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Home My WebLink About06-6277McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company VS. Kathryn J. Culbertson Cumberland County Court of Common Pleas Number 06-6277 Civil 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 $164,878.53 Interest from 9/13/2006 - 3/7/2007 $ 5,623.20 TOTAL $170,501.73 McCABE, WEISBERG AND CONWAY, P.C. BY: Af?ic. Attorneys for Plaintiff " TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, this 944day of /lt4 L`L , 2007, Judgment is entered in favor of Plaintiff, Household Finance Consumer Discount Company and against Defendant(s) Kathryn J. Culbertson and damages are assessed in the amount of $170,501.73, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company vs. Kathryn J. Culbertson Cumberland County Court of Common Pleas Number 06-6277 Civil 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), Kathryn J. Culbertson, is over eighteen (18) years of age, and resides at 622 Charles Street, Shippensburg, PA 17257. McC E, WEISBERG AND CONWAY, P.C. BY:? Attorneys for aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th DAY OF March, 2007. GLORIA City of Philad m Commissloo En's :l ,Request for Military Status Department of Defense Manpower Data Center Military Status Report f' Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 FEB-22-2007 07:41:29 4. Last Name First/Middle Begin Date Active Duty Status Service/Agency CULBERTSON Kathryn J. Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Au?f Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act 150 USCS Appx. # 167,9 167; 501 et seq I (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://ww.xN?.de.fe.n.s.ell..nk......mil/.faq/pis/PC09SLDR.htmI WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://w-ww.dmdc.osd.mil/scra/owa/scra.prc_Select 2/22/2007 ` Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BVFSDKIUYRA https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 2/22/2007 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company VS. Kathryn J. Culbertson Cumberland County Court of Common Pleas Number 06-6277 Civil CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th DAY OF March, 2007. McCABE, WEISBERG AND CONWAY, P.C. BY:. Attorneys for 'Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE GLORIA D. h91TC IS I_, Nc <.rv N` c City of Phifacle 0i.3jr rila. Counly MY Commission Expires hs-3 2, %007 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary February 22, 2007 To: Kathryn J. Culbertson 622 Charles Street Shippensburg, PA 17257 Household Finance Consumer Discount Company Cumberland County Court of Common Pleas vs. Kathryn J. Culbertson Number 06-6277 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, Y.A SEA PERSONALMENTE O POR .ABOGADO Y" POR NO HABER RADICADO POR ESCRFrO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIE7_ (10) DIAS DE LA FECHA DE ESTA NO"iIFICACION, FL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECE'R USTED EN CORTE U OIR PREUB.A ALGUNA. DICTAR SENTENC'IA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. US"I ED LE DE13L TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. P.STA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUF,DE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST.A 01-ICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCAA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. YOIJ ARF N DL-FAUL7 BECAUSE YOU HAVE FAILED TO F;NTER A WRITTEN API'F:ARANCL 'LRSON.ALLY OR BY ATTORNEI' AND FILE IN v? RITING N 7"I H THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SEI' FORTH A(;-11NSI' )'Oti. UNLESS YOU ACT WITHIN TEN (10) DAY S FROM IHE DATE o" THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU W ITHOUTA HEARING AND YOU MAY LOSE YOUR PROPERTY ult 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. ]'HIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IiIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE- MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY 01-FER 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 Cumberland County Bar Association 2 liberty Avenue Carlisl 'A 17013 800-99 McCABE, WEIS13 BY: Attorney for Plain ANDREW L. MARKOWI WAY, P.C. ESQUIRE ALM/kpa VERIFICATION The undersigned, ?MG 4a I ra , ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. McC E, WEISBERG D CONWAY, P.C. BY: -C Attorneys for aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 4Q.. h L AJ T OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Kathryn J. Culbertson 622 Charles Street Shippensburg, PA 17257 Household Finance Consumer Discount Company VS. Kathryn J. Culbertson Cumberland County Court of Common Pleas Number 06-6277 Civil 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 /4& is ng Prothonotary 34167 If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Household Finance Consumer Discount Company V. FILE NO.: 06-6277 Civil Civil Term AMOUNT DUE: $1705,501.73 Kathryn J. Culbertson TO THE PROTHONOTARY OF SAID COURT: INTEREST: from 3/8/2007 - 6/13/2007 $2,746.94 at $28.03 Per Diem ATTY' S COMM. : COSTS: 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) 622 Charles Street, Shippensburg, PA 17257 (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: Signature: r2ttr' Print Name: MCCABE, W SBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. -TI : f' rz? w '? 