HomeMy WebLinkAbout06-2973McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
Attorney for Plaintiff
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
961 Weigel Drive
Elmhurst, IL 60126
V.
Keith A. Miller
560 Cranes Gap Road
Carlisle, PA 17013
and
Jennifer M. Oakley
560 Cranes Gap Road
Carlisle, PA 17013
Cumberland County
Court of Common Pleas
Number D L•? 17 3 Ct.Ld -77-,
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 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
LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108 ,
AVISO
Le ban demandado a tasted en la corte. Si usted
quiere defenderse de estas demandas ex-puestas en
las paginas siguientes, usted tiene veinte (20)
dias de plazo al partir de Is fecha de la demands y
la notificacion. Hace falta asentar Una
comparencia escrita o en persona o con un abogado y
entregar a la corte en forma escrita sus defensas o
sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no as defiende,
la corte tomara medidas y puede continuar la
demands en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a
favor del demandante y requiere que usted cumpla
con todas las provisioner de esta demands. Usted
puede perder dinero o sus propiedades u otros
derechos importantes pars, usted.
USTED LE DEBE TOMAR ESTE PAPEL A SU
ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR PARA
EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE
SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
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
(21) 790-1010
Beneficial Consumer Discount
Company d1b/a Beneficial
Mortgage Company of
Pennsylvania
961 Weigel Drive
Elmhurst, IL 60126
V.
Keith A. Miller
560 Cranes Gap Road
Carlisle, PA 17013
and
Jennifer M. Oakley
560 Cranes Gap Road
Carlisle, PA 17013
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number 04 - d_q TJ C4_d -7Z-
CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is 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 Keith A. Miller, who is one of the mortgagors and the real owner
of the mortgaged property hereinafter described, and his last-known address is 560 Cranes Gap
Road, Carlisle, PA 17013.
3. The Defendant is Jennifer M. Oakley, who is one of the mortgagors of the mortgaged
property hereinafter described, and her last-known address is 560 Cranes Gap Road, Carlisle, PA
17013.
4. On 10/23/2002, mortgagors made, executed and delivered a mortgage upon the
premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder
of Cumberland County in Mortgage Book 1779, Page 44.
5. The premises subject to said mortgage is described in the mortgage attached as
Exhibit "A" and is known as 560 Cranes Gap Road, Carlisle, PA 17013.
6. The mortgage is in default because monthly payments of principal and interest upon
said mortgage due 09/30/2005 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
Interest through 04/10/2006
(Plus $ 10.88 per diem thereafter)
Attorney's Fee
Corporate Advances
Cost of Suit
Appraisal Fee
Title Search
GRAND TOTAL
$ 35,487.71
$ 4,681.67
$ 1,774.39
$ 316.50
$ 225.00
$ 125.00
$ 200.00
$ 42,810.27
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. §403) and
notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code
Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to
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
$42,810.27, together with interest at the rate of $10.88 per diem and other costs and charges
collectible under the mortgage and for the foreclosure and sale of the mortgaged property.
TERRENCE J. McCAX, ESQUIRE
Attorney for Plaintiff (/
VERIFICATION
The undersigned, Leslie M. Evans, hereby certifies that she is the Foreclosure Specialist of
the Plaintiff in the within action,
and she is authorized to make this verification and that the foregoing facts ar&krue and correct to the
best ofher 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 unworn falsification to authorities.
M. Evans
711715 MORTGAGE
? IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND
SECURES FUTURE ADVANCES.
THIS MORTGAGE is made this day 23RD of OCTOBER 2002 , between the
Mortgagor, SHIRLEY V ICKES (DECEASED) AND KEITH A MILLER AND JENNIFER M OAKLEY,NOW MARRIE
Zhcrein ".orrower"} and Mortgagee BENEFICIAL CONSUMER DISCOU_NT_ COMPANY D/B/A
BENEFICIAL MORTGAGE CO OF PENNSYLVANIA
a corporation organized and exsiing under the laws of PENNSYL ANIA whose
address is 419 STONEHEDGE DRIVE, SUITE 2, CATtL I SLE , P 1 0
(herein "Lender
The following paragraph preceded by a checked box is applicable.
