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HomeMy WebLinkAbout01-2890 FX - .~ -,.......... --, - L, " ._. ,_ ,~--u _," ~-, ,;:.--'" ~--Ll'/'ii, , ,..~ FEDERMAN AND PHELAN LLP , By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (71 'i) 'i111-7000 ATTORNEY FOR PLAmTIFF COURT OF COMMON PLEAS CIVIL DIVISION AURORA LOAN SERVICING 601 5TH AVENUE SCOTTSBLUFF, NE 69361 TERM Plaintiff NO. 01- ;)?7c> Clu~ll~ v. CUMBERLAND COUNTY LAWRENCE M. FAILOR, JR. PENNY S. FAILOR 604 COPPER CIRCLE CARLISLE, PA 17013 Defendant( s) CIVIl, A.CTION -I,A.W COMPI ,ATN'f TN MOR'fr.Ar.R FORRCI.OSlTRR NOTICE "TillS 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 TillS DEBT WAS NOT REAFFIRMED, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. *. You have been sued in Court. If you wish to defend against tbe claims set forth in the following pages, you must take action witbin 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 tbe claims set forth against you. You are warned that if you fail to do so the case may proceed witbout you and a judgment may be entered against you by the court witbout further notice for any money claimed in tbe Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or otber rights important to you. YOU SHOULD TAKE TillS 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 #: 0007578487 -~ ...'-'~ '" I, J."",", , , . , t ' 1. Plaintiff is AURORA LOAN SERVICING 601 5TH AVENUE SCOTTSBLUFF, NE 69361 2. The name(s) and last known address(es) of the Defendant(s) are: LAWRENCE M. FAILOR, JR. PENNY S. FAILOR 604 COPPER CIRCLE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 11129/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FLEET REAL ESTATE FUNDING CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1243, Page 541. By Assignment of Mortgage recorded 7/16/99 the mortgage was assigned to US BANK, N.A. which Assignment is recorded in Assignment of Mortgage Book No. 619, Page 356. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/1100 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. "'" ~ ~,~' C"""'^j ~~ , '.-- .. , 1;.'- -l~ k: '"~'"""'" .' ," , _ ,-, ,", '-',- -"'""'" 6. The following amounts are due on the mortgage: Principal Balance Interest II/liDO through 4/1101 (Per Diem $23.79) Attorney's Fees Cumulative Late Charges 11129/94 to 4/110 I Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL $90,157040 3,616.08 4,000.00 195.91 55.O..ill1 $98,519.39 0.00 l1.6..2J. $ llll 91 $98,636.30 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 98,636.30, together with interest from 411101 at the rate of $23.79 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. L' )--~~ I~/ Fr~nk Fp.np.rm~n FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff " I ;. " ., ,.- _", . ~'" co .,-~- ~ '::<'] ~', . ~-, ~ " ALL that certain tract of land with the irnproverrents thereon erected, situate l.ll South Middleton Township, Cunberland County, Pennsylvania, bounded and described as Follows: BEGINNING at a point on the Western side of Copper Circle, on the dividinq line between Lots Nos. 2 and 3 on the hereinafter mentiOned Plan ::-f Lots; thence by said dividing line. south 58 degrees 40 minutes West 150 feet 'Co a point; thence North 31 degrees 20 minutes west 100 feet to a point; tllence by t:he dividing line between Lots Nos. 1 and 2 on said Plan of Lots, North 58 degrees 40 minutes East 150 feet to a point on lhe Western side of Copper circle; thence by the Western side of Copper Circle, South 31 degrees 20 minute East 100 feet to the Place of BEGINNING. BEIr<<i Lot No. 2 of Section "D" of the Plan of Lots knatm as Forge Road Acres, as recorded in the office of the Recorder .jf Deeds for C\llllberland county in Plan Book 22. Page 169; and beinq improved with a ranch style ",'welling house. UNDER AND SUBJECT NEVER'nIELESS. to all restrictions. easements. rights of way, and corxiltions of record. IT BEING the same premises which Benjamin J. Ga:l:man. by deed of even date and about to be recOJ:ded herewith granted and conveyed unto Law.renc:e M. Failor, Jr. and Penny S. Failor. Mortgagors herein. PREMISES: 604 COPPER STREET " , '.,j , "", lliih "~_ ... ' .. VERIFICA nON FRANK FEDER;\fAN. ESQURE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court andlor the verification could not be obtained within the time allo\',ied for the filing of the pleading, that he is authorized to make this verification, and that the statements made in the foregoing Civil Action in :-'fortgage Foreclosure are true and correct to the best of his knowledge. information and belief. FUr1hermore, 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 authori-ries. ,,~r~ D.-HE: 60( 'I ~~~li'~~,Qi1it_~Jilli';H~mw.,,~,ili;Jk"}r#Ic\tMiil1l:,*iH"'J:',id.-'-";,,"~'!""i.i,;"" '-'-,_,io~,'T' _'_,iSi.-_~t&lN!{il!?lktii!~fi~I~~'\f~'1iiii'w;tl~I~~~,ii:IiI' ~',;(,. '. .. Ii=-P ,: -"~-,~ ,~, ^ ,-.< . o~,_ _ ~f"_ ,e" ~" __~",~"_,.~,,_.==~~L.~-~J~ 7V @ r !~ ~ ~ .........t:: l ....... r- I :S b ri? '" J-1' _ .N_~ ~~l'-'.~ '. < ,- "'" I .. 0 co -(a c :;:: ~"',. ~ rl4Fl ,,~ -n -7 -0 . -, .c...-.... B Z3~;-:-. . r">~: ~ --, ~;.~: -a -- - ; () j;~~ c^' ~:.) ;,,~ :2 ~Tl ::D ID -< - ~, ~" 1,,1,_ ,""",",,-~I'&,_:~ " FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. LAWRENCE M. FAILOR, JR. PENNY S. FAILOR NO. 01-2890 PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon LAWRENCE M. FAILOR, JR. & PENNY S. FAILOR, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff " " I'_J.I , ;,~ ,,- ~ ~\-i~~~ ; FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. LAWRENCE M. FAILOR, JR. PENNY S. FAILOR NO. 01-2890 RULE AND NOW, this day of , 2002, a Rule is entered upon LAWRENCE M. FAILOR, JR. & PENNY S. FAILOR, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE the day of BY THE COURT: J. 11 ,-- ~, .;"J!" -'oj ' -~,' '_.; -0" _ , 'J1 " FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn C~nter Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. LAWRENCE M. FAILOR, JR. PENNY S. FAILOR NO. 01-2890 ORDER AND NOW, thi s day of , 2002, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 11/1/00 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 90,157.40 13,658.81 195.91 4,000.00 1,316.50 0.00 79.06 0.00 0.00 2,319.83 TOTAL $111,727.51 Plus interest per diem from 6/5/02 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. ['--Iou' ,-, '-" ~~- ~ ~"'""''''f;:',: FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. LAWRENCE M. FAILOR, JR. PENNY S. FAILOR NO. 01-2890 PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter I and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on MAY 11, 2001. 