1 - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6277 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From KATHRYN J. CULBERTSON (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 $170,501.73 L.L. $.50 Interest FROM 3/8/07 - 6/13/07 $2,746.94 AT $28.03 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $219.40 Other Costs Plaintiff Paid Date: MARCH 9, 2007 (Seal) Now Cu s R. Long, P nota By: Deputy REQUESTING PARTY: Name MARGARET GAIRO, ESQUIRE Address: MCCABE WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff V. Kathryn J. Culbertson Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 06-6277 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 622 Charles Street, Shippensburg, PA 17257, 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 Kathryn J. Culbertson Address 622 Charles Street Shippensburg, PA 17257 2. Name and address of Defendant in the judgment: Name Kathryn J. Culbertson Address 622 Charles Street Shippensburg, PA 17257 3 4. 5. 6 7 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 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 Address 622 Charles Street, Shippensburg, PA 17257 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. March 7, 2007 MCC S 7WEISBEERG.,ANP CO WAY, P.C. BY: Attorneys for aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE -TI 1 -Y i McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company VS. Kathryn J. Culbertson Cumberland County Court of Common Pleas Number 06-6277 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathryn J. Culbertson 622 Charles Street Shippensburg, PA 17257 Your house (real estate) at 622 Charles Street, Shippensburg, PA 17257 (Tax Parcel #32- 34-2413-221) , is scheduled to be sold at Sheriff s Sale on June 13, 2007 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $170,501.73 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Household Finance Consumer Discount Company, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway 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.) SA EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway 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 McCabe, Weisberg and Conway 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 BAR ASSOCIATION 4TH FLOOR, 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (717) 240-6200 ?? `'=? c? - ??a :_? -?, -., ..i_4t? ? j _ l#Y} s (?. ? ? t S r w ;;?'? °?=s, ;_ k ..:":i ...-- r:. ?? ? 4 ? McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company 961 Weigel Drive Elmhurst, IL 60126 V. Kathryn J. Culbertson 622 Charles Street Shippensburg, PA 17257 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number (?L cCIVIL 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 usted en la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notifrcacion. 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 se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notifrcacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para 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. B1': TERRENCE J. McCABE, ESQUIRE - 1D # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company 961 Weigel Drive Elmhurst, IL 60126 V. Kathryn J. Culbertson 622 Charles Street Shippensburg, PA 17257 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number (?(a - a'?7 ?rut?l?? CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Kathryn J. Culbertson, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 622 Charles Street, Shippensburg, PA 17257. 3. On 04/19/2004, mortgagor 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 1862, Page 644. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 622 Charles Street, Shippensburg, PA 17257. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/23/2006 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. 6. The following amounts are due on the mortgage: Principal Balance Interest through 09/12/2006 (Plus $ 31.95 per diem thereafter) Attorney's Fee Corporate Advances Cost of Suit Appraisal Fee Title Search GRAND TOTAL $ 151,581.77 $ 4,946.95 $ 7,579.09 $ 220.72 $ 225.00 $ 125.00 $ 200.00 $ 164,878.53 7. 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. 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $164,878.53, together with interest at the rate of $31.95 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. MCCABE, SBERG AY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUI MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned„ hereby certifies that they are the Attorney for the Plaintiff in the within action, and that they are authorized to make this verification and that the foregoing facts are true and correct to the best of their knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, W EISBERG & CONWAY, P.C. ,i By: Attorneys for Plaintiff TERRENCE J. McCABE, E RE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 713303 IMORTGAGEI a IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 19TH of APR I L 2004 , between the Mortgagor, KATHRYN J. CULBERTSON, NOT STATED er@ n "Borrower") an Mortgagee HOUSEHOLD F I NANCE CONSUMER D I SCOUNT COMPANY a corporation organized an existing un er the laws o A , whose address is 25 GATEWAY DRIVE, GATEWAY SQUARE/ A 17055 (herein "Len er The following paragraph preceded by a checked box is applicable. F x WHEREAS, Borrower is indebted to Lender in the principal sum of $ 154,869.75 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage an Agreement