X WHEREAS, Borrower is indebted to Lender in the principal sum of $ 36,841. 13
evidenced by Borrower's Loan Repayment and Security Agreement or Secon ary ortgage an
Agreement dated OCTOBER 23, 2002 and any extensions or renewals thereof (herein
"Note"), providing or monthly installments of principal and interest, including any adjustments to the
amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if
not sooner paid, due and payable on OCTOBER 23, 2032
LD WHEREAS, Borrower is indebted to Lender in the principal sum of $
or so much thereof as may be advanced pursuant to Borrower's Revolving an Agreement dated
and extensions and renewals thereof (herein "Note"), providing for
monthly installments, as n?Tterest 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 (1) the indebtedness evidenced by the Note, with
interest thereon, including any increases if the contract rate is variable; (2) future advances under any
Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in
accordance herewith to protect the security of this Mortgage.' and (4) the performance of the covenants
and agrcernente of Borrower herein contained, 3orrower does hereby mortgage, grant and convey to
lender and Lender's successors and assii;ns the following described property located in the County of
CUMBERLAND - T_Commotuv!;althof Pcnnsylvania:
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF NORTH
MIDDLETON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF
PENNSYLVANIA,BEING MORE FULLY DESCRIBED IN A DEED DATED 101
13/1993 AND RECORDED 10/25/1993,AMONG THE LAND RECORDS OF
THE COUNTY AND STATE SET FORTH ABOVE,IN DEED VOLUME P-36 AND
oa-2g-o?%58. TAX MAP OR PARCEL ID NO.: 29-05-0427-060 PADO1281
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^!Aptn2350AP9GMiG800aPl,UU 12Bff"*MItLEB " FILE COPY
Exhibit A
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TOOE'1'IIER with all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances and rents, all of which shall he 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 of record. Borrower covenants that Borrower warrants and will defend generally the title
to the Property against all claims and demands, subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows;
1. Payment of Principal and 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 if requested in writing by
Lender, Borrower shall pay to Lender on the da}' 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 twelfth of the
yearly taxes and assessments (including condominium and planned unit development assessments, if
any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus
one-twelfth of yearly premium installments for hazard insurance, plus one twelfth of yearly premium
installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time
by lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be
obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments
to the holder of a prior mortgage or deed of trust if such holder is an institutional lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts
of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an
institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and
ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or
verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds
and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at
the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless
such agreement is made or applicable law requires such interest to be paid, Lender shall not be required
to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge,
an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which
each debit to the Funds was made. The Funds are 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 taxes, assessments, insurance premiums and ground rents, shall exceed
the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall
due, such 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 neces.",ary to make up the deficiency in one or more payments as Lender
may require.
Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to
Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property
04-29-OZ MTG PA0012132
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"MO4A2390AP96MTGa000PA001282F""MILLER " FILE COPY
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is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the
Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit
against the sums secured by this Mortgage.
3. Application or Payments. Except for loans made pursuant to the Pennsylvania Consumer
Discount Company Act, all payments received by Lender under the Note and paragraphs I and 2 hereof
shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph
2 hereof, then to interest, and then to the principal.
4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of
Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which
has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower
shall pay or cause to be paid all taxes, asser;sments and other charges, fines and impositions attributable
to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents,
if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and such
other hazards as Lender may require.
The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by
Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and
renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in
favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals
thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which
has priority over this Mortgage.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days
from the date notice is mailed by lender to Borrower that the insurance carrier offers to settle a claim for
insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option
either to restoration or repair of the Property or to the sumssecured by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit
Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit
impairment or deterioration of the Property and shall comply with the provisions of any lease if this
Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development,
Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or
governing the condominium or planned unit development, the by-laws and regulations of the
condominium or planned unit development, and constituent documents.
7. Protection or Lender's Security. If Borrower fails to perform the covenants and agreements
contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's
interest, in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such
appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary
to protect Lender's interest,
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract
rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and
Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to
Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur
any expense or take any action hereunder.
04-29-02 MTG PA0012B3
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"M04A2390AP96MTG0000PA0012B3F"*MILLE.R x FILE COPY
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8. Inspection. Lender may take or cause to be made reasonable 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. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu
of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed
of trust or other security agreement with a lien which has priority over this Mortgage.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any
successor in interest of Borrower shall not operate to rclcase, in any manner, the liability of the original
Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings
against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Mortgage by reasonofanydemandmade bytheo iginalBorrowerandBorrower'ssuccessors
in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by
applicable law, shall not be* wai ver of or precl ode the exercise of any such ri ght or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and
agreements herein contained shall bind, and the rights hereundershall inure to, the respective successors and
assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and
agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not
execute the Note, (a) 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 other accommodations with regard to the terms of this Mortgage or the Note without
that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that
Borrower'sinterest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any
notice to Borrower provided for in this Mortgage shall be given by delivering 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 the manner designated herein.
