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Home My WebLink About06-0446 'McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 v. George G. Schaeffer 10 Patricia Drive Eno1a, P A 17025 and Debra W. Schaeffer 10 Patricia Drive Enola, P A 17025 Attorney for Plaintiff Cumberland County Court of Common Pleas Number O~ - 446 c/(~~ l ~82i:r1 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have .been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed wi thout you and a j udgrrent may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumbe~land County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 AVISO Le han demandado a usted en la corte. 8i usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Race falta asentar una corrparencia escrita a en persona 0 con un aJ:x:::gada y entregar a la corte en fonna escrita sus defensas 0 sus obj eciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Dsted puede perder dinero a sus propiedades u atras derechas importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDlATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. Sl USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARlO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 HSBC, a London Corporation, s/b/mla of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 Attorney for Plaintiff Cumberland County Court of Common Pleas v. George G. Schaeffer 10 Patricia Drive Enola, P A 17025 and Debra W. Schaeffer 10 Patricia Drive Eno1a, P A 17025 Number ()~ - 4LJb. Ci 0~l Y82-ht CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is HSBC, a London Corporation, s/b/mla of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is George G. Schaeffer, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 10 Patricia Drive, Enola, PA 17025. 3. The Defendant is Debra W. Schaeffer, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 10 Patricia Drive. Enola, PA 17025. 4. On 03/31/2005, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office ofthe Recorder of Cumberland County in Mortgage Book 1902, Page 3125. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 10 Patricia Drive, Eno1a, PA 17025. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/05/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 109,477.95 Interest through 12/12/2005 $ 3,954.73 (Plus $ 26.33 per diem thereafter) Attorney's fee $ 5,473.90 Corporate Advances $ 230.80 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 119,687.38 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If 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. S403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 P A Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $119,687.38, together with interest at the rate of $26.33 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~.A./7~ ..-/1/7;.-</ y 41/ ~~_ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Tracey B. Williams, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, \-\<sec., ,A Lo(\Ar,i\ c.."\fD';~-\-\O" 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 turther states that false statements herein are made subject to the penalties ofl8 P A.C.S. ~4904 relating to unsworn falsification to authorities. }tUUllvcf3, W~ T race; ~~';iftia:rs .[1400 ,..\ ~ fiC!lEF.T p. 7.IEGLER "ECO~DE" OF DEEDS. 'O"'lT" ' CU" ~EnL;'.~~O v .... . -. 1- "'i.'~ ~ "I ~\-" 711714 \:J')~ I MORTGAGE I D IF BOX IS CHECKED. THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. 200S APR 5 PlH2 16 THIS MORTGAGE is made this day 31ST of WlRCH 2005, between the Mortg~gor, GECJl6E G. SCHAEFFER AND DEBRA W. SCHAEFFER. HUSBAND ANifW I FE (herein "Borrower") and Mortgagee BENEFICIAL CDNSlMER DISCWNT CWANY D/B/A BENEFICIAL MORTGAGE CO OF PENNSVLVANIA . a corporation organitcd and elisting under the laws of PENNSVLVANIA ,whose address is 4910 CARLISLE PIKE. SUITE 104-HllMPDEN CENTER, /JECHANI Csatm. PA 17050 (herein "Lender" ). rill The followiog par.graph preceded by a cbecked box is .pplie.ble. ~ WHEREAS, Borrower is indebted to Lender in the principal sum of $ 109.614.53 , evidenced by Borrower's Loan Repayment and Security Agreement or SeCOndary Mortgage Loan Agreement dated MARCH 31. 2005 and any extensions or renewals thereof (herein "Note"), providing for monthly installments of principal and interest, including any adjustments to the amount of paymeots or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on IIPR I L 1. 2026 D WHEREAS, Borrower is indebted to Lender in the principal sum of $ , or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (berein "Note"), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (I) the indebtedness evidenced by the Note, with interest thereon. including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenanta and agreements 01 Borrower herein contained, Borrower docs hcre!morDDtg.~ grant and convey to Lender and Lender's successors and assigns the following described p ty 10 'ti<lIY o}\ eut.BERLAND Commonw I ALL THAT CERTAIN PROPERTV SITUATED IN THETOWNSHI PE~ORO I N THE CWNTV OF CI..MlERLANl AND Ca.tMONWEAL TH OF PENNSVLVANIA. BEING IDlE FULLY DESCRIBED IN A DEED DATED 07/31/1978 AND RECCRJED 07/31/1978. AIDlG THE LAND RECOODS OF THE OOJNTV AND ST ATE SET FffiTH ABOVE, I N DEED VOLUME V27 10-Z~ SldGE 434. TAX MAP ffi PARCEL 10 NO.: 09-14-0836-159 PA001ZEl IllmllWlmllllUIUIDlIIllllIlllllllllIllID MS58CE5e95K9~TG8000PAD012E10-MSCHAEFfER II ORIGINAL BK I 902 PG 3 I 25 " ..- -2- TOGETHER with all the improvements now or hereafter erccted on the property, and all casements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property. and that the property is unencumbered, except for encumbrances 01 record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Princip.l.nd Interest at Variable Rates. This mortgage secures all payments of principal and interest due on a variable rate loan. The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Note. 2. Funds for Taxes and Insurance. Subject to applicable law and only il requested" in writing by Lender. Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein 'Funds") equal to one~welfth of the yearly taxes and assessments (including condominium and plsnncd unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one~welfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable cstimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (incl uding Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxcs, asseasments, insurance premiums and ground rents. Lender may not charge for SO holding and applying the Funda, anslyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that intercst on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requircs such interest to be paid, Lender shsll not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an .nnual .ccounting of the Funds showing credits and debits to the Funds .nd the purpose for which each debit to the Funds was made. The Funds arc pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxcs, assessments, insurance premiums .nd ground rents, shall exceed the .mount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to m.ke up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or theProperty 10-20-03 MTG PA0012E2 IlIImlllllmllllllllllDlllmImIU~IIIUIIII!II~IMIIUMllllm'l .S58CE5E9SK91MTG8000PA0012E20MMSC~EFFER . oRIGINAL BK 1902PG3126 ~ 03- is otherwisc acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then winter<:st,and then to the principal. . 4. Prior Mortg.ges .nd Deed of Trust; Chuges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, inclUding Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fincs and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. S. Hazard Insuunee. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire. hszards included within the term "extended coverage," and such other hazarda as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall oot be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with alien 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 !ails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collcct and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sumssccured by this Mortgage. 