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HomeMy WebLinkAbout02-5067FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff NICHOLAS A. BESHORE 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0104886775 NZB IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AURORA LOAN SERVICES 601 5TM AVENUE SCOTTSBLUFF, NE 69361 The name(s) and last known address(es) of the Defendant(s) are: NICHOLAS A. BESHORE 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 6/1/01 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1715, Page 415. By Assignment of Mortgage recorded 7/10/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 688, Page 2568. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 5/1/02 through 10/1/02 (Per Diem $11.66) Attorney's Fees Cumulative Late Charges 6/1/01 to 10/1/02 Cost of Suit and Title Search Subtotal $69,501.73 1,795.64 1,000.00 0.00 550.00 $72,847.37 Escrow Credit 114.72 Deficit 0.00 Subtotal ($114.72) TOTAL $72,732.65 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 10. 11. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an author/zed Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTWF demands an in rem Judgment against the Defendant(s) in the sum of $72,732.65, together with interest f~om 10/1/02 at the rate of $11.66 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDER~AN AND I~HgLdN,~,I~P By: ,'/s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN apa~.t~nt dwelling unk situated in Sungtn2d Condominiura, Upper Alien Township, Cumberland County, Pennsylvania, being designated as Unk No. 1075-6 in thc Declaration Nd Declaration Plans of sa/d condominium, r~corded in the Reoordcr of Deeds Office of Cumberlancl County, Pe~n~ylvania, undcr thc provisions ogthe Unit Property AcT of July 3, 1963, P.L. 196. TOGETI:IJ~E with all right of title and interest, being a 1.4a16% interest, of, in and to the Common Ele_rne~.s as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUB,IECT to all agreemenis, conditions, easemcnis, and restrictions of record and the provisioz~s, easements, covenants and restrictions as contained in thc Declaration, the Code of Regnlatinns and ~e Declaration Plans. The Grantee, for and on behalf of Ge Grantee, and thc Grantee's heirs, personal represeatatlvcs, successors and assigns, by the acceptance of this Deed, covenant and agree to pay such c2arges for the ~aintenance of, repairs to, rephcement of and expenses in connection with the Co~nrnun Elements as may be assessed from t/me to time by Se Conncil in accordance with the Unit Property Act of pennsylvania, and further covenant and agree that the Unit conveyed by ttfis Deed shali be subject m a charge for all amounts so assessed and that, excep~ inzofar as Sections 705 and 706 of said Un/t Property Act may relieve a subsequent unit owner of Liab/l/ty for prior nnpald asse~ments, rbi~ covenant shall nm with and bJ~d the land or Unit conveyed and all subsequent owners thereof. The Grantee, for and on behalf of v~e Grantee and the Grantees' hek$ and assignees by the acceptance of the Deed and executinn below, acknowledge Gat this conveyance is subject in every respect to the Declaration of Condominium ann Code of Regulations and all amendments thereto; and the C~rant~es further achaowledge that each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit owners therein. Grantees and all owners of. Units in said condominium covenunr and agree, as a covenant rVnnlng Wirh vhe land, to abide by each a~t every provision of said documents Said Declaration, Code of Regulations and Declaration pla~ are recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 249, Page 784, Miscellaneous Book 249, Page 810 and Plan Book 37, Page 23, respectively. UNDER AND SUBJECT, NEVER'I'V4'g~L~'SS, to all easemer.ts, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING the san~ cer~_~in ~m ~ent dwelling unit situated in Sungnild Condominium and 1.4416 % interest, of, in and to the Common Elements, granted and conveyed unto Richard F. Barba and Alice C. Barba, by Deed of Reverend Henry F. Hopldn.~ and Betty T. Hopkins, Steven H. Hop.16.'-g and Lisa Mz. rie Hopk-in_s, dated October 14, 1988 and recorded November 14, 1988 in the Cumberland County Recorder of Deeds Office in Deed Book Q-33, Page 1165. BEll//; Kl/OWfl AS: 1075-6 IAI~CASTER BOULEVARD. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is author/zed to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05067 P COMMONWEALTH OF PENNSYLVAINIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTN_AT VS BESHORE NICHOLAS A RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon BESHORE NICHOLAS A the law, DEFENDANT at 1928:00 HOURS, on the 23rd day of October , 2002 at 1075 6 L~kNCASTER BLVD MECHANICSBURG, PA 17085 NICHOLAS BESHORE a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ¢ ~ day of ~ ~¢~ ~b A.D. [~ro~t hono t ary So Answers: R. Thomas Kline 10/24/2002 FEDERNLANBy: &~ ~ D~puty Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103~1814 .(~15) 563-7000 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, NICHOLAS A. BESHORE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5067 PRAECIPE FOR JUDGME}NT FOR FAILURE TO ~ANSWER AND ASSESSMENT OF DAMAGE,,; TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against N~ICHOLAS A. BESHORE Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint interest from 10/2/02 to 11/26/02 $72,732.65 TOTAL $652.96 $73,385.61 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: .['7 a~_~_-[-)alx P~~~/ BY: FRANK FED-Eh',~¢? ~ S Q LqRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff MORTGAGE ELECTRONIc REGISTRATION SYSTEMS, Plaintiff VS. NICHOLAs A. BESBORE Defendant Is) INC. : COURT OF COMMON PLEAs : CIVIL DIVISION : CUMBERLAND COUNTY · NO. 02-5067 TO: NICHOLAs A. BESHORE 1075-6 LANCASTER BOULA~rARD ~IECEANICSBURG, PA 17055 DATE OF NOTICE: NOVEI~BER 13, 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNEss REFERRED TO HEREIN, AND AAIY INFORMATION OBTAINED ' FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 %Ose y~ur property or other important rights y should take this notice to a lawyer at once. If you do not ha~ a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTy CUMBERLAND COUNTy BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 (TID 249~3166 , Esqxlire Attorney for Plaintiff FEDERMAN aad PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SU/TE 1400 PHILADELPHiA, PA 19103-1814 MORTGAGE ELECTRONIC REGISTRATION SYSTEMs, INC. 8201 GREENSBORo DRIVE, SUITE 350 Plaintiff, NICHOLAs A. BESHORE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTy COURT OF COMMON PLEAs CIVIL D/VISION NO. 02-5067 VERIFICATION OF NON-MILITARy SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant NICHOLAS A. BESHORE is over 18 years ora 1075-6 LANCASTER BOULEVARD, MECHANICSBURG PA ge and resides at, , 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, NICHOLAS A. BESHORE Defendant(s). No. 02-5067 TO THE DiRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/27/02 to 3/5/03 (per diem -$12.06) TOTAL $73,385.61 $1,193.94 and Costs $74,579.55 ~RANK FEI~ERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN apartment dwelling unit situated in Sunguild Condominium, Upper Allen Township. Cumberland County, Pennsylvania, being designated as Unit No. 1075-6 in the Declaration and Declaration Plans of said condominium, recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, under the provisions of the Unit Property Act of July 3, 1963, p.L. 196. TOGETHER with all right of title and interest, being a 1.4416% interest, of, in and to the Common Elements as more fully set th?th in the aforesaid Declaration of Condominium and Declaration Plans. Ch'DER AND SUBJECT to all agreements, conditions, easements, and restrictions of record and the provisions, easements, COvenants and restrictions as contained in the Declaration, the Code of Regulations and the Declaration Plans. The Grantee, for and on behalf of the Grantee, and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenant and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Council in accordance with the Unit Property Act of Pennsylvania, and further covenant and agree that the Unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit Property Act may relieve a subsequent unit owner of Liability for prior unpaid assessments, this covenant shall run with and bind the land or Unit conveyed and all subsequent owners thereof. The Grantee, for and on behalf of the Grantee and the Grantees' heirs and assignees by the acceptance of the Deed and execution below, acknowledge that this conveyance is subject in every respect to the Declaration of Condominium and Code of Regulations and all amendments thereto; and the Grantees further acknowledge that each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit owners therein. Grantees and all owners of Units in said condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents Said Declaration, Code of Regulations and Declaration plan are recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 249, Page 784, Miscellaneous Book 249, Page 810 and Plan Book 37, Page 23, respectively. BEING 1075-6 LANCASTER BOULEVARD, MECHANICSBURG, PA 17055 TAX PARCEL # 42-24-0792-041 TITLE TO SAID PREMISES IS VESTED IN NICHOLAS A. BESHORE BY' DEED FROM RICHARD F. BARBA AND ALICE C. BARBA, HIS WIFE DATED 6/1/2001 AND RECORDED 6/6/2001 IN DEED BOOK 246, PAGE 245. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PmLAOELPmA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, NICHOLAS A. BESHORE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5067 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~RANK FE~ERMAN, ESQUIRE ~ttomey for~Plaintiff MORTGAGE ELECTRONIC REGISTRATION sYSTEMS, INC. Plaintiff, NICHOLAS A. BESHORE Defendant(s). cuMBERLAND coUNTY coURT OF coMMON pLEAS CIVIL DIVISION NO. 02-5067 AFFIDAVIT pURSUANT TO RULE 3129 (Affidavit No. l) ~GISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1~1075-6. ~ECHANICSBURG PA 17055 · l. Name and address of Owner(s) or reputed Owner(s): Last Known Address (if address cannot be Name reasonably ascertained, please indicate) NICHOLAS A. BESHORE 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: ~ame Last Known Address (if address cannot be reasonably ascertained, please indicate) SUNGUILD I/II CONDOMINIUM ASSOC. C/O PMI, P.O. BOX 622 LEMOYNE, PA 17043-0622 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. SaBle Last Known Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANINCSBURG, PA 17055 SUNGUILD I & II CONDOMINIUM ASSOCIATION 638 GENEVA DRIVE MECHANICSBURG, PA 17055 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. November 20, 2002 DATE IdP, A~ ~'ED~.RMAN,. ESQUIRE Attorney for Plamtlff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, NICHOLAS A. BESHORE Defendant(s). TO: NICHOLAS A. BESHORE 1075-6 LANCASTER BOULEVARD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 02-5067 November 20, 2002 **THIS FIR31 IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 1075-6 LANCASTER BOULEVARD~ MECHANICSBURG~ PA 17055~ is scheduled to be sold at the Sheriffs Sale on 3/5/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $73~385.61 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS~ INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff giYes a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN apartment dwelling unit situated in Sunguild Condominium, Upper Allen Township. Cumberland County, Pennsylvania, being designated as Unit No. I075-6 in the Declaration and Declaration Plans of said condominium, recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, under the provisions of the Unit Property Act of July 3, 1963, p.L. 196. TOGETHER with all right of title and interest, being a 1.4416,.% interest, of, in and to the Common Elements as more fully set tbi'th in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUB,/ECT to all agreements, conditions, easements, and restrictions of record and the provisions, easements, covenants and restrictions as contained in the Declaration, the Code of Regulations and the Declaration Plans. The Grantee, for and on behalf of the Grantee, and the Grantee's heirs, personal representatives, successors and assigns, by the acceptance of this Deed, COvenant and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Council in accordance with the Unit Property Act of Pennsylvania, and ~urther covenant and agree that the Unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit Property Act ma5. relieve a subsequent unit owner of Liability for prior unpaid assessments, this covenant shall run with and bind the land or Unit conveyed and all subsequent owners thereof. The Grantee, for and on behalf of the Grantee and the Grantees' heirs and assignees by the acceptance of the Deed and execution below, acknowledge that this conveyance is subject in every respect to the Declaration of Condominium and Code of Regulations and ail amendments thereto: and the Grantees ~rther acknowledge that each and every provision of the foregoing is essential to the best interest and for the benefit of all Unit owners therein. Grantees and all owners of Units in said condominium COvenant and agree, as a COvenant running with the land, to abide by each and every provision of said documents Said Declaration, Code of Regulations and Declaration plan are recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 249, Page 784, Miscellaneous Book 249, Page 810 and Plan Book 37, Page 23, respectively. BEING 1075-6 LANCASTER BOULEVARD, MECHgaNICSBURG, PA 17055 TAX PARCEL # 42-24-0792-041 TITLE TO SAID PREMISES IS VESTED IN NICHOLAS A. BESHORE BY DEED FROM RICHARD F. BARBA AND ALICE C. BARBA, HIS WIFE DATED 6/I/2001 AND RECORDED 6/6/2001 