13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no
applicable law is contained therein, the state and local laws applicable to this Mortgage shall bethe laws of the
jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of
Pederal'.aw to this Mortgage. In the event that any provision or clause of this Mortgage or the Noteconfliots
with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be
given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note
are declared to be severabi e. As used herein, "costs," "expenses" and "attorneys' f ees" include all sums to the
extent not prohibited by applicable law or li mited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this
Mortgage at the time of execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any
home rehabilitation, improvement, repair, or other 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
ga`z 02 MTG pI?II IS 11111111j1111111IINf11111111111111111111111N111111111111111R1111111111111II111111Will1111111IIBI11111SIRO 1A111111111SHft1 ?PaBotza4
MOe,A2390AP95MTO9000PA0012a4F*"MILLER " FILE COPY
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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 encumbrance subordinate to this Mortgage,
(b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant
of any leasehold interest of three years or less not containing an option to purchase, (d) the creation
of a purchase money security interest for household appliances, (e) a transfer to a relative resulting
from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an
owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal
separation agreement, or from an incidental property settlement agreement, by which the spouse of
the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the
Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy
in the property, or (i) any other transfer or disposition 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
continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in
writing.
If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this
Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall
mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a
period of not less than 30 days from the date the notice is mailed or delivered within which Borrower
may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such
period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by
paragraph 17 hereof.
NONUNIFORM COVF.NAN'1'S. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's
breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to
pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give
notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action
required to cure such breach; (3) a date, not less than 30 days from the date the notice is
mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such
breach on or before the date specified in the notice may result in acceleration or the sums
secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Properly. The
notice shall further inform Borrower of the right to reinstate after acceleration and the right
to assert in the foreclosure proceeding the nonexistence of a default or any other defense of
Borrower to acceleration and foreclosure. If the breach is not cured on or before the date
specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this
Mortgage to be immediately due and payable without further demand and may foreclose this
Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all
expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of
documentary evidence, abstracts and title reports,
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this
Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by
I.cnder to enforce this Mortgage discontimied 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
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agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses
incurred by Lender in enforcing the covenants and agreements of Borrower contained in this
Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not
limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably
require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's
obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment
and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and
effect as if no acceleration had ocourred.
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 collect 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, take possession of and manage the
Property and to collect the rents of the Property including those past due. All rents collected by the
receiver shall be applied first to payment of the costs of management of the Property and collection
of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable
attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account
only for those rents actually received.
20. Release. Upon payment of all sums secured by this Mortgage; Lender shall release this
Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any.
21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the
Property under state or Pederal law,
22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment
is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note.
23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note
is hereby incorporated by reference and made a part of this Mortgage.
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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 or this Mortgage, of any default under the superior encumbrance as of ny sale or oth
foreclosure action.
/?
OAKLEY -Borrower
I hereby certify that the precise address of the Lender (Mortgagee) is:.
419 STONEHEDGE DRIVE SUITE 2, CARLISLE, PA.
On behalf of the Lender. Bye pV4 MICAL K LEE Title:
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND
County as:
I, a Notary Public in and for said county and state, do hereby
certify that KEITH A MILLER AND JENNIFER M 0 KL Y
personally known to me to be the same persons whose names pgg ubscribed 1 to the
foregoing instrument, appeared before me this day in person, and acknowledge that _ T he Y
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signed and delivered the said instrument as THEIR free voluntary act, for the
uses and purposes therein set forth.
Given under my hand and official seal, this _ 71RD 118Y of nr.TnRFg 20 n2
My-Commission expires:
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Carlisle, Cumberland County This instrument was prepared by:
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
Attorney for Plaintiff
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
Cumberland County
Court of Common Pleas
V.
Keith A. Miller
and
Jennifer M. Oal
Number 06-2973 Civil Term
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-
captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil
Procedure and assess damages as follows:
Principal
hiterest from 04/11/2006 - 06/27/2006
42,810.27
837.76
TOTAL
$ 43,648.03
TERRENCE J. McCABE, ESQUIRE
AND NOW, this Op day of ilxlo ? '2006, Judgment is entered in favor of
Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of
Pennsylvania, and against Defendants, Keith A. Miller, and Jennifer M. Oakley, and damages are
assessed in the amount of $ 43,648.03, plus interest and costs.
BY THE PROTHONOTARY:
Lu?
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
Cumberland County
Court of Common Pleas
V.
Keith A. Miller
and
Jennifer M. Oakley
Number 06-2973 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF PHILADELPHIA
SS.
