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Home My WebLink About09-2589 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 ?,OHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount =COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania 961 Weigel Drive :Cumberland County Elmhurst, IL 60126 Plaintiff V. Dennis A. Albright Cathy L Albright NO. 1 Mount Zion Road Carlisle, PA 17015 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE 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. I YOU SHOULD TARE 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 t AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 f NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required s. and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 r (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/A 2. Defendant (s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 1 Mount Zion Road MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Frankford Township COUNTY: Cumberland DATE EXECUTED: 7/26/07 DATE RECORDED: 7/31/07 BOOK: 2001 PAGE: 3246 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 3/14/09: Principal of debt due $169,099.80 Unpaid Interest at 10.54% from 7/01/08 to 3/14/09 (the per diem interest accruing on this debt is $49.31 and that sum should be added each day after 3/14/09) 12,672.67 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthlyy late charge of $78.36 should be added in accordance with the terms of the note each month after 3/14/09) 1,097.04 Corporate Advance 37.50 Attorneys Fees (anticipated and actual to 5% of principal) 8,454.99 TOTAL $191,967.00 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date 3 appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $191,967.00 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BYk J VAJ J&eA.. a"1!LI..e- Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE r LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS SITUATE IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AND BEING SHOWN AS TRACT NO.1 A RESIDUE TRACT OF LAND CONTAINING 9.648 ACRES ON FINAL SUBDIVISION PLAN FOR BRUCE A. AND FLORENCE A. ALBRIGHT WHICH WAS PREPARED BY LARRY V. NEIDLINGER, P.E., R.S. AND DATED APRIL 21,1993 AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 66, PAGE 57, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED ALONG A PUBLIC RIGHT OF WAY KNOWN AS MT. ZION ROAD T-460 AT LANDS NOW OR FORMERLY OF DORCAS EARLEY (LOT NO.3 OF PLAN BOOK 66, PAGE 57); THENCE ALONG SAID EARLEY LANDS (LOT NO. 3), NORTH 83 DEGREES 00 MINUTES 8 SECONDS WEST 289.59 FEET TO AN IRON POST SET; THENCE CONTINUING ALONG THE BOUNDARY LINE OF SAID EARLEY LANDS (LOT NO. 3), SOUTH 6 DEGREES 59 MINUTES 52 SECONDS WEST 173.31 FEET TO AN IRON PIN AT LANDS NOW OR FORMERLY OF WAYNE E. BROWNEWELL; THENCE ALONG SAID BROWNEWELL LANDS, NORTH 74 DEGREES 38 MINUTES 5 SECONDS WEST, 512.13 FEET, MORE OR LESS, TO A POINT; THENCE CONTINUING ALONG SAID BROWNEWELL LANDS, NORTH 61 DEGREES 38 MINUTES 26 SECONDS WEST, 337.89 FEET TO A POINT AT LANDS NOW OR FORMERLY OF JESSE W. LONG; THENCE ALONG SAID LONG LANDS, NORTH 31 DEGREES 28 MINUTES 23 SECONDS EAST, 300.4 FEET TO A POINT; THENCE COUTM ING ALONG SAME, NORTH 82 DEGREES 26 MINUTES 49 SECONDS EAST, 460.65 FEET TO A POINT AT LANDS NOW OR FORMERLY OF BRUCE A. ALBRIGHT; THENCE ALONG SAID ALBRIGHT LANDS, SOUTH 61 DEGREES 52 MINUTES 12 SECONDS EAST, 575.91 FEET TO A POINT AT SAID PUBLIC RIGHT OF WAY KNOWN AS MT. ZION ROAD T-460; THENCE ALONG SAID PUBLIC RIGHT OF WAY, SOUTH 7 DEGREES 40 MINUTES 00 SECONDS WEST, 197.79 FEET MORE OR LESS TO AN IRON PIN AT THE CORNER OF SAID EARLY LANDS (LOT NO. 3), THE POINT AND PLACE OF BEGINNING. TRACT NO.2 ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS SITUATE IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AND BEING SHOWN AS TRACT NO. 1 CONTAINING 8.563 ACRES OF FINAL SUBDIVISION PLAN FOR BRUCE A. ALBRIGHT WHICH WAS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 29, PAGE 53, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE LOCATED AT THE CENTER OF THE INTERSECTION OF TWO PUBLIC RIGHTS-OF-WAY, BEING TOWNSHIP ROAD 460 AND LR 21033; THENCE ALONG THE CENTER LINE OF TOWNSHIP ROAD 460, SOUTH 00 DEGREES 58 MINUTES 00 SECONDS EAST, 907.29 FEET TO A SPIKE AT THE CORNER OF TRACT NO. 1 ABOVE DESCRIBED; THENCE ALONG SAID TRACT NO. 1, NORTH 61 DEGREES 52 MINUTES 12 SECONDS WEST, 575.9 FEET TO EXISTING STONES AT LANDS NOW OR FORMERLY OF JOHN E. GARMAN; THENCE ALONG SAID GARMAN LANDS, NORTH 8 DEGREES 13 MINUTES 42 SECONDS WEST, 424.27 FEET TO AN EXISTING POST; THENCE CONTINUING ALONG SAID GARMAN LANDS, NORTH 61 DEGREES 12 MINUTES 19 SECONDS EAST, 568.74 FEET TO A SPIKE LOCATED IN THE CENTER OF SAID LR 21033; THENCE ALONG THE CENTER LINE OF LR 21033 SOUTH 47 DEGREES 18 MINUTES 00 SECONDS EAST 80.00 FEET TO A SPIKE, THE POINT AND PLACE OF BEGINNING. UNDER AND SUBJECT TO RESTRICTIONS AND CONDITIONS AS NOW APPEAR OF RECORD. t r March 18, 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBrrA Page l of 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Dennis A. Albright 1 Mount Zion Road Carlisle,_PA-_17015.--._....----._................ -............ --------.-- 0017428574 Beneficial Consumer Discount Companv _HFC or_BFC._Entit- on Mortage._._..._...._..._.____ HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RF. ELIGIBLE FOR FiNANCiAi. ASSISTANCE, WHICH CAN SAVE. YOUR HOME, FROM FORF.Ci.OSURF. AND HELP YOU MAKE. FUTURE MORTGAGF, PAVMRNTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE OACTO), 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 FORECi,OSITRE, - 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 Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MIDST OCCUR WITHIN NoTic,F. cmj.F.I) OHC)W TO Ci JRF Yoi JR moRTGAGF, I)FFAT TT,T0, F.XPT,ATNS How TO BRING Y01 JR MORTCTACTF T JP 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 telepbane numbers ,are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediate] 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 Page 2 of 2 face- to-face meeting. 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. AGENCV 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 CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATITRF. OF THE. DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 1 Mount Zion Road Carlisle, PA 17015 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: _Montbly rayments of $1567.22 for A st._l, 2008 through March_1 2009 = $12537.76._._._._.___ Mon "hl Late Char es of..$78.36 for August 1, 2008_through March 1, 2009 626.8....... _.___..... Other charges (explain/itemize): Uncollected Late Charge=$470.16 Uncollected Fees Receivable-$37,50.__._.-.---.-.---....----.-------.--.-._-._.---- _ TOTAL AMOUNT PAST DUE:. -----.............................. ------- -- - ._..... ................. -_................................. ------..,%13672„3 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not annlicahle): &A HOW TO CURE. THE. DF.FAITLT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 51367230_ PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pte=ents must he mane either 4 each, cashier's. check, certified .heck or money order made payahle and cent to- You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.): NLA Page 3 of 3 i . TF 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 i c rights to accelerate h mortgage d .ht_ 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 attorneys to start legal action to forec_ lose upon your mortgaged Rnnerty, TF 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 attorneys, 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 QQ) DAY period, you will not hp required to pay attorney's fees- OTHER LENDER RF.MEDIF.S - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE. DEFAULT PRIOR TO SHF.RiFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, = still have the right to na g the tots i amount tnen act tine,, plus any late or other charges then dne, reasonable attorney's fees and costs connected with the farLlosure sal and any other costs connected with the Sheriffs Sal as =ifie in writing by the lender and by peKhrming 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. F.ARi.iF.ST POSSiRi E SHF.RiFF'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 6 months from the date of this Notice. A notice of the actual date of the Sheriff's 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. Name of Lender/Servicer: HSBC Mortga Address: 961 Weigel Drive -Elmhurst II 1- 6... ............. __.----- ... Phone Number: 1-800-333-5848 Fax Number: 1-630-617-6891 Contact Person: _Ma kate Woodworth EFFECT OF SHERIFF'S SAi,E. - You should realize that a Sheriff's 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 Sheriffs 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 not 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. Page 4 of 4 I NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 I . 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. Page 6 of 6 HEMAP Consumer Credit Counseling Agencies LEBANON County Report last updated: 7/17/2007 8:21:42 AM Schuylkill Community Action 225 N. Centre Street Pottsville, PA 17901 570.622.1995 Tabor Community Services, Inc. 308 E King Street Suite 1 Lancaster, PA 17602 717.397.5182 800.788.5062 t 1 t 0 led Mail Provides: ailing receipt ique identifier for your mail piece Ord of delivery kept by the Postal Service for two years ant Reminders. Hied Mail may ONLY be combin¢K with First-Class Mail® or Priority Maile. lied Mail is not available for any , a#af international mail. INSURANCE COVERAGE I OD with Certified Mail. For ibies, please consider Insure 9? q I ed Mail. in additional fee, a Return R ma requested to provide proof of sry. To obtain Return Receipt complete and attach a Return dWt b ficable postage to cover the ipt (PS Form 38") to.the artidv =ndorse mailpiece 'Return Receipt Requested'. To receive a fee waiver for )lioate return receipt, a USPS® postmark on your Certified Mail receipt is red. an additional fee, delive4 estricted to the addressee or tassels authorized agenf. AdViseV%t1w c or mark the mailpiece with the rsement 'Restricted Delivery'. Dstmark on the Certified Mail receipt Is desired, please present the arti- t the post office for postmarking. If a postmark on the Certified Mail )t is not needed, detach and affix label with postage and mail. fiAHT: Save this receipt and present It when making an Inquiry. 