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HomeMy WebLinkAbout07-5769O? GOLDBECK McCAFFERTY & McKEEVER HY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 627-1322 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 vs. SCOTT A. FAILOR CRYSTAL L. FAILOR Mortgagors and Real Owners 217 Chestnut Street Mount Holly Springs, PA 17065 Plaintiff Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 6?-6'7(09 Civil Tern CIVIL CORTC bN: MORTGAGE- SURD NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-850-4622 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 56984FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, 500 Enterprise Road, Horsham, PA 19044-0696. 2. The names and addresses of the Defendants are SCOTT A. FAILOR, 217 Chestnut Street, Mount Holly Springs, PA 17065 and CRYSTAL L. FAILOR, 217 Chestnut Street, Mount Holly Springs, PA 17065, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On August 29, 2005 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR EQUIFIRST CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1920, Page 4040. The mortgage has been assigned to: U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE by assignment of Mortgage. Plaintiff is the real party in interest pursuant to a purchase or transfer of the mortgage obligation from the last record holder and an Assignment of Mortgage to Plaintiff has been and/or will be lodged for recording with the Recorder of Deeds in the ordinary course of business. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for February 01, 2007 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$92,277.64 Interest from 01/01/2007 through 09/30/2007 at 7.2000% .......................$4,968.59 Per Diem interest rate at $18.20 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph ...................$4,613.88 Late Charges from 02/01/2007 to 09/30/2007 .............................................$253.92 Monthly late charge amount at $31.74 Costs of suit and Title Search ......................................................................$900.00 Escrow Advance .......................................................................................$1,024.70 Property Inspections .......................................................................................$81.00 NSF ................................................................................................................$10.00 Monthly Escrow amount $210.50 $104,129.73 7. If the Mortgage is reinstated prior to a Sheriff s Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendants by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $104,129.73, together with interest at the rate of $18.20, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: r+K-Vll 0?,P 4P 0 k LD ECK McCAFFERTY & MCKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Bethany Hood , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date:sepk- cg Res tia ding Company, LLC flea Residential Funding Corporation Attorney in Fact Bethany Hood Default Services Jr. Officer #7439980707 - SCOTT A. FAILOR and CRYSTAL L. FAILOR EythibitA . SCHEDULE C LEGAL DESCRI'PTI'ON Commitment Number: PA005-032 File Number: FAILORABS ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Thomas A. Neff, Registered Surveyor, dated March 6, 1969, as follows: BEGINNING at a point, marked by a spike, on the Western side of Chestnut Street, said point being 316.25 feet South of the South side of West Butler Street; thence along the Western side of Chestnut Street, South 02 degrees 24 minutes East 39 feet to a point, marked by a 1/4-inch drill hole in the curb, at a comer of land now or formerly of William H. Kline; thence along said land, North 89 degrees 55 minutes West 180 feet to a stake on the Eastern side of a public alley; thence along said alley, North 04 degrees 00 minutes 20 seconds West 41 feet to a spike at a comer of land now or formerly of Merle R. Tate; thence along said land, South 89 degrees 20 minutes East 181.25 feet to the point and Place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling and other improvements, all of which premises are known and numbered as 217 Chestnut Street, Mt. Holly Springs, PA 17065. STEWAR.T TITLE Bf( 1920PG405Q 7 QUARANTY COMPANY E.Xhibit (B Homecomings Financial AGM Company March 07, 2007 0439980707 Crystal L Failor 217 Chestnut Street Mount Holly Springs, PA 17065 Re: Property Address: 217 Chestnut Street Mount Holly Springs, PA 17065 Certified Mail, Return Receipt Requested Loan Number: 0439980707 A default exists under the above referenced Mortgage/Deed of Trust loan agreement. The action required to cure the default is the payment of all sums due under the Mortgage/Deed of Trust loan agreement. As of the date of this letter the total amount due is $ 2,256.02. That sum includes the following: 3 payments totaling: $ 2,440.71 Late