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, Keith A. Miller, is over eighteen (18) years of age and
resides at 560 Cranes Gap Road, Carlisle, PA 17013; and that the Defendant, Jennifer M. Oakley,
is over eighteen (18) years of age and resides at 560 Cranes Gap Road, Carlisle, PA, 17013.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS91 DAY
i
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
Attorney for Plaintiff
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
Cumberland County
Court of Common Pleas
V.
Keith A. Miller
and
Jennifer M. Oal
Number 06-2973 Civil Term
CERTIFICATION
Terrence J. McCabe, attorney for Plaintiff, being duly sworn according to law, deposes
and says that he deposited in the United States Mail a letter notifying the Defendants that
judgment would be entered against them within ten (10) days from the date of said letter in
accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter
is attached hereto and marked as Exhibit "A".
SWORN TO AND SUBSCRIBED
1*
BEFORE ME THIS°?7 DAY
TERRENC Mc SQUIRE
Attorney for Plaintiff
OF % ' 2006.
ef:?!? A?
'NOTARY P
"M 15300
c4d'`
VERIFICATION
The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the
attorney for the Plaintiff in the within action and that he is authorized to make this verification
and that the foregoing facts are true and correct to the best of his knowledge, information and
belief and further states that false statements herein are made subject to the penalties of 18
PA.C.S. Section 4909 relating to unworn falsification to authorities.
rJ 7
TERRENCE J. Mc E,
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, PA 17013
Curt Long
Prothonotary
To:
Keith A. Miller
560 Cranes Gap Road
Carlisle, PA 17013
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
VS.
Keith A. Miller
and
Jennifer M. Oakley
June 16, 2006
Cumberland County
Court of Common Pleas
Number 06-2973 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINSTYOU WITHOUTAHEARINGANDYOUMAY LOSEYOURPROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE ALAWYER, THIS OFFICEMAY BE ABLE
TO PROVIDEYOUWITHINFORMATIONABOUTAGENCIESTHAT MAYOFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
NOTIFICACION IMPORTANTE
USTED SE ENCUENTRA EN ESTADO DE REBEIDIA FOR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBIECIONES A LAS
RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA
ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE
COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR
SENTENCIAEN SUCONTRA Y USTED PODRIA PERDER BIENES U OTROS
DERECHOSIMPORTANTES.
USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O
TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE
PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN
ABOGADO.
SI USTED NO PUEDE PROPORCIONARPARA EMPLEAR UN ABOGADO,
ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCLAS QUE PUEDEN OFRECER LOS
SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO
REDUCIDO NI NINGON HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
Terrence J. McCabe, Esquire
Attorney for Plaintiff
McCABE, WEISBERG & CONWAY, P.C.
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
TJM/rda
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, PA 17013
Curt Long
Prothonotary
June 16, 2006
To: Jennifer M. Oakley
560 Cranes Gap Road
Carlisle, PA 17013
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
VS.
Keith A. Miller
and
Jennifer M. Oal
Cumberland County
Court of Common Pleas
Number 06-2973 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FIE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
NOTIFICACION IMPORTANTE
USTED SE ENCUENTRA EN ESTADO DE REBELDIA FOR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE O FOR ABOGADO Y FOR NO HABER RADICADO FOR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBIECIONES A LOS
RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA
ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE
COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR
SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS
DERECHOSIMPORTANTES.
USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O
TELEFONEA LA OFICINA EXPUSO ABAJO. BSTA OFICINA LO PUEDE
PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN
ABOGADO.
SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO,
ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS
SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO
REDUCIDO NI NINGON HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
Exhibit A Terrence J. McCabe, Esquire
Attorney for Plaintiff
McCABE, WEISBERG & CONWAY, P.C.
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
TJM/rda
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CID
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, PA 17013
Curt Long
Prothonotary
To: Keith A. Miller
560 Cranes Gap Road
Carlisle, PA 17013
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
Cumberland County
Court of Common Pleas
V.
Keith A. Miller
and
Jennifer M. Oakley
Number 06-2973 Civil Term
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the
above proceeding as indicated below.
X Judgment by Default
Money Judgment
- Judgment in Replevin
- Judgment for Possession
Curt Long
Prothonotary
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 17013
Curt Long
Prothonotary
To: Jennifer M. Oakley
560 Cranes Gap Road
Carlisle, PA 17013
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
Cumberland County
Court of Common Pleas
V.
Keith A. Miller
and
Jennifer M. Oakley
Number 06-2973 Civil Term
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the
above proceeding as indicated below.
X Judgment by Default
Money Judgment
- Judgment in Replevin
- Judgment for Possession
Curt Long
Prothon ary
If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esquire at
(215) 790-1010.790-1010.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FILE NO.: 06-2973 Civil Term
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania AMOUNT DUE: $43,648.03
V.