3800, August 21106 (Reverse) PSN 7530-02-000-9047 e 0 Ln Ln Ln r-a C3 C3 C7 t C3 C3 E ru .2 C3 m rl- 0 0 N 04 m o LL tl 0i 4 1 1 • C`7 pia, 00 i Lf) ?2 0 ;a a 0 m jokey W _.._.? . o o o . Ln L O? ?i 71 M? r I 1 • k ^'r Certified Mail Provides: ¦ A mailing receipt ¦ A unique identifier for your mailpiece ¦ A record of delivery kept by the Postal Service for two years Important Reminders: ¦ Certified Mail may ONLY be combi First-Class Maly or Priority Mail. ¦ Certified Mail is not available for an with international mail. i NO INSURANCE COVERAGE O ED with Certified Mail. For valuables, please consider Insurep Mail. i For an additional fee, a Retum Race ma requested to provide proof of delivery. To obtain Return Receipt 4p complete and attach a Return Receipt (PS Form 3811) to the artllrl¦ lacable postage to cover the fee. Endorse mailplece'Retum Receipt Red'. To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mali receipt is required. For an additional fee, deliv6ik stricted to the addressee or addressee's authorized a ent /K(!v roc or mark the mailpiece with the endorsement "RestNcted Delivery". It a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. WORTANT., Save this receipt and present it when making an inquiry. i Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 D: R I is 9 E ? Z Ch V_ w cJ a w 1 r J l 0I p W N 0) a U' C;) o co Lr) It N Q Q co F" OV• LLO trip M t C) "IseH 0 'w C3 ru ?. 0 noggin= 0 0 o -? C3 -? 02 Ir -.a ?- ? ? t In m? Q c? 4 V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY:1 4 W (?(/?J?,k/?/I/V?-C/I f L(/? Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE P, FILED, ,0;.-:Fl(-'E THE 2009 APB, 21 A 13 # r z ?, s Sheriffs Office of Cumberland County R Thomas Kline aputr of Cuprbcr Edward L Schorpp Sheri' Solicitor Ronny R Anderson: - Jody S Smith Chief Deputy OFFICE OF rHE SKRIFE Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/30/2009 12:40 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 1240 hours, he served a true copy of the within Complaint in Mortgage upon the within named defendant, to wit: Dennis A. Albright by making known unto Cathy Albright, wife of defendant, at 1 Mount Zion Road, Carlisle, Cumberland County, Pennsylvania, 17015, its contents and at the same time handing to her personally the said true and correct copy of the same. 04/30/2009 12:40 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 1240 hours, he served a true copy of the within Complaint in Mortgage upon the within named defendant, to wit: Cathy L. Albright by making known unto Cathy L. Albright personally, at 1 Mount Zion Road, Carlisle, Cumberland County, Pennsylvania, 17015, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $48.50 SO Aly April 30, 2009 2009-2589 Beneficial v Dennis Albright R THO S KLI ,SHERIFF De ty Sheriff n ? _ ?? T UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County 961 Weigel Drive Elmhurst, IL 60126 :MORTGAGE FORECLOSURE Plaintiff V. Dennis A. Albright :NO. 09-2589 Cathy L Albright 1 Mount Zion Road Carlisle, PA 17015 Defendant (s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Dennis A. Albright and Cathy L Albright for failure to file an Answer to 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 Interest Per Complaint From 3/15/09 to 6/19/09 Late charges per Complaint From 3/15/09 to 6/19/09 $191,967.00 4,783.07 313.44 TOTAL $197,063.51 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. -mil-Z J BY: Attorneys f laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: ti z/, -ZOO ? /,5/ d t ,? f? PRO PROTHY UDR= LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUNT WINNEG, ESQUIRE - ID #45362 LORR2INE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHAMRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOOIDCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 nlea.dj nnas(& ur]rPn nom Beneficial Consumer Discount Company d/b)a Beneficial Mortgage Cc of Pennsylvania Plaintiff V. Dennis A. Albright Cathy L Albright Defendant(s) TO: Dennis A. Albright 1 Mount Zion Road Carlisle, PA 17015 Date of Notice: June 8, 2009 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-2589 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 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT C LLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR H ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE E7 _9 HAT PURPOSE. incLix u . uuren, esquire Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUA-CaT WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOU=S A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 MOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 nleadi na-@udrPn om Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Dennis A. Albright Cathy L Albrighf ENO. 09-2589 Defendant(s) TO: Cathy L Albright 1 Mount Zion Road Carlisle, PA 17015 Date of Notice: June 8, 2009 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 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DE $T PRACTICES DEEMED TO BE A DEBT COLLECTOR r S ATTEMPT T INFORMATION OBTAINED WILL BE ED HAT URPOSE. ar squire Stuart Winne-g, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Woodcrest Corporate Center 111 Woodcrest Load, Suite 200 Cherry Hill, New jersey 08003-3620 ACT, THIS LAW FIRM IS O COLLECT A DEBT. ANY UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com B ATTORNEY FOR PLAINTIFF eneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Cc of Pennsylvania :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Dennis A. Albright Cathy L Albright NO. 09-2589 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age. Residence: Employment: Defendant: Age. Residence: Employment: Cathy L Albright Over 18 As captioned above Unknown Dennis A. Albright Over 18 As captioned Unknown Sworn to and subscribed before me this 19th day f June, 2009. Potar'Y'QuAlic??? above Name :, c? . Title: ATTORNEY FOR PLAINTI?FG Company: UDREN LAW OFFICES, P.C. CARA STEARS NOTARY PUBLICOFNEWlE UY Commission 10/15/2013 GA /-? /.3 1 3 16 /\I d ' e 5 k ?i / e ? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. Dennis A. Albright Cathy L Albright Defendant(s) MORTGAGE FORECLOSURE NO. 09-2589 TO: Cathy L Albright 1 Mount Zion Road Carlisle, PA 17015 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Ju, Judgment Judgment Judgment Judgment Judgment 3gment in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount company d/b/a Beneficial Mortgage Cc of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 Plaintiff V. Dennis A. Albright Cathy L Albright 1 Mount Zion Road Carlisle, PA 17015 Defendant(s) - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-2589 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Dennis A. Albright and Cathy L Albright for failure to file an Answer to 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 Interest Per Complaint From 3/15/09 to 6/19/09 Late charges per Complaint From 3/15/09 to 6/19/09 $191,967.00 4,783.07 313.44 TOTAL $197,063.51 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. ,. BY: Attorneys folf--Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: r'.L y ?G d `1 L /- PRO PROTHY yip L ¦ r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Cc of Pennsylvania :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Dennis A. Albright Cathy L Albright :NO. 09-2589 Defendant(s) TO: Dennis A. Albright 1 Mount Zion Road Carlisle, PA 17015 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Jui Judgment Judgment Judgment Judgment Judgment 3gment in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES P C ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE- ID #04302 . STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial 'CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County 961 Weigel Drive Elmhurst, IL 60126 :MORTGAGE FORECLOSURE Plaintiff V. Dennis A. Albright Cathy L Albright 1 Mount Zion Road Carlisle, PA 17015 Defendant(s) NO. 09-2589 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Dennis A. Albright and Cathy L Albright for failure to file an Answer to 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 $191,967.00 Interest Per Complaint 4,783.07 From 3/15/09 to 6/19/09 Late charges per Complaint 313.44 From 3/15/09 to 6/19/09 TOTAL $197,063.51 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. BY: Attorneys faf-'Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE : S% PRO PROTHY ??z UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU: - ID #04302 - ID #45362 - ID #34576 - ID #75860 ERE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Cc of Pennsylvania Plaintiff V. Dennis A. Albright Cathy L Albright Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-2589 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due Interest From 6 20 09 to Date of Sale December 9 2009 Ongoing Per Diem of 49.31 to actual date of sale including if sale is held at a later date (Costs to be added) $197,063.51 8,530.63 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE BY: --zr 1??77 Attorneys fr -Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount ::COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Dennis A. Albright ::NO. 09-2589 Cathy L Albright Defendant (s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: A. An individual X B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E• Tenants in Common F. A corporation III. The Defendant(s) is (are): X -A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C• If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY: Attorneys fo aintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 ATTORNEY FOR PLAINTIFF STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Dennis A. Albright :NO. 09-2589 Cathy L Albright Defendant (s) C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY:r_ Attorneys f6 Plainti MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J UDREN ES • QUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount Company d/b/a B :COURT OF COMMON PLEAS eneficial Mortgage Co of Pennsylvania =CIVIL DIVISION € :Cumberland County Plaintiff V. =MORTGAGE FORECLOSURE Dennis A. Albright ::NO. 09-2589 Cathy L Albright Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1 Mount Zion Road Carlisle, PA 17015 1. Name and address of Owner(s) or reputed Owner(s): Name Address Dennis A. Albright Cathy L Albright 1 Mount Zion Road Carlisle, PA 17015 1 Mount Zion Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None I 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial Consumer 961 Weigel Drive Discount Company d/b/a Elmhurst, IL 60126 Beneficial Mortgage Co of Pennsylvania 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1 Mount Zion Road Carlisle, PA 17015 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: June 19, 2009 UDREN LAW OFFICES, P.C. BY: Attorneys Plaintif MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount =COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Dennis A. Albright :NO. 09-2589 Cathy L Albright Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Cathy L Albright 1 Mount Zion Road Carlisle, PA 17015 Your house (real estate) at 1 Mount Zion Road Carlisle, PA 17015 is scheduled to be sold at the Sheriff's Sale on December 9, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $197,063.51, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Cc of Pennsylvania Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Dennis A. Albright Cathy L Albright Defendant (s) NO. 09-2589 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dennis A. Albright 1 Mount Zion Road Carlisle, PA 17015 Your house (real estate) at 1 Mount Zion Road Carlisle, PA 17015 is scheduled to be sold at the Sheriff's Sale on December 9, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $197,063.51, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 'p r ? .