IN DEED BOOK 246, PAGE 245. WRIT OF EXECUTION and/or ATTACHMENT From 17055. (1) (2) of COMMONWEALTH OF PENNSYLVANIA) NO 02-5067 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) NICHOLAS A. BESHORE, 1075-6 LANCASTER BLVD., MECHANICSBURG PA You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1075-6 LANCASTER BLVD., MECHANICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTION). You are also directed to attach the property of the defendant(s) not levied upon in the possession 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) Ifpr°perty °f 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 garnishee and is enjoined as above stated, a Amount Due $73,385.61 Interest 11/27/02 - 3/5/¢5 ~ $12.06 per diem Atty's Corem % Atty Paid $113.28 Plaintiff Paid Date: NOVEMBER 26, 2002 L.L. $.50 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name FRANK FEDERMAN ESSQUIRE CURTIS R. LONG Protho o a. fi Address: ONE PENN CENTER ~ SUBJURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103 1814 Attorney for: PLAINTIFF Telephone: (215) 563 7000 Supreme Court ID No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) VS. NICHOLAS A. BESHORE ) CIVIL DIVISION ) NO. O2-5O67 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on 11/26102 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 11126102 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: Januaw 17,2003 Attorney for Plaintiff 02 lA $ 01-500 0004300577 ~,k~V 26 2002 MAILED FROM ZIPCODE 19105 7160 3901 9844 2219 9744 ~,qCHOLAS A. BESHORE TO: 1075-6 LANCASTER BOULEVARD lVIECHANICSBURG, PA 17055 KlVID SENDER: REFERENCE: 0104886775 PS Form ~800, June 2000 RETURN LP°stage RECEIPT I Certified Fee SERVICE ~eturn Receipt Fee [Restricted Delivery US Postal Service .Receipt for Certified Mail No Insurance Coverage provided Do Not Use for IntemaflonaJ Mail FEDERMAN AND PHELAN, LLP BY: SHEETAL R. SHAH-$ANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 J.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc., 8201 Greensboro Drive, Suite 350 McLean, VA 22102 VS. Nicholas A. Beshore 1075-6 Lancaster Boulevard Mechanicsburg, PA 17055 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 02-5067 MOTION TO SET ASIDE SHERIFF'S SALE Mortgage Electronic Registration Systems, Inc., by its attorneys, Federman and Phelan, LLP, respectfully requests that this Honorable Court enter an Order setting aside the March 5, 2003 Sheriff's sale of the property located at 1075-6 Lancaster Boulevard, Mechanicsburg, PA 17055 and in support thereof avers as follows: 1. An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on November 26, 2002. 2. Pursuant to a Writ of Execution issued on November 26, 2002 to enforce the judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's sale held on March 5, 2003. 3. However, unbeknownst to Plaintiff's counsel, Defendant, Nicholas A. Beshore, filed a Chapter 13 bankruptcy petition in the Middle District of Pennsylvania on February 10, 2003 at docket number 03- 00737- JJT. A true and correct copy of the bankruptcy docket is attached hereto, made part hereof, and marked as Exhibit "A". 4. As such, the Sheriff's sale held on March 5, 2003 was inadvertently conducted while the Defendant was under the protection of the bankruptcy automatic stay. 5. Defendant is still under the protection of the automatic stay, and Plaintiff is required to take this administrative and necessary step to set aside the sale in order to re-vest title to the premises in the Defendant. WI-IEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the March 5, 2003 Sheriff's sale. Respectfully Submitted, FEDERMAN & PHELAN, LLP Sheetal R. ~h-afi-Jani~,,L~s~uire Attorney for Plaintif~ FEDERMAN AND PHELAN, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 J.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc., 8201 Greensboro Drive, Suite 350 McLean, VA 22102 VS. Nicholas A. Beshore 1075-6 Lancaster Boulevard Mechanicsburg, PA 17055 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 02-5067 .BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SAI.F, An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on November 26, 2002. Pursuant to a Writ of Execution issued on November 26, 2002 to enforce the aforementioned judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's sale held on March 5, 2003. However, unbeknownst to Plaintiff's counsel, Defendant, Nicholas A. Beshore, filed a Chapter 13 bankruptcy petition in the Middle District of Pennsylvania on February 10, 2003 at docket number 03-00737- JJT. A true and correct copy of the bankruptcy docket is