dated APR I L 19, 2004 and any extensions or renewals thereof (herein "Note"), providing or monthly installments o 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 APR I L 19, 2034 ; 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 ted and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ ; TO SECURE 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 agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THEBOROUGH OF SHIPPENSBURG IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 08/19/1991 AND RECORDED 08/22/1991, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 635 10_z0 MAGE 1003. TAX MAP OR PARCEL ID NO.: 32-34-2413-221 PA0012E1 IIIIII??q?illllllllgq?lgl?Q??llql?llqq?IIIIIqIq?qq?????9?IqlUqiqal?? "C20253EA7B96MT09000PA0012E1F""CULBERTSON " FILE COPY Exhibit A -2- TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and 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 day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-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 necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or theProperty 10-20-03 MTG PA0012E2 xC2B253EA7B96MT69000PA0012E2FKwCULBERTSON K FILE COPY -3- is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then 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, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 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 sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. 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 of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, 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. 10-20-03 MTG PA0012E3 KC2B253EA7B96MTG9000PA0012E3FK"CULBERTSON " FILE COPY -4- 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 release, 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 reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not bes waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder steal I 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) is co-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's interest 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 be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts 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 severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law orlimited 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 Borrowers 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 parties who abor materials or services in connection with i 10 2 03 GsuppW 1 11t IlIJIIg11MN11111fl1Iu1AIlIll? I?I1 11111, 1111 p PA 012E4 KC2B253EA7696MT09000PA0012E4FK*CULBER7$UN " FILE COPY -5- 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or 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 COVENANTS. 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 of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. 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 Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or 10-20-03 MTG PA0012E5 "C2B253EA7996MTG9000PA0012ESFMMCULBERTSON FILE COPY -6- agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; 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 casts of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal 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. (THIS SPACE INTENTIONALLY LEFT BLANK) 10-20-03 MTG 1101111MOMISMIMI IMill iEll0011®®0®111 PA0012ES xC2B253EA7895MT09000PA0012E5Fx¦CULBERTSON x FILE COPY -7- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of ny sale or other foreclosure action. KATHRYN B S0N -Borrower rrower I hereby certify that the precise address of the Lender (Mortgagee) is: 25 GATEWAY BRIVE, GATEWAY SQUARE/SUITE 107, MECHANICSBURG, PA 17055 On behalf of the Lender. By: KABL A SMITH Title: BRANCH MANAGER COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: I. DENISE M CHUBB a Notary Public in and for said county and state, do hereby certify that KATHRYN CULBERTSgq. T SA TE personally known to me or proven satisfactorily to the same person s whose names is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that S he signed and delivered the said instrument as her free voluntary act, Tor t it a uses and purposes therein set forth. Given under my hand and official seal, this 19th day of April , 2CD4 COMMONWEALTH OF PENN YLVANIA MY Commission expires: Notarial Seal h1?Q Denise M. Chubb,Notary Public Rye Twp„ Perry County Notary Public My Commission Expires Oct. 31, 2005 Member, Pennsykenle Association of Notaries COMMONWEALTH OF PENNSYLVANIA, County ss: 1, a Notary Public in and for said county and state, do hereby certify that personally known to me or proven satisfactorily to be the same persons whose name(s) subscribed to the foregoing instrument, appeared before me this day in person, and acknowl ge t at he signed and delivered the said instrument as free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this day of 120 My Commission expires: Notary Public This instrument was prepared by: OUSEHC ANdE CORPORATION 25 kYe, U Mechanicsburg, PA. 17055 I?ll??l?llllllil?ll{???1?011?1??I?q?II?II?II??IIIUi?I???fll?llll???QllaQ? "C28253EA7896MTG9000PA0012E7Fx*CULBERTSON " FILE COPY -8- {Space Below This Line Reserved For Lender and Recorder} Return To: Records Processing Services 577 Lamont Road Elmhurst, IL 60126 10-20-03 MTG PA0012ES MC28253EA7B96MTG9000PA0012EBFMNCULBERTSON * FILE COPY r-? c. h? CTN C'J rt -n ?Yy