% L4` 7 ?,SfS 13F g y o yC;. G a DC L C Cr.. s. L b'k ( 4-L_ UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU ATTORNEY FOR PLAINTIFF - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff V. Dennis A. Albright Cathy L Albright Defendant (s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-2589 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Dennis A. Albright and Cathy L Albright PROPERTY: 1 Mount Zion Road, Carlisle, PA 17015 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 9, 2009, at 10:00 A.M., at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. TRACT NO. 1: ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS SITUATE IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AND BEING SHOWN AS TRACT NO. 1 A RESIDUE TRACT OF LAND CONTAINING 9.648 ACRES ON FINAL SUBDIVISION PLAN FOR BRUCE A. AND FLORENCE A. ALBRIGHT WHICH WAS PREPARED BY LARRY V. NEIDLINGER, P.E., R.S. AND DATED APRIL 21, 1993 AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 66, PAGE 57, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED ALONG A PUBLIC RIGHT OF WAY KNOWN AS MT. ZION ROAD T-460 AT LANDS NOW OR FORMERLY OF DORCAS EARLEY (LOT NO. 3 OF PLAN BOOK 66, PAGE 57) ; THENCE ALONG SAID EARLEY LANDS (LOT NO. 3), NORTH 83 DEGREES 00 MINUTES 8 SECONDS WEST 289.59 FEET TO AN IRON POST SET; THENCE CONTINUING ALONG THE BOUNDARY LINE OF SAID EARLEY LANDS (LOT NO. 3), SOUTH 6 DEGREES 59 MINUTES 52 SECONDS WEST 173.31 FEET TO AN IRON PIN AT LANDS NOW OR FORMERLY OF WAYNE E. BROWNEWELL; THENCE ALONG SAID BROWNEWELL LANDS, NORTH 74 DEGREES 38 MINUTES 5 SECONDS WEST, 512.13 FEET, MORE OR LESS, TO A POINT; THENCE CONTINUING ALONG SAID BROWNEWELL LANDS, NORTH 61 DEGREES 38 MINUTES 26 SECONDS WEST, 337.89 FEET TO A POINT AT LANDS NOW OR FORMERLY OF JESSE W. LONG; THENCE ALONG SAID LONG LANDS, NORTH 31 DEGREES 28 MINUTES 23 SECONDS EAST, 300.4 FEET TO A POINT; THENCE CONTINUING ALONG SAME, NORTH 82 DEGREES 26 MINUTES 49 SECONDS EAST, 460.65 FEET TO A POINT AT LANDS NOW OR FORMERLY OF BRUCE A. ALBRIGHT; THENCE ALONG SAID ALBRIGHT LANDS, SOUTH 61 DEGREES 52 MINUTES 12 SECONDS EAST, 575.91 FEET TO A POINT AT SAID PUBLIC RIGHT OF WAY KNOWN AS MT. ZION ROAD T-460; THENCE ALONG SAID PUBLIC RIGHT OF WAY, SOUTH 7 DEGREES 40 MINUTES 00 SECONDS WEST, 197.79 FEET MORE OR LESS TO AN IRON PIN AT THE CORNER OF SAID EARLY LANDS (LOT NO. 3), THE POINT AND PLACE OF BEGINNING. TRACT NO. 2 ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS SITUATE IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AND BEING SHOWN AS TRACT NO. 1 CONTAINING 8.563 ACRES OF FINAL SUBDIVISION PLAN FOR BRUCE A. ALBRIGHT WHICH WAS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 29, PAGE 53, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE LOCATED AT THE CENTER OF THE INTERSECTION OF TWO PUBLIC RIGHTS-OF-WAY, BEING TOWNSHIP ROAD 460 AND LR 21033; THENCE ALONG THE CENTER LINE OF TOWNSHIP ROAD 460, SOUTH 00 DEGREES 58 MINUTES 00 SECONDS EAST, 907.29 FEET TO A SPIKE AT THE CORNER OF TRACT NO. 1 ABOVE DESCRIBED; THENCE ALONG SAID TRACT NO. 1, NORTH 61 DEGREES 52 MINUTES 12 SECONDS WEST, 575.9 FEET TO EXISTING STONES AT LANDS NOW OR FORMERLY OF JOHN E. GARMAN; THENCE ALONG SAID GARMAN LANDS, NORTH 8 DEGREES 13 MINUTES 42 SECONDS WEST, 424.27 FEET TO AN EXISTING POST; THENCE CONTINUING ALONG SAID GARMAN LANDS, NORTH 61 DEGREES 12 MINUTES 19 SECONDS EAST, 568.74 FEET TO A SPIKE LOCATED IN THE CENTER OF SAID LR 21033; THENCE ALONG THE CENTER LINE OF LR 21033 SOUTH 47 DEGREES 18 MINUTES 00 SECONDS EAST 80.00 FEET TO A SPIKE, THE POINT AND PLACE OF BEGINNING. UNDER AND SUBJECT TO RESTRICTIONS AND CONDITIONS AS NOW APPEAR OF RECORD. BEING KNOWN AS: 1 Mount Zion Road, Carlisle, PA 17015 PROPERTY ID NO.: 14-05-0423-037 TITLE TO SAID PREMISES IS VESTED IN DENNIS A. ALBRIGHT AND CATHY L. ALBRIGHT, HUSBAND AND WIFE BY DEED FROM DENNIS A. ALBRIGHT, (FORMERLY A SINGLE PERSON), JOINED BY CATHY L. ALBRIGHT, HIS WIFE DATED 11/16/2004 RECORDED 12/09/2004 IN DEED BOOK 266 PAGE 3153. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-2589 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO OF PENNSYLVANIA Plaintiff (s) From DENNIS A. ALBRIGHT and CATHY L. ALBRIGHT (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$197,063.51 L.L.