attached hereto as Exhibit A. As such, the Sheriff's sale held on March 5, 2003 was inadvertently conducted while the Defendant was under the protection of the bankruptcy automatic stay. Any action by a creditor conducted, whether knowingly or unknowingly, in violation of the bankruptcy automatic stay is void. 11 U.S.C. {}362 (a). WI-IEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the March 5, 2003 Sheriff's sale. Respectfully Submitted, FEDERMAN & PHELAN, LLP Sheetal 1~. '~ _ah-_Jani,'E~(4uir~ Attorney for Plaintiff ~ EXHIBIT A Docket for Case: "+ GetCaseNo0 +" (" + DktTypeExpand(m.gsDktType) + ,,) Page 1 of 1 Bankruptcy Docket Report I 03-00737 (Harrisburg) BESHORE, NICHOLAS A and BESHORE, MELISSA H Docket items entered between 01/01/1931 and 04/02/2003 Filing Date No. Docket Entry View document 02/10/03 1 VOLUNTARY PETITION under Chapter 13, Matrix, all Schedules & Doc.#1 PDF (29 Statements, Plan and Smmmry [EOD 02/10/03] [AG] pages) 02/10/03 2 Ch. 13 Plan Re: Item # 1. [EOD 02/10/03] [AG] _.Doc #2 PDF (2_ pages) 02/10/03 3 MOTION FOR ORDER TO PAY TRUSTEE WITH CONSENT OF None DEBTOR [Disposed] [EOD 02/11/03] [DS] 02/I 1/03 4 ORDER to pay trustee. Re: Item # 3. [EOD 02/11/03] [DS] None 03/03/03 5 CERTIFICATE of Mailing of Notice of 341 Meeting. Objections to the plan Doc #5 pDF (5 are due 15 days after meeting held. [EOD 03/03/03] [AUT] pages) Att: p!lan PDF_(~ pages) 03/12/03 6 NOTICE to parties of filing of clairn by Debtor on behalf of MORTGAGE None ELECTRONICS IN THE AMOUNT OF $9,000.00 [EOD 03/12/03] [JCl 03/24/03 7 ENTRY OF APPEARANCE of AURORA LOAN SERVIES, INC. [EOD None 03/24/03] [DR] Print~cl. flA/t~O/nzt 1 ~3 PACER Service Center Transaction Receipt 04/02/2003 15:34:43 [PACER Login: I fp0039 J[Ciient Code: 1 [Description: I[D°cket llCase Number: [[.1 2003-00737 [Billable Pages: ~ l~_~_~[Cost: Jb.o7 ~'Need help? Try the PACER User'~s Guide g~lPacer_ Service~___Cente_rr · ../nPacer?ExecThis=docket&puid=01049315632&case__no=2003-00737&office= 1 &DktType=-4/2/2003 VERIFICATION Sheetal R. Shah-Jani, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Set Aside Sheriff's Sale is true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. FEDERMAN & PHELAN, LLP SAht ~oer~ 'e yR;oSrl[~l~iJn~i ;;Q~ ~re FEDERMAN AND PHELAN, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 J.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc., 8201 Greensboro Drive, Suite 350 McLean, VA 22102 VS. Nicholas A. Beshore and 1075-6 Lancaster Boulevard Mechanicsburg, PA 17055 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 02-5067 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the Plaintiffs Motion to Set Aside Sheriff's Sale, Memorandum of Law in Support thereof, Verification, and proposed Order were served by U.S. first class mail on all parties on the date listed below: Nicholas A. Beshore 1075-6 Lancaster Boulevard Mechanicsburg, PA 17055 James M. Bach 352 S. Sporting Hill Road Mechanicsburg, PA 17055 Sheriff of CumberlandCounty One Courthouse Square Carlisle, PA 17013-3387 Charles J. Dehart, III, Esquire - Trustee P.O. Box 410 Hummelstown, PA 17036 Date Sheetal R. Shah-Jani, F~re Attorney for Plaintiff APR 1 6 2003 FEDERMAN AND PHELAN, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 J.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc., 8201 Greensboro Drive, Suite 350 McLean, VA 22102 VS. Nicholas A. Beshore 1075-6 Lancaster Boulevard Mechanicsburg, PA 17055 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. {)2-5067 ORDER AND NOW, this day of Iq ~ c t ,2003, upon consideration of Plaintiffs Motion to Set Aside Sheriffs Sale and Defendant's Response thereto, if any, it is hereby ORDERED and DECREED that Plaintiffs Motion is granted; and ORDERED and DECREED that the March 5, 2003 Sheriffs sale of the property at 1075-6 Lancaster Boulevard, Mechanicsburg, PA 17055 is hereby set aside. BY THE COURT: Mortgage Electronic Registration Systems, Inc. VS Nicholas A. Beshore In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5067 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Motion to set aside Sheriff's Sale was granted on April 21, 2003. Sheriff's Costs: Docketing 30.00 Poundage 19.27 Posting Handbills 15.00 Advertising 15.00 Auctioneer 10.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 19.32 Certified Mail 4.65 Levy 15.00 Cumberland Law Journal 451.40 Patriot News 356.59 Share of Bills 25.21 $ 982.94 paid by attorney 4/28/03 Sworn and subscribed to before me This ]6 ~ day of ~ AD ~ ..... ~ 2003, . . ( 77~, ~ ~d~...,.,~ Prothonotary R. Thomas Kline, Sheriff Real Est~e Deputy