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Home My WebLink About06-6330McCABE, 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 V. Kenneth L. Brooker, Jr. 100 N. 2nd Street Wormleysburg, PA 17043 and Margaret C. Brooker 100 N. 2nd Street Wormleysburg, PA 17043 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number &L _, j! 3,36 CIVIL ACTIONIMORTGAGE FORECLOSURE NOTICE AVISO 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 del enses 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 (2t.0c. -F t ft-e7l Le han demandado a usted en la cort. 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 notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cort tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la cort puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DE13E TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 V. Kenneth L. Brooker, Jr. 100 N. 2nd Street Wormleysburg, PA 17043 and Attorneys for Plaintiff Cumberland County Court of Common Pleas Number Margaret C. Brooker 100 N. 2nd Street Wormleysburg, PA 17043 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. 2. The Defendant is Kenneth L. Brooker, Jr., who is one of the mortgagors and the real owner of the mortgaged property hereinafter described, and his last-known address is 100 N. 2nd Street, Wormleysburg, PA 17043. 3. The Defendant is Margaret C. Brooker, who is one of the mortgagors of the mortgaged property hereinafter described, and her last-known address is 100 N. 2nd Street, Wormleysburg, PA 17043. 4. On 06/17/1999, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1551, Page 625. 5. The premises subject to said mortgage is described in the legal desorption attached as Exhibit "A" and is known as 100 N. 2nd Street, Wormleysburg, PA 17043. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/22/2006 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. 7 8 The following amounts are due on the mortgage: Principal Balance Interest through 09/18/2006 (Plus $ 24.98 per diem thereafter) Attorney's Fee Cost of Suit Appraisal Fee Title Search $ 70,152.48 $ 6,823.24 $ 3,507.62 $ 225.00 $ 125.00 $ 200.00 GRAND TOTAL $ 81,033.34 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff s Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $81,033.34, together with interest at the rate of $24.98 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. WEISBERG AWC- QXWAY, P.C. BY: TERRENCE J. McCABE, ESQU MARC S. WEISBERG, ESQUI EDWARD D. CONWAY, ESQU 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 unworn falsification to authorities. McCABE, WY49BERG & CONWAY, P.C. By: TERRENCE J. MARC S. WEISBERG, fl? EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE (Legal Description) ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania more particularly described as follows: BEGINNING at a point on the west side of Second Street twenty-five (25) feet above the upper corner of Chestnut Street; THENCE westward along line of Lot No. 61, one hundred and fifty (150) feet to Hill Alley, twenty- five (25) feet to the upper side of Chestnut Street; THENCE eastwardly along said Chestnut Street, one hundred and fifty (150) feet to Second Street, twenty-five (25) feet to the place of BEGINNING. BEING Lot No. 60 on the Plan of Edgewater, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "L", Volume 4, page 1. HAVING THEREON ERECTED the half of a two and one-half story double frame dwelling house which has the address of 100 North Second Street, Wormleysburg, Pennsylvania. PARCEL NO. 47-20-1858-012 BEING THE SAME PREMISES which Kenneth L. Brooker, Jr. and Margaret C. Brooker, by Indenture dated 09-12-03 and recorded 09-15-03 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 259 Page 1360, granted and conveyed unto Kenneth L. Brooker, Jr. Exhibit A ? d CJ ;7ti? G C:3 _ - i IIG McCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification Number 28009 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Kenneth L. Brooker, Jr. and Margaret C. Brooker Attorney for Plaintiff : Cumberland County : Court of Common Pleas Number 06-6330 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, Margaret C. Brooker, at the Defendants' last-known address of 100 North 2nd Street, Wormleysburg, PA 17043. 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, Margaret C. Brooker, from the address of 100 N. 2nd Street, Wormleysburg, PA 17043. (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, Margaret Brooker at 100 N. 2nd Street, Wormleysburg, PA 17043 at with a telephone number of 717-213-0420, messages were left with no response. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 4. Plaintiff has made inquiry with Ha Dinh Nguyen of 102 N. 2nd St. an adult male stated that he 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 100 North 2nd Street, Wormleysburg, PA 17043. (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, Margaret C. Brooker. (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, Margaret C. Brooker is registered to vote at the address of 100 North 2nd Steet, Wormleysburg, PA 17043. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 8. If service cannot be made on the Defendant, Margaret C. Brooker, 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, Margaret C. Brooker, 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 100 North 2nd Street, Wormleysburg, PA 17043. ANDREW L. MARKOWITZ Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification Number 28009 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Kenneth L. Brooker, Jr. and Margaret C. Brooker Attorney for Plaintiff : Cumberland County : Court of Common Pleas Number 06-6330 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.,,>1ARKOWITZ Attorney for Plainti McCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification Number 28009 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Kenneth L. Brooker, Jr. and Margaret C. Brooker Attorney for Plaintiff : Cumberland County : Court of Common Pleas Number 06-6330 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 Defendant by Regular Mail, Certified Mail, and Posting Pursuant to Pa.R.C.P. 430, by United States Mail, first class, postage prepaid, on the 28th day of November, 2006, upon the following: Margaret C. Brooker 100 North 2nd Street Wormleysburg, PA 17043 ANDREW L. MARKOWITZ Attorney for Plaintiff LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE*** MARC S. WEISBERG** SUITE 2080 EDWARD D. CONWAY 123 SOUTH BROAD STREET MARGARET GAIRO PHILADELPHIA, PA 19109 RITA C. BUSCHER*$ (215) 790-1010 MONICA G. CHRISTIE + FAX (215) 790-1274 ANDREW L. MARKOWITZ FRANK DUBIN BRENDA L. BROGDON* BONNIE DAHL* SCOTTTAGGART* ANGELA M. MICHAEL>> MATTHEW DITRAPANI" CARLA FARALDW • Licenaed in PA A NJ •• Licensed in PA R NY •+ Licenoed in PA & NM » Licenced in PA R WA '•' Licensed in PA. NJ R NY t Licensed in NY R CT ^ Licensed in NY t Managing Attorney for NJ + Managing Attorney for NY November 28, 2006 Margaret C. Brooker 100 North 2"d Street Wormleysburg, PA 17043 Re: Beneficial CDC, et. al. v. Brooker Cumberland County; C. C. P.; Number 06-6330 Dear Ms. Brooker: SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 (856)858-7080 FAX (856) 858-7020 SUITE 205 53 WEST 36.. STREET NEW YORK, NY 10018 (917) 351-1188 FAX (917) 351-0363 Of Counsel JOSEPH F. RIGA* LISA L. WALLACEt 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, j wvrf at?z? L Kasey APatton 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. MARKOWITZ, ES IRE Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06330 P It COMMONTWEALTH OF PENNSYLVANIA EXI 11 !tA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS BROOKER KENNETH L JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BROOKER MARGARET C but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BROOKER MARGARET C 100 N 2ND STREET WORMLEYSBURG, PA 17043 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. BELIEVED TO BE IN FLORIDA. Sheriff's Costs: So answe Docketing 6.00 Service .00 Not Found 5.00 R. Thoma Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 MCCABE WEISBERG CONWAY 11/13/2006 Sworn and Subscribed to before me this day of A. D. LARRY DEL VECCHIO PROCESS SERVER FOR MCCABE, WEISBERG & CONWAY, P.C. P.O. BOX 344 CHALFONT, PA 18914 (215) 491-4469 (215) 4914473 FAX EXH181T IjB° HFC/BFC ET AL COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. KEN L. BROOKER NO. NOT YET ASSIGNED MARGARET BROOKER LAST KNOWN ADDRESS: 100 N. 2nd Street, Wormleysburg, PA 17043 LOAN NUMBER 201-0736PA AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certify that on September 19, 2006, a good faith effort was made to discover the correct address of said defendant (s), by: 1. Inquiry of Postal authority; Postal authority states defendants are good as addressed at property, 1 OD N. 2nd St. 2. Examination of local telephone directories and 411 assistance; Margaret Brooker, 100 N. 2nd