$.50 Interest FROM 6/20/09 TO DATE OF SALE DECEMBER 9, 2009 - ONGOING PER DIEM OF $49.31 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $8,530.63 Atty's Comm % Atty Paid $167.50 Plaintiff Paid Date: June 19, 2009 Due Prothy $2.00 Other Costs d&?z C is R. Long, o ry (Seal) REQUESTING PARTY: Name LORRAINE DOYLE, ESQUIRE Deputy Address: UDREN LAW OFFICES, P.C., WOODCREST CORPORATE CENTER, 1111 WOODCREST ROAD, SUITE 200, CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 34576 By: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2589 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENIFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA Plaintiff (s) From DENNIS A. ALBRIGHT CATHY L. ALBRIGHT (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 $197,063.51 L.L. Interest FROM 6/20/2009 TO DATE OF SALE JUNE 1, 2011 ONGOING PER DIEM OF $49.31 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $35,108.72 Atty's Comm % .Atty Paid. $1,689.00 Plaintiff Paid Gate: 1/7/11 (Seal) Due Prothy $2.00 Other Costs TO BE ADDED /avid Prothonotary By: Deputy REQUESTING PARTY: Name: CHANDRA ARKEMA, ESQUIRE Address: UDREN LAWW OFFICES 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. ;MORTGAGE FORECLOSURE Dennis A. Albright 6 NO. 09-2589 - ._j Cathy L Albright Defendant (s) °-M PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: CD .. Issue Writ of Execution in the above matter: Amount due $197,063.51 Interest From 06/20/2009 35,108.72 to Date of Sale June 1, 2011 Ongoing Per Diem of 49.31 to actual date of sale including if sale is held at a later date (Costs to be added) UDREN LAW OFFICES, P.C. BY: Pry 4?q,ov ? ?.WW6L Attorneys or Plaintiff M !D 203M .60 ?(. a v r? ?(p? 9 acs pw 00 du r ?? A& -451 C€M UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount : COURT OF COMMON PLEAS Company d/b/a Beneficial : CIVIL DIVISION Mortgage Co of Pennsylvania : Cumberland County ' Plaintiff "cam -,; ? V. MORTGAGE FORECLOSURE =M " t 1 Dennis A. Albright NO. 09-2589 Cathy L Albright Defendant(s) = C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: 01l'A / 1l in Attorneys for Plaintiff M. Arlan, "We M ID 203437 4. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania ::Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Dennis A. Albright :NO. 09-2589 Cathy L Albright Defendant(s) rn ui c-i mr, AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 1 Mount Zion Road, Carlisle, PA 17015 1. Name and address of Owner(s) or reputed owner(s): Name Address Dennis A. Albright Cathy L Albright 1 Mount Zion Road Carlisle, PA 17015 1 Mount Zion Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of of record: Name Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania the last recorded holder of every mortgage Address 961 Weigel Drive Elmhurst, IL 60126 f 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1 Mount Zion Road Carlisle, PA 17015 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: UDREN LAW OFFICES, P.C. BY : ??a'I?'dG.?? Attorneys for Plaintiff 1"hInft M. Arkew% Esquir. M t0 203437 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 1 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08.003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Cc of Pennsylvania :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Dennis A. Albright :NO. 09-2589 , Cathy L Albright _..w .:r Defendant (s) _ e-T` °- -; NOTICE OF SHERIFF'S SALE OF REAL PROPERTY C) TO: Dennis A. Albright ?,.. r s'c 1 Mount Zion Road ; rv Carlisle, PA 17015 Your house (real estate) at 1 Mount Zion Road, Carlisle, PA 17015 is scheduled to be sold at the Sheriff's Sale on June 1, 2011, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $197,063.51, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's :fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) M YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Beneficial Consumer Discount Company d/b/a : COURT OF COMMON PLEAq.--) Beneficial Mortgage Cc of Pennsylvania : CIVIL DIVISION 961 Weigel Drive € Cumberland County Elmhurst, IL 60126 co --nm Plaintiff r ' - V. - - Dennis A. Albright X C ) Cathy L Albright E NO. 09-2589 rv,, 1 Mount Zion Road - Carlisle, PA 17015 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 2-I kl,/ UDREN LAW OFFICES, P.C. At t orneysATfb-'f'?Plairri-f. Am M. Minato, Esquire PA 10 75860 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff V. Dennis A. Albright Cathy L Albright Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-2589 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Dennis A. Albright Cathy L Albright PROPERTY: 1 Mount Zion Road Carlisle, PA 17015 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on June 1. 2011, at 10:00am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 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ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Beneficial Consumer Discount ::COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania ::Cumberland County 961 Weigel Drive Elmhurst, IL 60126 Plaintiff :NO. 09-2589 V. Dennis A. Albright Cathy L Albright 1 Mount Zion Road Carlisle, PA 17015 Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: &14 (it UDREN-_T r-A-i_GF-Fl-?. C. Htttt- Attorney for ...P1ai` Abn M. Minato, Esquire PA ID 75860 EXHIBIT B Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage, et. aL, Plaintiff(s) VS. Dennis A. Albright and Cathy L. Albright, et. aL, Defeadant(s) Service of Process by APS International, Ltd. 1-800.328-7171 APS 1WF11 AT'0?4AL APS International Plaza 7800 Glearoy Rd. Minneapolis, MN 55439 3122 APS Re M 19S 14001 UDREN LAW OFFICES ML Samantha Torres 111 Wooderest Rd., Ste. 200 Cherry Hill, NJ 08003-3620 AFFIDAVIT OF SERVICE -- Individual Service of Proem oa: --Cathy L. Albright Court Case No. 09-2589 ? I State of. County oh 2?? Name of Server: --- Name S f i a v? Ro eg e j , undersigned, being duty sworn, deposes and says that at the time of service, s/he was of legal age and was not a party to this