6. Preservation and Maintenanee of Property; Leaseholds; Condominiums; Plaoned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage ison a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declarstion or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. ...1. Protection of Lender's Security. If Borrower fails to perform the covenants. and agreements contained in this Mortgage. or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums. including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 1. with intercst thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgsge. Unless Borrower and Lender agree to other terms of payment. such amounts shall be paysble upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 1 shall require Lender to incur any expensc or take any action hereunder. lD-2D-D3 MTG PA0012E3 IlImll~lgIIIIIIIIIUlnIDlllllBIBlmIMII~Blmlll MSSBCESEB5KS7WITG8000PA0012E30MMSCHAEFFER iii ORIGINAL BK I 9 0 2 PG 3 I 2 7 ~ -4- 8. Inspection. Lender may take or cause to be made rC8S0nsble entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Coodemnatioo. The proceeds of any award or claim for damages, direct or consequential, in conncction with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the lcrms of any mortgage, deed of trust or other security agreement withalien which has priority over this Mortgage. 10. Borrower< NofReleased; Forbearance By Lender Not a Waiver. ExtenSion of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner. the liability of the original Borrower and Borrower's suc<:cssors in interest. Lender shall not be required to commence proceedings against such suc<:csSOr or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by rc8SOn of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or prcclude the exercise of any such right or remedy. I t. Successors and Assigns Bound; Joint and Sever.. Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective succcssors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but docs not execute the Note, (a) isco-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any othcr accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without relcssing thst Borrower or modifying this Mortgage as to that Borrower'sinterestinthe Property. 12. Notiee. Except for any notice required underapplicablelaw to be given in another manner, (a) any notice to Borrower provided forin this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in themannerdcsignated herein. 13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no applicable/aw is contained therein, the state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of FCderallaw to this Mortgage. In the event that any provision or clauscof thisMorlBage or the Note connicts with applicable law, suchconnict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note arc dcc1arcd1O.bc scverable..As used herein, "costs: "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. - 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note aod of this Mortgage at the ti me of execution or after recordation hereof. 15. Reh.bilit.tion Loan Agreement. Borrower shall fulfill all of Borrower's Obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against ~~~~~o;h:r:u1imlllmlliinMmmimillnili{Dlliiiil1Iilrdr~l~iflilpe::~~lZE4 NSS8ceSEBSK9~TG8000PA0012E40M-SCHAEFFER It ORIGINAL BK I 9 0 2 PG 3 I 2 8 -5- 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrancc subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or Jess not containing an option to purchase, (d) the creation of a purchssc money security interest for household appliances, (c) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting f.rom a decree of dissolution of marriage, legal separation agreement, or from an incidental property senlement agreement, by whiCh the spouse of the Borrower bcoomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary .00 which does not rc1ate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continuo to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender docs not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies pcrmitted by paragraph 17 hereof. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragr.ph 16 hereof, upon Borrower's breach of any coveunt or .greement of Borrower in this Mortg.ge, including the covenants to pay when due any sums secured by thia Mortgage, Lender prior to .cceleration shall give notice to Borrower IS provided in paragraph 12 hereof specifying: (I) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; .nd (4) that flilure to cure such breach on or before the dde specified in the notice mlY result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proc:eeding, and sale of the Property. The notice sh.U furtber inform Borrower of the right to reinstate .Iter leceleration and the right to assert in the foreclosure proceeding tbe nonexistence of I default or any other defense of Borrower to .eeeleration and foreclosure. If the breacb is not cured on or before the date specified in the notice, Lender, at Lender's option, m.y declare all of tbe sums secured by this Mortgage to be immediltely due .ad p.y.ble without further demand and may foreclose this Mortgage by judicill proceeding. Lender shall be entitled to collect in such proceeding .11 expenses of foreclosure, including, but not limited to, reasonable .!torneys' fees and costs of documentary evidence, Ibstracts and title repQrts. _ 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enfon::e this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or 10-20-03 MTG PAOD12ES 1111.lmm!ll~IIUII~III~lmnllllllllllmllllmlllm~lmlllllllllmli~ -S58CESEB5K97MTG8000PA0012E50WMSCHAEFFER . ORIGINAL BK I 9 0 2 PG 3 I 2 9 . ., . " J- -6- agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and sgreements of Borrower contained in this Mortgsge, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takcs such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's intercst in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment snd cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no accelerstion had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collcct and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, We possession of arid manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of rccordstion, if any. 21. Waiver of Homestead. Borrower hereby waivcs all right of homestead exemption in the Property under state or Federal law. 22. Interest Rate After Judgment. Borrower agrees the inlCrest rate payable after a judgment is entered on the NolC or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the NolC is hereby incorporated by reference and made a part of this Mortgage. (THIS SPACE INTENTIONALLY LEFT BLANK) 10-20-03 MTG 11011110111101100 mlIIIIIIIIllllIlDmIIIIRIIIIH~lmlRllllll PAOOl2E6 OSS8CESEBSK9TMTG8000PA0012E6G"SCHAEFFER If ORIGIN'l BK I 9 0 2 PG 3 I 3 0 -. -7- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of t~is Mortgage, of any default under the superior encum nce and of)Jn Ie 0, ther foreclosure aCl1on. , EORGE , CHAEFFER - rrower Dt&. ~.~~*!~~e: I hereby certify that the precise address ofthe Lender (Mortgagee) is: 4910 CARLISLE PTK!':. SIITT!': 104 MECHANICSBURG,PA 17050 On behalf of the Lender. By: JANINE M. SHEAFFER Title: SALES ASSTSTANT COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: I, DENISE M. CHUBB a Notary Public in and for said county and state, do hereby certify that GEORGE G. SCHAEFFER AND DEBRA W. SHAEFFER HUSS WIF personally known to me or proven sat! actortly to be t same person s whose name s ...ARE subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that T heY signed and delivered the said instrument as THEIR OWN frcc voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 31ST CO MONWEALTH OF I>ENNSYLY. M C .., Nolan.1 Seal y ommlSSlon expires: Denise M. Chubb, Notary Public Rye Twp., Pef'Y County My Commission Expires Oct. 31. 