t ?Tf'r :.G OV) McCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification Number 28 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company V. Kathryn J. Culbertson Attorney for Plaintiff : Cumberland County : Court of Common Pleas Number 06-6277 Civil Term PETITION TO ALLOW SERVICE ON THE DEFENDANTS BY REGULAR MAIL, CERTIFIED MAIL AND POSTING PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Kathryn J. Culbertson, at the Defendants' last-known address of 622 Charles Street, Shippensburg, PA 17257. However, the Sheriff advised that he was unsuccessful as there was no answer. A copy of the Sheriff's Non Service Return indicating the same is attached hereto and marked as Exhibit "A." 2. Plaintiff has searched for a forwarding address for Defendant, and the Post Master has advised that there is no change of address order on file for the Defendant, Kathryn J. Culbertson, from the address of 622 Charles Street, Shippensburg, PA 17257. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 3. Plaintiff has checked the Local Telephone Directory for an address for Defendant; there is a listing for the Defendant, Kathryn Culbertson at 622 Charles Street, Shippensburg, PA 17257 with a telephone number of 717-532-8074, left messages with no response.(See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 4. Plaintiff has attempted to make inquiry with Gordan Thomas of 626 Charles Street, an adult female stated that Defendant Kathryn J. Culbertson, does reside at the 622 Charles Street. Plaintiff also attempted to make inquiry with Paul Leaphart of 620 Charles Street, adult female stated she does not know Defendant. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 5. Plaintiff has made inquiry of the local tax bureau and the tax bill is mailed to 622 Charles Street, Shippensburg, PA 17257. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 6. Plaintiff has made inquiry with the Social Security Administration and was advised that there are no death records on file for the Defendant, Kathryn J. Culbertson (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 7. Plaintiff has investigated the Defendants' Voter Registration Records, and the Cumberland County Office of Voter Registration has advised that the Defendant, Kathryn J. Culbertson is registered to vote at the address of 622 Charles Street, Shippensburg, PA 17257. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 8. If service cannot be made on the Defendant, Kathryn J. Culbertson, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, Kathryn J. Culbertson, by regular mail; certified mail, return receipt requested; and by posting at Defendants' last-known address and the mortgaged premises known in this herein action as 622 Charles Street, Shippensburg, PA 17257. ANDREW L. MARKOWITZ, QUIRE Attorney for Plaintif McCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification Number 28 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company V. Kathryn J. Culbertson Attorney for Plaintiff : Cumberland County : Court of Common Pleas Number 06-6277 Civil Term MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing her whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. ANDREW L. MARKOW-LTZ, SQUIRE Attorney for PlaintifT McCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification Number 28 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company V. Kathryn J. Culbertson Attorney for Plaintiff : Cumberland County : Court of Common Pleas Number 06-6277 Civil Term CERTIFICATION OF SERVICE I, Andrew L. Markowitz, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Petition to Allow Service on the Defendants by Regular Mail, Certified Mail, and Posting Pursuant to Pa.R.C.P. 430, by United States Mail, first class, postage prepaid, on the 711 day of December, 2006, upon the following: Kathryn J. Culbertson 622 Charles Street Shippensburg, PA 17257 ANDREW L. MARKOWITZ,/ESQUIRE Attorney for Plaintiff, TFRRFNCF J McCABE*** MARC S. WEISBERG** EDWARD D. CONWAY MARGARET GAIRO RITA C. BUSCHER*$ MONICA G. CHRISTIE + ANDREW L. MARKOW ITZ FRANK DUBIN BRENDA L.BROGDON* BONNIE DAHL* SCOTT TAGGART* ANGELA M. MICHAEL)> MATTHEW DITRAPANIA • Licensed in PA & NJ •' Licensed in PA & NY •+ Lic nced in PA & NM Licensed in PA & WA •"• Licensed in PA, NJ & NY t Licensed in NY & CT ^ Licensed in NY j Managing Attorney for NJ + Managing Attorney for NY LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 600 SUITE 2080 216 HADDON AVENUE 123 SOUTH BROAD STREET WESTMONT, NJ 08108 PA 19109 PHILADELPHIA (856) 858-7080 , (215) 790-1010 FAX (856) 858-7020 FAX (215) 790-1274 SUITE 205 53 WEST 36TH STREET NEW YORK, NY 10018 - (917) 351-1188 FAX (917) 351-0363 Of Counsel December 6, 2006 JOSEPH F. RIGA* LISA L. WALLACEt Kathryn J. Culbertson 622 Charles Street Shippensburg, PA 17257. Re: Household Finance CDC v. Culbertson Cumberland County; C. C. P. ; Number 06-6277 Civil Term Dear Ms. Culbertson Enclosed please find a true and correct copy of Motion for Alternative Service Pursuant to Pa.R.C.P. 430 the original of which is being duly filed of record with the Court relative to the above matter. Very truly yours, l f .,. 