St., (717) 213-0420, left messages with no response 3. Neighbor Contacts: - Ha Dinh Nguyen, 102 N. 2nd St., (717) 761-7115, adult male stated he doesn't know the defendants 4. Tax Information: - Tax office has mailing address same as property, 100 N. 2nd St. 5. Death Records: - Social Security has no death records for the defendants under their SSN's or names 6. Voter Registration: Margaret was registered at property, but has been canceled. Ken isn't registered I certify that this information is true and correct to the best of my knowledge, information and belief. NOTARY PUBLIC: Sworn to and described before me this 3rid' day of 2006. NCTAIAL E Donna E. skwb, NoWy Public YAM* lwp.. 0uolta Couallr Cotmtwsior? 271 BY: Larry Del Vecchio, Process Server LARRY DEL VECCMO PROCESS SERVER FOR P.O. BOX 344 CHALFONT, PA. 18914 MCCABE, WEISBERG & CONWAY, P.C. September 19, 2006 Postmaster Wormleysburg, PA 17043 (215) 491-4469 FAX (215) 491-4473 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: Ken L Brooker Address: 100 N 2nd Street Wormleysburg, PA 17043-1309 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 Ken L and Margaret Brooker 4. The court in which the case has been or will be heard: Cumberland County, PA, 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 LITIGATION 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. ---21- P.O. Box 344 LARRY DEL VECCHIO Chalfont, PA. 18914 For McCabe, Weisberg & Conway, P.C. FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS: POST MARK G??I At AC1J?: s U i \ t? _ N _ r LARRY DEL VECCHIO PROCESS SERVER FOR P.O. BOX 344 CHALFONT, PA. 18914 MCCABE, WEISBERG & CONWAY, P.C. September 19, 2006 Postmaster Wormleysburg, PA 17043 (215) 491-4469 FAX (215) 491-4473 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Pl.,are furnish the new address or the name and street address (if a boxholder) for the following: Name: Margaret Brooker Address: 100 N 2nd Street Wormleysburg, PA 17043-1309 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: HFC/BFC et al vs Ken L and Margaret Brooker 4. The court in which the case has been or will be heard: Cumberland County, PA, 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 LITIGATION 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 (TTTLE 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. FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS: POST N E, p? J U d ?- 1L (-?? 6, J)p S6 q \? DEFAULT SOLUTIONS A DF, IS:J!N ':ff FIOELI'Y NATIOI AL NFORUArION SERVIGES" 9/18/2006 To: McCabe, Weisberg, Conway P.C. 123 South Broad Street Suite 2080 Philadelphia, PA 19109 HSBC<D HSBC Consumer Lending (USA) Inc. 961 Weigel Drive Elmhurst, IL 60126 Subject: FORX Transmittal Package for Account Number: 71171400512637 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. SPECIAI. 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: Borrower Name: $73,646.92 06/22/1999 07/22/1999 06/22/2029 13.00 $864.32 No $24.98 KEN BROOKER ' C-n } c. ? DEC 0 6 zoos ?'? MCCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification Number 28009 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Kenneth L. Brooker, Jr and Margaret C. Brooker AND NOW, this Attorney for Plaintiff : Cumberland County : Court of Common Pleas Number 06-6330 O R D E R 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, Margaret C. Brooker, 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 100 North 2nd Street, Wormleysburg, PA 17043. BY THE COURT: -,/G A414, J. ?a G? . - - ___w MCCABE, WEISBERG AND CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification Number 28009 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount : Cumberland County Company d/b/a Beneficial : Court of Common Pleas Mortgage Company of Pennsylvania V. Kenneth L. Brooker, Jr. and Number 06-6330 Margaret C. Brooker PRAECIPE.,,TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. ANDREW L, RKOW Z, ESQUIRE Attorney for Plaintiff `i? ? 