2005 Member. Pennsylvania Associalioo of Notaries day of MARCH , 20..!!2-' ~Q~\.vn (}.AuJJ-#- Notary Public COMMONWEALTH OF PENNSYLVANIA, County ss: I, a Notary Public in and for said county snd slate, do hereby certify that personally known to me or proven satisfactorily to be the same person(s) whose name(s) subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that he signed and delivered the said instrument as frcc voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 20_. My Commission expires: Notary Public This instrument was prepared by: JANINE M. SHEAFFER INamal 4910 CARLISLE PIKE, SUITE 104 (Add,...) PA001ZE7 MECHANICSBURG,PA 17050 Inmlll~IIIIIDU.lllllllllllmllllll~IIIIIUti .S58CE5EBSK91MTG8000PA001ZE10M.SCHAEFFER " DRIClN4L BK I 9 0 2 PG 3 I 3 I ~ ~ -;:j 7R ~ \t:. l:i.. . Vl -::t CY ~ ~ _1 W - v ~~?- II E J:- ,....' \ (-~ , l'. ~ ',~ 8 '\. SHERIFF'S RETURN - REGULAR , CASE NO: 2006-00446 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC VS SCHAEFFER GEORGE G ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHAEFFER GEORGE G the DEFENDANT , at 1803:00 HOURS, on the 24th day of January , 2006 at 10 PATRICIA DRIVE ENOLA, PA 17025 by handinq to DEBRA SCHAEFFER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE toqether with and at the same time directinq Her attention to the contents thereof. Sheriff's Costs: Docketinq Service postaqe Surcharqe 18.00 12.32 .39 10.00 _00 40.71 So Answers: :r'~~1' R. Thomas Kline 01/25/2006 MCCABE WEISBERG CONWAY Sworn and Subscribed to before 30 ~j, day of lJ052 e uty Sheriff By: A.D. ~. SHERIFF'S RETURN - REGULAR , CASE NO: 2006-00446 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC VS SCHAEFFER GEORGE G ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHAEFFER DEBRA W the DEFENDANT , at 1803:00 HOURS, on the 24th day of January 2006 at 10 PATRICIA DRIVE ENOLA, PA 17025 by handing to DEBRA SCHAEFFER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ._F"'" / ~~ r"~. f.......(,,// . .",..,:;;;:"."_,,,c,4'<. ~ "~I R. Thomas Kline ' 01/25/2006 MCCABE WEISBERG CONWAY Sworn and Subscribed to before me this 30P day of Jaf4~ Prot ota y By: pUC$f A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION FlLE NO.: 06-446 Civil Term HSBC, A London Corporation, slb/mlaofBeneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. AMOUNT DUE: $121,688.46 George G. Schaeffer Debra W. Schaeffer INTEREST: from 2/28/06 - 6/7/06 $2.040.00 at $20.00 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but ifit does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and forreal property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION lssue writ or execution in the above matter to the Sheriff of Cum berland County, for debt, interest and costs upon the following described property of the defendant(s) 10 Patricia Drive. Enola, PA 17025 (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 gamishee(s) for the following property (ifreal estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). (Indicate) lndex this writ against the garnishee(s) as a lis pendens against real estate ofthe defendant( s) described in the attached exhibit. DATE: Signature: -;':::::'--z...-t..-<---YI <.<.- f}. 111 r" ,;;:{~. Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street. Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 7901010 Supreme Court ID No. 16496 W r-- 7:::JO ~ "'11- 1~ ~~ ~ ~ ~. ~ -+-- ~ V\ ~ , ~~ V( \) C- () 7"2 '( 1.;,., ~ "C:J ~~~~ "\) ~....o, o..:t\). ~ U(C)V)c;-e> - c:; C) ()\ I ~ -:.rJ \ -\) pc-- -:: - ~ : -:: - ~ oJ;!2 " - -...,~ ., " -.. 1 -' ~C" .", -.' \",,) ~ WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-446 Civil CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC, A LONDON CORPORATION, SIBIMIA OF BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff (s) From GEORGE G. SCHAEFFER AND DEBRA W. SCHAEFFER (I) 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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $121,688.46 L.L. $.50 Interest FROM 2/28/06 - 6/7/06 - $2,040.00 AT $20.00 PER DIEM Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $138.71 Plaintiff Paid Date: MARCH 1,2006 CURTIS R. LONG (Seal) Proth02); --llY 'Cl.t (/ J? ~C-R.R./J't-J Deputy REQUESTING PARTY Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court TD No. 16496 . McCABE, WEISBERG AND CONWAY, p,c. BY: TERRENCE J, MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 HSBC, a London Corporation, sfb/mla of COURT OF COMMON PLEAS Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland COUNTY v. Number 06-446 George G. Schaeffer and Debra W. Schaeffer AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 10 Patricia Drive, Enola, P A 17025, a copy of the description of said property is attached hereto and marked as Exhibit "A." I. Name and address of Owners or Reputed Owners: Name Address George G. Schaeffer 10 Patricia Drive Enola, PA 17025 Debra W. Schaeffer 10 Patricia Drive Enola, P A 17025 2. Name and address of Defendants in the judgment: Name Address George G. Schaeffer 10 Patricia Drive Enola, P A 17025 Debra W. Schaeffer 10 Patricia Drive Enota, P A 17025 . / 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Address 4. Name and address ofthe last recorded holder of every mortgage of record: Name Plaintiff herein. Address 5. Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 10 Patricia Drive, Enola, P A 17025 P.O. Box 320 Carlisle,PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 . Internal Revenue Service Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, P A 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. February 28,2006 --;.-~ (~9. 111 ( ~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff DATE ---~. " .-.} ';, - ~,.' '-'-I _..'~ , .- McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff HSBC, A London Corporation, s/b/mla of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas Number 06-446 vs. George G. Schaeffer Debra W. Schaeffer NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: George G. Schaeffer Debra W. Schaeffer 10 Patricia Drive Enola, P A 17025 Your house (real estate) at 10 Patricia Drive, Enola, P A 17025 (Tax Parcel #09-14-0836-159) , is scheduled to be sold at Sheriff's Sale on June 7, 2006 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $121 ,688.46 obtained by HSBC, A London Corporation, s/b/mlaofBeneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: I. The sale will be canceled if you pay to HSBC, A London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the morc chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) " YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE I. Ifthe 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) 790-10 I O. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that tirne, 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 COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 . - ~ ,- ~..~ ,"-.,) 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. George G. Schaeffer and Debra W. Schaeffer Attorney for Plaintiff Cumberland County Court of Common Pleas Number 06-446 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 12/13/2005 - 02/27/2006 TOTAL AND NOW, this ~ay o;)=-.sb . $119,687.38 $ 2.001.08 $121,688.46 ~~- TERR" E'J . McCABE, ESQUIRE , 2006, Judgment is entered in favor of Plaintitl~ HSBC. a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, and against Defendants. George G. Schaefler, and Debra W. Schaeffer, and damages are assessed in the amount 01'$121,688.46, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff HSBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas v. George G. Schaeffer and Debra W. Schaeffer Number 06-446 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND The undersigned, being duly sworn according to law, deposes and says that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, George G. Schaeffer, is over eighteen (18) years of age and resides at 10 Patricia Drive, Enola, PA 17025; and that the Defendant, Debra W. Schaeffer, is over eighteen (18) years of age and resides at 10 Patricia Drive, Enola, P A, 17025. SWORN TO AND SUBSCRIBED BEFORE ME THIS 27TH DAY OF FEBRUARY, 2006. 