ ~-d'^7 -•,+t~ .CHRISTINE R BRADY -Borrower ~. '+s~s - `t the precise address of the Lender (Mortgagee)is HOUSEHOLD FINANCE 25 GATEWAY DRIVE MEE HAN~7C4BURf PA 1y05t On behd[ of the Lender. By: Title: BRANCH MANAGER COMMONWEALTH OF PENNSYLVANIA, m q,rv County ea: I, aNNF A STAFFORD aNotary Public in and for said county and state, do hereby certify that TAMES W BRADY A CHRISTINE R BRADY personally known to me to be the same person(s) whose name(s) are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that thry_ signed and delivered the said instrument as , their tree voluntary act, for the uses and purposes therein sat forth. Given under my hand and official seal, this 21st ~Y of DECEMBER , 19 98 My Commission expires: NOTARIAL SEAL ANNE A STAfiORD PA COMNISSIOI~A OF OEEBS NY CONNiSSION IXPINES APRN. 2001 GGn..t.¢ Q _~/,ate( No is This instrument was propared by: ~ ~i.~«~ eme) F?^>U~F, ir3~D F!!~fi"'CE CGRPGRATICAI C_.t~~r~y~ Dfiva, SL~ia 107 ., .,.,t~rncs rg, (Space Below Thin Line Aeser•ed Por Leedar and Recordsrl Return To: Records Processing Services STI Lamont Road Elmhurst, IL 60126 , 1g-ol-se arts oxicitut ~.~~1~,~"",.,~,1„~~ BOOA15O7 rASEii43 PA0a1I56 `tl 1 ~ ~~ /'\\ Q r„-~C\ ~ {~~ V ~ _~ ,-~ -n T -~ ;t.y SHERIFF'S RETURN - REGULAR CASE N0: 2005-06078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VS BRADY CHRISTINE R 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 BRADY CHRIS the DEFENDANT at 1318:00 HOURS, on the 7th day of December 2005 at 154 LINCOLN STREET ISLE, PA 17013 by handing to PHYLLIS COROTHERS, DAUGHTER 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 32.80 Sworn and Subscribed to before me this ~~ ~~ day of ~2~i.~,~e` ~(®~~ A.D. P nota So Answers: ~,r t, = f ~!i,~, R. Thomas Kline 12/08/2005 MCCABE WEISBERG CONJo}~Y l By : /~/~ / ~"' /' //h Deput 'he i f McCABE, WEISBERG AND CONWAY, P.C. ~Y: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (Z15) 790-1010 HSBC, a London Corporation, s/b/m/a of Household Finance Consumer Discount Company v. Christine R. Brady Attorney for Plaintiff Cumberland County Court of Common Pleas Number 2005-06078 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 $198,349.30 Interest from 10/07/2005 - 01/09/2006 $ 1,978.85 TOTAL AND NOW, this ~r7~~day of I~c.~ $200,328.15 ~.~..ti.- , rt TERRENCE J. McCABE, ESQUIRE 2006, Judgment is entered in favor of Plaintiff, HSBC, a London Corporation, s/b/m/a of Household Finance Consumer Discount Company, and against Defendant, Christine R. Brady, and damages are assessed in the amount of $ 200,328.15, plus interest and costs. BY THE PROTHONOTARY: / / -~_ ~ . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 Attorney for Plaintiff 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215)790-1010 HSBC, a London Corporation, s/b/m/a of Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Christine R. Brady Number 2005-06078 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. 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, Christine R. Brady, is over eighteen (18) years of age and resides at 154 Lincoln Street, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ DAY -- „~ TERRENCE J. McC E, ESQUIRE OF ~~ , 2005. r N tart' Public ,r„ ri .. { i R ,~.t ~.~ r,:~c ~.~ G ~'a ,.C~u°~' Pd Cori ~i<., ~ zE 2~7 Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215)790-1010 HSBC, a London Corporation, s/b/m/a of Household Finance Consumer Discount Company Attorney for Plaintiff Cumberland County Court of Common Pleas v. Christine R. Brady Number 2005-06078 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 Defendant that judgment would be entered against him/her 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 ~-riv~ rti y /J~ir ls/C-`Z TERRENCE J. McC~ESQUIRE BEFORE ME THISQxDAY OF ~ ~ , 2005. ' ~itJC~_ TARY PUBLIC _.__ , t .... i nl 4~ ~ F~ ~ ) 1 L Attorney for Plaintiff VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary December 28, 2005 To: Christine R. Brady 154 Lincoln Street Carlisle, PA 17013 HSBC, a London Corporation, s/b/rn/a of Household Finance Consumer Discount Company Cumberland County Court of Common Pleas vs. Christine R. Brady Number 2005-06078 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO EMER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (]O) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINSTYOU WITHOUTA HEARINGAND YOU MAY LOSE YOURPROPERTY 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. T}'IIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TOPROVIDEYOU WITH INFORMATION ABOUTAGENCIES THATMAYOFFER 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 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTEOPOR ABOCADOYPOR NO HABER RADICADO POR ESCRITO CON ESTE 7TtIBUNAL SUS DEFENSAS U OBIECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SEMENCIA EN SU CONTRA Y USTEDPODRIAPERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABA70. ESTA OFICINA LO PUEDE PROPORCIONAR CON