1 j Kasey IV Vatton Paralegal This letter may be an attempt to collect.a debt.and any information obtained will be used for that purpose. VERIFICATION The undersigned, ANDREW L. MARKOWITZ, 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. §4904 relating to unsworn falsification to authorities. ANDREW L. MARMWITZ, SQUIRE Attorney for Plaintif SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06277 P COMMONTWEALTH OF PENNSYLVANIA rOTJNTY OF CUMBERLAND i HOUSEHOLD FINANCE CONSUMER VS CULBERTSON KATHRYN J 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 CULBERTSON KATHRYN J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 622 CHARLES STREET NOT FOUND , as to 11 CULBERTSON KATHRYN J SHIPPENSBURG, PA 17257 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT. Sheriff's Costs: So answer Docketing 18.00 / Service 52.80 Not Found 5.00 R. ThomasrfCline Surcharge 10.00 Sheriff of Cumberland County .00 85.80 MCCABE WEISBERG CONWAY 11/28/2006 Sworn and Subscribed to before me this day of , A.D. • "H IT 11130 LARRY DEL VECCIHO PROCESS SERVER FOR MCC'ABF,, WEISBERr & CONWAY, P.C. P.O. BOX 344 CHALFONT, PA 18914 (215) 491-4469 (215) 4914473 FAX HFC/BFC ET AL VS. KATHRYN J. CULBERTSON COURT OF COMMON PLEAS : CUMBERLAND COUNTY NO. NOT YET ASSIGNED LAST KNOWN ADDRESS: 622 Charles Street, Shippensburg, PA 17257 LOAN NUMBER: 201-0719PA AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certify that on September 13, 2006, a good faith effort was made to discover the correct address of said defendant (s), by: 1. Inquiry of Postal authority; Postal authority stated the defendant has no change of address. 2. Examination of local telephone directories and 411 assistance; Kathryn Culbertson, 622 Charles St., (717) 532-8074, left messages with no response 3. Neighbor Contacts: Gordon Thomas, 626 Charles St., (717) 530-8257, adult female stated the defendant is still at property. Paul Leaphart, 620 Charles St., (717) 5324693, adult female stated she doesn't know the defendant 4. Tax Information: - Tax office has mailing address same as property, 622 Charles St. 5. Death Records: - Social Security has no death records for the defendant under her SSN. 6. Voter Registration: Registered at property, 622 Charles St. I certify that this information is true and correct to the best of my knowledge, information and belief. BY: NOTARY PUBLIC: Sworn to and described before me this Q .5v-4 day of 2006. LjN1%AUR1A L SEAL anix, Notar y Pudic p., Bucks Coktr+b sion 27, 2E1A8 Larry Del Vecchio, Process Server LARRY DEL VECCHIO PROCESS SERVER FOR MiCCABE, WEISBERG & CONWAY, P.C. P.O. BOX 344 (215) 491-4469 CHALFONT, PA. 18914 FAX (215) 491-4473 September 13, 2006 Postmaster Shippensburg, PA 17257 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Kathryn J Culbertson Address: 622 Charles Street Shippensburg, PA 17257-2120 The following information is provided in accordance with 39 CFR265.6(d) (4) (ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for McCabe, Weisberg & Conway, P.C. (Rule 400. Lb) 3. The names of all,known parties to this litigation: HFCBFC et al vs Kathryn J Culbertson 4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has been assigned: Not yet assigned 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LMGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000.00 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. P.O. Box 344 LARRY DEL VECCHIO Chalfont, PA. 18914 For McCabe, Weisberg & Conway, P.C. __t..._ FOR THE POST OF SE ONLY NO CHANGE OF ADDRESS nRnFR HIV FILE POST MARK !` ' 4 .A ... NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS: t` HSBC4D HSBC Consumer Lending (USA) Inc. 961 Weigel Drive Elmhurst, IL 60126 DEFAULT SOLUTION A DIVISION of FIDELITY NATIONAL 14FORMATON SERVICES"' 9/12/2006 To: McCabe, Weisberg, Conway P.C. 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Subject: FORX Transmittal Package for Account Number: 71330300115041 Dear: McCabe, Weisberg, Conway P.C. Please commence Foreclosure action on the above named account number. "TITLE MUST BE OBTAINED IN THE NAME OF THE FOLLOWING ENTITY: HFC or BFC Entity on Mortgage or Deed of Trust PLEASE NOTE: MERS, THE NATIONAL ELECTRONIC REGISTRY FOR TRACKING SERVICING RIGHTS AND BENEFICIAL OWNERSHIP INTEREST IN MORTGAGE LOANS, MAY BE NAMED AS A NOMINEE IN THE MORTGAGE OR DEED OF TRUST BEING REFERRED FOR FORECLOSURE. IF SO, YOU MUST ENSURE THAT TITLE IS OBTAINED IN THE NAME OF THE ABOVE - REFERENCED ENTITY. YOU WILL BE RESPONSIBLE FOR ANY INTEREST AND/OR PENALTIES, AS WELL AS ANY ADDITIONAL COSTS AND ATTORNEY FEES, INCURRED AS A RESULT OF YOUR FAILURE TO DO SO. SPECIAL INSTRUCTIONS AND ACCOUNT INFORMATION: Please forward to our attention a copy of your title report obtained for the foreclosure for our review. If any title defect exists that would affect our lien position or ability to obtain clear and marketable title by foreclosure, please explain in a cover letter. Thank You. General Account Information: Original Principal Balance: Original Mortgage Date: First Payment Due Date: Loan Maturity Date: Interest Rate: Monthly Payment: Revolving Loan: Per Diem: Borrower Information: $154,869.75 04/23/2004 05/23/2004 04/23/2034 7.69 $1,103.67 No $31.95 Borrower Name: KATHRYN CULBERTSON C? c ?? -?-? ? . --r ?