charges: $ 222.18 Other fees and/or costs $ 28.00 Unapplied Funds : $ 434.87 The total amount due shown above is subject to further increases for additional monthly payments, late charges, attorney fees, and/or other fees and cost which may become due, after the date of this letter. To obtain an update of the total amount due to cure this default, contact us at 800.799.9250. TO CURE THIS DEFAULT, SEND YOUR CASHIER'S CHECK, MONEY ORDER, OR CERTIFIED CHECK IN THE AMOUNT OF $ 2,256.02 BY April 06, 2007 TO THE FOLLOWING ADDRESS: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700 If the default is not cured within thirty (30) days of the mailing of this letter, the lender, without further notice or demand, will accelerate the maturity date of the Note and declare all sums secured by the Mortgage/Deed of Trust to be immediately due and payable. The lender then intends to have the property sold at a public foreclosure sale. After acceleration, a curing of the default and reinstatement of the loan will be permitted up to the time of the sale by paying the past due monthly payments and other sums then due under the Mortgage/Deed of Trust loan agreement and by complying with all terms of reinstatement. You have the right to bring a court action to assert the nonexistence of a default or any other defense that may exist to prevent acceleration and sale of the property. 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. Sincerely, Loan Counseling Department HLH *Homeownership counseling is available to you through the `Credit Counseling Resource Center' (CCRC), an alliance of consumer credit counseling agencies. The CCRC has been retained by Homecomings Financial to provide advice to you on credit issues, including how to reduce debt and improve cash flow management capabilities. You may contact them at 1.877.806.0775 for assistance at no cost to you, or you may wish to contact a HUD-approved housing counseling agency by calling 1.800.569.4287 for further information. Homecomings Financial 2711 North Haskell Avenue Suite 900 Dallas, Texas 75204 800.206.2901 Homecomings.com ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pa eg_s The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGFNCY WITHIN 30 DAYS OF TH DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1 800 -342-2397. (Persons with unpaired hearing can call 717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA RVIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION MVIEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDME R SU HIPOTECA. Date: March 07, 2007 TO: Crystal L Failor 217 Chestnut Street Mount Holly Springs, PA 17065 Premises: 217 Chestnut Street Mount Holly Springs, PA 17065 Re: Loan Number: 0439980707 FROM: Homecomings Financial Homecomings Financial A GMAC Company March 07, 2007 0439980707 Scott A Failor 217 Chestnut Street Mount Holly Springs, PA 17065 Re: Property Address: 217 Chestnut Street Mount Holly Springs, PA 17065 Certified Mail, Return Receipt Requested Loan Number: 0439980707 A default exists under the above referenced Mortgage/Deed of Trust loan agreement. The action required to cure the default is the payment of all sums due under the Mortgage/Deed of Trust loan agreement. As of the date of this letter the total amount due is $ 2,256.02 . That sum includes the following: 3 payments totaling: $ 2,440.71 Late charges: $ 222.18 Other fees and/or costs $ 28.00 Unapplied Funds : $ 434.87 The total amount due shown above is subject to further increases for additional monthly payments, late charges, attorney fees, and/or other fees and cost which may become due, after the date of this letter. To obtain an update of the total amount due to cure this default, contact us at 800.799.9250. TO CURE THIS DEFAULT, SEND YOUR CASHIER'S CHECK, MONEY ORDER, OR CERTIFIED CHECK IN THE AMOUNT OF $ 2,256.02 BY April 06, 2007 TO THE FOLLOWING ADDRESS: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700 If the default is not cured within thirty (30) days of the mailing of this letter, the lender, without further notice or demand, will accelerate the maturity date of the Note and declare all sums secured by the Mortgage/Deed of Trust to be immediately due and payable. The lender then intends to have the property sold at a public foreclosure sale. After acceleration, a curing of the default and reinstatement of the loan will be permitted up to the time of the sale by paying the past due monthly payments and other sums then due under the Mortgage/Deed of Trust loan agreement and by complying with all terms of reinstatement. You have the right to bring a court action to assert the nonexistence of a default or any other defense that may exist to prevent acceleration and sale of the property. 