Loading...
HomeMy WebLinkAbout06-0447 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Penusylvania 19109 215 790-1010 Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 v. Harold W. Snyder a/k/a Harold W. Snyder, Jr. II Pine Hill Avenue Mechanicsburg, PA 17050 Attorney for Plaintiff Cumberland County Court of Common Pleas Number O~ - L.J f.J 7 c;u; ll&~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE A VISO 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 without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA, 17013 SOO-990-910B Le han demandado a usted en 1a corte. Si usted quiere defendersc de estas demandas ex~puestas en las paginas siguientes,. usted tiene veinte (20) dias de plaza a1 partir de la fecha de la demanda y la notificaeion. Haee falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones 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, \a corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos 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. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067 Attorney for Plaintiff Cumberland County Court of Common Pleas v. Harold W. Snyder a/kla Harold W. Snyder, Jr. 11 Pine Hill Avenue Mechanicsburg, PAl 7050 Number Of- - 4Lf7 CiL>j~~8?.~ CIVIL ACTION/MORTGAGE FORECLOSURE I. Plaintiff is Centex Home Equity Company, LLC, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Harold W. Snyder a/k/a Harold W. Snyder, Jr., who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is I I Pine Hill Avenue, Mechanicsburg, PA 17050. 3. On 09/10/2002, Harold W. Snyder and Margaret L. Snyder made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1773, Page 1988. 4. On 09/15/2003, Margaret L. Snyder departed this life leaving title vested solely to Harold W. Snyder, Jr. by operation oflaw. 5. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as II Pine Hill Avenue, Mechanicsburg, PA 17050. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/14/2005 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: GRAND TOTAL $ 45,710.44 $ 2,600.71 $ 2,285.52 $ 168.21 $ 3,709.56 $ 225.00 $ 125.00 $ 200.00 $ 55,024.44 Principal Balance Interest 04/14/2005 through 12/07/2005 (Plus $ 11.26 per diem thereafter) Attorney's Fee Late Charges Corporate Advances Cost of Suit Appraisal Fee Title Search 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. 9403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $55,024.44, together with interest at the rate of $11.26 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~/t/1A/VI C---'- 9, /h ('" ~ TERRENCE J. McCAIlE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. 34904 relating to unsworn falsification to authorities. /~~(llZ1r4~ .. I TERRENCE J. McCABE Legal Description ALL THA T CERTAIN tract or lot of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of a public road (fifty feet (50) wide) known as Pine Hill Avenue, at the corner of Lot No: 60 in the Plan of Lots hereafter mentioned; thence along the line of said Lot No. 60 South thirty-three degrees forty-eight minutes East ( S 33 Degrees 48' E), one hundred fifty feet (150') to a point; thence along other land now or formerly of George W. Walker and Mary Alice Walker, His Wife, North fifty-six degrees twelve minutes East (N 56 Degrees 12' E) eighty-two and eleven hundredths feet (82.11') to a point on the Western line of a public road known as Marcel Street; thence along the western line of Marbel Street North sixteen degrees one minute thirty seconds West (N 16 degrees 01' 30" W), one hundred twenty-three and twenty-six hundredths feet (123.26) to a point; (erroneously set forth in prior deed as 103.26 feet); thence on a curve to the left having a radius of twenty- five feet (25'), an arc distance of forty-seven and twenty hundredths feet (47.20') toa point on the Southern line of Pine Hill Avenue aforesaid; thence along the Southern line of Pine Hill, Avenue, South fifty-six degrees twelve minutes West (S 56 degrees 12' W) ninety-five and ninety-four hundredths feet (94.95') to a point at the comer of Lot No. 60 aforesaid, the place of beginning. PARCEL NUMBER: 38-14-0847-051 BEING the same premises which Margaret L. Snyder FIKIA Margaret L. Howard and Peggy S. Gessner F/K/A Peggy Sue Bluste, by Indenture dated 02-07-02 and recorded 02-20-02 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 250 page 2210, granted and conveyed unto Harold W. Snyder Jr. and Margaret L. Snyder, Husband and Wife. ~tb\b\\ ~ PA-3 ~ -p ~ t/1 \t- -~ ~ _ .J C> ...:t tv ~ ~~?