11nuJ~'tL( j ~ 4f~ NOTARY PUBLIC ~ .' -(' TERRENC . McCABE, EsQetRE Attorney for Plaintiff iIOl'AJIALlIlAL II I - A...... NaWJ..... Ill' .... 1l~''U'' c..IIf :- .,' .. :"-'I!.- McCABE, WEISBERG AND CONWAY, p,c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 HSBC, a London Corporation, sfb/m/a of Bcneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. Gcorge G. Schadlcr and Debra W. Schaeffer Attorney for Plaintiff Cumberland County Court of Common Pleas Number 06-446 CERTIFICATION Tcrrence J. McCabe, attorney for Plaintifl, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules ofCivi] Procedure. Copies of said letters arc attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS 27111 DAY OFFERROARY, 2006" Ifrt, llAdul<< O. -~ [ARY PUBLIC "_. 1~1BAL CII14m" .~Nat.Iy..... .. . ..~--~'l"CIIIlr ~-........ ~ . / TERRE C J. MC~ABE, Attorney for Plaintitr ~, UIRE VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.C.S. Section 4909 relating to unsworn falsification to authorities. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary February ] 5, 2006 To: George G. Schaefler 10 Patricia Dri ve Enola, PA 17025 ]-]SBC, a London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pcnnsylvania vs. George G. Schaeller and Debra W. Schaeffer Cumberland County Court of Common Pleas Number 06-446 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER.JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE VOlr ARE IN J>l-:Fi\IJLT BIT.'\I!S!-: YOr: llAVE [-(\lllJ> TO [''iTER;\ WRrfTJ:N ArPEA[{,\NCh I'U~S()N'\I.l_Y (m BY AIHlENL'r N'-il) FlIL 11'\ V,iRITIN(; WITI! TilE COURT Y()I!I{ IH,FFNSES (ll{ OBJI:('IJONS TO TIll: CL\/.iI"fS SI:T FORTI I Nir\INST ytW. lJNU':SS YO!' ACT \\.Tl!!/r-,l TI.:I\' (10) JJ,\YS FROM T]IL IMTI: (JF HIlS NOTl('E, 1\ JUIKiMI'NJ' \1/\\ m' L\lTl:JI.I;I) M;A(I\ST YO!! \Io,'lTJ J( )UT i\' IFARIN(, AND y()l.l Mt\ Y LOS" YOUR I'ROrt:RTY OR 01 J lI'R Jr'vIPORTANT RJGHTS. Y01! Sf/DriLl) "1"/\/(1: nlls J'i\I'J-:R TO 1'01 If{ L/\WYLif{ AT ON(E IF YOl D() NOT 11.\\'1:: A L.\W\TR. (;(1 TO OR TUITHONF THE OI"FICj' Si'T I-OR1H BunOW'. THIS OITICT CAN PfWVIlX: yOU WITH INfl)p.rvL'\TlON i\IiOliT II!RING ,\ L,\WYTR. II' 'VOl I ('/\NNOl i\H()RI)T()HII~l:i\ I,\W\'U./., THISOFFH'I': t\I'\Y HI: At'ILI.: n )PR( )\'11)]: YOI,' WrrlllNHOlRr--d:\TH n~ ABour N]I,:NClLS TlISI :V1AY'OFT!.:]./. 1Eli,\L SLR\,}(TS Tn H,101B1Y I'I-:J{SONS AT A R]JW('U) F1':L ()R NO IFI:, ~ JSTLD Sr: ENCI IF"'lTRA l'.N EST ADO DE REBELD1A POR NO llABER /'\{FSH\lADO L'_r..J!\ COMf'ARErENCIA ESCRITA, YA SEA I'LRS(lNi\1 tvlENTEO POR ABoGADO 'i POR NO HABER RADllAIX) I'OR ES('JOTO CON rSIT TKIBlJNAL SUS DEFENSi\S lJ OBJI-'CIONES A LOS RLClM.toS FO!Uv1l:LADOS EN CONTRA StlYO, AL NU TOMAR LA ACCION DI:TlID/\. DEN1RO DL DWl (10) DIAS DE LA FEOlA DE ESTA NOTlFlCAClON. tL TRIBUNAL PODRA, SIN NECESIO,A.O DE COMPARI:CER IJSTED EN CORTE lJ 01R PREUBA ALGLJNA, OICli\R SI-:N1E\( '1,\ F"I SU {'ONTRA Y {ISTED l'ODRIA PERDER I31ENES U OTROS D!-':RLUi()S l~lI'ORT,"NTF:S. (JSTf'[) U: D1.-:HI.: TOMAR. ESTC PAPEL A SU ABOGADO 11\;'r-.,tr:OI,,\TAJ\-H:NTL S! liSTED NO TIENF: A ["N ABOGADO, VA A 0 I'ELEFO)\;F..\ LA (lFWIN/\' EXPl!SO ABAJO, ESTA OFICINA LO I'UEDE PUOI'ORClIlN/\U CO"< INFOHMAC'ION ACERCA DE [MPLEAR A UN /\BO(;/\DO. SIIISTFO 1\,'0 1'( !FDE PR()I'ORCIONAR I'M{A FMPLEAK UN ABOGAIJO, EST.\ OHClNA PU!:DI': SER CAPAZ DE I'ROPORCIONARLD CON INFOKr\L-\('lON ,\CF:::RCA OJ.: LAS AOENCI/\S (HiE PllEOEN OFRECER LOS SrK V WIOS LEG!\LI:S /\ I'LRSONAS I.:JJ:GIBLF.S EN UN HONORAR10 RFl)li('jDO Nl N1NGllN lJONORAKIO. Cumherland ('oull1y Bilr Association 2 Liberty Avcllue Carlisle,l'A.17(lP ROO-940+91 OR,/:" ," . " 1'') "'- /' '" / // 4~ ('Ulllherland ('mmly Bar Associalion 2 l.ihl'rty A venul' Cwlisk, Pi\., 17nl3 X(JO'99(J'~IO~?.> .co ~!--- ~ Terrenee'J. eCab~uj,~~-- Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.c. 123 Suulh Bl'Ulul Sh'eet, Suite 2080 Philadelphia, Pennsylvania 19109 T.lM/cmo OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary February 15. 2006 To: Debra W. Schaeffer ] 0 Patricia Drive Enola, P A 17025 HSBC, a London Corporation. s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. George G. Schaeffer and Debra W. Schaeffer Cumberland County Court of Common Pleas Number 06-446 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER ,JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTlFICACION IMPORTANTE YOll ,\R[ IN Df-TA(:LT BU'-,WSI-:: YOU IIAVI-: FA1L1T) ro ENTER A \VRIT/!:J\" AI'l'l,\R:\Nn: PERS(Jl\;Al,LY OR BY,\TTORNI-:Y .\NfJ [.JLE r~ \\TtlT1J\'{; WIlli 'rill.: Courn '{mil{ DLlTNSES (j[{ OBJlTTJONS TO THr CLAIMS Stl" FORTlJ,$;i\I\JS r YOl;, UNLESS VOl! /\CT WllllIN TI.:N (10) DAYS FROlvl TilL D1\I"1' 01' TI 11S ,,"'OTlCE, A Jl iD(;MI'NT !\M Y HE l:NTtRED .'\(iA]NST 1'011 \\llniOl IT ,\ I IEAR I~(j\"'[) Wlll r>..lt\ Y I,OSr-: Wll m PROPFRTY OR OTIIER lMI'OlfL\NT RltjllTS. yO! I SHOt :U) T.'$';'I' THIS I'AI'II< TrJ '{(JIIR LA\VYLR ."11' ONCI,< II" YOlI 00 NOT [IAVE!\ L:\\IiYFR. {;O TOOR TH.FPIIONI; Till' OITll'l' SEl HWTll BL'L(l\A,'. THIS (JF!.ICT C/\N I'I{OVIDI YOI! WITH INHJI{~lATl{)~ ABOIIT HIHJN(j ,\ L,\WYI-,R. 11- YOU l'AJ\:NilT MHllwro 11IHr: ,,\ L\\\'YJ'H. TIllS OFFICI M,\ Y BL ABU: Ii) I'ROVI[)j. Y< II ,I \VIT11 INH)RMATl()'v ,\HOt ~T t$,ENClES Tll,\T 1\1\ Y $FI'ER LHiAlsnn'llTS TO LLI(ilBl.I PU<SONS A'I 1\ REDI In]) FU:OR:--.J() H'E lJSTH) SF: EI\Cl'ENTl-IA EN EST ADO DE Rl.:BELDIA pOJ~ NO HABER PRESt':Nl,\DU UNA COMPARECENClA ESC'RITA, YA SEA PERSONALMENTE 0 POI-: ABOGADO Y POR NO HABER RADlCAlJO POR ESCRJTO CON FSTE TRrBLINAL SUS Dl:::l'ENSAS U OBJEOONES A LOS RITrA~IOS FOR~J[:L,\D()S EN CONTRA SIIYO. AL NO TOMAR LA ,\(,('I()~' lJU:lfDA j)!-::NTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA l'\OTfFJCM'lON, LL TRIl3!INAL POURA, SIN NECESlDAD 01-: COMP,\RECER LISTED EN CORn: lJ OJR PREIlHA ALGlJNA, DICTAR SENTENCIA LN SlI CONTRA Y I IST!.:D rODRIA PER!JER BlfNES I] OTROS DFRH'llOS IMPORTANJ'l:S. Usn-]) LF DrJH: TOMAR ESTE PAPEL A SlJ ABOGADO lNMI:JJIATAI\1J:NTE. SI IISTU) NO T1ENf-: A UN AHOGADO, VA A 0 J"ELEI'ONh\ I.A UFlClN/\ LXPUSO ABAJO. EsTA OFICINA LO PlIEDE I'IWI'ORClOl\'AR CON lNFOJU\/fAClON ACERCA DE EMPLEAR A UN I\HO(I,.\f)() SI l.1ST!:D NO 1'L'I:rlE I'J{()('ORCJONAR PARA EMPLEAR UN ABOGADO. 1ST.-\ OFln!\:\ ['I lUll: SU~ CAPAZ DE PRl)f>ORCIONARLO CON INFORM:\CJON l$ "!..R( 'A DE LAS A<JENClAS OU1': PUEDf---:NOFRECER LOS SFRV1ClOS LUiALFS .'\ PERSONAS aLGIBLES [J',: UN IlONORARIO RI:mICJIJ() NJ NIN(jI.lN IJ()NflRARIO. Cumoerland County Bar Association 2 I ,inert)' AVl'nue Carlisle. P/\. /7013 800-990-9108 Cumberland County Bar Association 2 Liberty Avenue Curlisk, P/\. 170.1-3- 800-990-9108 '------ Terrehce J. cCabe, EsqUIre Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.c. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJM/cmo -if7 P ,..{) C/ ;:::) 'U.$ ~\l=-;=~ ~ ~~?- ~ ~ "']- ~ f= r:':> ;-;}\ ;;'; --,0, ';";"j 0:"', \_;.A --..., r:..~ ,r.-; '" -------- OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary To: George G. Schaetler 10 Patricia Drive Enola, P A 17025 HSBC, a London Corporation, slblmla of Beneficial Consumer Discount Company dlbla Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas v. George G. Schaeffer and Debra W. Schaeffer Number 06-446 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. 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 (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA ]7013 Curt Long Prothonotary To: Debra W. Schaeffer 10 Patricia Drive Enola, P A 17025 HSBC, a London Corporation, slb/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas v. George G. Schaeffer and Debra W. Schaeffer Number 06-446 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. (j~ Curt g 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 (215) 790-1010. McCABE, WEISBERG AND CONWAY, p,c. 'BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 Soutb Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff HSBC, A London Corporation, s/b/m/a of Benclicial Consumer Discount Company d/b/a Bcnclicial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas Number 06-446 vs. George G. Schaeffer Debra W. Schaeffer AFFIDAVIT OF SERVICE I, Terrcnce J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 4th day of April, 2006, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Aftidavit 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 hereofand marked as Exhibit "B." I , , -/ I / , TERRENCE J. McCABE, ESQUIRE Attorney for Plaintitf SWORN TO AND SUBSCRIBED BEFORE ME THIS 4TH DAY OF APRIL. 2006. //., . ;' 1/ d 11M ~Ch\ . a NOTARY PUBLIC ( ^ JtCUf<: . /- /(~/nc 1i'1 / C COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chnssandra Shaye Hamilton, Notary Public City olPhlladelphla Phila. County __~Y.~.EE~l!T""s_slon. ~xp~~~_~"~uary 4, 2009 < ---. McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J, MCCABE, ESQUIRE Attorncy for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 I'hiladclphia,l'A 19109 (215) 790-1010 lISBC. a London Corporation_ s/b/m/a of COURT or COMMON PLEAS Bcndicial Consumer Discount Company d/b/a Beneiicial Mortgage Company of Pennsylvania Cumberland COUNTY v. Number 06-446 George G. Schaeffer and Debra W. SchaetJer AFFIDAVIT I>URSUANT TO RULE 3129 I, Tcrrence J. McCabe, Esquire, attorney for PlaintiiTin the above action, set forth as of the date the Praecipe for the Writ of Exccution was filed thc following information concerning the real property located at: 10 Patricia Drive, Enola, P A 17025. a copy of the description of said property is attached hereto and marked as Exhibit "A." I. Name and address of Owners or Reputed Owncrs: George G. Schaeffer 10 Patricia Drive Enola, P A 17025 ~ ;{ c' ~:' Name Address Dcbra W. Schaeffer 10 Patricia Drive Enola, P A 17025 2. Name and address of Defendants in the judgmcnt: Name Address Gcorge G. Schaeffer 10 Patricia Drive Enola, P A 17025 Debra W. Schaeffer 10 Patricia Drivc Enola, P ^ 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real propcrty to bc sold: Name PlaintitI herein Address 4. Name and address of the last recorded holder of every mortgage of record: Name PlaintitI hcrein. Address 5. Name and address of every other person who has any record lien on the property: Name None 6. Address Name and address of every other person who has any record intcrest in the property which may be atlectcd by the sale: Ii""'. ",. : L. ' ~\"'3 '\/ ') ; :~: ~ (-.-,.-; Name None \ Address 7. Name and address of every other pcrson of whom the plaintilThas knowlcdgc who has any intcrest in the property which may bc affcctcd by the sale: Namc Tenants Domestic Relations Cumberland County Commonwealth of Pennsylvania Coinmonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau oflndividual Tax Inheritance Tax Division Department of Public Welfare TI'L Casualty Unit Estate Recovery Program Address 10 Patricia Drive, Enola, P A 17025 P.O. Box 320 Carlisle. P A 17013 Department of Public Welfarc P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, P A 17105-8486 Internal Revenue Service Tcchnical Support Group, William Grcen Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 1 verify thac the statements made in this AffIdavit are true and correct to the best of my pcrsonal knowledge or information and belief. I understand that false statements herein are made subjcct to the penalties ofl8 Pa.C.S. Section 4904 relating to u~worn falsification to authorities. April 4, 2006 _ _._~V ,i /'-\. .......... / ' DATE TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff '"'" \ ......lfi, " j, '\ McCABE, WEISBERG AND CONWAY, P.c. . BY: TERRENCE.I. McCABE, ESQUlRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff HSBC, A London Corporation, s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas Number 06-446 vs. George G. Schaeffer Debra W. Schaeffer DATE: April 4, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE 01<' REAL PROPERTY OWNER(S): George G. Schaeffer and Debra W. Schaeffer EXH\B\T B PROPERTY: 10 Patricia Drive, Enola, PA 17025 IMPROVEMENT:1: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 7, 2006, 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 rnay wish to attend the sale to protect your interests. A schedule of distribution will be tiled 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 tiled thereto within 10 days after the tiling of the schedule. - '" --> r.B i :"~\..J{-'a u; ,.. "" i!.~ --> '" ~ .. ~ ,.., ...,g.r/lQo ~ "! z"-,,,'if!5 ~ ~'& ?l, ., "0 ... ~ p. ':'l ~9., (l ~.~ :2',P ;-' "< '" <"'"'" p..n p- ~ ~ ('J ~ '"t:i't?~rt < ""'l. 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Markowitz, Esquire Attorney tD #28009 123 South Broad Street, Suite 2080 Philadelphia, P A 19109 (215) 790-1010 Attorneys for Plaintiff HSBC, A London Corporation, slb/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania CUMBERLAND COUNTY COURT OF COMMON PLEAS VS, George G, Schaeffer Debra W, Schaeffer NO, 06-0446 PETITION OF PLAINTIFF HSBC TO VACATE AND SET ASIDE SHERIFF'S SALE OF REAL PROPERTY Plaintiff, HSBC slb/m/a of BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, by and through its attorneys, hereby petitions this Honorable Court, pursuant to Rule 3132 of the Pennsylvania Rules of Civil Procedure, to vacate and set aside the sheriff s sale of the real property located at 10 Patricia Drive, Enola, P A 17025("the property") held by the Sheriff of Cumberland County on June 7, 2006, In support thereof plaintiff avers as follows: 1. Subsequent to the entry of judgment in this matter by default on February 28, 2006, plaintiff caused a writ of execution to be issued directing the Sheriff of Cumberland County to sell the subject property at sheriffs sale. 2. Such sheriffs sale was scheduled by the Sheriff of Cumberland County for June 7, 2006, 3. Immediately prior to such scheduled sale, on June 6, 2006, defendants tendered sufficient funds to plaintiff to reinstate the arrears on the underlying mortgage account. 4. Upon receipt of such funds, plaintiff attempted to notify its undersigned counsel of the receipt of such funds and of plaintiff s intention to stay such sheriff s sale, but such communication was not received by plaintiff s counsel prior to such sheriff s sale being held, 5, Unbeknownst to plaintiffs counsel that defendants had reinstated their . delinquent account and plaintiff s intention for such sale to be stayed, plaintiff s counsel directed the Sheriff of Cumberland County to proceed with such sheriff s sale on June 7, 2006 at which time the property was sold to plaintiff on the writ for costs of sale, 6, Plaintiff has filed this petition to set aside and vacate this sheriffs sale since such sale was held in error in that plaintiff s counsel was not aware at the time of such sale that defendants had reinstated their delinquent account prior to such sale and of plaintiff s intention that such sale be stayed. 7, Clearly, defendants will not be in any way prejudiced by this petition to set aside sheriff s sale nor will any prejudice result to any other party since there was no other bidding for the property and the property was purchased at the sale by plaintiff for costs, WHEREFORE, plaintiff HSBC slb/m/a of BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, respectfully requests this Honorable Court to grant this Petition to Vacate and Set Aside Sheriffs Sale of Real Property and to enter an Order declaring such sheriffs sale to be null and void as if such sale had not occurred and reinstating plaintiff s mortgage and otherwise restoring the parties to the same positions they had held prior to such sheriffs sale being held, tL ANDREW L. MARKOWITZ, E Attorneys for Plaintiff lm_ VERIFICATION The undersigned, Andrew L. Markowitz, Esquire, does hereby certify that he is counsel for plaintiff HSBC successor to BENEFICIAL CONSUMER DISCOUNT COMPANY in the above matter; and that he is authorized to make this verification on its behalf and that the foregoing facts as set forth in the foregoing Petition to Vacate and Set Aside Sheriff s Sale of Real Property 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.