3 C. ? ? -TI SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06330 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS BROOKER KENNETH L JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Her in his bailiwick COMPLAINT - MORT FORE , U L_ CL 1__1) He therefore returns the , NOT FOUND , as to the within named DEFENDANT , BROOKER MARGARET C 100 N 2ND STREET WORMLEYSBURG, PA 17043 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. BELIEVED TO BE IN FLORIDA. ... Sheriff's Costs: So answe Docketing 6.00 -'? Service .00 l Not Found 5.00 R. Thoma Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 MCCABE WEISBERG CONWAY 11/13/2006 Sworn and Subscribed to before me this day of A. D. CASE NO: 2006-06330 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS BROOKER KENNETH L JR ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BROOKER KENNETH L JR the DEFENDANT , at 2017:00 HOURS, on the 8th day of November , 2006 at 100 N 2ND STREET WORMLEYSBURG, PA 17043 KENNETH L BROOKER JR by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.08 Affidavit .00 Surcharge 10.00 R. Thomas Kline nn 42.08,/ 11/13/2006 . i Zj06)0 4 MCCABE WEI SBERG CONWAY Sworn and Subscibed to By: before me this day Deputy Sh6rlff of A. D. MCCABE, WEISBERG AND CONWAY, P.C. BY: Terrence J. McCabe, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorney for Plaintiff Cumberland County Court of Common Pleas V. Kenneth L. Brooker, Jr. and Margaret C. Brooker Number 06-6330 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF Cumberland: Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on December 18, 2006, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Margaret C. Brooker, by regular mail and certified mail, return receipt requested, addressed to her last-known address of 100 N. 2nd Street, Wormleysburg, PA 17043. A true and correct copy of the letter and certified receipt are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on December 28, 2006, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Margaret C. Brooker, by posting the same at the mortgage premises of 100 N. 2nd Street, Wormleysburg, PA 17043. True and correct copy of the Affidavit of Service indicating the same is attached hereto, made a part hereof, and marked Exhibit "B." Terrence J. McCabe, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 22nd DAY OF January, 2007. V1 C S,SA/yt ? ?( OTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chrissandra Shaye Hamilton, Notary Public City of Philadelphia, Phila. County My Commission Expires January 4, 2009 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Kenneth L. Brooker, Jr. Margaret C. Brooker Cumberland County Court of Common Pleas Number 06-6330 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 $81,033.34 Interest from 9/19/2006 - 1/31/2007 $ 3.372.30 TOTAL $84,405.64 MCCAB , WEISBERG ANID CQWAY, P.C. BY: i ? ?t-. Attorneys for PYaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, this "ay of?j 2007, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania and against Defendant(s) Kenneth L. Brooker, Jr. and Margaret C. Brooker and damages are assessed in the amount of $84,405.64, 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Kenneth L. Brooker, Jr. Margaret C. Brooker Cumberland County Court of Common Pleas Number 06-6330 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), Kenneth L. Brooker, Jr. and Margaret C. Brooker, is over eighteen (18) years of age, and resides at 100 N. 2nd Street, Wormleysburg, PA 17043. McC E, WEISBERG D CONWAY, P.C. BY: t G -11e? 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 31 st DAY OF Jan, 2007. OTARY PUBLIC CLOrl.1 [? ?u 'sc City of F h+'. F; ,,,a. C,c-:.:.;. COMMISsicn Exr:r1;s June 2, x007 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 JAN-18-2007 09:06:52 '< Last Name First/Middle Begin Date Active Duty Status Service/Agency BROOKER Kenneth 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. 01 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 [50 USCS Appx. #167;#167; 501 et seq] (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://www.defenseIink.mil/faq/pis/PCO9SLDR.htmI WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BNHZYHRKPUH httnc•//www dmde...osci.mil/scra/owa/scra.vrc Select 1/18/2007 Request for Military Status Department of Defense Manpower Data Center IV Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 JAN-18-2007 09:07:31 '< Last Name First/Middle Begin Date Active Duty Status Service/Agency BROOKER Margaret 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. 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 [50 USCS Appx. #167;#167; 501 et seq] (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://www.defenselink.mil/fag/pis/PC09SLDR.htmi WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BNIAEMAUPTH httnc•//www dmde-nsd.mil/scra/owa/scra.i)rc Select 1/18/2007 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Kenneth L. Brooker, Jr. Margaret C. Brooker Cumberland County Court of Common Pleas Number 06-6330 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 31 st DAY OF Jan, 2007. Nk)TARY PUBLIC McCABE, WEISBERG AND CONWAY, P.C. BY: Attorneys for aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE City 01 Ph'lada!phia' , PhijL . (;'0L" 1',y ray Commissio!1 Ex ire , ,?,?ne ' 007 VERIFICATION The undersigned, /yh ,0?