action; Dateffime of Service: that on the a.I day of J a m u ry20 11 , at a : tld o'clock L M Place of Service: at 1 Mount Zion Road ? in _ Carlisk, PA 17x15 -- -,__ Documents Served: the undersigned served the documents described as: Notice of Sberift's Sale of Real Property Service of Process on: A true and correct copy of the aforesaid document(s) was served on: Cathy L. Albright Person Served, and Method of Service: L By personally delivering them into the hands of the person to be served. By delivering them into the hands of JD a vt n ;,s Allou? + , a person of suitable age, who verified, or who upon questioning stated, &I he/she resides with Cathy L. Albright at the place of service, and whose relationship to the person is: y u s b a P) 't Description of Person The person receiving documents is described as follows: Recdvin; Docnlneats: Sex l9--; Skin Color Ga e Hair Color r ; Facial Hair A,10 Approx. Age (a v - s Approx. Height /- 'o 'a " Approx. Weight 220 15s Signature of Server: A To the best of my knowledge and belief, said was not engaged in the US Military at the time of service. 1 Undersigned declares under penalty of perjury Subscri a»c? om to before that the foregoing is true and correct. y of 0 SiYlraturc of Server ota Pub[ IN p APS International, Ltd. COMMONWEALTH OF PENNSYLVANIA Notarial Seal M. Michelle Guyton, Notary Public Carlisle Boro, Cumberland County My Commission Expires July 1, 2012 Member, Pennsylvania Association of Notaries EXHIBIT B Benefical Consumer Discount Company, dlb/a Beneficial Mortgage, et. al., PWndff(s) VS. Dennis A. Albright and Catby L, Albright, et. al., Defeadaut(s) UDREN LAW OFFICES Ms. Samantha Torres 1 t I Woodcrest Rd., Ste. 200 Cherry Ham, NJ 08003-3620 Service of Process by AM International, Ltd. 1-800-328-7171 APS INTERNATIONAL APS International Plana 7860 Clearoy Rd. Minneapolis, MN 55439-3122 APS Filed: 1a8i31-0-00-1 AFFIDAVIT OF SERVICE -- Individual Service of Process on: i -Dennis A. Albright Court Case No. 09-2589 State of: s. County of. GEC Name of Server: r.'S+; a n l?oe? e , undersigned, being duly sworn, deposes and says that at the time of service, s/he was of legal age and was not a party to this action; Dateffitne of Service: that on the as day of -30-a e , 20 11 , at Do'clock _LM Place of Service: at 1 Mount Zan Road , to Carlisle, PA 17015 Documents Served: the undersigned served the documents described as: Notice of Sheriff's Sale of Real Property Service of Process on: A true and correct copy of the aforesaid document(s) was served on: Dennis A. Albright Person Served, and Method of Service: X By personally delivering them into the hands of the person to be served. By delivering them into the hands of , a person of suitable age, who verified, or who upon questioning stated, that he/she resides with Dennis A. Albright at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex "1 ; Skin Color UL 1 f e. ; Hair Color 6Facial Hair Acv Approx. Age C v -? L S ; Approx. Height Co " ? -. &' ? " ; Approx. Weight -A .10 ibs To the best of my knowledge and belief, said person was engaged in the US Military at the time of service. /---, n Signature of Server: Undersigned declares under penalty of perjury ubscrilled and s om to be fo r that the foregoing is true and correct. of 20 Signature of Server Notary Public (C in Expires) APS International, Ltd. COMMONWEALTH OF PENNSYLVANIA Notarial Seal M. Michelle Guyton, Notary Public Carlisle Boro, Cumberland County My Commission Expires July 1, 2012 r0, ember, Pennsylvania Association of Notaries , SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F I' , r ti?? Jody S Smith Chief Deputy i J!I i t. Richard W Stewart /.; f? R??l? Solicitor Ci, U f Y Beneficial Consumer Discount Company vs. Case Number Dennis A. Albright (et al.) 2009-2589 SHERIFF'S RETURN OF SERVICE 03/21/2011 06:35 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1 Mount Zion Road, Carlisle, PA 17015, Cumberland County. 03/21/2011 06:35 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Dennis A. Albright at 1 Mount Zion Road, Lower Frankford Township, Carlisle, PA 17015, Cumberland County. 03/21/2011 06:35 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be DENNIS A. ALBRIGHT (HUSBAND), who accepted as "Adult Person in Charge" for Cathy L. Albright at 1 Mount Zion Road, Lower Frankford Township, Carlisle, PA 17015, Cumberland County. 06/01/2011 Ronny R. Anderson, Sheriff, 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 Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 145,700.000 to Russell L. Shughart, 1451 McClures Gap Road, Carlisle, PA 17015. being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $5,013.72 SO ANSWERS, July 05, 2011 RON R ANDERSON, SHERIFF CC's < 3-<; ?v SCHEDULE OF DISTRIBUTION Date Filed: June 23, 2011 Writ No. 2009-2589 Civil Term Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co of Pennsylvania .