MFORMACI ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPO EMPLEAR UN ABOGAI)D, ESTA OFICINA PUEDE E P OPORCIONARLO CON INFORMACION ACERCAD E UEDEN OFRECER LOS SERVICtOS LEGALES A PER S ~ UN HONORARIO REDUCIDO NI NINGUN HONO Cumberland County Bar Association f 2 Liberty Avenue ~~ Carlisle, PA, 17013 800-990-9108 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJM/rda ~' :7 -.fl C ; ri ~ -. .x ~ { ~ ~~ (~''1~~ ~ ~ ° ~ 1 j1J W --2 G °' ~? ~ ~ ~' ~ - ~ <- ~ ,: OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland Couuty Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: Christine R. Brady 154 Lincoln Street Carlisle, PA 17013 HSBC, a London Corporation, s/b/m/a of Household Finance Consumer Discount Company Cumberland County Court of Common Pleas v. Christine R. Brady Number 2005-06078 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 Esquire at 12151790-1010. IN THE COURT OF COMMON PLEAS_OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION HSBC, A London Corporation, s/b/m/a of Household Finance Consumer Discount Company v. FILE NO.: 2005 - 06078 Civil Term AMOUNT DUE: $200,328.15 Christine R. Brady INTEREST: from 1/10/2006 - 3/7/2007 $13,863.53 at $32.93 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does notarise 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 Sheriffof Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 154 Lincoln Street arlisle PA 17013 _ (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate ofthe defendant(s) described in the attached exhibit. DATE: ~, I ~ 7 ~ ~ Signature: G~~/ ~~ti~ Print Name: MCCABE, WEISBERG AND CONA-Y Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: X215) 790 1010 Supreme Court ID No. 16496, 17616, 34687, 34419 (^ •..._ "~. -~-) -r. 1^ ~ a ~ C o ~'I p ~ -•.. °e w ~ d i c~ d t ~ `~ ~ - o 4.~ t7tJ) ,J ~ ~• t V1 ~'+ 1 ^ _ r `•• ~ r~a ~. ~ .~~w .,~, ~~, z ~~; ~ ~ ~" < .- _~ ,~ ~~ d.. "~~^ ~~ ' d..1 .C" ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIItO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC, a London Corporation, s/b/m/a of Household Finance Consumer Discount Company Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Christine R. Brady v. Number 2005-06078 AFFIDAVIT PURSUANT TO RULE 3129 I, ~~ ~ C S / Gz~~~ 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: 154 Lincoln Street, Carlisle, PA 17013 (Tax Parcel #OS- 20-1798-066), a copy of the description of said property is attached hereto and marked as Exhibit ..A ~~ Name and address of Owner or Reputed Owner: Name Christine R. Brady Address 154 Lincoln Street Carlisle, PA 17013 2. Name and address of Defendant in the judgment: Name Christine R. Brady Address 154 Lincoln Street Carlisle, PA 17013 4 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Creditone, LLC, assignee of 154 Lincoln Street Citibank Carlisle, PA 17013 4. 5 6 7 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Banc One Consumer Discount Company, A Pennsylvania Corporation Associates Consumer Discount Company Address 1010 Wesley Drive Suite 5 Mechanicsburg, PA 17055 3222 Babcock Blvd. Pittsburgh, PA 15237 Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which maybe affected by the sale: Name None Address Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Address Tenants 154 Lincoln Street, Carlisle, PA 17013 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 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 Internal Revenue Service Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. November 27, 2006 McC ISBERG D COIxWAY, P.C. BY• G(ic ~~~-~ Attorn ys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ra ~ ~ ~. ~ r':' 3 :~ ~ "f"t ~~fi`' f ~ ~i ~.. ~ .> ~" N ~ -:~ ~ _ t~r, - ~ t~; ~ . . -'t'~ r , .. `~C; ~ ~ ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 1Z3 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Attorneys for Plaintiff HSBC, A London Corporation, s/b/m/a of Household Finance Consumer Discount Company vs. Christine R. Brady Cumberland County Court of Common Pleas Number 2005 - 06078 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Christine R. Brady 154 Lincoln Street Carlisle, PA 17013 Your house (real estate) at 154 Lincoln Street, Carlisle, PA 17013 (Tax Parcel #OS-20-1798- 066) , is scheduled to be sold at Sheriffs Sale on March 7, 2007 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 $200,328.15 obtained by HSBC, A London Corporation, s/b/m/a of Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to HSBC, A London Corporation, s/b/m/a of Household Finance Consumer Discount Company, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) J 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. 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 C U M B E R L A N D COUNTY COURT ADMINISTRATOR BAR ASSOCIATION 4TH FLOOR, 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (717) 240-6200 ~~ ~ ..~ "ft l.n ~^ ° 1 ~ r' ~.