± Lc 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 unswom falsification to authorities. McC E, WEISBERG D,CONWAY, P.C. BY: Attorneys fo laintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary January 18, 2007 To: Margaret C. Brooker 100 N. 2nd Street Wormleysburg, PA 17043 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas VS. Kenneth L. Brooker, Jr. and Margaret C. Brooker Number 06-6330 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 FOR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA CENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBE?G, 1 BY: l I Attorneys for Plaintiff TERRENCE J. McCABE, ESQ I MARC S. WEISBERG, ESQUIR EDWARD D. CONWAY, ESQUIRE FRANK DUBIN, ESQUIRE BONNIE DAHL, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE AY, P.C. TJM/se OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary January 18, 2007 To: Kenneth L. Brooker, Jr. 100 N. 2nd Street Wormleysburg, PA 17043 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas VS. Kenneth L. Brooker, Jr. and Margaret C. Brooker Number 06-6330 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TOOR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACC10N DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGLIN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108',. McCABE, CONWAY, P.C. f BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQ IRE MARC S. WEISBERG, ESQUI E EDWARD D. CONWAY, ESQ RE FRANK DUBIN, ESQUIRE BONNIE DAHL, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE TJM/se b °O ? r ?` ga 40. O g ?J b ? r i ?p OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Kenneth L. Brooker, Jr. 100 N. 2nd Street Wormleysburg, PA 17043 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Kenneth L. Brooker, Jr. Margaret C. Brooker Cumberland County Court of Common Pleas Number 06-6330 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis Ong Prothonotary on a`4,/&7 Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conway. P.C. at 2152790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Margaret C. Brooker 100 N. 2nd Street Wormleysburg, PA 17043 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Kenneth L. Brooker, Jr. Margaret C. Brooker Cumberland County Court of Common Pleas Number 06-6330 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. ong Prothonotary ,21`107 Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession 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 PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. Kenneth L. Brooker, Jr. Margaret C. Brooker FILE NO.: 06-6330 Civil Term AMOUNT DUE: $84,405.64 INTEREST: from 2/1/2007 - 6/13/2007 $1.844.71 at $13.87 Per Diem ATTY' S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 100 N. 2nd Street Wormleysburg PA 17043 (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. 4-4 1 DATE: 3 p Signature: ?4,t-f_ Print Name: MCCABE, WEI ERG AND CONWAY Address: 123 S. Broad Street. Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. °p b \1J_ V ?'bQ .? Cn U Qr S? t t _ ._ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6330 CIVIL TERM COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA Plaintiff (s) From KENNETH L BROOKER JR MARGARET C BROOKER (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 $84,405.64 L.L.$0.50 Interest FROM 2/1/2007-6/13/2007 $1,844.71 AT $13.87 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $193.55 Other Costs Plaintiff Paid Date: FEBRUARY 6, 2007 C is R. Long, r thonota (Seal) By: Deputy REQUESTING PARTY: Name MARGARET GAIRO ESQUIRE Address: 123 SOUTH BROAD STREET SUITE 2080 PHILADELHIA, PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 34419 w 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Kenneth L. Brooker, Jr. and Margaret C. Brooker Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 06-6330 AFFIDAVIT PURSUANT TO RULE 3129 I, ? A ,-e4- 6,1 t r-t, , Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 100 N. 2nd Street, Wormleysburg, PA 17043 (Tax Parcel 47-20-1858-012), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Kenneth