2. Judgment was entered against Defendant(s) on JUNE 19, 2001 in the amount of $100,515.71. 3. The mortgaged premises are listed for Sheriff's Sale on JUNE 5, 2002. 4. Additional sums have been incurred or expended on Defendant (s) , behalf since the Complaint was filed and J .~ , - -", l..! .,' o_.L_"' '~ -J,_ "'_"'<' ~ ....:.""~j Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 11/1/00 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 90,157.40 13,658.81 195.91 4,000.00 1,316.50 0.00 79.06 0.00 0.00 2,319.83 TOTAL $111,727.51 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion f the figures set forth in paragraph five in the amount of judgment against the Defendant(s) . WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. c:-i) ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff -2 - L~i . I' ". 1.1 "'_~liw;' FEDE~ AND PHELAN, LLP. by: Da~iel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philad~lphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. LAWREN~E M.FAILOR, JR. PENNY S. FAILOR NO. 01-2890 BRIEF OF LAW ~N SUPPORT OF PLA~NT~FF'S MOT~ON TO REASSESS DAMAGES ~. BACKGROUND OF CASE Plaintiff and Defendant (s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant (s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff' s Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub iudicia, Defendant (s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant (s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. -Oi ~ " b. l' ,_I,] '; '--I, , .'i111liflllit\"i.", II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, lithe Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988) . In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee II... could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971) . Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages i ,"., L,. u. -"''''''-~ will not be detrimental whatsoever to Defendant (s) as it imputes no personal liabili ty. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in. order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff I s Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHlLA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. QAND C '" DANIEL G. SCHMIEG, ESQUIRE ATTORNEY FOR PLAINTIFF " . " ",~. . .J .I,j .............~,~"'''- f""--~-"~;! I ..J~.... ~J' . ~ " RJ:"Cc'-;\,.~r", . '..-, '..' ;"'{' _ -: ,!:A ~ C 'f..' ~ ~ ~~ -. 1 d~ t -Z.t -.' /;J~--?3N.; FEDERAL NATION,\L MORTGAGE ASSOC.!J\:I'rON COUll.. Or: COMMOI~ PLI;J\S 1'!iILADELP1l11\ Co,Utl'r't CIVIL TRIAL DIVisION ,. ., vs. . JOSEPH JEFFERSON' an~ . ROSn: J'EFFE:..~SON, his \>/1fe . :;' HAY TERM,' j,982! i'l". NO. 2359 '"H);, :. ,.: .. ~ ~ ORDER AND OPINION WllITE, J. ,AND NOI~. this '. 7' clay of ~ rea , lq-d5, upon consi,<:l.e;-at:.ion of Plaint:.!ff, Fedcrcfl jiationa1 r~ortgaqC! ~ . Associat:.ion's Petition for Reconsiderat:.ion ~uno Pro Tunc of this Court' s Order of November " 1985 and the Answer thc,r(2to or Defendants~ Josaph Jefferson and Rosie Jefferson, it is I:: hereby ORpERZD and DECREED as'follOWS:j 1) Said p~~~~on is GRANTED: O"\r". ' ! ..~1.:....... ' 2) ~~sr~Ottrt's Order of November " 19a5 i~ ~"J . ('.:~.,. . ...:~... REVERSED and~lain~if~'s '~otio~~for Reassessmont~of Damaqes is r I.o1i "\.',.,,, ~ " ", t',:...\,.-" . "\.~. . ~ ~'t.. " ....\" ." 0(\\\;)- ~~~~ ,'. 3) J~~~~;t is h~rcuy incr~a~~d to S6,141.7t. GRANTED: Becaus(~ Pll1intiff was requ'ired to ac(:C!pt cUl:r(:nt mortgage payments upon th~ f.il1ng of ,Oe!e~dants' .bll.nkruptc:y ! -- ' . petition and in fact did so, it is necessary to l'llilSS(!$S the a~ount of daNag~s that initially were assesslld after jud'1ment:. by defaul twas' antcred in this action. . Because Dofendant:.s have not refuted the specific amounts claimed - 1 - -.. ~ ~ "" ..~..""'.~ - . ", "'/ . I .JUl..,J(,J F,J , ./ , ;;.;;1 .v"fJU ,J\J..,I'-I'11 n ........'-........__... .- " by Plaintiff in the instant Motion for Reassessl1Icr.t, thi.li pursuant to Fa. R.C.P. 1029(cl. Court finds that Defendants have admitted these amounts" E'i THE COURT: ~;.:- .--:- THOMAS A. WHITE, J~ I \ I ~ . JI """"-'~",,,~'''''';;'~'I''IiI!F.'~~' '. .'l . ! :.. ., : . ~ '..: : . ~ :. : :., . '. . , . " ',' " . , \ ." i! " 'J, 1.-.>.", " . --. "--~ .,- ~~,-, "..-, '. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: May 21, 2002 ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff :W iI ~ C" -'-; FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. 1.0. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 AURORA LOAN SERVICING vs. LAWRENCE M. FAILOR, JR. PENNY S. FAILOR I L ~! ~~ ~ . " ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION AFFIDAVIT OF SERVICE NO. 01-2890 Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 21, 2002. LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CARLISLE, PA 17013 PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, PA 17013 DATE: May 21, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff r ;),M~t"ll!li.iMJ~JilI.~<i;Ma"'~f""~~;!:".,(i"h1~;i~';i.l'lIll~t.il..vr"::O;\.~!j':J-';"-,\',!"~~",~:,;,-,, ',;"4~kw>i<~.~ ~"'"'-,';'~bt, ~11~~IlIi~llt--~ _J ",__,J,_,..;.,_',_, . ~ " \1F<\t/\1},SI~N3d ! )~ In''',''' "" ,- ''ll .~,-,...tlr", 1\..L:\i 1',,-,',) \,"'.'j'-' i:.-J.:-;;:.i~, ~~ ~v +)1; : I ('./ ) 'r'lJ Z.,. (.(.. I\Ul ,U AtrllC:j- 3~iL~-L:<) - i~ ~!--I)j :10 uu., ~,,~~-,,"',"""~ --,.~-.^,,,,<,= ~- , ., ", .",,, '4 "'~, " , ~'~.., ".,. ." J-t ,--"--_~.,.;_-_J.. 0,,"""""',*," . . MAY tt LoOl FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. LAWRENCE M. FAILOR, JR. PENNY S. FAILOR NO. 01-2890 AND NOW, RULE this ~'~ay Of~ , 2002, a Rule is entered upon LAWRENCE M. FAILOR, JR. & PENNY S. FAILOR, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. IO~~~ RULE RETURNABLE th.! rl=>y [ - BY J. ",iM,j~~~&iiHM1~'iiR'b~i!II.,"Jj"'.N,.)f';,\C.l~W.'-:i:k),)""",-",.""clrt~.'''!x~t~ .",;:.',;:'.,.,',"-1>< "':;~'CL'Oi""",~l;';Mr:",,..~~~J:li'IliW[~~il 11 J~ . ~i t ~S1- }Jtt '" , \i!f\JhFl!("r\jhr'"} J } ! i\if',....'