Keith A. Miller
Jennifer M. Oakley
INTEREST: from 6/28/06 - 12/6/06
$1,163.16 at $7.18 Per Diem
ATTY'S COMM.:
COSTS:
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account
based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant
to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon
the following described property of the defendant(s)
560 Cranes Gap Road, Carlisle, PA 17013
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six
copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s)
described in the attached exhibit.
DATE: 7 1& 5 Signature: e X - VYi I, e
Print 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
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-2973 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY
DB/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s)
From KEITH A. MILLER AND JENNIFER M. OAKLEY
(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 $43,648.03 L.L. $.50
Interest FROM 6/28/06 -12/6/06 - $1,163.16 AT $7.18 PER DIEM
Atty's Comm % Due Prothy $1.00
Atty Paid $130.40 Other Costs
Plaintiff Paid
Date: JULY 6, 2006
CURTIS R. LONG
Prothonota
(Seal) By:
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
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
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
Attorney for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Plaintiff
V.
Number 06-2973 Civil Term
Keith A. Miller and Jennifer M. Oakley
Defendants
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: 560 Cranes Gap Road, Carlisle, PA 17013, a copy of the description
of said property is attached hereto and marked as Exhibit "A."
1. Name and address of Owners or Reputed Owners:
Name
Keith A. Miller
Address
560 Cranes Gap Road
Carlisle, PA 17013
Jennifer M. Oakley
560 Cranes Gap Road
Carlisle, PA 17013
2. Name and address of Defendants in the judgment:
Name
Keith A. Miller
Address
560 Cranes Gap Road
Carlisle, PA 17013
Jennifer M. Oakley
560 Cranes Gap Road
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
4.
5
6.
7
Name Address
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein.
Name and address of every other person who has any record lien on the property:
Name
None
Address
Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name
None
Address
Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name
Tenants
Domestic Relations
Cumberland County
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
560 Cranes Gap Road, Carlisle, PA 17013
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, PA 19106
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
July 5, 2006
DATE
?- iii l
TERRENCE J. cCABE, ESQUIRE
Attorney for Plaintiff
._ ?
._, ..
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" McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
VS.
Keith A. Miller
Jennifer M. Oakley
Cumberland County
Court of Common Pleas
Number 06-2973
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Keith A. Miller
Jennifer M. Oakley
560 Cranes Gap Road
Carlisle, PA 17013
Your house (real estate) at 560 Cranes Gap Road, Carlisle, PA 17013 (Tax Parcel #29-05-
0427-060) , is scheduled to be sold at Sheriffs Sale on December 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 $43,648.03
obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of
Pennsylvania against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania, the back payments, late charges,
costs, and reasonable attorney's fees due. To find out how much you must pay, you
may call Terrence J. McCabe, Esquire at (215) 790-1010.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open
the judgment, if the judgment was improperly entered. You may also ask the Court
to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See the following notice on how to obtain an attorney.)
f
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale.
To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-
1010.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and
the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not
later than 30 days after sale. Distribution will be made in accordance with the schedule
unless exceptions are filed thereto within 10 days after the filing of the schedule.
7. You may also have other rights and defenses, or ways of getting your real estate back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE OR CUMBERLAND
COUNTY
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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LEGAL DESCRIPTION
ALL THOSE CERTAIN tracts or parcels of land and premises, situate, lying and being in the Township of
North Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows:
TRACT NO 1: BEGINNING at a point in the approximate center line of Crane's Gap Road, Legislative
Route No. 21031, said point being North 41 degrees 52 minutes West 300 feet from the Northern side of
a proposed 50 foot street; thence by property now or formerly of George Donald McKinney, et ux, South
59 degrees 7 minutes West 200 feet to a point at line of lands of Charles E. Neiswender, et ux; thence by
the same, North 41 degrees 52 minutes West 100 feet to a point; thence still by the same, North 59
degrees 7 minutes East 220 feet, more or less, to a point on the approximate center line of the aforesaid
road; thence by the same, South 31 degrees 28 minutes East 77.46 feet to an iron pin; thence still by the
same, South 41 degrees 52 minutes East 22.54 feet to a point, the Place of BEGINNING.
SAID property being improved with a one story frame dwelling house known and numbered 560 Crains
Gap Road, Carlisle, Pennsylvania.