`; ? ? . ? ?. ?? ?i _ -r-)F ?; e _:.._? f ?? Z C. i ? ` ? _-?; .. '= i a: ? ? ? A DEC 1$ 2006 Mj McCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification Number 28 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company V. Kathryn J. Culbertson Attorney for Plaintiff : Cumberland County : Court of Common Pleas Number 06-6277 Civil Term O R D E R AND NOW, this Zo" day of , 2006, the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure and all other subsequent pleadings that require personal service and the Notice of Sheriff's Sale upon the Defendant, Kathryn J. Culbertson, by regular mail and by certified mail, return receipt requested, and by posting at the Defendants' last-known address and the mortgaged premises known in this herein action as 622 Charles Street, Shippensburg, PA 17257. BY THE COURT: r? 1, 1 :! Hd 0?2 4-7,9 /0,ij7 i ?-,? 31 1l ,Y/ SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06277 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS CULBERTSON KATHRYN J 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 CULBERTSON KATHRYN J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 622 CHARLES STREET NOT FOUND , as to CULBERTSON KATHRYN J SHIPPENSBURG, PA 17257 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT. Sheriff's Costs: So answers- Docketing 18.00 Service 52.80 _ Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 85.80 ?' MCCABE WEISBERG CONWAY 11/28/2006 Sworn and Subscribed to before me this day of , A. D. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount Company V. Kathryn J. Culbertson Attorney for Plaintiff Cumberland County Court of Common Pleas Number 06-6277 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff S l .+ ' A McCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount Company V. Kathryn J, Culbertson Attorney for Plaintiff Cumberland County Court of Common Pleas Number 06-6277 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: Andrew L. Markowitz, 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 January 16, 2007, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Kathryn J. Culbertson, by regular mail and certified mail, return receipt requested, addressed to her last-known address of 622 Charles Street, Shippensburg, PA 17257. True and correct copies of the letter and certified receipt are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on February 1, 2007, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Kathryn J. Culbertson, by posting the same at the mortgage premises of 622 Charles Street, Shippensburg, PA 17257. True and correct copy of the Affidavit of Service indicating the same is attached hereto, made a part hereof, and marked Exhibit "B." ANDREW L. MARKOWI Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 219t DAY OF February, 2007. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chrissandra Shaye Hamilton, Notary Public City of Philadelphia Phila. County My Commission Expires January 4, 2009 BY THE COURT: S J. TRUE r,,?nY rRf M RECORD Testimr:r. set my hand WOO seG? Pa. McCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification Number 28 123 South Broad, Suite 2080 r'_h4ladelphia, Po ..= lva'..':6a. 1?109 (215) 790-1010 Household Finance Consumer Discount Company V. Kathryn J. Culbertson DEC Y $ 2(?r?? 1 Attorney for Plaintiff : Cumberland County : Court of Common Pleas Number 06-6277 Civil Term O R D E R AND NOW, this day of ?xlflbt° 2006, the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure and all other subsequent pleadings that require personal service and the Notice of Sheriff's Sale upon the Defendant, Kathryn J. Culbertson, by regular mail and by certified mail, return receipt requested, and by posting at the Defendants' last-known address and the mortgaged premises known in this herein action as 622 Charles Street, Shippensburg, PA 17257. TERRENCE J. McCABE*** MARC S. WEISBERG** EDWARD D. CONWAY MARGARET GAIRO RITA C. BUSCHER*$ MATTHEW B. WEISBERG* FRANK DUBIN MONICA G. CHRISTIE +t BRENDA L.BROGDON* BETH L. THOMAS SEAN GARRETT*+ JULIE M. FIORELLO^ SVEN E. PFAHLERT* l,:-d w PA&NJ "• I,iccna¢d in PA & NY + Liccnccd In PA & NM I,n-d in PA. NJ & NY I,?c din NY & CT ^ l..-Wd in NY Managing Atbrncc for NJ Managing Au-- for NY January 15, 2007 Kathryn J. Culbertson 622 Charles Street Shippensburg, PA 17257 Re: Household Finance Consumer Discount Co v Kathryn J Culbertson Dear Ms. Culbertson: Of Counsel: M. SUSANSHEPPARD* Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, the original of which has been filed against you in regard to the above-captioned matter. Very truly yours, Samantha Emerson TJM/se Enclosures LAW OFFICES McCABE WEISBERG & CONWAY P C SUITE 600 , , . . 216 HADDON AVENUE SUITE 2080 WESTMONT, NJ 08108 123 SOUTH BROAD STREET (856) 858-7080 PHILADELPHIA, PA 19109 FAX (856) 858-7020 (215) 790-1010 FAX (215) 790-1274 SUITE 205 53 WEST 36'" STREET NEW YORK, NY 10018 (917) 351-1188 FAX (917) 351-0363 SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7006 0810 0000 9278 7591 RETURN RECEIPT REQUESTED a CERTIFIED MAIL ..RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Q TO ?7 r-3 V. N or PO Bar Nb _j? j c Y Slete.2lP+4 7 --- -- ° -_-------•----•- CASE NO: 2006-06277 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS CULBERTSON KATHRYN J STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CULBERTSON KATHRYN J the DEFENDANT at 1520:00 HOURS, on the 1st day of February-, 2007 at 622 CHARLES STREET SHIPPENSBURG, PA 17257 by handing to POSTED PROPERTY AT 622 CHARLES STREET SHIPPENSBURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge Sworn and Subscibed to before me this So Answers: 18.00 17. 0 60 6.00 10.00 R. Thomas Kline .00 51.60 02/02/2007 MCCABE WEISBERG CONWAY By: day De ty Sheriff of A. D. ? ? O c ? ..