.,...: ;;; ::),'~ I \, .'Jr::;' ,C, ", " , ' ',- " ,"....\J~" ' . <"'~':;'jV I Iv Sri 'f)l,',",',' , ',., j.~:7 f U;j "'1 '_.' [. ,'" ~.J.- ,'. ~ '"' < "",,) () t I,...... "") 1 ~,-' ,~~~ ,,' ~ "';"..'~"'" __c .,~,,- ~"., - . .~,~ ~..' - .-- . -~, ",..;;{lUiliJtdili*UB1,d[. '1" ~. ":' . I,", .1- .... "-~'-^-,,,L*,it~ MAY fazao2 FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. LAWRENCE M. FAILOR, JR. PENNY S. FAILOR NO. 01-2890 ORDER AND NOW, this day of I 2002, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 11/1/00 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 90,157.40 13,658.81 195.91 4,000.00 1,316.50 0.00 79.06 0.00 TOTAL 0.00 2,319.83 $111,727.51 Plus interest per diem from 6/5/02 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. .' -_, / STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ~___~__________~____________________________________..________________________Il~cord~rof Deeds ill and for said County and Stat~ do 'hereby c:erufy that the Sheriff's D~ed in which ________________ Aurora Loan Servicing ___________________________ .-__~_____________~__ __n________________________________ is tbe grantee 6th the same having been sold to said grant~e on the ________________________u_____________________ day of . " 02 __________:!:_':.:~________________________ A. D., r _____, und~r and by virtue of a writ______________ Execution . 10th _~____~~__~__~_~~___~_________________ __________lSSued 011 the _ _________ _ __ __on ________ ___________ clay of ___!)~..c__~_____________~__~ A. D., Civil -~---~-------~--~-------------...------- ---------- -________ _________ _______________ Tenn, : . 2890 Aurora Loan Servicing Number ______________, at the suit of __n_______________________________________________________n__ Lawrence M Failor Jr & Penny S ---________________________________ against________ _______ ____________ ________ _ _ ..___ ___________ is , 252 2046 duly recorded in Sherifr. Deed Book No. ____________, Pag~ ____________. 02 .. -----) out of the Court or Cornman Pleas of said County as or 01 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal or said office this __.?:J!._____ day of ___________~------------ A. D., .;l.o.~==... -~-~-~~+R~Dd. .......~~...l.. ..,.M ",Clolm __.. f_ ~^....... , J:..l- 'rl~':L Aurora Loan Servicing VS Lawrence M. Failor, Jr. and Penny S. Failor In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2890 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he m~de a diligent search and inquiry for one of the within named defendants, to wit: LaWrence M. Failor, Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Indiana County, Pennsylvania, to serve the within Real Estate Writ, Notice and Description according to law. INDIANA COUNTY RETURN: Now, January 13, 2002 at 1550 hrs served the within Real Estate Writ upon Lawrence M. Failor, Jr. at 878 N. 5th Ave., Indiana, PA 15701 by handing to him a true and correct copy of the within Real Estate Writ and maldng known to him the contents thereof. So answers: Donald L. Beckwith, Sheriff. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on January 2,2002 at 9:10 o'clock a.m., EST, he served a true copy of the within Reill Estate Writ, Notice and Description, in the above entitled action, upon one ofthe within named defendants, to wit: Penny S. Failor, by making known unto Penny Failor personally, at 604 Copper Circle, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2002 at 5:34 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lawrence M. Failor, Jr. and Penny S. Failor located at 604 Copper Circle, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Lawrence M. Failor, Jr.., by regular mail to his last known address of 878 N. 5th Ave., Indiana, PA 15701. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Penny S. Failor, by regular mail to her last known address of 604 Copper Circle, Carlisle, PA 17013. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5.2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Aurora Loan Servicing. It being the highest bid and best price received for the same, Aurora Loan Servicing of 601 5th Ave., Scottsbluff, < ~ ..,,~. ~ ~ L I .1.-1 -~ __A ""~ ~'> <~ ~ ~ '.<<W>J";w"it.tw,,' NE 69361, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $781.39, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Service Certified Mail Levy Surcharge Out of County Indiana County Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 15.32 15.00 15.00 30.00 10.00 .50 1.00 6.70 2.32 15.00 30.00 9.00 39.00 20.00 260.75 251.10 24.20 25.00 29.50 $829.39 paid by attorney , 6/26/02 Sworn and subscribed to before me This day of 2002, A.D. So Answers: r~r.~t:#~ R. Thomas Kline, ~h:;; By0()~ J~ Real Estate Deputy Prothonotary o?~ oV .~i.s0 ck. fll 'f '-f f!u,;J?/f.,O - ~ = ,- . -'- _ 'J" oC";' ,~_",' , ~ ,-- - r-, . AURORA LOAN SERVICING CUMBERLAND COUNTY Plaintiff, " . v. COURT OF COMMON PLEAS LAWRENCE M. FAILOR, JR. PENNY S. FAILOR CIVIL DIVISION NO. 01-2890 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) AURORA LOAN SERVICING. 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 .604 COPPER CIRCLE. CARLISLE.P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CARLISLE,P A 17013 PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CARLISLE,PA 17013 PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, P A 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. .~ ..~._,~~- , . _j,J_.,", ,'L " '~___d" '~,;i: 4. Name and address oflast recorded hold~r of every mortgage of record: ,/ Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO. OF PA 419 STONEHEDGE DRIVE, ST. 2 CARLISLE, P A 17013 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 604 COPPER CIRCLE CARlISLE,PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ ~J }^l~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff December 7. 2001 DATE rro - .",:;",''-i.:;. <} , , AURORA LOAN SERVICING Plaintiff, CUMBERLAND COUNTY v. No. 01-2890 LAWRENCE M. FAILOR, JR. PENNY S. FAILOR Defendant(s). December 7, 2001 TO: LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CARLISLE,P A 17013 PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, PA 17013 "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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 604 COPPER CIRCLE, CARLISLE,FA 17013, is scheduled to be sold at the Sheriffs Sale on 3/6/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 100,515.71 obtained by AURORA LOAN SERVICING (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sal~. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take.immediate action: 1. The sale will be 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. 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 notice on page two on how to obtain an attorney.) "~ J "-. '-.,.", '~> > . 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 Sheriff the 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 gives 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, P A 17013 (717) 249-3166 (800) 990-9108 '-',0 -" ,~", " . ~,*litI -'- f> .... . , " ~ that certain tract of land with the improverrents the..""eon ereceC. s.:.tuate in S01..'t:> Middleton Township, Cumberland COI.:'\'1ty, Pennsylvania, bounce::: anc deserice::: as Follows: BEGINNI1\G at a point on the Western side of Copper Circle, on tl:'e dividinq line bevNeen Lots Nos. 2 ani 3 on the ::ereinafter mentioned Plan of Lots; thence by said dividing line, SO'-'1:l1 58 de9=""'.5 .;: ,;;i.'1utes West 150 feet 'co a point; t.."ler.ce NOJ:""ch 31 degrees 20 minutes west 100 feet to a point; thence by ;:.'1e di'riding lir.e between Lots Nos. 1 and 2 on said Plan of Lots, North 58 degrees 40 minutes East 150 feet to a point on the Western side of Copper circle; thence by the Western side of Copper Circle, South 31 ~egrees 20 minute East 100 feet to tr.e Place of BEGlNNING. BEING Lot No. 2 of Section "D" of the Plan of Lots kncwn as Forge Rced Acres, as recorded in ti'.e office of t.'1e Recor"-.er Qf Deeds for Cumberlar.d County L'1 P::'ar. Book 22, page 169; and beinq improved with a ranch style ",'welling house. UNDER AND SUBJECT NEVERl'HELESS. to all restrictions, easerrents, r:..ghts of way, ar.d cOniitions of record. IT BEING the sane premises ',.lhich Benjamin J. Ganl'an, by deed of ever. date and about to be recorded herewith granted and conveyed unto Lawrence :1. Failor, Jr, and Penny S. Fail=, Mortgagors herein. - , ,- -.-, .~ , ,~~ ~~~ . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA), ' COUNTY OF CUMBERLAND) NO. OJ -2890 CIVIL~ TERM CIVIL ACTION - LAW - TO THE SHERIFF OF CUmberland COUNTY: To satisfy the debt, interest and costs due Aurora Loan Servicinq PLAINTlFF(S) from Lawrence M. Failor, Jr 604 Copper Circle, Carlisle, Pa. 17013 Penny S. Failor 1946A Fry Loop Carisle, Pa. 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell 604 COpPer Circle, Carlisle, Pa. 17013 (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 IlOtffy the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) Is/are enjoinelU~mpaying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwISe disWsing thereol;;:,.~\ (31." If property ofthe defendant(s) IlOtlevied upon an subject to attachment Is found in the possession !;lfa'1yon!lolher than a nam81:lgamishe!l, you ar!l directed to notify hinVher that helshe has been added as a gamishee and Is ehjdltolldall'8bove staled. '. Amount Due, 5100.515.71 From 6/18/01-3/06/02(per diem-16.52) Interest $ 4.111 7? Ally's Comm % L.L. $ n 'in Due Prothy 1. 00 Other Costs Ally Paid Plaintnf Paid s 122.20 Date: December la, 2001 Curtis R. Long Prothonotary. Civil ~ivision by: QuI' . a "M.i-Pu./ Deputy REQUESTING PARTY: ~ Federman, Eso. One Penn Center at Suburban Station Address: 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphi~. p~ lq1n1-1R14 Attorney for Plaintiff Telephone: Supreme Court ID No. ~i"g'~";!Ri:j~i@~dL',~,~3',1!","-'"!'U"; , . ,- ".,-:",',_,," -",W ,_",," - , -, _oC>-'. 'l_ _ . '-Y'''')lf-'''',f.i!~I'''~~1~!@itl><<",lit\!_':i!-_I!}Jili'',,'ih~);;.,.::i&--'1I1;,,"m:-k:M!idl,~"(~!IlM!Im --'- 'REAL ESTATE SALE No. 37 On December 12, 2001, the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, known and numbered as 604 Copper Circle, Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12, 2001 By: g'1Jc!:!i ~~ Real Estate Deputy <is> ~ t::::::::i ~ ~ ('Hli3c 'IIIH';! ~}'~J"'0 _~.."\ t__. \ ",,' , ' :", \\';l1\\ \~i \\~ 1.\1 t ",,1>1'\(\:) "1\l\\\;~ : ~~ ;0 'j()\HO ~~\\I:l\-\" :; -~~<~ ""~-~ "^-- ,->-., REAL ESTATE SALE NO. 38 Writ No, 2001-2890 Civil Aurora Loan Servicing VS, i.awrence M. ~i'ailor. Jr, and Prnny S. Fallor lUty.: l<i"ank Federman ALL that certain tract of land \Vith the imprCM"'ment.q thereon erected. situate in South Middleton Town~ ship. Cmnberland County. Permsyl~ vania. bounded and described as Follows: BEGINNING at a point on the Western ~ide of Copper C:ircle. on the dividing line between Lots Nos.. 2 aud 3 on t he hereinafter men- Honed Plan of Lot,,:>; thence by said dividing line. south 58 degrees 40 minutes West 150 feet to a point; thence North .'31 degrees 20 min. utes \WBt 100 fed to a point: thence by the dividing line between Lots Nos. l. and 2 on said Plan of Lots. North 58 degrees 40 minutes East 150 feet to a polnt on the Western s.ide oJ Copper circle: thence by the western side of Copper Circle. South 31 degrees 20 mmute East lO!) feet to the Pla<..--e of REGlNNING. BEING Lot No. :2 of SectJon "D" of t.he Plan of Lots known as Forge Read Acres. as recorded in the of- fief" of the Reeorde-r of Deeds. for Cumberland County in Plan Book 22. Pfige 169; and being improved with a ranch style dwe~ house. UNDER AND SUBJECf NEVER- 'Il-lELESS. to all restrictions. ease- ments, rtghts l)fway. and conditions of record: IT BEING the 5atne premises whic;, l3cnlaminJ. Gannan. by deed (If even date and about to be, ~cord- eel herewith granted and oonveyeAl unto Lawrence M. fi"ailor. ...Jr. and Penny S. Failor. Mortgagors herein.. k1.LES~tE~~Q. ~ ".WrltNo.2Q0148l1O , .. ... .CIvUTarm .-AUrora Loan ~erV1c\n9 .. '1.eWT9Tlca1.\.faI1OI,Jr. oM ~""y.~ 1'e1lor ,My:FtenkF~man j)Esi.~Rlf1!,O~'rJTAn:'( tr<ic(-'-~f_liiO-d l'1,ith _ the A..u,..,..-, "ffiA_t \.,=": - -'- --;>~r sItuate 1.n Soulh ,..""..".. thereoJleTeCl-I'Uo-_-, '-d' lmpIP',re.Wlc:n:~ _ ,-'.,:_ f'u_riLber\and -COUl"-Y' _Mi.dd1ctQt1-:: rowu:titid des~n"oeda;s fonOVl~', , \:~_P.;'JlOh'Ylvama,-ooU _,: i 'y- 1he.-WeW:-m ~iIk 1-,1 ",:,,:BffilNN!NG _~t: :_~\.'i_$.ni_ttne i)ftweCu Lots ,:t;u.ppet' Clrcle. 0._ ne --\nafrer.r:nentloDed Plan of NOli, :aJtd} on ~_e-: ,_f\: d~"i.