L. Brooker, Jr. Margaret C. Brooker Address 100 N. 2nd Street Wormleysburg, PA 17043 100 N. 2nd Street Wormleysburg, PA 17043 2. Name and address of Defendants in the judgment: Name Address Kenneth L. Brooker, Jr. 100 N. 2nd Street Wormleysburg, PA 17043 Margaret C. Brooker 100 N. 2nd Street Wormleysburg, PA 17043 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 100 N. 2nd Street, Wormleysburg, PA 17043 Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 31, 2007 MCC E, WEISBERG, AN?P CONWAY, P.C. BY: _f'itAe- Attorneys -for PVintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ra 0 GIN -? i _ s 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Kenneth L. Brooker, Jr. Margaret C. Brooker Cumberland County Court of Common Pleas Number 06-6330 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kenneth L. Brooker, Jr. Margaret C. Brooker 100 N. 2nd Street Wormleysburg, PA 17043 Your house (real estate) at 100 N. 2nd Street, Wormleysburg, PA 17043 (Tax Parcel #47- 20-1858-012), 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 $84,405.64 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C. 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.) r 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, P.C. 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, P.C. 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 ?? { ? L?7 ? i ?? -- ?? ?? : -•• (-_'? ?? ??,e '._., _ 4 -y „„ ? ? ?.S l= ` ' y _._ .`. ? .- -..5 .. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06330 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS BROOKER KENNETH L JR ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff Cumberland County,Pennsylvania, who being duly sworn accor says, the within COMPLAINT - MORT FORE was served upo BROOKER MARGARET C DEFENDANT , at 1725:00 HOURS, on the 28th day of De at 100 N 2ND STREET WORMLEYSBURG, PA 17043 by handing to POSTED PROPERTY AT 100 NORTH 2ND STREET WORMLEYSBURG ng to law, the r , 2006 a true and attested copy of COMPLAINT - MORT FORE tog*#her with and at the same time directing Her attention to the conte$fs thereof Sheriff's Costs: Docketing 18.00 Service 14.08 Posting 6.00 Surcharge 10.00 Postage .39 48.47 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/02/2007 MCCABE WEISB CONWAY By: ??.. , A Deputy A. D. ri ?I 1«« McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Kenneth L. Brooker, Jr. Margaret C. Brooker Cumberland County Court of Common Pleas Number 06-6330 AFFIDAVIT OF SERVICE I, 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 Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 13th DAY OF APRIL, 2007. Y Notarial Seal Susan J. Markowitz, Notary Public City Of Philadelphia, Philadelphia County My Corrunission E)OrQs Feb. 13, 2011 Member, Pennsylvania Association of Notaries McCABE, WEISBERG ANj) ON AY, P.C. BY: -V1 cc-N C Attorneys for 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Plaintiff V. Number 06-6330 Kenneth L. Brooker, Jr. and Margaret C. Brooker Defendants AFFIDAVIT PURSUANT TO RULE 3129 I, Undersigned, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 100 N. 2nd Street, Wormleysburg, PA 17043 (Tax Parcel 47-20-1858-012), a copy of the description of said property is attached hereto and marked as Exhibit "A." Name and address of Owners or Reputed Owners: Name Address Kenneth L. Brooker, Jr. 100 N. 2nd Street Wormleysburg, PA 17043 Margaret C. Brooker 100 N. 2nd Street * orm ysbui, A 1 i 2. Name and address of Defend is in t u m ' bt A 3 4 5 6 Name Kenneth L. Brooker, Jr Margaret C. Brooker Address 100 N. 2nd Street Wormleysburg, PA 17043 100 N. 2nd Street Wormleysburg, PA 17043 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants Eihibit ILV Domestic Re lations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 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, WEISBERGND CONWAY, P.C. BY: / ,/,1? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Exhibit A 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. Kenneth L. Brooker, Jr. Margaret C. Brooker Cumberland County Court of Common Pleas Number 06-6330 DATE: April 13, 2007 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Kenneth L. Brooker, Jr. and Margaret C. Brooker PROPERTY: 100 N. 2nd Street, Wormleysburg, PA 17043 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. EXH181'r- 'B" r ^' 00 to ?. ?t ? ? .V ? NU p. (ntf4 fD ??.? p W 6y M ap .r+ O f p.ln rv O o i ? N v o 00 C a G Fo <Z c.? .? y C, C, rn?'tRn ?.P?