- ~ ~ ------ "'1 C) -~.~ ~: ' . 1 j ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00447 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS SNYDER HAROLD W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SNYDER HAROLD W AKA HAROLD W SNYDER JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SNYDER HAROLD W AKA HAROLD W SNYDER JR 11 PINE HILL AVENUE MECHANICSBURG, PA 17050 11 PINE AVE IS VACANT. DEFT'S ADDRESS IS 7395 FOSTER ST. RUSSELLS POINT, OH 43348-9637. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 8.80 5.00 10.00 .39 42.19 so~. nswe~s./.C"r-~.. __~...7 _---;;L./. .--::::: :.~ /'-, -. '-" :--.--'- R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 01/26/2006 Sworn and subscribed to before me this day of q,."w"7 ~" AD~ pro~ila.. "7 Ie .10- r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC Cumberland County Court of Common Pleas vs. Hatold W. Snyder aIkIa Hatold W. Snyder, Jr. Number 06-447 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 12/8/05 - 5/1/06 TOTAL $55,024.44 $ 1.632.70 $56,657.14 .----,---~ v<- ~. fJ.1 ( ~ TERRENCE J. McC E, ESQUIRE AND NOW, this 3fl.-C~ay of (fC;;y , 20~ Judgment is entered in favor of Plaintiff, Centex Home Equity Company, LLC and against Defendant(s) Hatold W. Snyder aIkIa Hatold W. Snyder, Jr. and damages are assessed in the amount of $56,657 .14, plus interest and costs. BY THE PROTHONOTARY: (j~ ( / ? .. 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 Centex Home Equity Company, LLC Cumberland County Court of Common Pleas vs. Harold W. Snyder aIkIa Harold W. Snyder, Jr. Number 06-447 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant(s), Harold W. Snyder aIkIa Harold W. Snyder, Jr., is over eighteen (18) years of age, and resides at 7395 Foster Street, Russells Point, OH 43348. --;~ "-<..- fl. /ha!~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 1st DAY OF May, 2006. r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC Cumberland County Court of Common Pleas vs. Harold W. Snyder aIkIa Harold W. Snyder, Jr. Number 06-447 CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date ofthe filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". --;-~ ?<- 9. (]/I t ~ TERRENCE J. MctABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 1st DAY OF May, 2006. < ~'~L~'c,~~ GL(}".',:, :=:"...,.., ,'i,,-_".'L '" 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. '-~u.. f). 1V1/'~ TERRENCE J. McCABE, ESQUIRE ~ O~CEOFTHEPROTHONOTARY COURT OF COMMON PLEAS CumberIand County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary April 4, 2006 To: Harold W. Snyder aIkIa Harold W. Snyder, Jr. 7395 Foster Street, Russells Point" OR 43348 Centex Home Equity Company, LLC Cumberland County Court of Common Pleas vs. Harold W. Snyder aIkIa Harold W. Snyder, Jr. Number 06-447 Civil Term NOTICE, RULE 237,5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 VSTED SE ENCUENTRA EN E8TADO DE REBEWIA POR NO HABER PRESENTADQ UNA COMPARECENCIA ESCRITA, VA SEA PERSONALMENTE 0 POR ABQGADO Y POR NO HABER RADICADO POR ESCRlTO CON ESTE TRIBUNAL 8US DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA. ACClON DEBlDA DENTRO DE DlEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESmAD DE COMP ARECER USTED EN CORTE U OIR PREUBA ALGUNA, DIeT AR SENTENCIA EN SU CONTRA y usrED PODRIA PERDER BIENES U aIROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE P APEL A SU ABOGAOO INMEDlATAMENTE. Sl usrED NO IlENE A UN ABOGADO, VA A 0 TELEFONEA LA OFIClNA EXPUSQ ABAJO. ESTA OFIcrNA LO PUEDE PROPORCIONAR CON INFORMACl6N ACERCA DE EMPLEAR A UN ABOGADQ. Sr USTED NO PUEDE PROPORClONAR P AKA EMPLEAR UN ABOGAOO, EST A OFICINA PUEOE SER CAP AZ DE PROPORCIONARLO CON INFORMACION ACERCADE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARlO REDUClDO NI NINGtlN HONORARID. Cu~berland County Bar Association \ _ l-t 2 L1berty A venue I .. Y.J Carlisle, PA, 17013 j r.N' \ \' 800-990-9108 -r" \ \ r Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE ClAIMS SET FORTH AGAINST you. UNLESS YOU ACT WITHIN TEN (IO) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT AHEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. nUS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORDTOHIREA LAWYER, THISOFFICEMAYBEABLE TO PROVIDE YOUWJTH INFORMATION ABOUT AGENCIES THATMA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. TJM/rda -, t A) >t ~ (") "-" 0 c:;'J :-G ~:;:- c.;.-::> -n :It. Cl'''' -\ :;:. -.,- \) ')_:,~ 61e. - -- ~;:]\.s.' F\ '- ~ D- I ~t? \'1) uJ '0 ~), (:) ~ .,_~J . r. V ,..~ -" ~~-:; ~ N ".;.:.- ~ IX=: {"-..::.r"C1, C --' - ',.- ;,;:-::. Q.r . -.. ~ ~ --, C-J ~~ ,.., ''''::. 0"" R; ---, -~- ~ " OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, P A 17013 Curtis R. Long Prothonotary To: Harold W. Snyder a/kIa Harold W. Snyder, Jr. 7395 Foster Street Russells Point, OR 43348 Centex Home Equity Company, LLC Cumberland County Court of Common Pleas vs. Harold W. Snyder a/kIa Harold W. Snyder, Jr. Number 06-447 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. t1s g Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence 1. McCabe. Esquire at (215) 790-1010. '- McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia. PA 19109 (215) 790-1010 Attorney for Plaintiff Cent ex Home Equity Company, LLC Cumberland County Court of Common Pleas v. Harold W. Snyder a/k/a Harold W. Snyder, Jr. Number 06-447 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on March 14, 2006, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure through B&R Process Service, upon the Defendant, Harold W. Snyder a/k/a Harold W. Snyder, Jr., by handing the same to him personally, at the Defendant's last-known address of 7395 Foster Street, Russell's Point, OH 43348. A True and correct copy of the Affidavit of Service is attached hereto, made a part hereof, and marked as Exhibi t "A." , ESQUIRE SWORN TO AND SUBSCRIBED BEFORE M~IS It+-'-- DAY ~ Ar. ,2006: /J . , 4/,AJ,t? 51'~ /law.~ NOTARY PUBLIC COMMONWEALTH OF :,"'''.'>iNSYLVANIA NOTARIAL SEAl. Chnssandra Shaye Hamilton Notary Public City of Pt1iladelphla, Phlla County My Commission Expires January 4, 2009 Sentcn for Profeu1onab IDc. 235 SOUTH 13Tfi STREET PHILADELPHIA, PA 1"1 B, PHONE: (215) 546.7400 FAX: (215) 985-0189 - ~ .. .I).. PhiIBdfI/phitJ AssocIation of PrDf8ssional Process Servers I ~ ~B&R Nationsl Associstion of Professionsl Process Servers Centex Home Equity Company, LLC -VS- COURT Court of Common Pleas of Pennsylvania Harold W. Snyder a/k1a Harold W. Snyder, Jr. COUNTY Cumberland County CASE NUMBER 06-447 A.FFIDAVIT OF SERVICE COMMONW8Ai..TH OF PENNSYLVANIA: rjiIH. ...... ..~.- --'.-' COUN, ILAD ': -. -- .-.- '.i.'l..-:> - ...:........ "'.'::"',.;;~-,;- B&R Control # nQ;.~ CS024360 -1 -.- ..~. ~. .,il.i<___.. ~ t!l!-' ~..,. ~7~,<,>,- On 8 day of March, 2006 '<<ll received the Mortgage ForeclOsure for service upon Harold cW. Snyder aIlfIa Harold W. Snyder, Jr. at 7395 Foster Street Russell's Point, OH 43348 *** Special Instructions *** '- ~erved Date 3./ I ~ I" L Time 10: I ~ ~MAccepted By: I I In the ",nner described below. [;r" Personally selVed. o Adult family member. Relationship is o Adult in charge of residence who refused to give name and/or relationship. o Manager/Clerk of place of residence lodging o Agent or person in charge of office or usual place of business o Other A/a,..,jlc/ -'--- 'j -~, . .. - ; . ,i j~ '''' f?, 11- ",.; :~ ,-.., '. "1 I,., ' 'j I j-".---. ',;. '. ~-I-' . I MAR' 02Cn) \"'rr:J...~ . , /. .' II /.-./ -- j , ..--__1 . ",-.-. I Description of Person Age S u Height :,.,-. I '" Weight I I :,- Race c.. Co ~ Sex.l:b..-.- Other D Not Served Date Time Not Served Information D Moved D Unknown D NoAnswer D Vacant D Other The Process SelVer, being duly swom, deposes and says that the facts set forth,,_ herein are true and correct to the. best of th* .