({iAA line,_ sOutb .:'l~ l.r!!;;_ _\bell\;e_~) -~ldWe$t lS(i teet to a vomt~ -,:~__'-(~_4l1,I'lJnu.les- ---'io_-:i_-\fte'l1!(';Stlll1feet ":': t11l:nceNorth 11 degrs; 8~di\1g_ \ine- betwctn ,:_to:a. j;l(lmt; thence Y llie~a\dJ?I;U1'ofLots, Nortb 1..o[5_Nos. t !lIlil ~ 0Tl , E-':-,1150 feel to i\. point _on ,,".le:~4\)ro_u...ute;:.<\' _-_-_-- ,1<..- -hI/we ..0":'0''''--:_ ,'- '~'('.on,,;.rt.irde;_llll,JJi-'l: .- :-,t'nc_-W~_t.r!1""(\~::;"-'-\~l:'-'-----Si:iu\.'n"'\~ :Vi~"'I.e.m ~Me_ of co~peOOr ~rc:Jt\o .\he Ph..,;e of :1,Q'_:_~I\Qtel>I-:$ l-:_iee:::::_. ",E\f:mN,.NtNu. -~ (l{~C\i<1l""D"_f1fthe Plan ~f BF.IN.(,l_LotNQ,.,- ROadA\..~ as recorded_ U'i lJ)t! kn(~ l\1I F\l1'i$ - R - otQer 'vf _ Deed~ for f,ri~ (J~ce (;f the._ -Mlln:Bno.k 41. P~e 1M', C\\ll\~htr1Cou~~m/ili ii-:i.ancb ~t'J\e d'lo'ellin$, JiJid bel!)!!' \mpro;__ '.'11 ':-: \'jOuse;_ _ :;-JBjn(~'(ne....ertndes!" w ~I\ ,UNDER A.."iP- lj( -- "::" rl'~1ils 0\ WIW, and ~~'ctioM; e~Jie[ilenll, ~:!,::,-' , l"4Jrtditi~_,()frecord.- : :':' _;~ which Benjamin J. : :rrE1E1NG ,th~~~~f1f:.p:r~"-uah: aud about to Ill: :'(~mWi>:bY_ iJj.;\;~ _~, _~-e: -:---- --- -- -ctn,Weye:d urtto oifiCd-~[tt__granteii_:_Jitid --- S ~i\or. :',',,~...----.......'...........".'.Th.";.ll1r. ..J..r, arid Penny -' A..a\lf\:c:nce \'if. ~:"'-' ,_ ::::MQrt~w\>hertll1. - i.t..i. " ~ , LJ ". , _, -tl~~i~~,",:r ,.......-rii,. 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 Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circuiation, 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 secureiy attached hereto is exactiy as printed and published in their regular daily andlor Sundayl Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. 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 Coun f Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE#38 Notarial Seal Terry L. RU"~I, Notary Public Harrisburg, Dauphin County My Commission Expires June 6. 2002 NARY PUBLIC Member, Penn'y'vanla Association 01 Notari"l'lly commission expires June 6, 2002 CUMBERlAND COUN1Y SHERIFFS OFFICE CUMBERlAND COUN1Y COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 249.60 1.50 251.10 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... - 1'1 " "~" -~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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, V1Z: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements ~. to time, place and character of publication are true. , -- fi R6ger M. Morgenthal, Editor . SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 ~_.>u'"'... .~ NOTAR l~E.SNVO~~=IY._ ~~ ExpIreS 1.WCh5. 2005 My\llll""-' _ ~--- ....... .. =~W ~, ,1" 0 1.- , [..I -, ,",''',c- c"'. ,,~ ,~ i c I FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (1 1~) ~{i1- 7000 AURORA LOAN SERVICING ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION v. NO.01-2890 LAWRENCE M. FAILOR, JR. PENNY S. FAILOR CUMBERLAND COUNTY AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PTJRSTJANT TO P.R c: P, 404(Z)/401 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriffs Sale was made by sending a true and correct copy by certified mail to Defendant, LAWRENCE M. FAILOR, JR. at 878 N. 5TH AVENUE, INDIANA, PA 15701 which notice of Sheriffs Sale was received by Defendant, LAWRENCE M. FAILOR, JR. on 2/20/02 as evidenced by the attached return receipt. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. 5~ ~;i FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF March 27,2002 - f \t ~",~~,}'I:I:L 'la"" 70"1 7Ob? 3. - Service'Type- CER'TIFlE;D MAIL :! 4;:'~~te:d-D~ijv~ry?-(EXtra Fee) I: 1.- Article Addressed to: 'I: i: ii Ii Ii il Ii \j , II Ii " il Ii Ii l; li 1: LAWRENCE M FAILOR, JR. 878 N 5TH AVENUE INDIANA, PA 15701 FAILOR, L PS'F~im 3'Sfj,JuLy2ooi ' DYe~i l. " IJ _h_U_-_._~'_ I~ '''-'''_'''.,L~ " liilllil'~,.. . . .,' -,' . -,'" ;~i; JS-del1~e.y:$;ftlre~~r~rit:4_in:,h-'- IfYES"enterdeliveryaddress-,~; _ N '\f>- 11;,-- L..;> ,:5)'-0'",,\ /Q ,I c~ \ S.I l~ t 20 ) I , l)Mn.l J .,\" ,yJ-j1./ / " JfC:~)~'/ ~::~ Domestic Return ,R~iPJ TEAMS' ~- C) 0-- ., - - - ,--.-- ______u____,_ .',.CPi"".f.". ,0'''.,1:;;;,',-_'_'< ",-,_:-J~~~~~e ",D;YEfiC~'- 'D'Na .. lltif-~'"' ~ ~ ~-" - . ~. ",b i - - '__, - i ',I. 1 ~" ~, ,__ -. , __e",_- '-\.>- --'"",'Ji, "'. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: AURORA LOAN SERVICING ) ) CIVIL ACTION vs. LAWRENCE M. FAILOR, JR. PENNY S, FAILOR ) ) CIVIL DIVISION NO. 01-2890 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for AURORA LOAN SERVICING hereby verify that on 12/7/01 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 12/7/01 & 2/8/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: April 18. 2002 ~ /Ahf)L # 0U'L-4-~, FR NK FEDERMAN, ESQUIRE Attorney for Plaintiff .. . .. rl: . 1\ << ~ V') 1"1 8 " '" r- ~ ~ ~ 0 -< !::; "" ~ -< ~ "" t; ~. '" gj ;::: ~ ~ ... ~ u '"" """ vi' 0 ~ r- ei '" N U ;.< 1"1 '" 0 " 0>:: Pl -< ~ 0 !;2 ~~, "" 0 ~ ~ :;; t.'t,....~< ....l ;:$ '11 ~ ....l '" f::l ~m -,:'J 1"1 ~ 0 '""3' ~".J p.....-- ~ r- ~ \CI';(' , ~ ~ \ 0.-::--" " ~ -< ,. 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V).-_ l5 0.... ~ N ".j;l 62 9 ~ f!".c.~.5 "'0 .. g.. ~ = u.E - e <II -8 ;g ~ <I>::l _0"'''<::0'1 ;Z~'S~q ~<I>:E>88 ......s~~&l ~ = .S' '~ '" - o ~ ~ . 00 If'O)' !~ d' 00", . . .~E 000 'o'@ ~ ~ I ~.;: I Z~ I ~.~ f-'" N ~ , ] Ji eS .~ t.E Vi Z: -: ~.~ : :...A. M - ... ~ ~, . , - ~~ ' - ~-l~L: , - ?LbO 3901 "18414 70141 7067 . 7160 3'101 '16lf14 b52'1 751114 .~ . '" . , TO: LAWRENCE M FAILOR, JR. 878 N 5TH'A VENUE INDIANA, PA 15701 TO: LAWRENCEM.FAILOR,JR. 604 COPPER CIRCLE CARLISLE,PA 17013 SENDER: TEAM 5 SENDER: JPG REFERENCE: SALES REFERENCE: FAILOR, L US Postal Service PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees Receipt for Certified Mail '~~ ~f' Jo. US Postal Service Receipt for Certified Mail JTr<' 1) . I~I)\-;"//-h/ PS Fonn 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE " Return Receipt Fee Restricted Delivery Total Postage & Fees No Insurance Coverage Provided 00 Not Use fer internatIonal MaH No Insurance Coverage Provided Do Not Use for International Mail l.~u___........_.~._..._.._....~~..._..~._._. .~..._~..~.~..._......__._..__.._.._..~_.___~_.__ L_.._.__.___~~.....__.~___.______...._ _.___._......___ .___._~_._.