-o ? ?v ? - 3 ? xro???r' ss? o oc? 3 y a`T? -Zy a.„.1 N ?7?n.a r_ry ° ??? r ° w ??.m , „! 3 o Q x a rc VI. o -Swrp< o?y, oen ??o?-o roEa oWa Q > v, p I-j --co a'? •e _ ° o a '?? ?? k rta Na 9Na,? -- R a. - -' n Y G O ?• W y, n '? G. tc qo r/: ?0 N y44 ,-.j ` bC`i O ?= ° (? Ira r N nor 'aN T'' (Ja m?`3 ?_.» ?''N r?^. j'n .,1 per. ,bry y ? V: =? R ? v. y ? ? .C- T. -? "J 7t. '+ d " .y [1 X 1 Y "J ^' O C ? . .. ?y fD cia Cn c io w ."p rt G !D "O r» Cf+OO "? y N ! '?', i" O ?i p K w ?o ?w o_vF D cs r__ _ ?' - G r ,rAAA tj 7, ?' cam.,: '+.? .C' •[: =' ? ;?. V7 ;; ?, ;/)p ? .. O?. % ,. ? ? n N ' r N ?. n s T S d a 6 G on N 3 ^ ? W y O ? G ? 7 ro 7 rf o o UNlTQ {7 O c r, ?U7 C) 'TI UI P- J 41 N C) ?0 m tD N t? P (O It V k__ ' ?.? ?' ?' , ? ? ? ?` ` ? ?j ?? 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 Beneficial C D C dba Beneficial Mtjz Co of Pa 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 6th day of Feb, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6330, at the suit of Beneficial C D C dba Beneficial mtg Co of Pa against Kenneth LBrooker Jr & Mares is duly recorded in Deed Book No. 281, Page 153. IN TESTIMONY WHEREOF, I have herepnto set my hand and seal of said office this / l day of A.D. ?UO of Deeds E*iwwe FWMW4AydJwL=0 Beneficial Consumer Discount Company d/b/a In the Court of Common Pleas of Beneficial Mortgage Company of Pennsylvania Cumberland County, Pennsylvania VS Writ No. 2006-6330 Civil Term Kenneth L. Brooker, Jr. and Margaret C. Brooker Cpl. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1818 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: Kenneth L. Brooker, Jr., by making known unto Kenneth Brooker, Jr., personally, at 100 N. 2nd Street, Wormleysburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2007 at 1615 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: Margaret C. Brooker, by posting the premises located at 100 N. 2nd Street, Wormleysburg, Cumberland County, Pennsylvania, pursuant to order of court, with the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1000 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 Kenneth L. Brooker, Jr. and Margaret C. Brooker, located at 100 N. 2nd Street, Wormleysburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Kenneth L. Brooker, Jr. and Margaret C. Brooker, by regular mail to their last known address of 100 N. 2nd Street, Wormleysburg, PA 17043. These letters were mailed under the date of April 3, 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania. It being the highest bid and best price received for the same, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania, of 961 Weigle Drive, Elmhurst, Z L 60126, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,005.39. Sheriffs Costs: Docketing $30.00 Poundage 19.72 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 46.08 Levy 15.00 Surcharge 30.00 Law Journal 359.00 Patriot News 329.42 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1005.39 f I ?rl?? (q, So Answers: ' R. Thomas Kline, Sheriff i BY.-jON Real Estat Sergeant GA)?,- kvk (21p. 5 9:3 9te jr 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff V. Kenneth L. Brooker, Jr. and Margaret C. Brooker Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 06-6330 AFFIDAVIT PURSUANT TO RULE 3129 I, r rrb , Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 100 N. 2nd Street, Wormleysburg, PA 17043 (Tax Parcel 47-20-1858-012), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Kenneth L. Brooker, Jr. Margaret C. Brooker Address 100 N. 2nd Street Wormleysburg, PA 17043 100 N. 2nd Street Wormleysburg, PA 17043 AP 2. Name and address of Defendants in the judgment: Name Address Kenneth L. Brooker, Jr. 100 N. 2nd Street Wormleysburg, PA 17043 Margaret C. Brooker 100 N. 2nd Street Wormleysburg, PA 17043 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 100 N. 2nd Street, Wormleysburg, PA 17043 M Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 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 unworn falsification to authorities. JgpgM 31, 2007 McC E, WEISBERG, AND. CONWAY, P.C. BY: ? ' ?. Attorneys for P intiff 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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Kenneth L. Brooker, Jr. Margaret C. Brooker Cumberland County Court of Common Pleas Number 06-6330 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kenneth L. Brooker, Jr. Margaret C. Brooker 100 N. 2nd Street Wormleysburg, PA 17043 Your house (real estate) at 100 N. 2nd Street, Wormleysburg, PA 17043 (Tax Parcel #47- 20-1858-012), 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 $84,405.64 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) • YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C. 