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HomeMy WebLinkAbout08-6342l/ MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania 636 Grand Regency Boulevard Brandon, FL 33510, Attorney for Plaintiff File: 22.09412 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.. Q? - & 3q;, Vs. CIVIL ACTION MORTGAGE FORECLOSURE Jeffrey Gaver 109 Locust Street Shippensburg, PA 17257, and Shirley Gaver 109 Locust Street Shippensburg, PA 17257, Defendants. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania 636 Grand Regency Boulevard Brandon, FL 33510, Vs. Plaintiff, Jeffrey Gaver 109 Locust Street Shippensburg, PA 17257, and Shirley Gaver 109 Locust Street Shippensburg, PA 17257, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: m p - G 31-/•2 ? ?? CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 636 Grand Regency Boulevard, Brandon, FL 33510. 2. Defendants, Jeffrey Gaver and Shirley Gaver, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Jeffrey Gaver, Defendant, resides at 109 Locust Street, Shippensburg, PA 17257. Shirley Gaver, Defendant, resides at 109 Locust Street, Shippensburg, PA 17257. 4. On May 6, 2004, in consideration of a loan in the principal amount of $72,341.04, the Defendants executed and delivered to Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania an adjustable rate note (the "Note") with interest thereon at 10.980 percent per annum, payable as to the principal and interest in equal monthly installments of $707.98 commencing June 6, 2004. The current interest rate is 8.18 percent per annum. 5. To secure the obligations under the Note, the Defendants executed and delivered to Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania a mortgage (the "Mortgage") dated May 6, 2004, recorded on March 30, 2007 in the Department of Records in and for the County of Cumberland under Mortgage Book 1986, Page 4771. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 109 Locust Street, Shippensburg, PA 17257. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due July 11, 2008, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ..................................$66,842.82 Accrued but Unpaid Interest from 6/11/08 to 10/24/08 @ 8.18% per annum ($14.98 per diem) ........................................$2,037.28 Accrued Late Charges ......................................$56.60 Corporate Advance .........................................$914.50 Additional Interest Due ..................................$764.30 Title Search Fees ............................................$350.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 10/24/2008 ..........................$72,215.50 Plus, the following amounts accrued after October 24, 2008: Interest at the Rate of 8.18 per cent per annum ($14.98 per diem); Late Charges of $28.30 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 109 Locust Street, Shippensburg, PA 17257 as well as to address of residences as listed in paragraph 3 of this document on September 22, 2008, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $72,215.50, plus the following amounts accruing after October 24, 2008, to the date of judgment: (a) interest of $14.98 per day, (b) late charges of $28.30 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney for Plaintiff VERIFICATION I, Mary L. Harbert-Bell, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unworn falsification to authorities. Name: Mary L. Harbert-Bell, Esquire Title: Attorney . ` _TJ C ( ? ? e3I' ? 1J ? ?? j? W ^V ?S SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-06342 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS GAVER JEFFREY ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: GAVER JEFFREY but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT GAVER JEFFREY 216 WEST KING STREET SHIPPENSBURG, PA 17257 PER DEFENDANT, THEY NEVER LIVED AT THIS ADDRESS. NOT SERVED , as to --'? - _ 3 Sheriff's Costs: So answers* Docketing 6.00 Service .00 Affidavit .00 R. Thomas Kl' e Surcharge 10.00 Sheriff of Cu erland County .00 T-16.00 MILSTEAD & ASSOCIATES 11/12/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-06342 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS LAVER JEFFREY ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: GAVER SHIRLEY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , GAYER SHIRLEY 216 WEST KING STREET NOT SERVED , as to SHIPPENSBURG, PA 17257 PER JEFF, THEY NEVER LIVED AT THIS ADDRESS. Sheriff's Costs: So answers- Docketing 6.00 Service .00 Affidavit .00 R. Thomas Kli e Surcharge 10.00 Sheriff of Cumberland County -no ???1p?oP 16.00 0 MILSTEAD & ASSOCIATES 