TRACT NO. 2 BEGINNING at a point in the Crane's Gap Road, Legislative Route No. 21031, and at the
Northern side of property of Charles E. Neiswender et ux; thence by said road, South 31 degrees 28
minutes East, 120 feet to a point at line of lands of Marshall Gary Lebo, et ux; thence by the same, South
59 degrees 07 minutes West, 213.98 feet to a point; thence by land of Charles E. Neiswender, et ux,
North 31 degrees 28 minutes West, 130 feet to a point at line of lands of Charles E. Neiswender, et ux;
thence by the same, North 61 degrees 46 minutes 30 seconds East, 214.31 feet to a point; the place of
BEGINNING.
PARCEL NO. 29-05-0427-060
BEING THE SAME PREMISES which Shirley V. Ickes, single woman, by Indenture dated 10-13-93 and
recorded 10-25-93 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed
Book P-36 page 458, granted and conveyed unto Shirley V. Ickes and Keith A. Miller, as joint tenants with
the right of survivorship.
AND the said Shirley V. Ickes, has since departed this life on 03-01-98, leaving title vested in Keith A.
Miller, by right of survivorship.
SHERIFF'S RETURN - REGULAR
tr .%
CASE NO: 2006-02973 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT
VS
MILLER KEITH A ET AL
WILLIAM CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
M T T.T.W'.R V'P.T TN A the
DEFENDANT , at 1744:00 HOURS, on the 26th day of May , 2006
at 560 CRANES GAP ROAD
CARLISLE, PA 17013
by handing to
JENNIGER OAKLEY, ADULT IN CHARGE
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: So Answers:
Docketing 18.00
Service 4.40 %f`
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
32.40 ? 05/30/2006
MCCABE WE I SBERG CONWAY
Sworn and Subscibed to By:
before me this day Deputy Sheriff
of A.D.
SHERIFF'S RETURN - REGULAR
r 1%
CASE NO: 2006-02973 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT
VS
MILLER KEITH A ET AL
WILLIAM CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
OAKLEY JENNIFER M the
DEFENDANT , at 1744:00 HOURS, on the 26th day of May 2006
at 560 CRANES GAP ROAD
CARLISLE, PA 17013 by handing to
JENNIFER OAKLEY
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: So Answers:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00,/ 05/30/2006
?" 7,/-7-0& MCCABE WE I SBERG CONWAY
Sworn and Subscibed to By:
before me this day e uty Sheriff
of A.D.
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
vs.
Keith A. Miller
Jennifer M. Oakley
Cumberland County
Court of Common Pleas
Number 06-2973
AFFIDAVIT OF SERVICE
I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify
that on the 6' day of October, 2006, a true and correct copy of the Notice of Sheriff s 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 ofthe letter and certificate of mailing are also attached hereto, made a part hereof and
marked as Exhibit "B."
4-IAI?-- -
TE CE J. McCABE, ESQUIRE
Attorney for Plaintiff
SWORN TO AND SUBSCRIBED
131-14)RF ME THIS 6TH DAY OF
0fe,-,7'0BER , 2006.
ARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
FMChrissandra Shaye Hamilton, Notary Public
City of Philadelphia, Phila. County
Commission Expires January 4, 2009
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
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
Attorney for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Plaintiff
V.
Number 06-2973 Civil Term
Keith A. Miller and Jennifer M. Oakley
Defendants
AFFIDAVIT PURSUANT TO RULE 3129
1, 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: 560 Cranes Gap Road, Carlisle, PA 17013, a copy of the description
of said property is attached hereto and marked as Exhibit "A."
1. Name and address of Owners or Reputed Owners:
Name
Keith A. Miller
Address
560 Cranes Gap Road
Carlisle, PA 17013
Jennifer M. Oakley
560 Cranes Gap Road
Carlisle, PA 17013
2. Name and address of Defendants in the judgment:
Name
Keith A. Miller
Fan
Jennifer M. Oakle txh
Address
560 Cranes Gap Road
Carlisle, PA 17013
bCOtan? e
oa d
re, S, 013
aAf;
3
4
5
6
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
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein.
Name and address of every other person who has any record lien on the property:
Name
None
Address
Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name
None
Address
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 560 Cranes Gap Road, Carlisle, PA 17013
Domestic Relations P.O. Box 320
Cumberland County Carlisle; PP.. 17013
Commonwealth of Pennsylvania Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania 1400 Spring Garden Street
Inheritance Tax Office Philadelphia, PA 19130
Commonwealth of Pennsylvania 6th Floor, Strawberry Square
Bureau of Individual Tax Department #280601
Inheritance Tax Divisiafi? Varroburg, PA 17128
Department of Public a Whilm?Oa Ming
TPL Casualty Unit Est 4.' x 84 ' hi *' ,?