~4904 relating to unsworn falsification to authorities. Dated: June 21, 2006 L_ ~ (J Tj --I :r: ril ~"", W . -(:; c.) (J'j :~~J "'"'-.1 -< , .. ;"McCABE, WEISBERG AND CONWAY, P,C. \ BY: Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorneys for Plaintiff 7 JUN 2 6 2006 r <( CUMBERLAND COUNTY COURT OF COMMON PLEAS HSBC, A London Corporation, slb/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. George G. Schaeffer Debra W. Schaeffer NO. 06-0446 ORDER AND NOW, this ;) ~ day of ~ , 2006, upon consideration of plaintiff s Petition to Vacate and Set Aside Sheriff s Sale of Real Property("the petition") in this matter, it is hereby ORDERED that: 1) a RULE is hereby issued against defendants George G. Schaeffer and =tfc.t-.illl~ 'f\o.t (,M~i~P of- c~d COc.W~, Debra W. Schaeffer and any other party in interest to show cause why the plaintiff, HSBC d successor to Beneficial Consumer Discount Company, is not entitled to the relief requested; 2) the respondents George G. Schaeffer and Debra W. Schaeffer and any other party in interest shall file an answer to the Petition within twenty (20) days of service upon them; 3) the petition shall be decided under Pa. R. C. P. No. 206.7; ,1 " 4) If an answer is filed to the petition, argument shall be held on the .A. ~ ~ I.f:uo.p.~. 1 'tV" day of "" 0 - , 2006, in Courtroom .3 of the Cumberland County Courthouse, Carlisle, P A 17013; and 5) notice of the entry of this Order shall be provided to all parties by the petitioner. J. '".:,'.'" .. , ,~,:r:\n~) ., ro 11'1 "..,., r '-'7 'l .'i :0 1,:.1 0(,;; juUu J ;Hl jr~:! PH ^, McCABE, WEISBERG AND CONWAY, P,C. BY: Andrew L, Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorneys for Plaintiff CUMB~RLAND COUNTY COURt OF COMMON PLEAS ! I HSBC, A London Corporation, slb/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. I NO. 01-0446 George G. Schaetfer Debra W. Schaeffer CERTIFICATE OF SERVI E I, ANDREW L. MARKOWITZ, ESQ., counsel fo plaintiff in the above matter, do hereby certify that on the 3'd day of July, 2006, I caused true and correct copy of the Order of Court on plaintiffs Petition to Vacate and Set Aside Sher'ffs Sale of Real Property, to bE. served on the following persons, by first class mail, postage pre-paid, addr ssed as follows: George G. Schaeffer 10 Patricia Drive Enola, P A 17025 Debra W. Schaeffer 10 Patricia Drive Enola, P A 17025 Office f the Sheriff Real Estate Division Cumberland County Courthouse One Courthouse Square Carlisle~ P A 17013 '. ANDREW L. 0 Attorneys for P aintiff ',j-'.- McCABE, WEISBERG AND CONWAY, P,C, BY: Andrew L, Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorneys for Plaintiff '7 JUN 2 6 2006 r HSBC, A London Corporation, slb/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. George G. Schaetler Debra W. SchaetTer NO. 06-0446 ORDER AND NOW, this ~~dayof ~ , 2006, upon consideration of plaintiffs Petition to Vacate and Set Aside Sheriffs Sale of Real Property("'the petition") in this matter. it is hereby ORDERED that: 1) a RULE is hereby issued against defendants George G. Schaeffer and :iJ-lc.L",~i~~ ~ ~le~it-P of:- c~d CoiWf.4, Debra W. Schaeffer and any other party in intereslto show cause why the plaintiff, HSBC d successor to Beneficial Consumer Discount Company, is not entitled to the relief requested; 2) the respondents George G. Schaeffer and Debra W. Schaeffer and any other party in interest shall file an answer to the Petition within twenty (20) days of service upon them; 3) the petition shall be decided under Pa. R. C. . No. 206.7; ~ /.- 4) Ifan answer is filed to the 'petition, argument shall be held on the ti--.::1I ~ 4:DO.p,/t'1' 1 &- day of ... O. , 2006, in Courtroom j, of the Cumberland County Courthouse, Carlisle, PA 17013; and 5) notice of the entry of this Order shall be provided to all parties by the petitioner. ~E COUR J. 0' .- r--> C::::.l ,""-~ <.:...:"' ;1 -~, (M_ e:', j""'.o "'-' -C'n- """':::) 0) c::> o McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorneys for Plaintiff HSBC, A London Corporation, slb/m/a of Beneficial Consumer Discount Company d/bla Beneficial Mortgage Company of Pennsylvania CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. George G. Schaeffer Debra W. Schaeffer NO. 06-0446 MOTION FOR RULE ABSOLUTE Plaintiff in this matter, HSBC successor to BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, hereby moves for a Rule Absolute in regard to its petition to vacate and set aside the sheriff's sale of real property located at 10 Patricia Drive, Enola, P A 17025 in this matter, and in support thereof avers as follows: 1. On June 23, 2006, plaintiff filed its petition to vacate and set aside the sheriffs sale of the above property in this matter for the reason that prior to such sale defendants had tendered sufficient funds to plaintiff to reinstate the arrears in their delinquent mortgage account but plaintiff was unable to communicate with its counsel prior to such sale and plaintiffs counsel, not being aware of such reinstatement, proceeded with such sheriffs sale in error, 2, On June 22, 2006, plaintiff served copies of such Petition and related documents on all interested parties, including the Office of the Sheriff of Cumberland County, as set forth in the attached Certificate of Service, 3, On June 27, 2006, this Court entered a Rule To Show Cause entering a Rule against defendant and any other party in interest to show cause why the relief requested by plaintiff in such petition should not be granted. Such Rule To Show Cause further directed that such rule was made returnable within twenty (20) days from the date of service thereof. 4. On July 3, 2006, counsel for plaintiff served all of the parties set forth in paragraph 2 above with such Rule to Show Cause, as set forth in the attached Certificate of Service docketed with the Court on July 24,2006. 5, To the best of plaintiffs knowledge, there has been no answer filed by any party in interest to plaintiff s petition to vacate and set aside sheriff s sale of real property within the time required by the Order of Court entered in this matter on June 27, 2006, WHEREFORE, plaintiff respectfully requests that its Motion For Rule Absolute be granted and an Order be entered declaring the Sheriff s Sale of the property at 10 Patricia Drive, Enola, P A 17025 held on June 7, 2006 to be vacated and set aside as if such sale had not occurred, By: VERIFICATION The undersigned, Andrew L. Markowitz, Esquire, does hereby certify that he is counsel for plaintiff HSBC successor to BENEFICIAL CONSUMER DISCOUNT COMPANY in the above matter; and that he is authorized to make this verification on its behalf and that the foregoing facts as set forth in the foregoing Motion For Rule Absolute 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,~4904 relating to unsworn falsification to authorities. Dated: July 31, 2006 McCABE, WEISBERG AND CONWAY, P.C. DY: Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 2080 Philadelphia, P A 19109 (215) 790-1010 Attorneys for Plaintiff HSBC, A London Corporation, slb/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania CUMBERLAND COUNTY COURTOFCO~ONPLEAS vs, George G. Schaeffer Debra W, Schaeffer NO. 06-0446 CERTIFICATE OF SERVICE I, ANDREW L. MARKOWITZ, ESQ., counsel for plaintiff in the above matter, do hereby certify that on the 22nd day of June, 