~__::-__ 7160 3'101 '1&1414 ~52'l 7.551 TO: PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, PA 17013 SENDER: JPG 1 REFERENCE: SALES ~~\ii~,.ijl!Jgtlr!iTIY!tM,.!ililiuj'1l,m:L#.N;,'b~l;1~.ll!:"'''''&'k~I''hi:'''''''""<''''''iiU,,;'!;''U.,~.j~.11h;;i,vMm~1Ill!W'''''LJiI r.~ lGp .'__~. ",-,-~,_.""_~",'.""",,~,,,~~, _~""""'''''''''''~'_' ",,,,"t~~-">:'''''~''''''; ".<,~],.':.~, _ ~""~,."~,,,,.-.'~'V_ g <c','._ '.<, ~ ",. '\OfiIi!lIlf!lil!il!l_ait!i1h~II!.&~. ' """. "g ,.~.~-.., 1'\'lJl.l:I.ln~_ ~~''''''~III ~.- o c:: Z' 3JW 41!::;.:~ .!--..'.. ~is,c ~: ~;;:; P'c :2; :;:: , . " 'f C) f'J """ -<:.:' :>:l r-.:> p...J- o "Tj -;l~ "~~}0J :.~i6 ;.5~ 70 ~3rn .1.....,: :0 -< -;~J ::l:: "" (..'1 .1<',' -,.,,,,_.".~,,,,-~~ '''"__''.,,.,,_.<;,,^ "e .~ ~~~~.~__ ," ".,-,'"'''' I I ,_& , " , ok...) ~. """""li~"""-'- vp&- AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF AURORA LOAN SERVICING No. 01-2890 DEFENDANT(S) LAWRENCE M. FAILOR, JR. C) PENNY S. FAILOR "t'"<:-('\f\ ~. -~ SERVEI:.Kl..u~C I.F~ , .AT 604 COPPER CIRCLE CARLISLE,P A 17013 ACCT. #0007578487 Type of Action - Notice of Sberiff's Sale Sale Date: 3/6/02 SERVED Served and made known to ~'f'I()'f S \='a', \l)( ,Defendant,onthe~daYOf.~~,p\\l~2001, at ~', 3 t o'clock'e.m, at ls:1DL\ (~r" ('('\ {c.\~, CD.( Ii s;;o I DA. ,Commonwealth Sworn to and subscribed before me this _ day of ,200_. Notary: B, jJ JlJ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the day of ,200~ at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: By: Notanal Seal \ Lisa M, Greason, Notary Pyb\1c I Carlisle Boro, Cumberland :Ol(~~" ' ~~~. Commission Expires Sept. 9, _v'-':~J ~iW!iiJi~o*,~li~f~~i~,~~,^~,,,,,,,,~,-r;{:,,,;-_,.,;;4;;,,_,",;)..~,,,...;;~'t.i>~I'!k;.,,'~;@1I!~i~MiiliI~I~!li;OO~~~ltii!l ~ ~ tJ1f~:,t<:;,/",;ii!:1\r,~~b-_<;"~:,f!fJ,,,:];)AJ_;.<;,,~!,l..",,_;"~l.~Jh,)"",,,,,_ '.0,;'" """,,~__' .C->'i<". >e. _ ..,~ _~ .-, -....w.-~, . '~,~"~ "- "~ ,~ >,'''' 0 <:::> 0 c N> " s:: c.... .,_1 -V OJ """ ~~~ :!~; !:!.Jrr; % 2.:D N> ~r:;:; ZC; w ~_i50 cn~e :;).::) 2.:'- <0 > '1 ~!-, :.':L"'-l ~O :;J!: 00 >g 9- t5m ~ "" 0 ~ .r:- !!li ,,,,,~",""""" , ,- '- ~ ~ "; ~ --a' "..I " ' .'",,--, -'1tN'J: ~ .. # PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 AURORA LOAN SERVICING Plaintiff, v. No. 01-2890 LAWRENCE M. FAILOR, JR. PENNY S. FAILOR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $100,515.71 j Interest from 6/18/01 to 3/6102 (per diem -16.52) $4,311. 72 and Costs TOTAL $104,827.43 FRAJ~AN'~ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103 -1814 Attorney for Plaintiff Note: Please attach description of property.No. ""'~';"_;!i~~~';:: ~%l!~lrliiilill1@~ii:;I~ig,;J~;Hi'i~jii;i!l!'!:\'h"'~11'i1"l~!,,~"-'.;i'('''..''' ",' 'GJ''''';,,''; ''''''''f''i0,,~< ,,~,,;,L"'i.$>~,,)H.jH:iilJjj~&Ill_If--~" ll!Ii~ril!J ,,\1 'I" ~-_'-'Jii;:i!,~~ 'i'-. ,~. ~ l1i ~, """"'""I -,' ...::l OZ OO~ <... r-l>< "'00 ~Z Zz Or-l :::J~ :::J " O~ UZ ...~ 00 ...U ~~ ~Z 0< Usj r-lr-l ~~ Z~ ....U ~:;[~il~",..,.,..o__ ,___ ~_ . __ . ~_",v"'._"<_ ~--- ,'~'" . ~ , c Z .... U ~ r-l 00 ~ o ... ~ ~ ~ <Ii ;;. ~ ... pf~ 00 ...... ~< .... :::Jr:1.i ~~ [:;j~ ~ ... " ',~ -"~~ Z o .... ... ~ U ~f' r-l = ... !1 0<:: ... f:: ;:~ ~~ ~ '" 01>Jl ...~ r-l6 ~ .... U ~ ~ .0 '" - ~ "' :;:: '-8 a i5: k <B ~ o ~ ~ r-l U Z ~~ <~ er-l ...,~ .... '-" ~..., .... .... <~ ~.... "< ~~ 00 " ....r-l ~~ ~~ ~U U . ~~ ....0 uO ~... ~~ ~... 0< U\O ""'''''' O~ \0 ,.., '" '" .13 "" < C) C ~;..'-, t:JC': nlm ~i~:.~ ~~~. r,::c )>- zCc'.< "'" ' .i> ~;: :::, -< 7':' ~~ '" .,;j '" c '" '" '" .n ~ S ~ g- o, '" ~ ~ ,~-' ~ n 1. J c' i;;) -....'. c' r~ , ~ ~ - 1'f" ~ '" t." r " '. ~~ i. '" j ,- ~" ,~ ' ' ~,- ~-' .<.ex .'" , -X" .\!i; " ~~ .. , Am. that certain tract of .land with the irnproverrents thereon erected, situate in South Middleton Township, Cunberland County, Pennsylvania, bounded and described as Follows: BEGINNING at a point on the Western side of Copper Circle, on the dividinq line between Lots Nos. 2 and 3 on the ilereinafter mentioned Plan of T.ots; thence by said dividing line, scu"h 58 degr""'''' 4:: ,.linutes West 150 feet <:0 a point; t.'1ence North 31 degrees 20 minutes west 100 feet to a point; thence by me dividing line between Lots Nos. 1 and 2 on said Plan of Lots, North 58 degrees 40 minutes East 150 feet to a point on the Western side of Copper circle; thence by the Westenl side of Copper Circle, South 31 Pegrees 20 minute East 100 feet to the Place of ElEGINNING. BEING Lot No. 2 of Section "0" of the Plan of Lots known as Forge Road Acres, as recorded in the office of the Recorder of Deeds for cumberland County in Plan Book 22, Page 169; and beinq improved with a ranch style <..'welling house. UNDER AND SUBJECT NEVERI'HELESS, to all restrictions. easerrents. rights of way, and conditions of record. IT BEING the same premises ',lhich Benjamin J. Garman, by deed of even date and about to be recorded herewith granted and conveyed unto Lawrence M. Failor. Jr. and Penny S. Fail=. Mortgagors herein. .JliH;-:ft'g ;,&,-,:;,1-",~,,,,;,,~,,,,,,,,,,;;:!A" ~<'<I.g;1ll1iih.'I.~~ Il5lT """""'~ lNiJr::1>-l~.iiI~ , 'fu~'- ~ -~ ~':!Iir'"'.i!!flilililLL.!i ~;~!!t:aH~i;;ji"JiiOOii&~lfji;!:\lifuijS'~~-- - -' ; l:;f _,."H"..i,~~ ' J2r ' ffiB~i"'~i"'.":" "" GR ~ --- -'" .3~ ~R (Y ~!%l:~:*..!!lIlb . ,"""'''.,~,~.~ 3_' ,. _ ~_""",",__,_,,,,,,'._"'''',"_'''_' "''''''"",''''''''',i''_'''' \' r (~ -~ '-> ..., '\-> o - ~; :i - --.. ~ "'^ ~ --- 0-.J -B-~ ~ ~ ~ '$ '""- 9"\ ' \ -. "- '8 <::l 0 ~, - ~""","",,,"~ ' ~ "=~- ,~, o c vB~ n1rl~' ~:-j~ (nS' 2~;~'-i <-<.~-' >,,~ zu ~-(-, ~~~ -\ -< c o ,;"'1 C'") -~ . (~~) "';"1 C) _.~~ ~~ I 'd CJ ,:rt: ~~-:l 'Xl ~< -,." -"'~ N :J1 (? ,:: ~ t-'-': Ii!!'"! J'_'" ;",-j _ ,c>'.';',.-j "' "-~@. ~ AURORA LOAN SERVICING ~ CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS LAWRENCE M. FAILOR, JR. PENNY S. FAILOR CIVIL DIVISION NO. 01-2890 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) AURORA LOAN SERVICING, 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 .604 COPPER CIRCLE. CARLISLE.PA 17013 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CARLISLE,P A 17013 PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CARLISLE,P A 17013 PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, P A 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4~--"- ,-I --';' ~ ' -1 -,,;, "," "0", --IlL , .. ....'" 