-., ..r t 4-:ri ,.5„ ? - ? ? -ri j•? "n ? ?' ? C? N --E? 3 ?3 ?r N ` s, t~_ ? .s-_ ?_L- ? ? ? r? N SHERIFF'S RETURN - REGULAR CASE NO: 2006-06277 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS CULBERTSON KATHRYN J STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CULBERTSON KATHRYN J the DEFENDANT , at 1520:00 HOURS, on the 1st day of February , 2007 at 622 CHARLES STREET SHIPPENSBURG, PA 17257 by handing to POSTED PROPERTY AT 622 CHARLES STREET SHIPPENSBURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 17.60 Posting 6.00 Surcharge 10.00 .00 ? 51.60 -2 //,;/e ? (_? - Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/02/2007 MCCABE WEISBERG CONWAY By: ? De ty Sheriff of A. D. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company VS. Kathryn J. Culbertson Cumberland County Court of Common Pleas Number 06-6277 Civil AFFIDAVIT OF SERVICE 1, Undersigned, attorney for the Plaintiff in the within matter, hereby certify that on the 13th day of April, 2007, 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 of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 13th DAY OF APRIL. , 2007. OTAR COMMONWEALTH OF PENNSYLVANIA Notarial Seat Susan J. Markowitz, Notary Public City Of Philadelptva, Philadelphia County My Carirriission Fjores Feb. 13, 2011 Member, Pennsylvania Association of Notaries McCABE, WEISBERG N,,=COP.C. BY: lAttorneys tor Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff V. Kathryn J. Culbertson Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 06-6277 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 622 Charles Street, Shippensburg, PA 17257, a copy of the description of said property is attached hereto and marked as Exhibit "A." Name and address of Owner or Reputed Owner: Name Kathryn J. Culbertson 2. Name and address of I Name Kathryn J. Culbertson Address 622 Charles Street Shippensburg, PA 17257 )efendant in th ment: A E Ibit A 62 s reet Shippensburg, PA 17257 :.'Z 3 4 5 6 7 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 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 622 Charles Street, Shippensburg, PA 17257 Domestic Relations P.O. Box 320 Cumberland County arlisle PA If 3 r Commonwealth of Pennsylvania D 1 0 2 H 1 Commonwealth of Pennsylvania 1400 Spring Garden Street Inheritance Tax Office Philadelphia, PA 19130 ,i>=. Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. April 13, 2007 McCABE W Y ISBERG, A D CONW Y, P.C. ? Gtr C. BY. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Exhibit p McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD I). CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Ilousehold Finance Consumer Discount Company vs. Kathryn J. Culbertson Cumberland County Court of Common Pleas Number 06-6277 Civil DATE: April 13, 2007 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Kathryn J. Culbertson PROPERTY: 622 Charles Street, Shippensburg, PA 17257 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 13, 2007, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT "6" 3 W 4 00 r? - ? ?N?z 0o J °? In A W N ? w r R NS w .. ? 6 _ ` a -o C ? ? ar 0. E :nrlo cn _, w C C Q N ?-. fJ `? ^ ? O C Y Ap O ? _ _ IJ 7 .r Z - ? co - O o DZpf wpb (o c ?o 0 n? 1? 0 x???-lp w co ro° ? xp?? wc? Sic o ° d -? C ? Ao Er s 8. dOC? w ° o ? C? Onc7 Oc ° w0' --1 Nz ?oo0On - o ^ ^ o' n -3 w?iw9 Z'in gym ?,, .+wCw ?. oo? wQ7 <(??' F n?io3 Q rn'7'o .Cg ? q 0.Vf _. ?, ? v, 07? _ 33 "bJ-n w ?co o, ^ 3^.o g w ???7c 0 ?n fDw?? yN w? c° "?? , O?cco cu ?ro70 ? r? p 0 w`? o y ».? n ?n Qo "':;F n _'D Ot Q°oo ,ryW A . ?F o -?S IQ (IQNC< ?`w7 D O ro _ NC _o o m y? y -n w ??u c n `?oc? C roo O ov c y° Wt roat m S I- <'? D N w -lw s ro?o w D -" =- C , o ^ «o cn n i 5 -0 v n yr'oin Dom no .o C? y a9 ms' O o c lac D a0o ? J c o ° ° ro? D? o tv N C n n ?' ry r' ?y s O ( O tin ^ N ?..1 ? . -'..? `D •+ C ry O ?.'^9 ?''? v ?' J z °. ` vi 00 tL C ? O 4 ,. < a C n' I Vl _ po °'' _, GO n w c W U ?,, -? -. c v? N .?, "? ?) I7 C G fo n ?n .p ry N . C" X? ? ?O N N? ..J n F A rv r ?: ? fG N . -r f] ? = n F N? fG w w ti w o 20 Jp 3 - - C c H n - ? ? ? 1? ? C EYE ? \) ? Y N ? 60 46 l 3000dlZ W e?-_ --__° - 083 Q311VVY 3 L 0 4 Z £ L a dV OLLS09 = b000 000-ZO $ ?G zo 53""O8 A3Nlid 3 '•-ESz 7 3 n rn'Mo 2 8 4-1 r: ?m N .fi" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Household Fin C D C is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 9th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6277, at the suit of Household C D C against Kathryn J Culbertson is duly recorded in Deed Book No. 281, Page 149. IN TESTIMONY WHEREOF, I have reunto set my hand an d .7f said office this day of A.D. o? 0-0 '70C?b= "1*'FMW' *a* of ja XV Household Finance Consumer Discount Company In the Court of Common Pleas of VS Cumberland County, Pennsylvania Kathryn J. Culbertson Writ No. 2006-6277 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2007 at 1950 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Kathryn J. Culbertson, by making known unto Kathryn Culbertson, personally, at 622 Charles Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2007 at 1325 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 Kathryn J. Culbertson, located at 622 Charles Street, Shippensburg, 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: Kathryn J. Culbertson, by regular mail to her last known address of 622 Charles Street, Shippensburg, PA 