~"^' ~ ~ { ~ ~ ~7 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-6078 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC, A LONDON CORPORATION, SB/M!A OF HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From CHRISTINE R. BRADY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also duected to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $200,328.15 L.L. $.50 Interest FROM 1/10/06 - 3/7/07 - $13,863.53 AT $32.93 PER DIEM Atty's Comm % Due Prothy $1.00 Arty Paid $114.80 Plaintiff Paid Other Costs Date: NOVEMBER 29, 2006 (Seal) Curtis R. ong, Protho~ ~~`~ By: Deputy REQUESTING PARTY: Name MARL S. WEISBERG, ESQUIRE Address: MCCABE WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 McCABE, WEISBERG AND CONWAY, P.C. 13Y: TERRENCE J. McCA13E, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE -Ill # 17616 EDWARD ll. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIlZO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC, A London Corporation, s/b/m/a of Household Finance Consumer Discount Company vs. Christine R. Brady Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 2005 - 06078 SUPPLEMENTAL AFFIDAVIT OF SERVICE I, Undersigned, attorney for the Plaintiff in the within matter, hereby certify that on the 16`~ day of January, 2007, 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 I6`h DAY OF January,2007. 1 CI~tC~" l 1 ~_ u NOTARY PUBLIC COMWIONWEALTFi of PENNSYLVANIA NOTARIAL SEAL Chrissandra Shaye Hamilton, Notary Rublic k Clty of Philadelphia, Phila. County E My Commission Cx fires January 4, 2009 McCWE~I+ BY: -~ Attorneys for Plaintiff TERRENCE J. MICA: ONWAY, P.C. E~(?UIRE MARC S. WEISBERG, E~QUII2E EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERI2ENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 FRANK DUBIN, ESQUIRE - ID # 19280 BONNIE DAIIL, ESQUIRE - ID # 79294 ANDREW L. MARKOWITZ, ESQUIRE - ID # # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff HSBC, A London Corporation, s/b/m/a of Household Finance Consumer Discount Company vs. Christine R. Brady Cumberland County Court of Common Pleas Number 2005 - 06078 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 I, Undersigned ,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: 154 Lincoln Street, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked as Exhibit "A." Name and address of Owner or Reputed Owner: Name Christine R. Brady Address 154 Lincoln Street Carlisle, PA 17013 2. Name and address of Defendant in the judgment: ~ ~ aX~ll~l~, .~. Name Christine R. Brady 3 4 Address 154 Lincoln Street Carlisle, PA 17013 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 Creditone, LLC, assignee of Citibank Borough of Carlisle Address 154 Lincoln Street Carlisle, PA 17013 53 West South Street Carlisle, PA 17013 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Banc One Consumer Discount Company, A Pennsylvania Corporation Associates Consumer Discount Company Address 1010 Wesley Drive Suite 5 Mechanicsburg, PA 17055 3222 Babcock Blvd. Pittsburgh, PA 15237 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of very other person who has any record interest in the property which may be affected by the sal~~~~~~ ~~ &~. Name Address None 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 154 Lincoln Street, Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 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 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales .~~~~ I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 16, 2007 DATE McCAB,~ISBERG, Alb CONWAY, P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EllWARll D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ~~~~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff HSBC, A London Corporation, s/b/m/a of Household Finance Consumer Discount Company vs. Christine R. Brady Cumberland County Court of Common Pleas Number 2005 - 06078 DATE: January 16, 2007 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Christine R. Brady PROPERTY: 154 Lincoln Street, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on March 7, 2007, 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 l 7013. 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 Exhibit U R', G W J J T rt C F .~ IJ O O n O 3 R c ~e ~-) rt R Z F O y O 7 ro 0 n r C'" x !~ ~._ L-7 ~~J t" T ~, f:~ _,,, (_'. - ~ la] r-j ra ..j r1 "y--~ -. _° i..ri C..3 _ ttJ -< ~.7 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC, A London Corporation, s/b/m/a of Household Finance Consumer Discount Company vs. Christine R. Brady Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 2005 - 06078 AFFIDAVIT OF SERVICE I, Undersigned, attorney for the Plaintiff in the within matter, hereby certify that on the 8th day of January, 2007, 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 8`h DAY OF January,2007. 1~TARY PUBS `-~" NOTARU,L SFAL T,w, T. Wdts, Ndary public City d p)~doipbio. P'bikdclpbn C0~- ~ ooamiwian expica November 21.2008 BYE c~ R / Attorneys for lain ' f TERRENCE J. McCABE, ESQUI MARC S. WEISBERG, ESQUI~ EDWARD D. CONWAY, ESQ MARGARET' GAIRO, ESQUIRE AY, P.C. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC, a London Corporation, s/bJm/a of Household Finance Consumer Discount Company v. Cumberland COUNTY Christine R. Brady Attorneys for Plaintiff COURT OF COMMON PLEA5 Number 2005-06078 AFFIDAVIT PURSUANT TO RULE 3129 I, Undersigned, 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: 154 Lincoln Street, Carlisle, PA 17013 (Tax Parcel #OS-20-1798-066), a copy of the description of said property is attached hereto and marked as Exhibit "A." Name and address of Owner or Reputed Owner: Name 2 Christine R. Brady Address 154 Lincoln Street Carlisle, PA 17013 Name and address of Defendant in the judgment: Name Christine R. Brady Address 154 Lincoln Street Carlisle, PA 17013 Er~ibitA 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Creditone, LLC, assignee of 154 Lincoln Street Citibank Carlisle, PA 17013 4 5 6 7 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Banc One Consumer Discount Company, A Pennsylvania Corporation Associates Consumer Discount Company Address 1010 Wesley Drive Suite 5 Mechanicsburg, PA 17055 3222 Babcock Blvd. Pittsburgh, PA 15237 Name and address of every other person who has any record lien on the property: Name None Address 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 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 Address 154 Lincoln Street, Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Ezhibik A Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania 1400 Spring Garden Street Inheritance Tax Office Philadelphia, PA 19130 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Internal Revenue Service PA Department of Revenue Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 8, 2007 CONWAY, P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Exhibir McCABE, WEISBERG AND CONWAY, P.C. BY: TEIZRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff HSBC, A London Corporation, slb/m/a of Household Finance Consumer Discount Company vs. Christine R. Brady Cumberland County Court of Common Pleas Number 2005 - 06078 DATE: January 8, 2007 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Christine R. Brady PROPERTY: 154 Lincoln Street, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 7, 2007, 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. 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. ~ ~ v , ~ ' cm '~a~ o • . rs ~ v, ~^ ~ ..d~6.O. ~ C.n ~ ~O ~ S'~ M `s o y}I o N Q, u o F°~ ~ N o °, a o 0 3 a ~ `~° o '~ ~- ~,~ b < z ~ n 3 ^-] ~ ~, W ~ - ~,~("~(7~ ^ n ~'"~*c~o ooao~~ ~ / ~ r ~ ~S ~ ~+ ~ ~ ~ "' r'" n tT CA r' ~ C ~ ~ O ~, '~' 'S ; ,: O (D ~ ~ 0`U '~ ~ ~.' ~ ~ .`~•' ' ~ d '~' ~ ~ ~ W r ~ '~ cn ~' ~ ~ ~ ~ r* QQ 6'1, fD ' ~. N ~.`•C CD cn n r O " ~ ~ p b ~ r o ~. 'y. ~ r A o C" W ~ ~ ~ ~ ~ O ~, v, Cd ~ N O r ~• n v' ~ ~ N ~ ^ ,~ ~ ~~~ pW} O ~ '~ ~ • n ~ tlq N ~ N y N ~'N (/~ ~~ '.7 d4 rt '3 r• •-' ~ ~ ~ u: g a:. o , ~ (D ~ f7 r+~~' "~.~ CD ~ ~~O ~ -- rO~~ ~ .~~ ~ b ~ ~ ~ ~[o W ~ 7 c3 • ra ~ ~~~ ~ ~ `~ ~ ~~ ~~ ~ ~~~ ~' rd ~ ~ O ~ ~ ~ ~ ~~ ~ ~ ~ ~~ C ~ $ e ~ v g' {. ~ ' A. ~ "0 ~ ~ ~ ~~ ~ ~ Q pt ~' "d ~~ ~4 ~ ~b W ~~ ~ n ro W ~ d .~ d ~ ~ n r fi 5 ~ n _ ' . .~ O ,~ O~ ~• ~ C9 r _ W ~ CD '~ ~i "'~ ~ .-~ ~ ~ ~ a ~ CJl O p~ '~ ~ O `n ` y~r ~ ~* ~ ~ ~ ~ ~ ~ ~ A~ C ~ -d ~ ~ ~ ~ . ~ o P~ n ~"~,K o ~'. ~' °' ,~ . 'i7 a' F N 0 3 :°. ~e f A F 0 z ^o 0 7 b A 0 Exhibit '~ L-.o ~, ~ ~- I ~ c ti~ o.~ t ~i~ ~ ~ zz °' 3 d Q b~ O p ' O b ~I~i O FL1 ,~ W ro ~~+ /~ ~ 1 r~+ Fil ~ ~ /`i ~~y V O ~ ~ ~• O ~~ n ~ ~ ~ V a'p ~-~ t¢D w~ n.y Q.O ~ ~ ~ ~ ~ ~ O A~ UQ ~'~ 'C7 N W ,n'_'~ ~' C, ~ ~ ~ ~ UQ O ~ ~ N '' ~O N ~~ _ ~ ~ C rb Oo ' ~~ Z C D D ~ ( ~c ~ t7 0~0 ~ ~ ~ p'~ O ~ ~ 'T7 O ~ O~ VQ '-h ~ ~' p' C O ~ ~ ~ ~ N (~.~ ~ ~ (D < n '~'~ ni '(D'i p ? A~ O < . ~Q ['~7 Vi O V to ~ cc C CD CD pQ b ~ ~ ~ '~ ~ ~ ^~ ~ ~ _vS g`,~ ~=~9 ~'~~g" ~A.~~ 3" 9 --~ ~~c p 7:,&3= _~f:_ nF _?Ei_ ££ c_` ~ o ~e€£ e~ P _. m $ -_'_~ 3 3 ~' -Ro2. S„~~ °a°s y~~~ _ ~~O ~~ " og ~ o _ ~ c~3R 00 3 C.3 ~ _.3c ~~~~ 6'1 bd >3~ .>3 5 ~T ' ° ~ C ? "si C. ~ ' ,--~ .. G.... `~" -re ~ ~-~ 9~ t ;~~~ t~ ~^ ~ ~~~ '"'~~ 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 Marcus L Hodge Ruth E Hodge William E Jones & Dolores E Jones is the grantee the same having been sold to said grantee on the 7th day of March A.D., 2007, under and by virtue of a writ Execution issued on the 29 day of Nov, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 6078, at the suit of HSBC Corp against Christine R B ady is duly recorded iri Deed Book No. 279, Page 3065. I1V TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~ day of ` , A.D. ~.,~ O 7 Re order of Deeds R.oora.r d oe.d•, cume«wnd Cougy, c~itw. PA Wly Conri~on t:xpNa Mw First Miond~y d.In. X010 HSBC a London Corporation s/b/m/a of x In the Court of Common Pleas of Household Finance Consumer Discount Cumberland County, Pennsylvania Company Writ No. 