Recovery Program arris urg, A 105-8486
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 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 unsw rn falsification to authorities.
October 6, 2006 --?f DATE 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
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
vs.
Keith A. Miller
Jennifer M. Oakley
Cumberland County
Court of Common Pleas
Number 06-2973
DATE: October 6, 2006
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): Keith A. Miller and Jennifer M. Oakley
PROPERTY: 560 Cranes Gap Road, Carlisle, PA 17013
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 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.
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Beneficial Consumer Discount Company d/b/a In the Court of Common Pleas of
Beneficial Mortgage Company of Pennsylvania Cumberland County, Pennsylvania
VS Writ No. 2006-2973 Civil Term
Keith A. Miller and Jennifer M. Oakley
William Cline, Deputy Sheriff, who being duly sworn according to law, states that on
September 21, 2006 at 2040 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendants, to wit: Keith A. Miller
and Jennifer M. Oakley, by making known unto Jennifer Oakley personally and adult in charge for
Keith A. Miller, at 560 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania its contents
and at the same time handing to her personally the said true and correct copy of the same.
William Cline, Deputy Sheriff, who being duly sworn according to law, states that on
October 12, 2006 at 2020 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Keith A. Miller and Jennifer M.
Oakley_ located at 560 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania according to
law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendants, to wit: Keith A.
Miller and Jennifer M. Oakley, by regular mail to their last known address of 560 Cranes Gap Road,
Carlisle, PA 17013. These letters were mailed under the date of October 05, 2006 and never
returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of instruction from Attorney Terrence McCabe.
Sheriffs Costs:
Docketing $30.00
Poundage 984.20
Posting Bills 30.00
Advertising 30.00
Law Library .50
Prothonotary 1.00
Mileage 8.80
Certified Mail 2.35
Levy 30.00
Surcharge 40.00
Law Journal 503.00
Patriot News 398.57
Share of Bills 15.94
Postpone Sale 20.00 ??aglp7 ?1
$2,094.36
S? o ASS rs•
R. Thomas Kline, Sheriff
BYV CC?L?. ? -vYl?-lJ?t
Real Estate ergeant
t'? t:lt.5 B?yF
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
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
Plaintiff
V.
Keith A. Miller and Jennifer M. Oakley
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Number 06-2973 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of
the date the Praecipe for the Writ of Execution was filed the following information concerning
the real property located at: 560 Cranes Gap Road, Carlisle, PA 17013, a copy of the description
of said property is attached hereto and marked as Exhibit "A."
1. Name and address of Owners or Reputed Owners:
Name
Keith A. Miller
Jennifer M. Oakley
Address
560 Cranes Gap Road
Carlisle, PA 17013
560 Cranes Gap Road
Carlisle, PA 17013
2. Name and address of Defendants in the judgment:
Name
Keith A. Miller
Jennifer M. Oakley
Address
560 Cranes Gap Road
Carlisle, PA 17013
560 Cranes Gap Road
Carlisle, PA 17013
' .
3
4.
5
6.
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
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein.
Name and address of every other person who has any record lien on the property:
Name
None
Address
Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name
None
Address
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
560 Cranes Gap Road, Carlisle, PA 17013
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, PA 19106
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
July 5, 2006
DATE
TERRENCE J. cCABE, ESQUIRE
Attorney for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
PY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Beneficial Consumer Discount Company
d/b/a Beneficial Mortgage Company of
Pennsylvania
VS.
Keith A. Miller
Jennifer M. Oakley
Cumberland County
Court of Common Pleas
Number 06-2973
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Keith A. Miller
Jennifer M. Oakley
560 Cranes Gap Road
Carlisle, PA 17013
Your house (real estate) at 560 Cranes Gap Road, Carlisle, PA 17013 (Tax Parcel #29-05-
0427-060) , is scheduled to be sold at Sheriffs Sale on December 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 $43,648.03
obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of
Pennsylvania against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Company of Pennsylvania, the back payments, late charges,
costs, and reasonable attorney's fees due. To find out how much you must pay, you
may call Terrence J. McCabe, Esquire at (215) 790-1010.
2. You maybe able to stop the sale by filing a petition asking the Court to strike or open
the judgment, if the judgment was improperly entered. You may also ask the Court
to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010.
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.
The sale will go through only if the buyer pays the Sheriff the full amount due on the sale.
To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-
1010.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and
the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not
later than 30 days after sale. Distribution will be made in accordance with the schedule
unless exceptions are filed thereto within 10 days after the filing of the schedule.