~ knowledge, information and belief. . Sworn to and subscribed before me this Process SelVer/Sheriff .:) b ~of J,y\'.. ._ \^, "~- lA,. N;tary )ublic (J _L~ Law Firm Phone (215)790-1010 For Terrence McCabe, Esquire McCabe, Weisberg & Conway, PC 123 South Broad Street Suite 2080 Philadelphia. PA 19109 For Plaintiff EXH ~ ~J JT "A'l ServeBy Date 3/29/2006 Flied Date 1/24/2006 NOVELDA YOESTING NOTARY PUBliC. STATE OF OHIO My eo...,...... bp_ NoY. '''_ ~W L. ORIGINAL 067VC () f;: , , , r-> = C,';:) c"'... o -r1 -t ~:IJ c::; -01, , c"y "~~C) ):~~i', '6~~ ~ ....,. ::< I w -0 ~,.. c::::> cr, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION FILE NO.: 06-447 Civil Term Centex Home Equity Company, LLC v. AMOUNT DUE: $56,657.14 Harold W. Snyder aIkIa Harold W. Snyder, Jr. INTEREST: from 5/2/06 - 9/6/06 $1.191.68 at $9.31 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property ofthe defendant( s) II Pine Hill Avenue. Mechanicsburg. P A 17050 (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 (if real estate, supply six copies of the description; supply four copies oflengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). (Indicate) Index this writ against the gamishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature;--Z::;/'1~ c-G..~. 41/ ~--'<- Print Name: TERRENCE J. McC E;ESQUIRE Address: 123 S. Broad Street. Suite 2080 Philadelohia. P A 19109 Attorney for: Plaintiff Telephone: (215) 7901010 Supreme Court ill No. 16496 N 1"'\ ~ r p(:;) ~'i ""'-~ ~~ ..c::>--> - ---- -r::::. ~ ...f-, \?-f' !fI' , S ~, -t-- t{ B r;. )-... .., ~~ . . ~ % ~~ - -&q.. ':E~~<cA~h ~ fI\. \> ~. ~ () 10\:;0 Ie) \ \ ~(tJ ~ ~ ~ ~ r ~ .... _ r;::::J '":J"-., ~ .., .... ~.:r::-. ..~. .... .... - - ~ C) ('""1 ';::0 -1" S,'~ 0'"' ,..-\ ~~: A~:n _4 -"-. \-(:, \ ,;:~~C( 0) ,\(:> ~ ~.(", . ..' ~'1'\. ~~-~~? 'JtJ C.? ~ G-' -,ell.' _ n\\ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-447 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTEX HOME EQillTY COMPANY, LLC., Plaintiff (s) From HAROLD W. SNYDER A/KJA HAROLD W. SNYDER, JR. (I) You are directed to levy upon the property of the defendant (s land 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 attaclunent has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $56,657.14 L.L. $.50 Interest FROM 5/2/06 - 9/6/06 $1,191.68 AT $9.31 PER DIEM Atty's Comm % Atty Paid $124.19 Plaintiff Paid Date: MAY 3, 2006 Due Prothy Other Costs $1.00 ~~IS R. ONG (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQillRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPIDA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ill 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 Centex Home Equity Company, LLC COURT OF COMMON PLEAS v. Ctttnberland COUNTY Harold W. Snyder a/kIa Harold W. Snyder. Jr. Ntttnber 06-447 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: 11 Pine Hill Avenue, Mechanicsburg, PA 17050 (Tax Parcel #38- 14-0847 -051) , a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owner or Reputed Owner: Name Address Harold W. Snyder aIkIa Harold W. Snyder, Jr. 7395 Foster Street, Russells Point" OH 43348 2. Name and address of Defendant in the judgment: Name Address 7395 Foster Street, Russells Point" OH 43348 Harold W. Snyder aIkIa Harold W. Snyder, Jr. . .. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, P A 17055 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 11 Pine Hill Avenue, Mechanicsburg, PA 17050 P.O. Box 320 Carlisle, P A 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, P A 17105 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 Internal Revenue Service 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, P A 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ----;-~~/1 <--<- I, MI' ~ TERRENCE J. 'McCABE, ESQUIRE Attorney for Plaintiff May I, 2006 DATE o ~-; c..:> = c.:;) cr'" ?3, -. - . I W (; -n ---t -r:-n f,lp ~S~! i2; :.~~ \~} ..:""] , .."'--1 1-"'; ~:T' ~~l ;ifj '-< -:..., J,;:'- C:J Ci'l ~ McCABE, WEISBERG AND CONWAY, P.C. 'BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC Cumberland County Court of Common Pleas vs. Harold W. Snyder aIkIa Hatold W. Snyder, Jr. Number 06-447 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Harold W. Snyder aIkIa Hatold W. Snyder, Jr. 7395 Foster Street Russells Point, OH 43348 Your house (real estate) at 11 Pine Hill Avenue, Mechanicsburg, PA 17050 (Tax Parcel #38-14-0847-051), is scheduled to be sold at Sheriffs Sale on September 6, 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$56,657.14 obtained by Centex Home Equity Company, LLC 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 Centex Home Equity Company, LLC, 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 imptoperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) , ,.. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, yoU! 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 glossly inadequate compated 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 ifthe sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions ate filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r-:> c.:.> c:;:-') =, :;~ " .. -- -< ~~ --I "T:-n rnr-:.:. ~gQ ;-:":~ (;~; :.:: :.~\ ~~~.~ ~'::!\ Jil '< I W ~ ~-: o 0"'1. McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCI<~.J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, P A 19109 (215) 790-101 () Attorney for Plaintiff Centex Home Equity Company, LLC Cumberland County Court of Common Pleas vs. Harold W. Snyder alk/a Harold W. Snyder, Jr. Number 06-447 AFFIDAVIT OF SERVICE L Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 30th day of June, 2006, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." '--( tY\ ~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 30'1'1 I DAY OF 7!l200: a ~ ----J/dsl~_________ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chrissandra Shaye Hamilton, Notary Public City of Philadelphia, Phila. County My Commission Expires January 4,2009 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, P A 19109 (215) 790-1010 Centex Home Equity Company, LLC COURT OF COMMON PLEAS v. Cumberland COUNTY Harold W. Snyder alk/a Harold W. Snyder, Jr. Number 06-447 AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence]. 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: 11 Pine Hill Avenue, Mechanicsburg, P A 17050 (Tax Parcel #38- 14-0847 -051) , a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owner or Reputed Owner: Name Address Harold W. Snyder alk/a Harold W. Snyder, Jr. 7395 Foster Street, Russells Point" OH 43348 2. Name and address of Defendant in the judgment: Name Address Harold W. Snyder alkla Harold W. Snyder, Jr. 7395 Foster Street, Russells Point" OH 43348 3. Name and last known address of everyJudgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, P A 17055 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 11 Pine Hill Avenue, Mechanicsburg, P A 17050 P.O. Box 320 Carlisle, P A 17013 Domestic Relations Cumberland County Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, P A 17105 Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service 1400 Spring Garden Street Philadelphia, P A 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, P A 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, P A 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. June 30, 2006 DATE y~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff . McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Centex Home Equity Company, LLC Cumberland County Court of Common Pleas vs. Harold W. Snyder a/kJa Harold W. Snyder, Jr. Number 06-447 DATE: June 30, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Harold W. Snyder a/kJa Harold W. Snyder, Jr. PROPERTY: 11 Pine Hill Avenue, Mechanicsburg, PA 17050 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on September 6, 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 may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. . . I I I "0 00 r'"" i ~ >~;:::;$:~ (f) _ 0 ~~ "Tl B - 00 -.,J 0- J' ~ W tv - ...., ~w;;3 0 "-z ""'15..C/l", '" 3 o-~ '< 3 Z ~Cll?f~ "'0- .... g ~ ("') .. "g..a" 0.. 00 "-0 '" (");:;;"'::;::)> -.J ~~ '" .