11/12/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06342 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS GAVER JEFFREY ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GAVER JEFFREY the DEFENDANT , at 1010:00 HOURS, on the 7th day of November-, 2008 at 109 LOCUST STREET SHIPPENSBURG, PA 17257 JEFFREY GAYER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 20.00 oe .Q? Affidavit .00 Surcharge 10.00 R. Thomas Kline n .00 48.00 11/12/2008 MILSTEAD & ASSOCIATES Sworn and Subscibed to By: before me this day /Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06342 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS LAVER JEFFREY ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GAVER SHIRLEY the DEFENDANT , at 1010:00 HOURS, on the 7th day of November-, 2008 at 109 LOCUST STREET SHIPPENSBURG, PA 17257 JEFFREY GAYER, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ))) I QIDY 9+^? Sworn and Subscibed to before me this So Answers: 6.00 .00 .00 10.00 R. Thomas Klin .00 16.00 11/12/2008 MILSTEAD & ASSOCIATES By. day Deputy ffheriff of A. D. w. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company COURT OF COMMON PLEAS DB/A Beneficial Mortgage Co of CUMBERLAND COUNTY Pennsylvania 636 Grand Regency Boulevard Brandon, FL 33510, Plaintiff, Vs. Jeffrey Gaver 109 Locust Street Shippensburg, PA 17257, and Shirley Gaver- 109 Locust Street Shippensburg, PA 17257, Defendants. No.: 08-6342- Civil Term PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Jeffrey Gaver and Shirley Gaver, Defendants, for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $72,215.50 Interest 10/25/08 through 12/22/08 883.82 Late Charges 56.60 Additional Corporate Advance 657.50 TOTAL $73,813.42 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordance with Rule 2 opy attached. Mary L. Harbert-Bell, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: ?? J6 3 Q atz I ?? P PR,0THON0TkkY___t_ / MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. Jeffrey Gaver and Shirley Gaver, Defendants. Our file number: 22.09412 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-6342- Civil Term TO: Jeffrey Gaver Shirley Gaver 109 Locust Street, 109 Locust Street, Shippensburg, PA 17257 Shippensburg, PA 17257 DATE OF NOTICE: December 12, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to 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 {00020971) Page I of 2 r 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 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC z??g By: Mary L. Harbert-Bell, Esquire ID No. 80763 Attorney for Plaintiff (00020971) Page 2 of 2 71 MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. Jeffrey Gaver, and Shirley Gaver, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-6342- Civil Term VERIFICATION OF NON-MILITARY SERVICE Mary L. Harbert-Bell, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Jeffrey Gaver, is over 18 years of age and resides at 109 Locust Street, Shippensburg, PA 17257, 3. defendant, Shirley Gaver, is over 18 years of age and resides at 109 Locust Street, Shippensburg, PA 17257. 4 ?? 9 Ma ry L. Harbe -Bell, Esquire ? ? ?> ? `,? _-- ? '? ? 4 c?-1 ? c? 7 ?::'? ,- ` } ? - --? , --s?: t- ; ?; ;? _ :--i . ?? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Beneficial Consumer Discount Company CIVIL ACTION DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, ; NO.: 08-6342- Civil Term Vs. Jeffrey Gaver and PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Shirley Gaver, Defendants. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: Jeffrey Gaver Shirley Gaver Real Property involved: 109 Locust Street Shippensburg, PA 17257 Amount Due Interest from 12/23/08 to 6/10/09 at $12.13 per diem (6%) $73,813.42 TOTAL (Costs to be added) DATE: February 24, 2009 Respectively submitted, Milstead & Associates, LLC Mary L. Harbert-Bell, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 {00326370} a CIO. T?F •(' a a o Q sv' f b a Cr CT 1, 4 4 ?_ 4 G _ C J ALL THAT CERTAIN lot of ground with the two and one half story frame dwelling house and other necessary outbuildings thereon erected, known as 109 Locust Street, situate in the Borough of Shippensburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the East side of Locust Street at corner of lot now or formerly of Frank Robinson; thence Northwardly along Locust Street twenty nine (29) feet to a point; thence Eastwardly along land now or formerly of Wolf Grove and Mary E. Wolf, ninety two (92) feet ten (10) inches to a point; thence along lot now or formerly of Rex E. Gilbert, now or formerly marked by a fence line, Southwardly twenty nine (29) feet; thence along said lot now or formerly of Frank Robinson, Westwardly ninety two (92) feet ten (10) inches to the place of BEGINNING. Being known as 109 Locust Street, Shippensburg, PA 17257 Tax Parcel Number: 34-34-2415-003 {00326370) L •. • MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company COURT OF COMMON PLEAS D/B/A Beneficial Mortgage Co of CUMBERLAND COUNTY Pennsylvania, No.: 08-6342- Civil Term Plaintiff, Vs. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Jeffrey Gaver and Shirley Gaver, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 109 Locust Street, Shippensburg, PA 17257: 1. Name and address of Owners(s) or Reputed Owner(s): Jeffrey Gaver 109 Locust Street Shippensburg, PA 17257 Shirley Gaver 109 Locust Street Shippensburg, PA 17257 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {00326370} 4. Name and Address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania (Plaintiff herein) 636 Grand Regency Boulevard Brandon, FL 33510 MERS, Inc. acting solely as nominee for Delta Funding Corporation 1000 Woodbury Road, P.O. Box 9009 Woodbury, NY 11797 MERS, Inc. acting solely as nominee for Delta Funding Corporation 3300 SW 34 Avenue, Ste. 101 Ocala, FL 34474 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 109 Locust Street Shippensburg, PA 17257 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 I verify that the statements made in the 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. Mary L. Harbert-Bell, Esquire Attorney for Plaintiff Date: February 24, 2009 {00326370} f-l c? - - "i 146 MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. Jeffrey Gaver, and Shirley Gaver, Defendants. TAKE NOTICE: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-6342- Civil Term NOTICE OF SHERRFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Your house (real estate) at 109 Locust Street, Shippensburg, PA 17257, is scheduled to be sold at sheriff's sale on June 10, 2009 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $73,813.42 obtained by Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). {00326370) 4 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 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 on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 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 YOU 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 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 22.09412 {00326370} .. ALL THAT CERTAIN lot of ground with the two and one half story frame dwelling house and other necessary outbuildings thereon erected, known as 109 Locust Street, situate in the Borough of Shippensburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the East side of Locust Street at corner of lot now or formerly of Frank Robinson; thence Northwardly along Locust Street twenty nine (29) feet to a point; thence Eastwardly along land now or formerly of Wolf Grove and Mary E. Wolf, ninety two (92) feet ten (10) inches to a point; thence along lot now or formerly of Rex E. Gilbert, now or formerly marked by a fence line, Southwardly twenty nine (29) feet; thence along said lot now or formerly of Frank Robinson, Westwardly ninety two (92) feet ten (10) inches to the place of BEGINNING. Being known as 109 Locust Street, Shippensburg, PA 17257 Tax Parcel Number: 34-34-2415-003 {00326370} WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6342 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA Plaintiff (s) From JEFFREY GAVER AND SHIRLEY GAVER (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$73,813.42 L.L.$.50 Interest FROM 12/23/08 TO 6/10/09 AT $12.13 PER DIEM (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $215.00 Plaintiff Paid Date: FEBRUARY 25, 2009 (Seal) REQUESTING PARTY: Other Costs 14 tA I'. iC'Gtis R. L r ono By: Deputy Name MARY L. HARBERT-BELL, ESQUIRE Address: 220 LAKE DRIVE EAST, SUITE 301, CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856482-1400 Supreme Court ID No. 80763 MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff neneuciai %-onsumer Ulscouni t-ompany ju/ s/A uuuKl Vr uummuIV Beneficial Mortgage Co of Pennsylvania, CUMBERLAND COUN Plaintiff, Vs. Jeffrey Gaver and Shirley Gaver , Defendants. NO.: 08-6342- Civil Term AFFIDAVIT PURSUANT )[0 Pa.R.C.P. 3129.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Mary L. Harbert-Bell, Esquire, being duly sworn according to law upon my oath, depose and say, 1. On April 2, 2009, a copy of the Notice of Sheriff s Sale of Real Propertwas served on the defendant by certified mail, returned receipt requested. Copies of the sign certified cards are attached hereto and made a part hereof as Exhibit "A". 