7. You may also have other rights and defenses, or ways of getting your real estate back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE
IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE
LAWYER REFERRAL SERVICE OR CUMBERLAND
COUNTY
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
LEGAL DESCRIPTION
ALL THOSE CERTAIN tracts or parcels of land and premises, situate, lying and being in the Township of
North Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
described as follows:
TRACT NO 1: BEGINNING at a point in the approximate center line of Crane's Gap Road, Legislative
Route No. 21031, said point being North 41 degrees 52 minutes West 300 feet from the Northern side of
a proposed 50 foot street; thence by property now or formerly of George Donald McKinney, et ux, South
59 degrees 7 minutes West 200 feet to a point at line of lands of Charles E. Neiswender, et ux; thence by
the same, North 41 degrees 52 minutes West 100 feet to a point; thence still by the same, North 59
degrees 7 minutes East 220 feet, more or less, to a point on the approximate center line of the aforesaid
road; thence by the same, South 31 degrees 28 minutes East 77.46 feet to an iron pin; thence still by the
same, South 41 degrees 52 minutes East 22.54 feet to a point, the Place of BEGINNING.
SAID property being improved with a one story frame dwelling house known and numbered 560 Crains
Gap Road, Carlisle, Pennsylvania.
TRACT NO. 2 BEGINNING at a point in the Crane's Gap Road, Legislative Route No. 21031, and at the
Northern side of property of Charles E. Neiswender et ux; thence by said road, South 31 degrees 28
minutes East, 120 feet to a point at line of lands of Marshall Gary Lebo, et ux; thence by the same, South
59 degrees 07 minutes West, 213.98 feet to a point; thence by land of Charles E. Neiswender, et ux,
North 31 degrees 28 minutes West, 130 feet to a point at line of lands of Charles E. Neiswender, et ux;
thence by the same, North 61 degrees 46 minutes 30 seconds East, 214.31 feet to a point; the place of
BEGINNING.
PARCEL NO. 29-05-0427-060
BEING THE SAME PREMISES which Shirley V. Ickes, single woman, by Indenture dated 10-13-93 and
recorded 10-25-93 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed
Book P-36 page 458, granted and conveyed unto Shirley V. Ickes and Keith A. Miller, as joint tenants with
the right of survivorship.
AND the said Shirley V. Ickes, has since departed this life on 03-01-98, leaving title vested in Keith A.
Miller, by right of survivorship.
WRIT OF EXECUTION and/or ATTACHMENT
. 1
COMMONWEALTH OF PENNSYLVANIA) NO 06-2973 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY
DB/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s)
From KEITH A. MILLER AND JENNIFER M. OAKLEY
(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 $43,648.03 L.L. $.50
Interest FROM 6/28/06 -12/6/06 - $1,163.16 AT $7.18 PER DIEM
Atty's Comm % Due Prothy $1.00
Atty Paid $130.40 Other Costs
Plaintiff Paid
Date: JULY 6, 2006
CURTIS R. LONG
omthonot
(Seal) Zr
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
*0
ASO-1
Real Estate Sale # 29
On September 5, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
North Middleton Township, Cumberland County, PA
Known and numbered as 560 Cranes Gap Road,
Carlisle , more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: September 5, 2006 By?j 0?4 - - / ?
Real Estat Sergeant
L Z =t d £ 1 IRS 8001
-JIHI 1,
.
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and
8th day(s) of November 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 21A4 'Are .................................
COPY Sworn to and s n e efore me this 15th day of November 2006 A.D.
SALE #29 COMMONWEALTH OF PENNSYLVM
Notarial Seal
Terry L. Russell, Notary Public
City Of H sburg, hin County
my Com ,ssion E u June 6, 2010
ember, P nn LV4?sociation of o ries
NOTARY PUBLIC
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
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that. the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 20, October 27 and November 3, 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.
REAL ESTATE SALE NO. 29
Writ No. 2006-2973 Civil
Beneficial Consumer Discount
Company d/b/a Beneficial
Mortgage Company of
Pennsylvania
VS.
Keith A. Miller and
Jennifer M. Oakley
Atty.: Terrence McCabe
LEGAL DESCRIPTION
ALL THOSE CERTAIN tracts or
parcels of land and premises, situ-
ate, lying and being in the Town-
ship of North Middleton in the
County of Cumberland and Com-
monwealth of Pennsylvania, more
particularly described as follows:
TRACT NO 1: BEGINNING at a
point in the approximate center line
of r..X?% Gan Road. Le.Fialative
Marie Coyne, 14ditor
U#` SWORN TO AND SUBSCRIBED before me this
3 day of November, 2006
NOTARIAI. SEAL
LOIS E. SNYDER, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5, 2009