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, P.C. 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania more particularly described as follows: BEGINNING at a point on the west side of Second Street twenty-five (25) feet above the upper corner of Chestnut Street; THENCE westward along line of Lot No. 61, one hundred and fifty (150) feet to Hill Alley, twenty-five (25) feet to the upper side of Chestnut Street; THENCE eastwardly along said Chestnut Street, one hundred and fifty (150) feet to Second Street, twenty-five (25) feet to the place of BEGINNING. BEING Lot No. 60 on the Plan of Edgewater, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "L", Volume 4, page 1. HAVING THEREON ERECTED the half of a two and one-half story double frame dwelling house which has the address of 100 North Second Street, Wormleysburg, Pennsylvania. PARCEL NO. 47-20-1858-012 BEING KNOWN AS 100 N. 2nd Street, Wormleysburg, PA 17043 Being the same premises which Kenneth L. Booker, Jr. and Margaret C. Brooker, by deed dated the 9/12/2003, and recorded 9/15/2003 in the Office of the Recorder in and for Cumberland County in Deed Book 259, Page 1360, granted and conveyed to Kenneth L. Brooker, Jr. and Margaret C. Brooker, in fee. TAX MAP PARCEL NUMBER: 47-20-1858-012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6330 CIVIL TERM COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA Plaintiff (s)" From KENNETH L BROOKER JR MARGARET C BROOKER (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 $84,405.64 L.L.$0.50 Interest FROM 2/1/2007-6/13/2007 $1,844.71 AT $13.87 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $193.55 Other Costs Plaintiff Paid Date: FEBRUARY 6, 2007 Cdft'is R. Lon t onota (Seal) By: Deputy REQUESTING PARTY: Name MARGARET GAIRO ESQUIRE Address: 123 SOUTH BROAD STREET SUITE 2080 PHILADELHIA, PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court ID No. 34419 APIA 410 C*P ?f E Real Estate Sale # 61 On March 8, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 100 N 2nd Street, Wormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 8, 2007 By: Real Estate Sergeant Z Z .` d S 1 914 LOR i 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#61 Sworn to and subscribed before me this 18th day of May 2007 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal+-_ Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County Commiss' Expires June 6, 2010 Me er, Penn Iv nia ;',ssociation of Notaries • /2_/ Y1171 NOT RY 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 ,tatements as to time, place and character of publication are true. L' a arie Coyne, E or SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 REAL ESTATE SALE NO. 61 Writ No. 2006-6330 Civil Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Kenneth L. Brooker, Jr. and Margaret C. Brooker Atty.: Margaret Gairo LEGAL DESCRIPTION ALL THAT CERTAIN tract or Par- cel of land and premises, situate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania more particularly de- scribed as follows: BEGINNING at a point on the west side of Second Street tweMy- five (25) feet above the upper c ar- ner of Chestnut Street: THENCE westward along line of Lot No. 61, one hundred and fifty (150) feet to Hill Alley, twenty-five (25) feet to the upper side of Chestnut Street, THENCE eastwardly along said Chestnut Street, one hundred and fifty (150) feet to Second Street, twenty-five (25) feet to the place of BEGINNING. BEING Lot No. 60 on the Plan of Edgewater, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "L", Volume 4, page 1. HAVING THEREON ERECTED the half of a two and one-half story double frame dwelling house which has the address of 100 North Sec- ond Street, Wormleysburg, Pennsyl- vania. PARCEL NO. 47-20-1858-012. BEING KNOWN AS 100 N. 2nd Street, Wormleysburg, PA 17043. Being the same premises which Kenneth L. Booker, Jr. and Marga- ret C. Brooker, by deed dated the 9/12/2003, and recorded 9/15/ 2003 in the Office of the Recorder in and for Cumberland County in Deed Book 259, Page 1360, granted and conveyed to Kenneth L. Brooker, Jr. and Margaret C. Brooker, in fee. TAX MAP PARCEL NUMBER 47- 20-1858-012.