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. Sincerely, Loan Counseling Department HLH *Homeownership counseling is available to you through the `Credit Counseling Resource Center' (CCRC), an alliance of consumer credit counseling agencies. The CCRC has been retained by Homecomings Financial to provide advice to you on credit issues, including how to reduce debt and improve cash flow management capabilities. You may contact them at 1.877.806.0775 for assistance at no cost to you, or you may wish to contact a HUD-approved housing counseling agency by calling 1.800.569.4287 for further information. Homecomings Financial 2711 North Haskell Avenue Suite 900Dallas, Texas 75204 800.206.2901 Homecomings.com ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TH DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA DAPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION RAM[EDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDF, SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDRVE R SU HIPOTECA. Date: March 07, 2007 TO: Scott A Failor 217 Chestnut Street Mount Holly Springs, PA 17065 Premises: 217 Chestnut Street Mount Holly Springs, PA 17065 Re: Loan Number: 0439980707 FROM: Homecomings Financial HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELPYOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSITANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE HomeComings Financial Attn: Ryan Ramos 9350 Waxie Way Ste. 100 San Diego, CA. 92123 Fax: 858-514-5516 ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDED TO THE ABOVE REFERENCED ADDRESS. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 217 Chestnut Street, Mount Holly Springs, PA 17065 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from 01/01/07 to 03/01/07 totaling: $ 2,440.71 Late Charges: $ 222.18 Other fees and/or costs (including NSF charges and property inspections): $ 28.00 LESS: Unapplied Funds: $ 434.87 TOTAL $ 2,256.02 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT DUE TO THE LENDER, WHICH IS $ 2.256.02, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash, cashier's check. certified check or monev order made savable and sent to: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender, even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by pMjng the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by pgrforming any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Homecomings Financial 2711 N. Haskell, Suite 900 Dallas, TX 75204 Attn: Loan Counseling Department Phone: 1.800.206.2901 EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Loan Counseling Department Enclosure(s) List of Counseling Agencies 00 00 O ? N // V I -:7 i SHERIFF'S RETURN - REGULAR 'CASE NO: 2007-05769 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS FAILOR SCOTT A ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE FAILOR SCOTT A DEFENDANT , at 1751:00 HOURS, on the at 217 CHESTNUT STREET MOUNT HOLLY SPRINGS, PA 17065 CRYSTAL FAILOR, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.76 Affidavit .00 Surcharge 10.00 00 33 3 . 7 6 Sworn and Subscibed to before me this day of was served upon the 4th day of October , 2007 So Answers: R. Thomas Kline 10/08/2007 GOLD13ECK MCCAFFERTY MCKEEVER By: wa4? Deputy S iff A. D. FAILOR SCOTT A ET AL CASE NO: 2007-05769 P Ir COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PATT.np rPVgTAT, T. the DEFENDANT , at 1751:00 HOURS, on the 4th day of October at 217 CHESTNUT STREET MOUNT HOLLY SPRINGS, PA 17065 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 410j107 C?- SHERIFF'S RETURN - REGULAR 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day of , So Answers R. Thomas Kline 10/08/2007 GOLDBECK MCCAFFERTY MCKEEVER By. Deputy Sh ff A. D. , 2007 Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 T,.T TTTT r'4r1TmT l%,v nr?ar?R?v UT V A Q C4TTM 1[ DT Alk n 1-n1T1VTV PTi NNCVT.VANTA U.S. Bank National Association Plaintiff V. Scott A. Failor Crystal L. Failor Defendant CIVIL ACTION FORECLOSURE NO: 07-5769 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant(s) in the above matter. Date: I 1+ `'t o-? Attorney for Defendants, Michael E Stosic, Esq Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 (215) 913-5300 75 c-n C.n Michael E Stosic, Esq. Attorney ID: 90763 2207 Chestnut Street Philadelphia, PA 19103 Phone: 215-913-5300 1N TAri rnTTDgr nr rnMMnM PY FAQ rITMRTi27 . A Mn rn7TMTV Pri MMCVT S7 A MT A U.S. Bank National Association CIVIL ACTION Plaintiff FORECLOSURE V. Scott A. Failor I NO: 07-5769 Crystal L. Failor Defendant ANSWER and NEW MATTER 1. Defendant is without knowledge sufficient to form an answer 2. Admitted 3. The Defendant specifically denies each and every allegation in paragraph 3 and strict proof is demanded at trial. By way of further answer, to the extent that Paragraph 3 refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in Paragraph 3 are conclusions of law to which no responsive pleading is required. 4. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 5. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 6. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 7. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. By way of further answer, Defendant is entitled only attorneys fees actually occurred and strict proof is demanded. 8. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 9. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. 10. The Defendant specifically denies each and every allegation in said paragraph and strict proof is demanded at trial. By way of further answer, to the extent that said Paragraph refers to the Agreement, the document speaks for itself and no responsive pleading is required. By way of further answer the allegations averred to in said Paragraph are conclusions of law to which no responsive pleading is required. NEW MATTER 11. The Defendant hereby incorporates all prior paragraphs as herein stated. 12. The claim is barred by laches. 13. The claim is barred by the statute of limitations. 14. The claim is barred by equitable estoppel. 15. The claim is barred by negligence. 16. The claim is barred by novation. 17. The Plaintiff lacks standing to assert the claim. 18. Attorneys fees are in excess of reasonable rate and not a sum certain. VERIFICATION I, Michael E Stosic, Esq. do verify that the statements made in said pleading are true and correct. The reason for the substitute verification is that Defendant and her counsel are a significant distance away and time is of the essence to file said answer. Defendant will send a substitute verification. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsifications. Respectfully Michael E Stosic Esq ? ? ? ,.? ? r?' ? ? ? ? ' ,? _ ? ?,,?, =?'?'r ? ,,,(, .. ' ! l,s `? ?. .,YY f t.. s' ?µ ?k ...y, a In the Court of Common Pleas of Cumberland County U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff VS. SCOTT A. FAILOR CRYSTAL L. FAILOR (Mortgagor(s) and Record Owner(s)) 217 Chestnut Street Mount Holly Springs, PA 17065 Defendant(s) No. 07-5769 PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against SCOTT A. FAILOR and CRYSTAL L. FAILOR by default for want of an Answer. Assess damages as follows: Debt $105,305.81 Interest from 11/08/2007 to Date of Sale Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered, to the party against whom judgment is to be entered and to his attorney of record, if any, after the default o ast ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 u 6h . G oldbeck, Jr. mejy for Plaintiff #A132 AND NOW 9 , 02007 , Judgment is entered in favor of U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE and against SCOTT A. FAILOR and CRYSTAL L. FAILOR by default for want of an Answer and damages assessed in the sum of $105,305.81 as per the above certification. S r thonotary bA'NSN AWIOWjHIOW 341 JO M??O- Mq S . Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. SCOTT A. FAILOR CRYSTAL L. FAILOR (Mortgagors and Record Owner(s)) 217 Chestnut Street Mount Holly Springs, PA 17065 Defendant(s) No. 07-5769 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 56984FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: SCOTT A. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. SCOTT A. FAILOR CRYSTAL L. FAILOR (Mortgagor(s) and Record Owner(s)) 217 Chestnut Street Mount Holly Springs, PA 17065 Defendant(s) TO: SCOTT A. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 DATE OF THIS NOTICE: October 25, 2007 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 07-5769 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 osephA Goldbeck. _7r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 4+ "OIJ x( 7'1 I S =01 WV 6-- AON LODZ 56984FC THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: October 25, 2007 TO: CRYSTAL L. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. SCOTT A. FAILOR CRYSTAL L. FAILOR (Mortgagor(s) and Record Owner(s)) 217 Chestnut Street Mount Holly Springs, PA 17065 Defendant(s) TO: CRYSTAL L. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Tenn No. 07-5769 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 10sekh- A. G ec 9r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 1?1- t ? .fll Idtl 6? A4H LD?Z VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, SCOTT A. FAILOR, is about unknown years of age, that Defendant's last known residence is 217 Chestnut Street, Mount Holly Springs, PA 17065, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its A Date: ?? VINVAI?S,%3d LOU VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CRYSTAL L. FAILOR, is about unknown years of age, that Defendant's last known residence is 217 Chestnut Street, Mount Holly Springs, PA 17065, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendmorrts. Date: Nj,NVA-NSNW! . ?t t 1 S .01 ' 6~ tt4N LODZ 0% GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. # 