2. On April 1, 2009 & May 8, 2009, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate Of mailing is attached hereto and made a part hereof as Exhibit "B". Dated: June 9, 2009 Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 Milstead and Associates, LLC {00352821} Art -Number-`- --------- • A. R•ceiv0 by (t'leas• P 7 C.3) B. oat 160 3902 9445 dd71 147 6460 . CL 4 Resfict TYPe CERTIFIED MAIL D if YES, an ? rera loom 1? V i INwery1(ExtrS Fee) a` drsss below: I i• A+tide Add ?Yes C ressed to: JefrreY Gaver 109 Locust Street e r ShPPensbur g, PA 17257 22.0 412 PAW pS Forth 38i 1, Januar Y 20p5 aon?estic Retum Receipt ArticleNurnber ---- - -------- - ,-- till tjftrttAl e 4 Iiiii C. "' a 4 7160 3901 ft _,e 9d45 dd71 6953 Xna \ o 3• Service Type CER tIFIED MAIL ?t S• enter W dNt°r°"t fr°^+ It? 0 t 4. Restricted to? Y ears 0 rY? 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Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which BENEFICIAL C D C DBA BENEFICIAL MTG CO OF PA is the grantee the same having been sold to said grantee on the I OTH day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 25TH day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 6342, at the suit of BENEFICIAL C D C DBA BENEFICIAL MTG CO OF PA against JEFFREY GAVER & SHIRLEY is duly recorded as Instrument Number 200923824. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 9 day of A.D. OZO6 9 Recorder of Deeds TW&AU C1 W43. Cumba(and County, C&,WW, PA * L'a mWm E*bu to Fht Monday of Jan. 2010 In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-6342 Civil Term Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania VS Jeffrey Gaver and Shirley Gaver William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2009 at 1830 hours, he 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: Jeffrey Gaver and Shirley Gaver, by handing both to Jeffrey Gaver, personally, at, 214 East Orange Street, Apartment A, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2009 at 1630 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 Jeffrey Gaver and Shirley Gaver, located at, 109 Locust Street, Shippensburg, Cumberland County Pennsylvania, according to law. 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: Jeffrey Gaver and Shirley Gaver, by regular mail to their last known address 214 East Orange Street, Apartment A, Shippensburg, PA 17257. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 10, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mary Harbert-Bell, on behalf of Beneficial Consumer Discount Company, D/B/A Beneficial Mortgage Co of Pennsylvania of 636 Grand Regency Blvd, Brandon, FL 33510 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 902.48 Sheriff's Costs: Docketing Poundage 30.00 Posting Bills 17.70 Advertising 15.00 Acknowledging Deed 15.00 Auctioneer 48.00 Law Library 10.00 Prothonotary .50 Milage 2.00 36.00 Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 15.00 30.00 355.00 238.35 15.43 25.00 49.50 902.48 ? V/46 9 So Answers, R. Thomas Kline, eriff By ?. Real t o Coordinator L (3 N .2. " a . s-D /- J-. yP= [rv a.,-k-, dae- C12. *770G87 ,,-2j MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. Jeffrey Gaver and Shirley Gaver, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-6342- Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 109 Locust Street, Shippensburg, PA 17257: 1. Name and address of Owners(s) or Reputed Owner(s): Jeffrey Gaver 109 Locust Street Shippensburg, PA 17257 Shirley Gaver 109 Locust Street Shippensburg, PA 17257 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known X6370} 4. Name and Address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania (Plaintiff herein) 636 Grand Regency Boulevard Brandon, FL 33510 MERS, Inc. acting solely as nominee for Delta Funding Corporation 1000 Woodbury Road, P.O. Box 9009 Woodbury, NY 11797 MERS, Inc. acting solely as nominee for Delta Funding Corporation 3300 SW 34 Avenue, Ste. 101 Ocala, FL 34474 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 109 Locust Street Shippensburg, PA 17257 Commonwealth of Pennsylvania Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the 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. Mary L. Harbert-Bell, Esquire Attorney for Plaintiff Date: February 24, 2009 16370} MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania, Plaintiff, Vs. Jeffrey Gaver, and Shirley Gaver, Defendants. TAKE NOTICE: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-6342- Civil Term NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Your house (real estate) at 