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO. OF PA 419 STONEHEDGE DRIVE, ST. 2 CARLISLE, P A 17013 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 604 COPPER CIRCLE CARlISlE,PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 :~::1:1 C.S S~.49~-..m==r:;OO~I~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff _lli\M!!.!!i~.illii..~hiE"jj,i~!!<:};,fr~~;;j;5;lIi'all~~;~",::if<~8:ij:!:-~"", ,1;, ;,':"'fi,,,,;-,,;,..,,.ikUtJili.li!A"'!i~'ijiiiaf'. ,,=,,-'~'--'~"~"-'.'. .~, .'Ii1IiIa......"'i[1""~~-'~:i ilti'....'d''4W~ll '~<- "- ~2 ';::-.::;:: -at:',: f\"lF' ~(:t r:"C' ~::::. -~.....-.. -Zl~ ~,.;.~,: ,- 3. c...'"') eJ :'-<j.'~ C-) c::> '.1:.) :3,; ;;-1 :".-"1- ,:;:J III&l -'i-',I ~ 1"~' -- , ~'~ ;,-j, :i:; -< ~ "'~ ~ .~ .. ...~ ~~-j _ I ., ~ ;,. ,- I - . ;.1. -_."'~_ -",,', ';X FEDE~andPHELAN . By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION LAWRENCE M. FAILOR, JR. PENNY S. FAILOR NO. 01-2890 Defendant(s). 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: (X) an FHA mortgage () non-owner occupied () vacant o 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. u~,} FRANK FEDERMAN~ ESQUIRE Attorney for Plaintiff i1liIDlil,~If.1l<ilE.Mn~~*fil:'hGL'I&hM,alkHi"l'2,r~E>,;,l!Mitk~~g'5"dh -~.,'Vi,~'Ij,I'd,"o-;' '1,,,,,;-,,,,,",~",,,'"41,';j~,-~~~ "!14,1.ll~,~"",,, "q_" """""" '.', "~,'S"",,-""""""'>,~,,, "'~.-",r~~ .',"'" _ e,_ ~'~.-'--', """ -"':1~',jW~_~;;w>l'~ .,~,-~ (I ~'" ';.:;:; 5~ ?2. ;;f; zc., ~~;-,: CC) ~;t~.. >~S::::;. c ~~.-' :2 """""~"IT[~- ~.~' Hi:! C~j --\1 c:J Cl-t ,--' - o "0 -' ...:-~~~\ r:~) ~l1 ':::'-, -2 (? 'Iii ".~~-.~ , , , "~ hi, '''''"""""., '.' ~ 'J~'JM"~;;;' ~. AURORA LOAN SERVICING Plaintiff, CUMBERLAND COUNTY v. No. 01-2890 LAWRENCE M. FAILOR, JR. PENNY S. FAILOR Defendant(s). December 7,2001 TO: LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CARLISLE,PA 17013 PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, PA 17013 "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 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, 604 COPPER CIRCLE, CARLISLE,PA 17013. is scheduled to be sold at the Sheriff's Sale on 3/6/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 100.515.71 obtained by AURORA LOAN SERVICING (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sal~. 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: 1. 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. 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 notice on page two on how to obtain an attorney.) , , ."" ," '';;', , '~,~,,~" """1, #, YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have the 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. 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 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 : .- -j- ._J,-..'1 ,,;,1 ~, ,. , -- " -,,-' ,'--, '-i-.'~ -~,"" - <- ,,~~ -'<'-E -: , '. AI!L that certain tract of land with the improvements the-reon erec~ed, s:.tuata in SOt..."t:,. Middleton Tcwnship, CWlberland Coc...~ty, Pennsylvania, bounc.e:::. ar.c. descrited as Follows: BEGINNING at a point on the Western side of Copper Circle, on tt'.e dividinq Ene cet'"",en Lots Nos. 2 ar.d 3 on the 'lerei...''laf-::er mentioned Plan of Lots; thence by said dividing line, sCl.;::::h 58 degra-=3 ~: .i.ii..rlutes West 150 feet 'Co a PJ':"'''1t; t..'"ler..ce Nor-..h 31 degrees 20 minutes west 100 feet to a point; thence by -:.'1e di"iding line between Lots Nos. 1 and 2 on said Plan of Lots, North 58 degrees 40 minutes East 150 feet to a point on the Western side of Copper circle; thence by ti'.e Westenl side of copper Circle, South 31 pegrees 20 minute East 100 feet to tr.e Place of BEGINNING. BEING Lot No. 2 of Section .0" of the Plan of Lots known as For96 RCaQ Acres, as recorded in the office of t.'1e Recor'--er of Deeds for CunberlaI'.d County i....: P:'ar: Book 22, Page 169; and beinq improved with a ranch style <..'welling house. UNDER AND SUBJECT NEVERI'HELESS, to all restrictions, easements. rights of way, and conditions of record. I'!' BEING tr.e same premises which Benjamin J. Ga..--man, by deed of ever. date and about to be recorded herewith granted and conveyed unto Lawrence M. Failor, Jr. and Penny S. Fai1=. Mortgagors herein. ~~~iinWil~ll1f,ii-;;:!,ffil(!~jHiii'-~~:!<\\~';i\"~' X0}_"-~i*"i!)*'kl"~ht--tllki(,,~_jilllliliiilaf~WI~I-~ ""=",,,,, '-8] ~.",,-,~, ~~ -r ~~. -; :- (') Cl () .-- -~ j ;:gff.; r.:::J "'1 ~~~ CJ G ~ _ ".1 r:l-'--! , ~;} -:.<"'-.- .~) ~= >~~> . 5>'-; r", c5 I-I' c oe-=--_ (;l ~ =< D -0 -< ~..-="'" , ,~-- . "= _~ ^e _~~ "_'W".~'" _.< ~.~ . ~. -'I ~ - 1 _,." _ ~ -.~ ~::: . FEDERMAN AND PHELAN By: FRAJ{KFEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff AURORA LOAN SERVICING 601 5TH AVENUE SCOTTSBLUFF, NE 69361 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff VS. LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CARLISLE, PA 17013 PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, P A 17013 : CIVIL DIVISION : NO. 01-2890 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against LAWRENCE M. FAILOR, JR. and PENNY S. FAILOR, 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 Plaintiff's damages as follows: As set forth in Complaint Interest 4/1/01-6/18/01 $98,636.30 $1.879.41 TOTAL $100,515.71 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) notice has been given in accordance with Rille 237.1, copy attached. ~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE:...... )/..uJs;' .;20 .;l,ecl (J.lA~.J k . I PRO PRO'E **THlS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREV/OUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BlJf ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** - ,~ " ~l;.":'._ '" ;" 1._1-._,' . .