17257. This letter was mailed under the date of April 5, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Margaret Gairo, on behalf of Household Finance Consumer Discount Company. It being the highest bid and best price received for the same, Household Finance Consumer Discount Company of 961 Weigle Drive, Elmhurst, IL 60126, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $902.12. Sheriffs Costs: Docketing $30.00 Poundage 17.69 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 38.40 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 255.86 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 902.12 y- 8]6P1o-7 So Answ s: a R. Thomas Kline, Sheriff BY Real Estat Sergeant I<? ?g3g3 14 G"OV McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff V. Kathryn J. Culbertson Defendant COURT OF COMMON PLEAS Cumberland COUNTY Number 06-6277 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 622 Charles Street, Shippensburg, PA 17257, 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 Kathryn J. Culbertson Address 622 Charles Street Shippensburg, PA 17257 2. Name and address of Defendant in the judgment: Name Kathryn J. Culbertson Address 622 Charles Street Shippensburg, PA 17257 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 Address 622 Charles Street, Shippensburg, PA 17257 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. March 7, 2007 MCC , WEISBERG, AND CONWAY, P.C. BY: Attorneys for aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company VS. Kathryn J. Culbertson Cumberland County Court of Common Pleas Number 06-6277 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathryn J. Culbertson 622 Charles Street Shippensburg, PA 17257 Your house (real estate) at 622 Charles Street, Shippensburg, PA 17257 (Tax Parcel #32- 34-2413-221), is scheduled to be sold at Sheriffs Sale on June 13, 2007 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $170,501.73 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Household Finance Consumer Discount Company, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway 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. 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 If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway at (215) 790-1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 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 McCabe, Weisberg and Conway 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 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 LEGAL DESCRIPTION ALL THE FOLLOWING described real estate lying and being situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly described as follows: BEING Lots it and 12, Block D, on plan of Hallwood Heights, recorded in the Office of the Recorder of Deeds in Plan Book No. 3, numbered and known as 622 Charles Street in said Borough. TAX MAP PARCEL NUMBER: 32-34-2413-221 BEING KNOWN AS 622 Charles Street, Shippensburg, PA 17257 Being the same premises which Bradford C. Wright and Marilyn J. Wright, by deed dated the 8/19/1991, and recorded 8/22/1991 in the Office of the Recorder in and for Cumberland County in Deed Book 35-G, Page 1003, granted and conveyed to Kathryn J. Culbertson, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6277 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From KATHRYN J. CULBERTSON (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 $170,501.73 L.L. $.50 Interest FROM 3/8/07 - 6/13/07 $2,746.94 AT $28.03 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $219.40 Other Costs Plaintiff Paid Date: MARCH 9, 2007 (Seal) Curts R. Long, Pr tary By: Deputy REQUESTING PARTY: Name MARGARET GAIRO, ESQUIRE Address: MCCABE WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 Real Estate Sale # 87 On March 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, PA Known and numbered as 622 Charles Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2007 By- Q C&kj-so? Real Estate Sergeant 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#87 z v Sworn to and subscribed before me this 18th day of May 2007 A.D. Nutadal Seal Terry L Russell, Notary Public City Of Harrisburg, Dauphin County AAy Commission Expires June 6,2010 e Pennsylvania Association of Notaries 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: April 20, 27, May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Covne.tditor WORN TO AND SUBSCRIBED before me this 4 day of May, 2007 _ NOTARIAL. SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March a, 2009 REAL ESTATE BALE NO. 87 Writ No. 2006-6277 Civil Household Finance Consumer Discount Company VS. Kathryn J. Culbertson Atty.: Terrence McCabe LEGAL DESCRIPTION ALL THE FOLLOWING de- scribed real estate lying and being situate in the Borough of Shippens- burg, Cumberland County, Pennsyl- vania, more particularly described as follows: BEING Lots 11 and 12, Block D, on plan of Hallwood Heights, re- corded in the Office of the Recorder of Deeds in Plan Book No. 3, num- bered and known as 622 Charles Street in said Borough. TAX MAP PARCEL NUMBER 32- 34-2413-221. BEING KNOWN AS 622 Charles Street, Shippensburg, PA 17257. Being the same premises which Bradford C. Wright and Marilyn J. Wright, by deed dated the 8/19/ 1991, and recorded 8/22/1991 in the Office of the Recorder in and for Cumberland County in Deed Book 35-G, Page 1003, granted and conveyed to Kathryn J. Culbertson, in fee.