109 Locust Street, Shippensburg, PA 17257, is scheduled to be sold at sheriff's sale on June 10, 2009 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $73,813.42 obtained by Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). {00326370) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 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 on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 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 YOU 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 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 22.09412 {00326370} ALL THAT CERTAIN lot of ground with the two and one half story frame dwelling house and other necessary outbuildings thereon erected, known as 109 Locust Street, situate in the Borough of Shippensburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the East side of Locust Street at corner of lot now or formerly of Frank Robinson; thence Northwardly along Locust Street twenty nine (29) feet to a point; thence Eeswardly along land now or formerly of Wolf Grove and Mary E. Wolf, ninety two (92) feet ten (10) inches to a point; thence along lot now or formerly of Rex E. Gilbert, now or formerly marked by a fence line, Southwardly twenty nine (29) feet; thence along said lot now or formerly of Frank Robinson, Westwardly ninety two (92) feet ten (10) inches to the place of BEGINNING. Being known as 109 Locust Street, Shippensburg, PA 17257 Tax Parcel Number: 34-34-2415-003 {00326370) Real Estate Sale # 84 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Shippensburg, Cumberland County, PA Known and numbered as 109 Locust Street, Shippensburg, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By: C'C-?-LP Y L r ty G G G r? s'j ?? The Patriot-News Co. 812 Market St: Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 This ad ran on the date(s) shown below: 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 Real Estate Oda No. 84 !'rrlt No. 3000.0942 Civil Term BaneffoW Consumer Discount o3ompany, dAWa Beneficial Mortgage Cc of Pennsylvania . VS Jeffrey Gaver and Shirley Gaver Attorney Mary. Harbert-Bell LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the two and one half story frame dwelling house and other necessary outbuildings thereon erected, known as 10914Dcust Street, situate in the Borough of Sbippensburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEG]NNING at a point on the Fast side of Locust Street at corner of lot now or frrmerly of Frank Robinson; than Northwardly Long Locust Street twenty nine (29) feet to a point; thence Fastwatdly along land now or formerly of Wolf Grove and Mary E. Wolf, ninety two 92) feet ten (10) inches to a.point; thence along lot now or formerly, of Rex 13. Gilbert, norr or fmaaiy,merkod by a fence I?o, Southwady twenty nine (29) feet; thence along said lof now or formerly of Frank Robinson, Westwardly ninety two (92) feet ten (10) inches to the place 04/24/09 14e Patriot News Now you know 05/01/09 05/08/09 Sworn before f May, 2009 A.D. Notary Public C DNWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisrw, NoWy pLft Re* bosvo a l09 Locust Street, CorOrvnb&4 E ft Nov. 1 city Vii, !9117237 Tax parcel Number: 34-34.2413003 Member. Pennaylvanla Aasoolation or Noterw 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: May 1, May 8, and May 15, 2009 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. REAL ESTATE SALE NO. 84 Writ No. 2008-6342 Civil Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania VS. Jeffrey Gaver and Shirley Gaver Atty.: Mary Harbert-Bell ALL THAT CERTAIN lot of ground with the two and one half story frame dwelling house and other necessary outbuildings thereon erected, known as 109 Locust Street, situate in the Borough of Shippensburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point on the East side of Locust Street at corner of lot now or formerly of Frank Robinson; thence Northwardly along Locust Street twenty nine (29) feet to a point; thence Eastwardly along land now or formerly of Wolf Grove and Mary E. Wolf, ninety two (92) feet ten (10) inches to a point; thence along lot a Marie Coyne, Editor SWO TO AND SUBSCRIBED before me this 15 day of May 2009 ??LIAA440(2 Notary now or formerly of Rex E. Gilbert, now or formerly marked by a fence line, Southwardly twenty nine (29) feet; thence along said lot now or for- merly of Frank Robinson, Westwardly ninety two (92) feet ten (10) inches to the place of BEGINNING. Being known as 109 Locust Street, Shippensburg, PA 17257. Tax Parcel Number: 34-34-2415- 003. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010