~, . ~., -,. -'-', "'- --!f:~': . FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563 -7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING COURT OF COMMON PLEAS CIVIL DIVISION vs. LAWRENCE M. FAILOR, JR. PENNY S. FAILOR CUMBERLAND COUNTY NO. 01-2890 Defendant(s) FILE Copy TO: LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CARLILSE, PA 17013 DATE OF NOTICE: JUNE 5.2001 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 ANY 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 lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have 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 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff 'l>81111l ~... ~ _t,. . , ~. - ,. ~ I~ -..; " &::0:1:" FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY LAWRENCE M. FAILOR, JR. PENNY S. FAILOR :NO.01-2890 Defendant TO: PENNY S. FAILOR 1946 A FRY LOOP CARLISLE,PA17013 FILE COpy DATE OF NOTICE: JUNE 5.2001 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 ANY 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 defens~s 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 notice to a lawyer at once. If you do not have 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 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 Frank Federman,Esquire-- Attorney for plaintiff , ~ . " _~ ~ 0.1 "~ I ~ ~ ,. ." "rWi:M'"ij SHERIFF'S RETURN - REGULAR . CASE NO: 2001-02890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICING VS FAILOR LAWRENCE M JR DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FAILOR LAWRENCE M JR the DEFENDANT , at 0018:09 HOURS, on the 15th day of May 2001 at 604 COPPER CIRCLE CARLISLE, PA 17013 by handing to LAWRENCE FAILOR 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: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: ~~-<~t R. Thomas Kline 05/16/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~~'Y\ ~. ~ Deputy Sheriff me this day of A.D. Prothonotary ~ - - ~ ~-- -.",- ,-. '<< ~- ~O~~ __ SHERIFF'S RETURN - REGULAR . CASE NO: 2001-02890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICING VS FAILOR LAWRENCE M JR DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE FAILOR PENNY S was served upon the DEFENDANT , at 0020:09 HOURS, on the 15th day of May , 2001 at 1946 A FRY LOOP CARLISLE, PA 17013 by handing to DAWN L. KELL a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.10 .00 10.00 .00 19.10 So Answers: ~~~~I R. Thomas Kline 05/16/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~WA)'Y\ %. ~ Deputy Sheriff me this day of A.D. Prothonotary . - '=- ~, " " e", ";:';"~,i-,' FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Snburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff AURORA LOAN SERVICING : CUMBERLAND COUNTY Plaintiff : Court of Common Pleas vs. : CML DIVISION LAWRENCE M. FAILOR, JR PENNY S. FAILOR : NO. 01-2890 Defendant(s) VERIFICATION 0F NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hefeby verifies that he is attorney for the - , Plaintiff in the above-captioned matter, ana 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 LAWRENCE M. FAILOR, JR. is over 18 years of age and resides at 604 COPPER CIRCLE, CARLISLE, PA 17013. (c) that defendant PENNY S. FAILOR is over 18 years of age, and resides at 1946 A FRY LOOP, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ FRANK FEDERMAN Attorney for Plaintiff . ,j;j~:L~lidl~~~if&3I!~.,,'!:l:CJ'je,,~nl~~"'&i'.""di"li,'Hi"t1,'~~iUOJ'W:,iii'""~!l,i'f0,L.!!'t,_".,;,\. >c." ~'!~..X,g.,,~.!~"'I.'ti\!'W'.e"'-'''' ~__~~~"vm~~fiJ:,u 17'-. . ~ ~ (:) ~ i -;0 (') c> {J 8 c s:: L. - un, C'" ~ Q)[~::~ ::2 ...... r .c:......-'.' I'>J - ~ ~j~ (=-' ~ ...... -<,..<- ",(-) W ~:c: ..'" --;--. "'0 ~~c; :!...I ~ 1- ....:'.... .:;.0:') .:j ...0 W ~-.;.rn p:: P'C ~ ~ -~ "" ~ -<. ;_ 'LI " , I L "~_ ., _,~> .... '"~,~."~~ _.'~'.'" T , -,'. ,. ,~,~ . -"," .. -,~ ~ .-~, r- l$ii-:'~ . (Rule of Civil Procedure No. 236 - Revised) AURORA LOAN SERVICING : CUMBERLAND COUNTY Plaiutiff : Court of Common Pleas vs. : CIVIL DIVISION LAWRENCE M. FAILOR, JR PENNY S. FAILOR : NO. 01-2890 Defendaut(s) Notice is given that a Judgment in the above captioned matter has been entered against you on JUNE r:2D ,2000. ..By ~J? f!.. 7r;.h/J./V. (DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philade1phia,PAc 19103-1814 (215) 563-7000 **TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TlIAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, 11DS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** .. .!- ~~_"",~~'.'~~m__. _~ - ~ '" ,;-, , ,'-" "'.~~ ~IJI"P, .;>'. .L SHERIFF'S RETURN - REGULAR CASE NO: 2001-02890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICING VS FAILOR LAWRENCE M JR DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FAILOR LAWRENCE M JR the DEFENDANT , at 0018:09 HOURS, on the 15th day of May , 2001 at 604 COPPER CIRCLE CARLISLE, PA 17013 LAWRENCE FAILOR 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: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: e'"~~~<~l R. Thomas Kline 05/16/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~~~.~ Deputy S eriff me thi s .l3....d day of ~ ~ Q,t,-v! A.D. (l .. R ~,'P:..J, ~ p~onotary u .......-=-." ~~" "" . - J. ,.J "Ca'" I fuJ~l"" ,'_ SHERIF~'S RETURN - REGULAR \ CASE NO: 2001-02890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICING VS FAILOR LAWRENCE M JR DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FAILOR PENNY S the DEFENDANT , at 0020:09 HOURS, on the 15th day of May 2001 at 1946 A FRY LOOP CARLISLE, PA 17013 by handing to DAWN L. KELL a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.10 .00 10.00 .00 19.10 So Answers: ~~~~~~, R. Thomas Kline 05/16/2001 FEDERMAN & Sworn and Subscribed to before By: PHELAN ~Q.W1\ %. ~ Deputy Sheriff me this 23.......... day of ~~I AD ,j2~ P othonotary ,~ ~ ., -' ~~."~ 1- ,- :lilj':;U , . FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400 One Penn Center Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff AURORA LOAN SERVICING PLAINTIFF COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY No. 01-2890 LAWRENCE M. FAILOR, JR. PENNY S. FAILOR DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. 7!l~1-~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: May 23, 2001 '. j J~ _~~~ .......' '-0 " . .ll: ~..,; .. . , VF1HFTr A T10N hereby states' that he/she is of mortgage servicing agent for Plaintiff In this maner. that he'she IS authorized to take this Verification, and that the statements made m the foregomg CIvil ActIOn in Mortgage Foreclosure are true and correct to the best ofhisfher knowledge. information and belie understands that this statement is made subject to the penalties of 18 e undersigned to unsworn falsification to authorities. {..~ III Beiifii Sr. VIce Presldenf DATE: 5-),1-0\ j.: j,. i": I U~J';; JfJnCls/prcCli