2006, I caused true and correct copies of the foregoing Petition to Vacate and Set Aside Sheriffs Sale of Real Property, proposed Order and Memorandum of Law in Support thereof, on the following persons, by first class mail, postage pre-paid, addressed as follows: George G. Schaeffer 10 Patricia Drive Enola, P A 17025 Debra W, Schaeffer 10 Patricia Drive Enola, P A 17025 Office of the Sheriff Real Estate Division Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 ANDREW L. M Attorneys for Plai McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorneys lor Plain~ C D (' j _ HSBC, A London Corporation, slb/mJa of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania CUMBERLAND COUNTY COURT OF COMMON PLEAS r::, , n_ t__., =..:...;... vs, (_ ::::i George G, Schaeffer Debra W. Schaeffer NO. 06-0446 'C,.) " , " , C' CERTIFICATE OF SERVICE I, ANDREW L. MARKOWITZ, ESQ., counsel for plaintiff in the above matter, do hereby certify that on the 3rd day of July, 2006, I caused a true and correct copy of the Order of Court on plaintiffs Petition to Vacate and Set Aside Sheriffs Sale of Real Property, to be served on the following persons, by first class mail, postage pre-paid, addressed as follows: George G. Schaeffer 10 Patricia Drive Enola, P A 17025 Debra W. Schaeffer 10 Patricia Drive Enola, P A 17025 Office of the Sheriff Real Estate Division Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 y' to McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorneys for Plaintiff ~ JUN 2 6 2006 r HSBC, A London Corporation, slb/rn/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania CUMBERLAND COUNTY COURT OF COMMON PLEAS YS. George G. Schaeffer Debra W. Schaeffer NO. 06-0446 ORDER AND NOW, this ,;;) ~ day of ~ ' 2006, upon consideration of plaintiffs Petition to Vacate and Set Aside Sheriff's Sale of Real Property("the petition") in this matter. it is hereby ORDERED that: 1) a RULE is hereby issued against defendants George G. Schaeffer and ~c.L~d,it.1~ 1'H. (~,t\FP o{:. c.~d CctW~. Debra W. Schaeffer and any other party in interesl'to show cause why the plaintiff, HSBC d successor to Beneficial Consumer Discount Company, is not entitled to the relief requested; 2) the respondents George G. Schaeffer and Debra W. Schaeffer and any other party in interest shall file an answer to the Petition within twenty (20) days of service upon them; 3) the petition shall be decided under Pa. R. C, P. No. 206.7; .' If an answer is filed to the 'petition, argument shall be held on the ~ 4: ()Op. "" ' 2006, in Courtroom .3 of the Cumberland 4) 1~ day of ~ County Courthouse, Carlisle, P A 17013; and 5) notice of the entry of this Order shall be provided to all parties by the petitioner. J. McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 2080 Philadelphia, P A 19109 (215) 790-1010 Attorneys for Plaintiff HSBC, A London Corporation, slblm/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. George G. Schaeffer Debra W. Schaeffer NO. 06-0446 CERTIFICATE OF SERVICE I, ANDREW L. MARKOWITZ, ESQUIRE, counsel for plaintiff in the within matter, do hereby certify that on the 31 st day of July , 2006, I served copies of the foregoing Motion for Rule Absolute and proposed Order by placing the same in the United States mails, first- class, postage prepaid, addressed to the following person(s): George G. Schaeffer 10 Patricia Drive Enola, P A 17025 Debra W. Schaeffer 10 Patricia Drive Enola, P A 17025 Office of the Sheriff Real Estate Division Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 ANDRE c. C) -'; 1 --:-l r"'~",:;' ~ , i . McCABE, WEISBERG AND CONWAY, P.C, BY: Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 _ _ _ _ f^ I) ~ . -;,./ 1., R;:::Lt''1'~J ,,"0 ""X / Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS HSBC, A London Corporation, slb/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage 'Company of Pennsylvania vs. George G. Schaeffer Debra W. Schaeffer NO. 06-0446 ORDER AND NOW, this ~~ay of ~ , 200~upon due consideration of plaintiffs motion for rule absolute, and no answer having been filed to such Rule on or before the rule return date, it is hereby ORDERED and DECREED that said motion be and the same is hereby GRi\NTED. and the Rule in this matter is hereby made ABSOLUTE, and the Sheriffs Sale of the real property located at 10 Patricia Drive, Enola, PA 17025 held on June 7, 2006 is hereby vacated and set aside and declared null and void. IT IS FURTHER ORDERED and DECREED that the underlying mortgage herein, recorded on April 5, 2005 in Mortgage Book 1902, page 3125, shall remain an open and valid li~n on the subject property and such mortgage shall not otherwise be atfected or diminished by the sheriff's sale held on June 7. 2006, such sale being hereby ordered as vacated and set aside, but such mortgage shall retain the same validity nority as if s ch sale had not occurred. J, ~ ~\j ~\Y D VlNV^lASNN3d AlNno:J O~.;VlH38~m OS :21 \old B- $nV 900Z AlNIONOHlO&l 3Hl ::10 3Ol:l:l<r0311::l HSBC a London Corporation s/b/m/a of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS George G. Schaeffer and Debra W, Schaeffer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2006-446 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 28,2006 at 7:00 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: George G. Schaeffer and Debra W. Schaeffer, by making known unto George Schaeffer, personally and adult in charge for Debra W. Schaeffer, at 10 Patricia Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tnlC and correct copy of the same, Valerie Weary, Deputy Sheriff, who being duly swc';l1 according to law, states that on April 11, 2006 at 8:08 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of George W. Schaeffer and Debra W, Schaeffer located at 10 Patricia Dr., Enola, 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 DesCI'iption in the following manner: The Sheriff mailed a notice of the pendency oft1 "lclion to the within named defendants, to wit: George W. Schaeffer and Debra W, SCl;:leffer by regular mail to their last known address of 10 Patricia Dr., Enola, PA 17025. T!;ese letters were mailed under the date of April 06, 2006 and never returned to the Sherifl's Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, Pursuant to order of court dated All,. :" ~ 8, 2006 by Judge Edward Guido, the sale of the real property located at 10 Patricia r .. ':nola, Pennsylvania held on June 07, 2006 is hereby vacated and set aside, Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Levy Mileage Share of Bills 30,00 17.92 15.00 15.00 15.00 24.64 19.57 Prothonotary Law Library Law Journal Patriot News Auctioneer Surcharge 1.00 .50 449.00 287.60 10.00 30.00 (/j $915.23 ./ /I/~~/b(' 7 So Answers: r~~~ R. Thomas Kline, Sheriff Bf-Jl~~ Real Estate ergeant f 1\1) { . /(.tJ1 C:.k. J 12tu. !I~o(/l .... . ,. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J.' MCqABE, ESQv1kE . Identific.ation Number 16496 1~3 South, Broad.8treet, Suitt: 2080 Phil~delphia, PA 19109 215 790-1010 ' HSBC, a London Corporation,. slb/mJa of Beneficial CpnsUrner Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorney for Plaintiff '- COURT OF COMMON PLEAS Cumberland COUNTY v. Number 06-446 George G, Schaeffer and Debra W. Schaeffer AFFIDAVIT PURSUANT TO RULE 3129 I; Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of . . the date the Praecipe for the Writ of Execution was filed the following information cO,ncerning the real property located at: 10 Patricia Drive, Enola, P A 17025, a copy of the description of said property is attached hereto and marked as Exhibit "A." L Name and address of Owners or Reputed Owners: Name Address George G. Schaeffer 10 Patricia Drive Enola, P A 17025 Debra W. Schaeffer 10 Patricia Drive Enola, P A 17025 2. Name and address of Defendants in the judgment: Name Address . . George G; Schaeffer 10 Patricia Drive Enola, P A 17025 Debra W. Schaeffer 10 Patricia Drive Enola, P A 17025 " 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real pro~rty to be sold: Name Plaintiff herein Address 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Address 5. Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 10 Patricia Drive, Enola, P A 17025 P.O, Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, P A 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, P A 17128 Willow Oak Building P .0, Box 8486 Harrisburg, P A 17105-8486 .... Internal Revenue Service , Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Mfidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa,C.S. Section 4904 relating to unsworn falsification to authorities. February 28, 2006 ~ (.A..c.9. 111 (~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff DATE , , McCAIiE,WEISBERG.AND CONwAY, P.C. . BY: TER,RENCE J. McC~BE, ESQUIRE . Identific.ation Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109. (21S) 790-1010 Attorney for Plaintiff . . . HSBC,. A London Corporation, s/b/rnJa of Ben~ficial Consumer Discount Company .d/b/a Beneficial Mortgage Company of Penn.sylvania Cumberland County Court of Common Pleas Number 06-446 vs. George' G, Schaeffer Debra W, Schaeffer NOTICE OF SHERIFF'S SALE OF REAL PROPERTY .TO: George G. Schaeffer Debra W, Schaeffer 10 Patricia Drive Enola, PA 17025 . Y o':ll" house (real estate) at 10 Patricia Drive, Enola, P A 17025 (Tax Parcel #09-14-0836-159) , is scheduled to be sold at Sheriffs Sale on June 7, 2006 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 $121,688.46 obtained by HSBC, A Londop. Corporation, s/b/rnJa of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS . YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you musHake immediate-action: 1. The sale will be canceled if you pay to HSBC, A London Corporation, s/b/rnJa of Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To fi~d out how much you must pay, you may call Terrence J, McCabe, Esquire . at (215) 790-1019. 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 po.stp"one 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 AilLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. Ifthe 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. Ifthe 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 COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYL VANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 LEGAL DESCRIPTION , All that certain piece or parcel of land situate in the Township of East ~ennsboro, County of Cumberl~d and State of Pennsylvania, bounded and described as follows, . Beginning at a point on the northern line of Patricia Drive on the hereinafter mentioned Plan of Lots at the dividing line between Lots No, 15 and 16 on said Plan; thence by the dividing line between Lots No. 15 and 16 on aid Plan, North 31 degrees 21 minutes 30 seconds West, one hundred forty-eight and twenty- thre,~Hm.~hundredths(148.23) feet to 3 point; ~ence by . land of Clinton Orris, North 51 degrees 5 minutes East; ninety-six and fifty-four one-hundredths (96.54) feet to a point; thence by the dividing line between Lots No, 14 and 15 on said Plan, South 40 degrees 30 minutes East. one hundred forty-three and sixty- eight one-hundredths (143.68) feet to a point on the northern line of Patricia Drive; thence by the northern line of the Patricia Drive, South 49 degrees 30 minutes West, one hundred twenty (120) feet to a point, the place of Beginning. Being Lot No. 15 on the Plan of Lots of Sherwood Park, which Plan is of record in the Cumberland County Recorder's Office in Plan Book 12, at Page 29, The Plan of Sherwood Park is the same Plan of Lots laid out by Theodore E. Sgrignoll. et ux, and designated as No~a Acres, which Plan was not recorded. Subject, Nevertheless, to the utility easements as shown on said Plan and a 25 feet set-back line from the northern line of Patricia Drive. Havmg thereon erected a ranch type dwelling. BEING KNOWN AS 10 Patricia Drive, Enola, P A 17025 Being the same premises which FrederickB. Walters and Lois J. Walters, by deed dated the 7/31/1978, and recorded 7/31/1978 in the Office of the Recorder in and for Cumberland County in Deed Book Y27, Page 424, granted and conveyed to George G. Schaeffer and Debra W, Schaeffer, in fee. TAX MAP PARCEL NUMBER: 09-14-0836-159 . , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) , , COUNTY OF CUMBERLAND) NO 06-446 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC, A LONDON CORPORATION, S/B/M/A OF BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff(s) From GEORGE G. SCHAEFFER AND DEBRA W. SCHAEFFER (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 $121,688.46 L.L. $.50 Interest FROM 2/28/06 - 6/7/06 - $2,040.00 AT $20.00 PER DIEM Atty's Comm % Due Prothy $1.00 Other Costs Arty Paid $138.71 Plaintiff Paid Date: MARCH 1, 2006 (Seal) CURTIS R. LONG pmfuo2 p Zpc. ~ '-fu': ~ . :i'~.Ju Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 I!!!t @) Q::::J L!:!!::I ~ e Real Estate Sale # 69 On March 06, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 10 Patricia Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 06,2006 By: \J SmJt, Rea~te Sergeant 'I tt :01 'V 2- HVH qOOl Vd ')"HlilOJ OHV 1~r:i8Wf\:J J,:H~3HS 3Hl .:10 3~13.:10 . , , "'- '", 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 smce; 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 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, PUBLICATION COpy S ALE #69 ~ Terry l. Russell. Notary Public Oty 01 Harrisburg, Dauphin County MyCo mission Ex Ires June 6. 2006 ~ Membet ennsylva social ion of Nolarles ~~PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April 7, 14,21,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, SWORN TO AND SUBS ED before me this 21 day of April. 2006 NOT ARI L SEAL LOIS E, SNYDER, Notary Public CarUsle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 69 Writ No. 2006-446 Civil HSBC a London Corporation s/b/m/a of Beneficial Consumer Discount Company dba Beneficial Mortgage Company of Pennsylvania vs, George G, Schaeffer and Debra W. Schaeffer Atty.: Terrence McCabe LEGAL DESCRIPTION All that certain piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described as follows, Beginning at a point on the north- ern line of Patricia Drive on the here- inafter mentioned Plan of Lots at the dividing line between Lots No. 15 and 16 on said Plan; thence by the dividing line between Lots No, 15 and 16 on aid Plan, North 31 de- grees 21 minutes 30 seconds West, one hundred forty-eight and twenty- three one-hundredths (148,23) feet to a point; thence by land of Clinton Orrts, North 51 degrees 5 minutes East; ninety-six and fifty-four one- hundredths (96,54) feet to a point; thence by the dividing line between Lots No. 14 and 15 on said Plan, South 40 degrees 30 minutes East, one hundred forty-three and sixty- eight one-hundredths (143.68) feet to a point on the northern line of Patricia Drive; thence by the north- ern line of the Patricia Drive, South 49 degrees 30 minutes West, one hundred twenty (120) feet to a point, the place of Beginning. Being Lot No, 15 on the Plan of Lots of Sherwood Park, which Plan is of record in the Cumberland County Recorder's Office in Plan Book 12, at Page 29. The Plan of Sherwood Park is the same Plan of Lots laid out by Theodore E, Sgrignoll, et ux, and designated as Nola Acres, which Plan was not re- corded. Subject, Nevertheless, to the util- ity easements as shown on said Plan and a 25 feet set-back line from the northern line of Patricia Drive. Having thereon erected a ranch type dwelling. BEING KNOWN AS 10 Patricia Drive, Enola, PA 17025 Being the same premises which Frederick B, Walters and Lois J. Walters, by deed dated the 7/31/ 1978, and recorded 7/31/1978 in the Office of the Recorder in and for Cumberland County in Deed Book Y27, Page 424, granted and conveyed to George G. Schaeffer and Debra W. Schaeffer, in fee. TAX MAP PARCEL NUMBER: 09- 14-0836-159.