2005-6078 Civil Term VS Christine R. Brady Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2006 at 1942 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Christine R. Brady, by making known unto Jennifer Reed, adult daughter. of Christine R. Brady, at 154 Lincoln Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 17, 2007 at 1556 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christine R. Brady located at 154 Lincoln Street, Carlisle, Cumberland County, 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: Christine R. Brady, by regular mail to her last known address of 154 Lincoln St., Carlisle, PA 17013. This letter was mailed under the date of January 16, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $ 91,500.00 to Ruth E. Hodge, on behalf of Marcus L. Hodge, Ruth E. Hodge, Rev. William E. Jones and Rev. Delores E. Jones, It being the highest bid and best price received for the same, Marcus L. Hodge, Ruth E. Hodge, Rev. William E. Jones and Rev. Delores E. Jones, of 833 Franklin Street, Carlisle, PA 17013 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 96,965.50 Sheriffs Costs: Docketing $30.00 Poundage 1,830.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 8.80 Certified Mail 1.22 Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 15.00 20.00 533.00 483.65 16.83 25.00 40.00 n $ 3093.00 / yl~ ~~07 `~`' R. Thomas Kline, Sheriff ,. ~ %~`~'-~ .,~ ~ . . """'~, ~ BY C ~ c~..~~ i ~ G . ~-~~b~.,,/ ~~ ~~a ~ ~ . ~ 1 . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 HSBC, a London Corporation, s/b/m/a of Household Finance Consumer Discount-: Company Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Christine R. Brady v. Number 2005-06078 AFFIDAVIT PURSUANT TO RULE 3129 I, J~~~~C' ~ l„~~~~'~,~~ 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: 154 Lincoln Street, Carlisle, PA 17013 (Tax Parcel #OS- 20-1798-066}, a copy of the description of said property is attached hereto and marked as Exhibit ..A ~~ 1. Name and address of Owner or Reputed Owner: Name Christine R. Brady Address 154 Lincoln Street Carlisle, PA 17013 2. Name and address of Defendant in the judgment: Name Christine R. Brady Address 154 Lincoln Street Carlisle, PA 17013 r 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Creditone, LLC, assignee of 154 Lincoln Street Citibank Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Banc One Consumer Discount Company, A Pennsylvania Corporation Associates Consumer Discount Company 5. 6 7 Address 1010 Wesley Drive Suite 5 Mechanicsburg, PA 17055 3222 Babcock Blvd. Pittsburgh, PA 15237 Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which maybe affected by the sale: Name Nane Address Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Address Tenants 154 Lincoln Street, Carlisle, PA 17013 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 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 Internal Revenue Service Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. November 27.2006 McC ISBERG ~D COIYWAY, P.C. BY• GCit ~~.,~ Attorn ys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE " , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. V~EISBE~G, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff HSBC, A London Corporation, sfblm/a of Household Finance Consumer Discount Company vs. Christine R. Brady Cumberland County Court of Common Pleas Number 2005 - 06078 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Christine R. Brady 154 Lincoln Street Carlisle, PA 17013 Your house (real estate) at 154 Lincoln Street, Carlisle, PA 17013 (Tax Parcel #05-20-1798- 066) is scheduled to be sold at Sheriffs Sale on March 7, 2007 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 $200,328.15 obtained by HSBC, A London Corporation, s/b/m/a of Household Finance Consumer Discount Company against you, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: The sale will be canceled if you pay to HSBC, A London Corporation, s/b/m/a of Household Finance Consumer Discount Company, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 2 4 If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 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. 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. 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. 