-.J "0 (; ::r'~ o.~.o.. "Tl a x ~ V~trft '" :1.)>,; ~~ Sf <- to (/J ~ -(.I)(JQU"J '" ::: ~ E. ~ c ;:2 '" ::: g~ 5.~ "< N 0- 3: ~ng 0 '" 0 .... = ~g~ v. - ~..., ",--' ?," '" '" BQ t-.J ':" ~... ~ -.J ~ <'Z \0 Be ~ v~ n "-3 I ao- g- ..,. "O~ gs, I Qi- i i ! I ~a . , I I i I I I I I I () '" 3 [ " a' "'" --l ::; '" ~ a- " =' S- F '" ., I:l:I ~ "ll '" a" "ll " = iiiU ~~~H ani i'"~' rml mii ~i~'U Illi1 ~~U! m~ ~r~~ ....~ 'i.~ .~H ~ 2':8 H;~ .~<il ~~'il f"~f ;Jai ...~l'~ "'..!) _....~~ a ~~~J ~~.~ :: ;;-'';1 !~. i~.~~ u ~ el }i ;26'~~~ =":0 -() l'tl ~:3 ~53 ~VJ:3 ;:;.~ -g.~o~:;o _. \0"" (/) l'tl }>'" ~ C (i; ." gj::l:g ::l >-O'TjO~ :o>-8.:4(F; ~ri ~ o~ ~::s-~a :.::. ~ ro-5 g ..... -- l'tl0- l'tl(JQ ...... . -0 ~ ~ \::l :; '" -2., .... '" (') '" ;:: ~. ~ ~ '" ~ :r:::-O~:;O-JO !!; o:::.:~ ~l'tl ...,. -0 l ""0 (ji'ro5! < n~ cro <l'tl po_ =; X o~ ~ g qo ~~::.o~~ "'OOroOQ' 0 >-O\c(l~ c....., ~ :::':~::l'" -.J O-::j -. g- O 5' ;:;;~ VI (lq Vl (} 00 g~ ..,. l'tll'tl ~ ~ ..... l'tl :r::og;-.:;-ron ~-d ::J~~ 0 ~. P, 'Tj '-< l'tl a Vl ..... ---PO::j creoS-co c ::i Q::l 0 ::l (I"C$g- ().....,~ ~ I"""'t" (/)(O-ro "''ltq-J2.~ >- N po P, -....... 00 ~ x :.::.::s- ::::;ocroo-o O\l'tl _.c ....., N:::~ :.::. ~ ." 00 ~. -J g (/)op,::l -g :::1 x~ po - ..... < l'tl po :::l pO' i~~e;0. I l'tl -'10::::. !::.(;O::11 ~ ~n::l ::lVlp,~ o"tJ1 ::!..n VJ "-.-' cr Vlp, S (n'"':- (lq .,,:; - _. () ." ;.;-. >- l'tl o 000 D~ ~~~~~ ~ J:: _.0 _. ~3~2.(') ~~[8-~ () n 0 o ~ ell ~~ ~ 3 Q '< g- ~ go ::s (i ell :r 3 ~ ~. ~ g ell b DDDDDn :::-mO(')r):T ~~~o~g ~~~o~::: '< 0-\< ~f""') "U ~g ("p ? 0 . ...., :r::"'on ~ O.g 52 ~.' po 2 ~to;:4.~ ~ ~ :3 5 citl Ng ~ v "'...... ('D --O-..,JoPO > VI.....,;::; .,,::s- ::::; cO cr ....., =:--0 () l'tl ~5 (1) Vl -'-< iJ'< ..... p, l'tl ::l j;;' n-ono !!; 05 52 ----. ....;...... (ji'rocrnl roo~~ "." x p;-n' '- vJ::l :;0 .... NO-l'tl _onPi'" -..J 0 =. o Co - ~;:j v.) ,< t/'J -.-.........l ; -!2' _'"U~ -.) S';:j OroV; VI ~ o ...L. "'--n ::s-..,.~o -.0....; - PJ"o!2::i 0- ;::;":3 ~..g' po 0 ,o.....::l::l ;:r-'() ::E _.:::l l'tl l'tl .?' (JQ -J p, ."Opo;::; ..,....p,x::s- ....3.00 ::og:;?::;; ~ (} l'tl v~~l'tl ::l 0..., ::l l'tl Vl ~ '-~ < po ::l pO' t f V> a >- < (l> ::l C fD g ~ ~ o Vl -..,J o VI VI ~ l'tl (} ::s- p, :::l ('i' Vl cr c ..., qo "- o f "0 ~ ~ if tJ"i:l8 g g-s;> ~ ~ 'E.0>2.r;;':R ~ 3 ~ ~~~ x ';;~;~~~~ ~5~~3N 3 ~'~2 ~- 'U - ~'J: - ~ :~ el. I-:-r I 1_," i I ~_._--! ::c 9:: ;,; , 1...._ . -~ ~ s: 00 UN1rf'f) ):> 01'0 - - 0 ~ .v", fTi .l'. ~ :~ ~ ~ 00)> I 0 j ,\~ ) ."U'! - :::0-.. . 0-.. :5:0 N ~ilr =u ~ (") 0 0 ~ "'I \I 1..J m - CD - ~ - 0 CD (-.1 (U_ L:~'""'" (~) -., ::::l ni:r r-- ','"Il ; '-~I "'J (,') -'oj 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 Centex Home Equity Company, LLC Cumberland County Court of Common Pleas v. Harold W. Snyder a/k/a Harold W. Snyder, Jr. Number 06-447 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on May 17, 2006, Plaintiff served a true and correct copy of the Notice of Sheriff's Sale of Real Property through B&R Process Service, upon the Defendant, Harold W. Snyder a/k/a Harold W. Snyder, Jr., by handing the same to him personally, at the Defendant's last-known address of 7395 Foster Street, Russell's Point, OH 43348. A True and correct copy of the Affidavit of Service is attached hereto, made a part hereof, and marked as Exhibit "A." \~~s~ TERRENCE J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS I~~ DAY OF~. , 2006. N I ~IOi fo-H\;\L SEAL. , OR!' o' ',"TCHELL, Notary Public G "t\. ,." p"'\ County . C't of Philadeiphia, ','l,';} . """7 I Y .'. tV""'!'" 'une 2, ON .. c"'"<'\m's'I'C\'1 ,.,.", "" " - Pit\} v-...,.,*\~'...,v.:.,.....~__...__ Service. for Profe..lonaIs Inc. 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546-7400 FAX: (215) 985-0169 .. -.~ ~:i" .. ~;l Philadelphia Association of Professionaf Process Servers .B&R National Association of Professional Process Servers Centex Home Equity Company, LLC COURT Court of Common Pleas of Pennsylvania -vs- COUNTY Cumberland County CASE NUMBER 06-447 Harold W. Snyder a/k/a Harold W. Snyder,Jr. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHilADELPHIA: B&R Control # CS026553 - 1 Reference Number 108-0921 pa SERVICE INFORMATION On 10 day of May, 2006 we received the Notice of Sheriff Sale for service upon Harold W. Snyder a/kla Harold W. Snyder,Jr. at 7395 Foster Street Russell's Point, OH 43348 ---l *** Special Instructions *** fL]Served Date ::2-=j~:=iiRTime_Oq 1 d__ Accepted By: fuCuL<LSrl\.fCk-~ In the manner described below. 25::~~~;a~~yS:::d~er. Relationship is __~___________ ___________ -l Adult in charge of residence who refused to give name and/or relationship. -_..._..__.._--_.~ Manager/Clerk of place of residence lodging ____n_________ ___ Agent or person in charge of office or usual place of business Other Description of Person Age Height Weight ____ Race _~C-t...J...2_ Sex N Other D Not Served Date Time Not Served Information Moved Unknown No Answer Vacant Other JANET K. LOOKABAUGH --.----..------.,.--.-----'. ---.---..--------.-. NO'tARY'ptjBLIUTATlf OF OH'O.--- Sworn to and subscribed before me this ~ My Commission Expires Nov. 16,200"=1- The Process Server, being duly sworn, deposes and says that the facts set forth herein are true and correc 0 the best of their knowledge, information n lie Process Server/Sheriff _~~...d'yof ~~ ~~a~~ N ry Public . Law Firm Phone (215)790 Terrence McCabe, Esquire McCabe, Weisberg & Conway, PC 123 South Broad Street Suite 2080 Philadelphia, PA 19109 For Plaintiff ExhiR ~' ORIGINAL 130VC c:::> C) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Maged Abdelmalik & Hanan Awadalla is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 3rd day of May, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 447, at the suit of Cent ex Home Equity Co LLC against Harold W Snyder aka Harold W Jr is duly recorded in Deed Book No. 277, Page 906. IN TESTIMONY WHEREOF, I have hereunto set my hand c- .Y/C: /:1 and seal of said office this (!H~ /, day of , A.D. J(~ " Centex Home Equity Company, LLC VS Harold W, Snyder alk/a Harold W. Snyder Jr. In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-447 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriff's Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, deliver to addressee only, notice of the action to the within named defendant, to wit: Harold W. Snyder alk/a Harold W. Snyder, Jr. at his last known address of7395 Foster St., Russells Point, OH 43348-9637. The letter was received by Harold W. Snyder on July 29,2006 and the return receipt card was signed with an unreadable signature. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 03, 2006 at 1 :47 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Harold W. Snyder alk/a Harold W. Snyder, Jr. located at 11 Pine Hill Ave., Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Harold W. Snyder alk/a Harold W. Snyder, Jr. by regular mail to his last known address of 7395 Foster Street, Russell's Point, OH 43348. This letter was mailed under the date of July 14,2006 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$79,000.00 to Hanan Awadalla. It being the highest bid and best price received for the same, Hanan Awadalla, of 1010 Tunbridge Lane, Mechanicsburg, P A 17050, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $83,127.72. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 1,580.00 15.00 15.00 30.00 10.00 .50 1.00 19.60 Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 4.64 15.00 20.00 425.00 348.80 19.31 25.00 39.50 $2,598.35 So Answers: ~~/.L., R. Thomas Kline, Sheriff BY~ )octiJf~c1\ Real Estate ergeant ,/ II/.J qjlJl ,+ ~J- (,LJ& 1. D LV .:J 51) , ~1 \. Ue... 5(,01 62~ /f('/))O ...- 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 andlor Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 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 SA L E #37 Sworn to and su CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE NO. 37 wrtt No. 2006-t47 avo Tenn Centex Home Equtty Company, LLC Vs Harold W. Snyder aIkIa Harold W. Snyder, Jr. Atty:Terrence Mc>";abe DESCRIPTION ALL THAT CElITAIN tract or lot of land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southemline of a public road (fifty feet (50) wide) known as Pine Hill Avenue, at the comer of Lot No. 60 in the Plan of Lots hereafter mentioned; thence along the line of said Lot No. 60 Sooth thirty-three degrees forty-eiptt ~.