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County SCOTT A. FAILOR CRYSTAL L. FAILOR (Mortgagor(s) and Record owner(s)) 217 Chestnut Street Mount Holly Springs, PA 17065 Defendant(s) CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 07-5769 ORDER FOR JUDGMENT Please enter Judgment in favor of U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, and against SCOTT A. FAILOR and CRYSTAL L. FAILOR for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of $105,305.81. r\ xl? Goldbeck, Jr. for Plaintiff I hereby certify that the above names are corrects" tI that the precise residence address of the judgment creditor is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044- 0696 and that the name(s) and last known address(es) of the Defendant(s) is/are SCOTT A. FAILOR, 217 Chestnut Street Mount Holly Springs, PA 17065 and CRr?L L. F ILOR, 217 Chestnut Street Mount Holly Springs, PA 17065; \ GO ECK McCAFFERTY & McKEEVER BY: J eph A. Goldbeck, Jr. Otto ev for Plaintiff vNvy\-l ISNN9d fir'll' 19 -.OS WV 6- AON LOOZ mvicii :UF- LW 3u ?o 30i=14-1-03lu ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $92,277.64 Interest from 0 1/0 1/2007 through $5,660.19 11/07/2007 Attorney's Fee at 5.0000% of principal $4,613.88 balance Late Charges $317.40 Costs of Suit and Title Search $900.00 Escrow Balance Deficit $421 00 ESCROW ADVANCE . $1 024.70 PROPERTY INSPECTIONS , $81.00 NSF CHARGES $10.00 $105,305.81 ECK McCAFFERTY & McKEEVER ph A. Goldbeck, Jr. for Plaintiff AND NOW, this` Q day of 2007 damages are assessed as above. r Pro Prothy r C'7 4r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County SCOTT A. FAILOR CRYSTAL L. FAILOR Mortgagor(s) and Record Owner(s) 217 Chestnut Street Mount Holly Springs, PA 17065 Defendant(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 07-5769 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 11/08/2007 to Date of Sale at 7.2000% (Costs to be added) $105,305.81 K McCAFFERTY & McKEEVER A. Goldbeck, Jr. . Plaintiff W W Q a z z o O ? 0 U H ° w Q z? ? z O O w z z Q 3 Z O cd O ;,d w U OQOZns ? W ? ., on Ov F o 0-0 ¢¢ ?Jo-- 1/' E^? fU o?a?x o? L) u W a R? C` cry W r ? d x U N b 0 c? Q 0 ti C R9 O 3 D- O ril ? 40 C-n a? L ? ? N U U ?b ?n U ? O ? N BOO a ? .L A' , ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Thomas A. Neff, Registered Surveyor, dated March 6, 1969, as follows: BEGINNING at a point, marked by a spike, on the Western side of Chestnut Street, said point being 316.25 feet South of the South side of West Butler Street; thence along the Western side of Chestnut Street, South 02 degrees 24 minutes East 39 feet to a point, marked by a 1/4- inch drill hole in the curb, at a corner of land now or formerly of William H. Kline; thence along said land, North 89 degrees 55 minutes West 180 feet to a stake on the Eastern side of a public alley; thence along said alley, North 04 degrees 00 minutes 20 seconds West 41 feet to a spike at a corner of land now or formerly of Merle R. Tate; thence along said land, South 89 degrees 20 minutes East 181.25 feet to the point and Place of BEGINNING. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 217 Chestnut Street Mount Holly Springs, PA 17065 SOLD as the property of SCOTT A. FAILOR and CRYSTAL L. FAILOR TAX PARCEL #23-32-2336-167 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5769 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff (s) From SCOTT A FAILOR CRYSTAL L FAILOR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 105,305.81 L.L.$0.50 Interest 11/08107 TO DATE OF SALE AT 7.2000% Atty's Comm % Due Prothy $2.00 Atty Paid $ 168.76 Other Costs Plaintiff Paid Date: NOVEMBER 9, 2007 (Seal) REQUESTING PARTY: Name JOSEPH A GOLDBECK, JR ESQ /,/ /? Liv is R. Long, Prothonotary 1, - By: Deputy Address: SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA. 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 1,31oldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. SCOTT A. FAILOR CRYSTAL L. FAILOR (Mortgagor(s) and Record Owner(s)) 217 Chestnut Street Mount Holly Springs, PA 17065 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 07-5769 AFFIDAVIT PURSUANT TO RULE 3129 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 217 Chestnut Street Mount Holly Springs, PA 17065 1.Name and address of Owner(s) or Reputed Owner(s): SCOTT A. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 CRYSTAL L. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 2. Name and address of Defendant(s) in the judgment: SCOTT A. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 CRYSTAL L. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: MERS, AS NOMINEE FOR EQUIFIRST CORPORATION P.O. Box 2026 Flint, MI 48501 MERS, AS NOMINEE FOR EQUIFIRST CORPORATION 500 FOREST POINT CIRCLE CHARLOTTE, NC 28273 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 217 Chestnut Street Mount Holly Springs, PA 17065 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 7, 2007 FCK McCAFFERTY & McKEEVER ph A. Goldbeck, Jr., Esq. for Plaintiff "?Q l7J G?. rv ? Z G7 ? C.n N 07-5769 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. SCOTT A. FAILOR CRYSTAL L. FAILOR Mortgagor(s) and Record Owner(s) 217 Chestnut Street Mount Holly Springs, PA 17065 Defendant(s Term No. 07-5769 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FAILOR, SCOTT A. SCOTT A. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 Your house at 217 Chestnut Street, Mount Holly Springs, PA 17065 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $105,305.81 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 07-5769 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 V, 07-5769 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-850-4622 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@goldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 56984FC. Para informacion en espanol puede communicarse con Loretta at 215-825-6344. rya cam, O AM Q 7 cn Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff vs. SCOTT A. FAILOR CRYSTAL L. FAILOR Mortgagor(s) and Record Owner(s) 217 Chestnut Street Mount Holly Springs, PA 17065 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 07-5769 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. v cry n3 -< SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 217 Chestnut Street Mount Holly Springs, PA 17065 SOLD as the property of SCOTT A. FAILOR and CRYSTAL L. FAILOR TAX PARCEL #23-32-2336-167 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 56984FC CF: 10/02/2007 SD: 03/05/2008 $105,305.81 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff Vs. SCOTT A. FAILOR CRYSTAL L. FAILOR Mortgagor(s) and Record Owner(s) 217 Chestnut Street Mount Holly Springs, PA 17065 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 07-5769 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: Personal Service by the Sheriffs Offi ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( } Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, c? BV: Joseph A. Goldbeck, Jr. Attorney for Plaintiff ?,oo ?wW } Q ? 2 yM N co 2 ? Lo 0: t ?0$ N a 00 g C . ., ? ' O a g r E;lS Ix 9 a ! ? ao No b c F.. I?l m C U > g U. a LL a m ?O?? LL O co •e C' W no' W t3 fA z RW d O N LL V) ? C,4 Q g d t^?? o W z N W L) z aQ Wv m?n Q 00 a zp Z p0 w z r U ° i c Ma p x ?g p i2 ? xW o C ?fJ0? m W l J a CL g Z QQ c MC 0 0 ?- ? E W 0 of W O _ Z c o SUn.0c) Q CM D am a x gU U gc3 ` . u r g V g r z a c W N? Y h o W?CWoM tow IV W Q"' z Z ? 11 Z Q?G = r (V CM ?t L6 ?O ti pp L • 4 C O 4 m O C a 0 a s M G O CO N O C 55 ,m U a -? to \\ U J? ti M LL LL i a U)i OC O _J Q W J a cr- U O J L¢L Q O U %J VJ 9- W6 V" WLDBECK MCCAMRTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. SCOTT A. FAILOR CRYSTAL L. FAILOR Mortgagor(s) and Record Owner(s) ACTION OF MORTGAGE FORECLOSURE Term No. 07-5769 217 Chestnut Street Mount Holly Springs, PA 17065 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 217 Chestnut Street Mount Holly Springs, PA 17065 1.Name and address of Owner(s) or Reputed Owner(s): SCOTT A. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 CRYSTAL L. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 2. Name and address of Defendant(s) in the judgment: SCOTT A. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 CRYSTAL L. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: MERS, AS NOMINEE FOR EQUIFIRST CORPORATION P.O. Box 2026 Flint, MI 48501 . MERS, AS NOMINEE FOR EQUIFIRST CORPORATION 500 FOREST POINT CIRCLE CHARLOTTE, NC 28273 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 217 Chestnut Street Mount Holly Springs, PA 17065 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: January 28, 2008 5dEDBECK cCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff ._ ni COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which U S BANK N A TR is the grantee the same having been sold to said grantee on the 11TH day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 9TH day of NOV, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 5769, at the suit of U S BANK N A TR against SCOTT A & CRYSTAL L FAILOR is duly recorded as Instrument Number 200823519. IN TESTIMONY WHEREOF, I have h reunto set my hand and.?sal of said office this ? day of A.D. U.S. Bank National Association as Trustee In the Court of Common Pleas of VS Cumberland County, Pennsylvania Scott A. Failor and Crystal L. Failor Writ No. 2007-5769 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on December 05, 2007 at 1810 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Scott A. Failor and Crystal L. Failor, by making known unto Crystal Failor, personally and adult in charge for Scott A. Failor at 217 Chestnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania and its contents and at the same time handing to her personally the said true and correct copies of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 9, 2008 at 1245 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott A. Failor and Crystal L. Failor located at 217 Chestnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Scott A. Failor and Crystal L. Failor by regular mail to their last known address of 217 Chestnut Street, Mt. Holly Springs, PA 17065. These letters were mailed under the date of January 08, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael McKeever, on behalf of U.S. Bank National Association, as Trustee. It being the highest bid and best price received for the same, U.S. Bank National Association, as Trustee, of 500 Enterprise Road, Horsham, PA 19044- 0696, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $958.12. Sheriffs Costs: Docketing $30.00 Poundage 18.39 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 11.52 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 355.00 Patriot News 307.04 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 958.12 So Answerr?s- R. Thomas Kline, Sheriff BYIJb JC? Real Estate S rgeant a 5ro ' ? L y?oZO ?lllG?S Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff VS. SCOTT A. FAILOR CRYSTAL L. FAILOR (Mortgagor(s) and Record Owner(s)) 217 Chestnut Street Mount Holly Springs, PA 17065 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 07-5769 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 217 Chestnut Street Mount Holly Springs, PA 17065 I.Name and address of Owner(s) or Reputed Owner(s): SCOTT A. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 CRYSTAL L. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 2. Name and address of Defendant(s) in the judgment: SCOTT A. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 CRYSTAL L. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: MERS, AS NOMINEE FOR EQUIFIRST CORPORATION P.O. Box 2026 Flint, MI 48501 MERS, AS NOMINEE FOR EQUIFIRST CORPORATION 500 FOREST POINT CIRCLE CHARLOTTE, NC 28273 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 217 Chestnut Street Mount Holly Springs, PA 17065 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /-? DATED: November 7, 2007 ECK McCAFFERTY & McKEEVER ph A. Goldbeck, Jr., Esq. for Plaintiff 07-5769 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. SCOTT A. FAILOR F CRYSTAL L. FAILOR Mortgagor(s) and Record Owner(s) 217 Chestnut Street Mount Holly Springs, PA 17065 ACTION OF MORTGAGE FORECLOSURE Defendant(s Term No. 07-5769 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FAILOR, SCOTT A. SCOTT A. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 Your house at 217 Chestnut Street, Mount Holly Springs, PA 17065 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $105,305.81 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 07-5769 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 07-5769 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-850-4622 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention@Roldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 56984FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 07-5769 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW vs. SCOTT A. FAILOR CRYSTAL L. FAILOR Mortgagor(s) and Record Owner(s) 217 Chestnut Street Mount Holly Springs, PA 17065 ACTION OF MORTGAGE FORECLOSURE Defendant(s Term No. 07-5769 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FAILOR, CRYSTAL L. CRYSTAL L. FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 Your house at 217 Chestnut Street, Mount Holly Springs, PA 17065 is scheduled to be sold at Sheriffs Sale on Wednesday, March 05, 2008, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $105,305.81 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 07-5769 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 07-5769 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717-243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at 800-850-4622 and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionggoldbecklaw.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 56984FC. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Thomas A. Neff, Registered Surveyor, dated March 6, 1969, as follows: BEGINNING at a point, marked by a spike, on the Western side of Chestnut Street, said point being 316.25 feet South of the South side of West Butler Street; thence along the Western side of Chestnut Street, South 02 degrees 24 minutes East 39 feet to a point, marked by a 1/4- inch drill hole in the curb, at a corner of land now or formerly of William H. Kline; thence along said land, North 89 degrees 55 minutes West 180 feet to a stake on the Eastern side of a public alley; thence along said alley, North 04 degrees 00 minutes 20 seconds West 41 feet to a spike at a corner of land now or formerly of Merle R. Tate; thence along said land, South 89 degrees 20 minutes East 181.25 feet to the point and Place of BEGINNING. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 217 Chestnut Street Mount Holly Springs, PA 17065 SOLD as the property of SCOTT A. FAILOR and CRYSTAL L. FAILOR TAX PARCEL #23-32-2336-167 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N007-5769 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff (s) From SCOTT A FAILOR CRYSTAL L FAILOR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 105,305.81 L.L.$0.50 Interest 11/08/07 TO DATE OF SALE AT 7.2000% Arty's Comm % Due Prothy $2.00 Arty Paid $ 168.76 Other Costs Plaintiff Paid Date: NOVEMBER 9, 2007 /sue /t 0!?" t (is R. Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A GOLDBECK, JR ESQ Address: SUITE 5000 MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA. 19106 Attorney for: PLAINTIFF Telephone: (215) 627-1322 Supreme Court ID No. 16132 Real Estate Sale #72 On November 30, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Mount Holly Springs Borough, Cumberland County, PA Known and numbered as 217 Chestnut Street, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2007 By:' 1- Real Estat(q ergeant The. Patriot-News Co. -11 • f 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the PaMot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 .................... Sworn to ?l ub ribed before roe this 25' 'ayi6frFebruary, 2008 A.D. Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheft L Kisner, Notary Public Cky Of HarrisWrg; Dauphin County My C.armbWw E)Oms Nov. 26, 2011 Mambar, Penrnylvania Association of Notaries REAL ESTATE SALE NO 72 Writ No. 2007-5769 Civil Term U.S. Bank National Association as Trustee VS Scott A. Failor and Crystal L. Failor Attorney Joseph Goldbeck DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs. Cumberland County, Pennsylvania, bounded anti described in accordance with a survey and plan thereof made by Thomas A. Neff. Registered Surveyor, dated March 6. 1969, as follows: BEGINNING at a point, marked by a spike, or. the Western side of Chestnut Street. said point being 316.25 feet South of the South side of West Butler Street: thence along the Western side of Chestnut Street, South 02 degrees 24 minutes East 39 feet to a point, marked by a 114 inch drill bole in the club, at a comer of land now or formerly of William H. Kline: thence along said land. North 89 degrees 55 minutes West 180 feet to a stake on the Eastern side of a public alley: thence along said alley, North 04 degrees 00 minutes 20 seconds West 41 feet to a spike at a comer of land now or formerly of Merle R. Tate: thence along said land. South 89 degrees 20 minutes East 181.25 feet to the point and Place of BEGINNING. 1M 'ROVEMENTS consist of a residential dwelling. BEING PREMISES: 217 Chestnut Street -:t Holly Springs, PA 17065 iLI) as the property of SCOTT A. FAILOR and CRYSTAL L. TAILOR TAX PARCEL #23-32-2336-167 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. '?: ? K- 4?- Lis Marie Coyne, Ed or SWORN TO AND SUBSCRIBED before me this day of February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 on"109AMMLRBe." Writ No. 2007-5769 Civil U.S. Bank National Association as Trustee vs. Scott A. Failor and Crystal L. Failor Atty.: Joseph Goldbeck DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Mount Holly Springs, Cumberland County, Penn- sylvania, bounded and described in accordance with a survey and plan thereof made by Thomas A. Neff, Registered Surveyor, dated March 6, 1969, as follows: BEGINNING at a point, marked by a spike, on the Western side of Chestnut Street, said point being 316.25 feet South of the South side of West Butler Street; thence along the Western side of Chestnut Street, South 02 degrees 24 minutes East 39 feet to a point, marked by a 1/4- inch drill hole in the curb, at a comer of land now or formerly of William H. Kline; thence along said land, North 89 degrees 55 minutes West 180 feet to a stake on the Eastern side of a public alley; thence along said alley, North 04 degrees 00 minutes 20 seconds West 41 feet to a spike at a corner of land now or formerly of Merle R. Tate; thence along said land, South 89 degrees 20 minutes East 181.25 feet to the point and Place of BEGINNING. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 217 Chest- nut Street, Mount Holly Springs, PA 17065. SOLD as the property of SCOTT A. FAILOR and CRYSTAL L. FAILOR. TAX PARCEL #23-32-2336-167. Assignment of Bid NO. 07-5769 - FAILOR 217 Chestnut Street Mount Holly Springs, PA 17065 I, Michael T. McKeever, Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated June 11, 2008 to: U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 500 Enterprise Road Horsham, PA 19044-0696 GOLDBECK MCCAFFERTY & MCKEEVER Date: June 17, 2008 MICHAEL T. MCKEEVER