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 C U M B E RL AN D COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-316b LEGAL DESCRIPTION All that certain tract of land with the improvements thereon erected situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described in accordance with survey made by Stephen G. Fisher, Registered Surveyor, on April 9, 1975, a draft of said survey being attached hereto and incorporated herein by reference, as follows: Beginning at a point on the Southern line of Fifty-three and Eight Tenths (53.8) feet wide of Lincoln Street at corner of land now or formerly of Raymond Elliot, which point at the place of beginning is One Hundred Thirty-eight and Nine Tenths (138.9) feet East of the Eastern line of North West Street; thence from said point at the place of beginning along the Southern line of said Fifty-three and Eight Tenths (53.8) feet wide Lincoln Street, South 83 degrees 50 minutes 30 seconds East, a distance of Ninety-nine and Twenty Hundredths (99.20) feet to a point at corner of land now or formerly of Pennsylvania Railroad Company; thence along said line of land now or formerly of Pennsylvania Railroad Company, South 04 degrees 47 minutes West, a distance of One Hundred Eleven and Seventy-eight Hundredths {111.78) feet to a stake on the Northern right-of-way line of Pennsylvania Railroad; thence along the Northern right-of-way line of said Pennsylvania Railroad, North 70 degrees 23 minutes 30 seconds West, a distance of One Hundred Eleven and Twenty-eight Hundredths (111.28) feet to a point; thence North OS degrees 34 minutes East, a distance of Fifty-eight and Fourteen Hundredths (58.14) feet to a stake at the Southeastern corner of land now or formerly of Raymond Elliot; thence continuing along a fence and said land now or formerly of Raymond Elliot, North OS degrees 34 minutes East, a distance of One Hundred Two (102) feet to a point on the Southern line of Fifty-three and Eight Tenths (53.8) feet wide Lincoln Street, the place of beginning. Having thereon erected a frame bungalow known as 154 Lincoln Street, and a two story block garage apartment building known as 154 1/2 Lincoln Street, and a two story frame dwelling house as No. 158 Lincoln Street. BEING KNOWN AS 154 Lincoln Street, Carlisle, PA 17013 Being the same premises which Travers G. Spraglin, by deed dated the 4/14/1975, and recorded 4/15/1975 in the Office of the Recorder in and for Cumberland County in Deed Book A-26, Page 80, granted and conveyed to Christine R. Brady and James W. Brady (Deceased), in fee. TAX MAP PARCEL NUMBER: OS-20-1798-066 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6078 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC, A LONDON CORPORATION, SB/M/A OF HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From CHRISTINE R. BRADY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $200,328.15 L.L. $.50 Interest FROM 1/10/06 - 3/7/07 - $13,863.53 AT $32.93 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $114.80 Plaintiff Paid Other Costs Date: NOVEMBER 29, 2006 (Seal) Curtis .Long, Pr ono y By: Deputy REQUESTING PARTY: Name MARL S. WEISBERG, ESQUIRE Address: MCCABE WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 Real Estate Sale # 66 On December 4, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA ~ Known and numbered as 154 Lincoln Street, ,°~ Carlisle, more fully described on Exhibit "A" Q filed with this writ and by this reference incorporated herein. Date: December 4, 2006 By: ,~ ~.J G~C.~,t~ . ~ ~ ~ ~-v Real Este Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 26, February 2 and February 9, 2007 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. .w i_ Lisa arie C e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 ~~T~~;@~!. S~t~L ~.~",,~. ~. ~iv~~?~~, ~lat~ry Public ., _~~ ~,;,ro, ~umaa~o~l~o~+~ County ',~~~d~n Px~3r~s tsliarch 5, 2009 ~, ~Tl~'i"6 ~~ ~• 6s Writ No. 2005 6078 Civil HSBC, a London Corporation, s/b/m!a of Household ranee Consumer Discount Company vs. Christine R. Brady Atty.: Marc Weisberg LEGAL DESCRIPTION ~ that certain tract of land with the improvements theTWanrd of the situate in the FOUL Cumberland Borough of Carlislea, bounded and County, pe~sylvani sur- de9cribed in accordance with vey made by Stephen G. Fisher, Registered Surveyor, on April 9, 1975, a draft of said survey being attached hereto and incorporated herein by reference, as follows: Beginning at a point on the Southern line of Fifty-~'~ and Eight Tenths (53.8} feet wide of Lincoln Street at corner of land now or for- meHy of Raymond Elliot, wn ci P°Q e at the Place of beginzu g Nine Hundred Thirty-eight and Tenths [138.9) feet East of the East_ ern line of North west Street: thence from said P°mt at the place of be- along the Southern line of s~~ty-three and Eight Tenths (53.8) feet wide I,inconlllnu es 30 South 83 degrees 50 seconds East, a distance of NinetY- nine and Twenty Hundredths (99.201 feet to a point at comer of land now or farmerll' of PennsS'~ nia Railroad Company; thence along said line of land now or formerly of Pennsylvania Railroad Company, South 04 degrees 47 minutes West, a distance of One Hundred Eleven and Seventy-eight Hur,.dredths (111.78) feet to a stake on the North- ern right-of--way line of Pennsylva- nia Railroad; thence along the Northern right-of-way line of said Pennsylvania Railroad, North 70 de- grees 23 minutes 30 seconds West, a distance of One Hundred Eleven and Twenty-eight Hundredths (111.28) feet to a point; thence North 05 degrees 34 minutes East, a dis- tance of Fifty-eight