~ (S 31___.'.Ji). ORe I1undI!e4 My feet (ISO') to a P!lillt; ... aIoDl!, odMitW..... fermraty of...... WIIbr aud MIry AID ..... Hill .. ~tar-six ... __.... East (If ~ ~.12' E) ciPIY-two and eleven hundredths fej"'lltt') to a point on the Weslem line of a publit~ as Marcel Street; thence along the w....tIIe of Madlel Street Norlh sixteen degreesOlle minute thirty seconds West (N 16 ~ 01' 30" W), one hundred twenty-three and tweflty-six hundredths feet (123.26) to a point; (erroneously set forth in prior deed as 103.26 feet); thence on a curve to the left having a radius of twent)l-five feet (25'), an arc distance of forty-seven and twenty hundredths feet (47.20') to a point on the Southern line of Pine Hill Avenue aforesaid; thence along the Southern line of Pine Hill Avenue, Sooth fifty-six degrees twelve minutes West (S S6 degrees 12' W) ninety-five and ninety-four hundredths feet (94.95') to a point at the corner of Lot No. 60 aforesaid, the place of beginning. BEING KNOWN AS 11 Pine Hill Avenue, Mechaoicsburg, PA 17050 Being the same premises which Margaret L. Snyder f/kIa Margaret L. Howard and Peggy S. Gessner f/kIa Peggy Sue Bluste, by deed dated 2/ 7 mxrJ., and recorded 2/2012rJY1. in the Office of the Recorder in and for Cuml)erland County in Deed Book 250, Page 2210, granted and conveyed to Harold W. snyder aIkIa Harold W. Snyder, Jr., in fee. TAX MAP PARCEL NUMBF.R: 38-14-0847- 051 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA 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: July 21, July 28, and August 4,2006 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 SUBSCRIBED before me this 4 day of August. 2006 ~~>~,~?~_rh/U '!r;r:l~, REAl, ESTATE SALE NO. :37 Writ Nu. 2006447 Civil Centex Home Equitv Company. CLe' \'~ Harold W. Snyder a/k/a Harold W. Snyder, ,Jr. AUy.; Terrence McCabe LEGAL DESCRIPTION ALL THAT CERTAIN tract or lot of land situate in the Township of Silver Spring, County of Cumberland and Commonweallll of Pennsylva- nia, being more particularly bounded and described as follows. to wit: BEGINNING at a point on the Southern line of a public road (fifty feet (50) wide) known as Pine HilI Avenue. at the comer of Lot No. 60 in the Plan of Lots hereafter men- tioned; thence along the line of said Lot No. 60 South thirty-three de- grees forty-eight minutes East (S 33 Degrees 48' E), one hundred fifty feet (150') to a point; thence along other land now or formerly of George W. Walker and Mary Alice Walker. His Wife. North fifty-six degrees twelve minutes East (N 56 Degrees 12' E) eighty-two and eleven hundredths feet (82. II ') to a point on the Western line of a pub, lie road known as Marcel Street: thence along the western line of Marbel Street North sixteen degrees one minute thirty seconds West (N 16 degrees 01 30" W), one hun dred twenty-three and twenty-six hundredths feel (I23.26) to a point: (erroneously set fOJih in prior deed as 103.26 feet): thence on a curve to the left having a radius of twenty- five feet (25'). an arc distance of forty-seven and lwenty hundredths feet (47.20') to a point on the South- ern line of Pine Hill Avenue afore- said; thence along the Southern line of Pine Hill. Avenue, South fifty-six degrees twelve minutes West (S 56 degrees 12' \V) ninety-five and ninety-four hundredths feet (94.95') to a point at the corner of Lot No. 60 aforesaid. the place of beginning. BEING KNO\VN AS 11 Pine Hill Avenue. Mechanicsburg, PA 17050 Being the same premises which Margaret L. Snyder f /k/ a Margaret L. Howard and Peggy S. Gessner f/k/a Peggy Sue Bluste. by deed dated the 2/7/2002, and recorded 2/20/2002 in the Office of the Re corder in anri for Cumberland County in Deed Book 250. Page 22 10, granted and conveyed to Harold W. Snyder a/k/a Harold W. Snyder, Jr., in fee, TAX MAP PARCEL NUMBER: ;'18 14 OH47 0:'1 I