and Fourteen Hundredths (58.14) feet to a stake at the Southeastern corner of land now or formerly of Raymond Elliot; thence continuing along a fence and said land now or formerly of Raymond Elliot, North 05 degrees 34 minutes East, a distance of One Hundred Two (102) feet to a point on the Southern line of Fifty-three and Eight Tenths (53.8} feet wide Lincoln Street, the place of begin- ning. Having thereon erected a frame bungalow known as 154 Lincoln Street, and a two story block ga- rage apartment building known as 154 1/2 Lincoln Street, and a two story frame dwelling house as No. 158 Lincoln Street. BEING KNOWN AS 154 Lincoln Street, Carlisle, PA 17013. Being the same premises which Travers G. Spraglin, by deed dated the 4/14/1975, and recorded 4J 15j 1975 in the Office of the Re- corder in and for Cumberland County in Deed Book A-26, Page 80, granted and conveyed to Christine R Brady and James W. Brady (De- ceased), in fee. TAX MAP PARCEL NUMBER: 05- 20-1798-066. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. 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 .............. ~ .. ~ . .. '-J............................ COPY Sworn to and bs ibe efore me ~};s~t~~~,~~y~7 A.D. SALE #66 COMM Notarial Seal Terry L. Russell, Notary Public City Of Harrisbur Daup ' unty ommiss~on pires u 6,2010 . ,....~,,,noo.,,~~d" ~a~ cation of NDtar~s e CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 All that: cerhia tract of Land , adth the imptuv~eas thereon enxxed siWau in the FooA6 VWtd of the >1~gh of Carlisle, fcimty. Amasylvnia, boded and desca'bed ipt sow vrilh aasve~y made by Stephen G.Fidtrr. , 9, 1715, s+,la~ at ddd sm-~sY ~ anacl-ed hereto and hMed heads bg rdaaoe, as follows: BEfilDF1~11NG at a point ao the Sottthtm line of Fifty-daew~t Ta:ths (53.8) fxs wide of I~ncoin 8i fa~f tNd flaw a fa~tiiy of Raymdl~ lS~Ot, ruT'Qont at the plea of (~ and Nice Tenths f t3$±1) test Se Eaaeota lies of NordtWat 8th peer at the plane of B tg`e ~8aatlran here of said Fdty-dtree sad ) ')~ (53.8) feet wide Iiaaoln ~' 83 degrees 50 mimtea 30 eeooada a di~aaoe of 13inety- mne and TixeMe~r ~ (49-?A) beret m a pan[ a coma of bred .~ ~ famafy ~ said lime,: of (! • Q Y ~ Pmoa7hania Raihaad '1, South 04 degrex 4y Weu,- s distanoa erg Oae H-~a Elaxa and sa~ety~t Haocbedltis (111.78) fed to a ~ astdte xathera riglrt-off way. tiers aFl~ett+esylaeia tt>~ead: ihmoe the Northmn lk-of-sear ®ae o£ asid rennay).arna rkr~ 7U ~ mid 30 ~ e di~a of One Hnomr,a ~ ~fa~tr-ems 1 (111.28)feet W a poinGtheaoeNenh QS degrees 3a a Bea. a dhhace of ~' and Fomiae Bmdse~hs (58.14) ltd to a etstc at the goodrrastrm ooraer of lead aow dr formerly of gaymed El~fi doe 8 aluu& a femx sad said lead, aow or fasmray of xaymend FJtiot, Nab 05 34 ~moes East, a diflnase of0qe Ha~od Two (1Q2) feet w a poets as theSatq~tim cf c and EightTest~ (53.8) lied wide ti~oin met, the 1~ ~• Having thereon crated a frame 6aegalaw ]mown ~ 1S4 liroaln Street. aed a two story blodt gtttgp lpstYadet baiiditg latowa ss 154 1/2 LiMOdn Sued, aad a two stay fiaaoe dovdtieg 6o~e as Na Iy8lercoY 5uect. >1» ~ ~ ~; Carlisle, lei f7013. ~g the same l! *rjr$ ?f~as G. 5ptagtin, ~ ~ #t.b1t1975, tad reeotdod4lk5/t97Sirtifat)~itn l0asoedar m and for C~aabe'adud CertMy i1 Deod BaakA 26, page S0. g<aab,gd °°a°9~ to Cbriseme R giady t~ ylYOlet'~V.1" (tle), in fee. . TAX MAp PARCEL NLi11~PR: 05.2111798- 066. SCHEDULE OF DISTRIBUTION SALE N0.66 Date Filed: Apri15, 2007 Writ No. 2005-6078 Civil Term HSBC, a London Corporation, s/b/m/a of Household Finance Consumer Discount Company VS Christine R. Brady 154 Lincoln Street Carlisle, PA 17013 Saie Date: March 7, 2007 Buyer: Marcus L. Hodge, Ruth E. Hodge, Rev. William E. Jones and Rev. Delores E. Jones Bid Price: $ 91,500.00 Real Debt: $ 200,328.15 Interest: 13,863.53 Attorney Costs: 114.40 Total: $ 214,306.08 DISTRIBUTION: Receipts: Cash on account (12/05/2006): $ 1,500.00 Cash on account (03/07/2007): 9,150.00 Cash on account (03/19/2007): 47,815.50 Cash on account (03/19/2007): 40,000.00 Total Receipts: $ (98,465.50) Disbursements: Sheriff s Costs $ 3093.00 Legal Search 200.00 Local Transfer Tax 1,717.75 State Transfer Tax 1,717.75 Cumberland County Tax Claim 6,150.54 John O'Neill, Tax Collector 778.94 Borough of Carlisle, Municipal Lien 352.98 Attorney Marc Weisberg 1,500.00 HSBC, as Successor by merger to Household Finance Consumer Discount $ 82,954.54 Company Total Disbursements: Balance For Distribution: So Answe R. Thomas Kline Sheriff $ 98,465.50 $ 0.00 k . TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 66 Held: Wednesday, March 7, 2007 Date: March 7, 2007 TAXES: Receipts for all taxes for the years 2004 to 2006 inclusive. Taxes for the current year 2007. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2007, and recorded 2007, in Cumberland County Deed Book ,Page RECITAL: Being the same premises which Travis G. Spraglin, unmarried, by deed dated April 14, 1975 and recorded April 15, 1975 in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book "A," Volume 26, Page 80, granted and conveyed to James W. Brady and Christine R. Brady, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. G i 5. Public and private rights in the roadbed of Lincoln Street. 6. Mortgage in the amount of $159,599.00 given by James W. Brady and Christine R. Brady to Household Finance Consumer Discount Company dated December 21, 1998 and recorded December 22, 1998 in Mortgage Book 1507, Page 1138. Complaint in mortgage foreclosure filed by HSBC, successor by merger to Household Finance Consumer Discount Company, as Plaintiff against Christine R. Brady as Defendant, in the Office of the Prothonotary of Cumberland County, on November 28, 2005 to File No. 2005-6078. Judgment in the amount of $200,328.15 entered January 10, 2006. 7. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau. 8. Municipal lien in the amount of $272.60 entered by the Borough of Carlisle as Plaintiff against James W. Brady and Christine R. Brady as Defendants on April 25, 2006 to file no. 2006-2327. 9. Municipal lien in the amount of $244.38 entered by the Borough of Carlisle as Plaintiff against James W. Brady and Christine R. Brady as Defendants on August 17, 2006 to File No. 2006-4726. 10. Complaint filed by Creditone, LLC as Plaintiff against Christine R. Brady as Defendant on October 11, 2004, to File No. 2004-5098. Default judgment in the amount of $15,298.02 entered December 14, 2004. This judgment may be a lien on the subject premises in the event of the divorce or death of James W. Brady. Excepted from this title report is that potion of the land lying between the premises described in Deed Book "A," Volume 26, Page 80, and land now or formerly of the Pennsylvania Railroad Company, which land was claimed by James W. Brady and Christine R. Brady by adverse possession. 11. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 12. Real estate taxes accruing on and after July 1, 2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bi111412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be valid or ind' g until countersigned by an authorized signatory. . . REAi. EBTATB BALE NO. B8 Writ No. 2005-6078 Chdl HSBC, a London Corporation, s/b/m/a of Household Finance Consumer Discount Company va. Christine R Brady Atty.: Marc Weisberg LEGAL DESCRIPTION All that certain tract of land with the improvements thereon erected actuate in the Fourth Ward of the Borough of Carlisle, Cumberland Counly, Pennsylvania, bounded and described in accordance with sur- vey made by Stephen G. Fisher, Registered Surveyor. on April 9, 1975, a draft of said survey being attached hereto and incorporated herein by reference, as follows: Beginning at a point on the Southem line of Fifty-three and Eight Tenths (53.8) feet wide of Lincoln Street at comer of land now or for- merly of Raymond Elliot, which paint at the place of beginning fa One Hundred Thirty-eight and Nine Tenths (138.9) feet East of the East- ern line of North West Street; thence from said point at the place of be- gkming along the Southern line of said Fifty-three and Eight Tenths (53.8) feet wide Lincoln Street, South 83 degrees 50 minutes 30 seconds East, a distance of Ninety- nine and Twenty Hundredths (99.20) feet to a point at corner of land now or formerly of Pennsylva- nia Railroad Company: thence along Bald line of land now or formerly of Pennsylvania Railroad Company, South 04 degrees 47 minutes West, a distance of One Hundred Eleven and Seventy-eight Hundredths (111.78) feet to a stake on the North- ern right-of--way line of Pennaylva- nla Railroad; thence along the Northern right-of-way line of said Pennsylvania Railroad, North 70 de- grees 23 minutes 30 seconds West, a distance of One Hundred Eleven and Twenty-eight Hundredths (111.28) feet to a point; thence North 05 degrees 34 rnirtutea East, a dis- tance of Fifty-eight and Fourteen Hundredths (58.14) feet to a stake at the Southeastern comer of land now or formerly of Raymond EWot; thence continuing along a fence and said land now or formerly of. Raymond Elliot, North 05 degrees 34 minutes East, a distance of One Hundred Two (102) feet to a point on the Southern line of Fifty-three end Eight Tenths (53.8) feet wide Lincoln Street, the place of begin- ning. Having thereon erected a frame bungalow known as 154 Lincoln Street, and a two story block ga- rage apartment building known as 154 1/2 Lincoln Strcet, and a two story frame dwelling house as No. 158 Lincoln Street. BEING KNOWN AS 154 Lincoln Street, Carlisle, PA 17013. Beim; the same premises which ':ravers G. Spragltn, by deed dated the 4/14/1975, and recorded 4/ 15/1975 in the Office of the Re- corder in and for Cumberland County in Deed Book A-26, Page 80, granted and conveyed to Christine .R Brady and James W. Brady (De- ~ceaeed), In fee. TAX MAP PARCEL NUMBER: 05- 20-1798-066. W a E ~:~ ,. _- ...