-vs- Dennis A. Albright Cathy L. Albright 1 Mount Zion Road Carlisle, PA 17013 Sale Date: June 1, 2011 Buyer: Russell L. Shughart and Betty J. Shughart Bid Price: $ 145,700.00 Real Debt: $ 197,063.51 Interest: 35,108.72 Attorney Writ Costs: 1,689.00 Total Due: $ 233,861.23 DISTRIBUTION: Receipts: Cash on Account (01/27/2011): $ 1,500.00 Cash on Account (06/01/2011): 14,570.00 Cash on Account (06/15/2011): 140,320.00 Total Receipts: $ 156,390.00 Disbursements: Sheriffs Costs $ Legal Search Transfer Tax (Local) Transfer Tax (State) Cumberland County Tax Claim Bureau Pamela Burkholder, Lower Frankford Tax Collector Pamela Burkholder, Lower Frankford Tax Collector (2011 School Taxes) Attorney Mark Udren Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co of Pennsylvania Total Disbursements: Balance for distribution: 7 o Anvers' i Ronny R. Anderson ^^ v ... Sheriff 4,413.72 600.00 2,838.00 2,838.00 5,855.34 676.22 3,433.41 1,500.00 134,235.31 ($156,390.00) 00.00 SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2009-2589 Held June 1, 2011 EFFECTIVE DATE: June 1, 2011 PREMISES: 1 Mount Zion Road, Carlisle, Lower Frankford Township, Cumberland County, Pennsylvania, Tax Parcel No. 14-05-0423-037 (the "Premises") RECITAL: Being the same Premises which Dennis A. Albright, joined by Cathy L. Albright, his wife, by their deed dated November 16, 2004 and recorded December 9, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 266, Page 3153, granted and conveyed unto Dennis A. Albright and Cathy L. Albright, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriff s sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2011. 20. Mortgage in the amount of $101,800.00 from Dennis A. Albright and Cathy L. Albright to Washington Mutual Bank, FA dated March 20, 2002 and recorded January 3, 2006 in Mortgage Book 1936, Page 970 (a re-recording of Mortgage Book 1753, Page 531). -2- 21. Mortgage in the amount of $170,700.00 from Dennis A. Albright and Cathy L. Albright to Beneficial Mortgage Co. of PA, Inc. dated July 26, 2007 and recorded July 31, 2007 in Mortgage Book 2001, Page 3246. 22. Judgment against Dennis A. Albright and Cathy L. Albright in the amount of $197,063.51 entered June 19, 2009 in favor of Beneficial Consumer Discount Company and Beneficial Mortgage Co. of Pennsylvania to No. 2009-2589. 23. Subject to unpaid real estate taxes to the Tax Claim Bureau in the amount of $5,818.69 together with any interest and penalties accrued thereon. 2.4. Subject to all building set-back lines, easements, restrictions, conditions, notes and all other matters appearing in the Plans of Bruce Albright recorded in Plan Book 66, Page 57 and in Plan Book 29, Page 53. 25. Subject to the rights granted United Telephone Company of Pennsylvania in Misc. Book 316, Page 464, Misc. Book 224, Page 43 and Misc. Book 223, Page 270. 26. Subject to the legal operation and effect of Tract No 2 not being conveyed in Deed Book 242, Page 511 which only conveyed Tract No. 1. 27. Subject to the legal operation and effect of a lack of notice of the mortgage foreclosure action by Beneficial Consumer Discount Co. and Beneficial Mortgage Co. of PA, Inc. to Washington Mutual Bank, FA and the Tax Claim Bureau. 28. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Mount Zion Road, also identified as Mt. Zion Road and Legislative Route 21033. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: l'. Keith O. Brenneman -3- Writ No. 2009-2589 Civil Beneficial Consumer Discount Company vs. Dennis A. Albright Cathy L. Albright Atty.: Lorraine Doyle TRACT NO. 1: ALL THAT CERTAIN tract of land with improvements situate in Lower Frankford Township, Cumberland County, Pennsylvania and being shown as Tract No. 1 a residue tract of land containing 9.648 acres on Final Subdivision Plan for Bruce A. and Florence A. Albright which was prepared by Larry V. Neidlinger, P.E., R.S. and dated April 21, 1993 and recorded in Cumberland County Plan Book 66, Page 57, being more fully described as follows: BEGINNING at a point located along a public right of way known as Mt. Zion Road T-460 at lands now or formerly of Dorcas Earley(Lot No. 3 of Plan Book 66, Page 57); thence along said Earley lands (Lot No. 3), North 83 degrees 00 minutes 8 seconds West 289.59 feet to an iron post set; thence continuing along the bound- ary line of said Earley lands (Lot No. 3), South 6 degrees 59 minutes 52 seconds West 17:3.31 feet to an iron pin at lands now or formerly of Wayne E. Brownewell; thence along said Brownewell lands, North 74 degrees 38 minutes 5 seconds West, 512.13 feet, more or less, to a point; thence continuing along said Brownewell lands, North 61 degrees 38 minutes 26 seconds West, 337.89 feet to a point at lands now or formerly of Jesse W. Long; thence along said Long lands, North 31 degrees 28 minutes 23 seconds East, 300.4 feet to a point; thence continuing along same, North 82 degrees 26 minutes 49 seconds East, 460.65 feet to a point at lands now or formerly of Bnice A. Albright; thence along said Albright lands, South 61 degrees 52 minutes 12 seconds East, 575.91 feet to a point at said public right of way known as Mt. Zion Road T-460; thence along said public right of way, South 7 degrees 40 minutes 00 sec- onds West, 197.79 feet more or less to m iron pin at the corner of said Early lands (Lot No. 3), the point and place of BEGINNING. TRACT NO. 2 ALL THAT CERTAIN tract of land with improvements situate in Lower Frankford Township, Cumberland' County, Pennsylvania and being shown as Tract No. 1 containing 8.563 acres of Final Subdivision Plan for Bruce A. Albright which was recorded in Cumberland County Plan Book 29, Page 53, being more fully described as follows: BEGINNING at a spike located at the center of the intersection of two public rights-of-way, being Township Road 460 and LR 21033; thence along the center line of Town- ship Road 460, South 00 degrees 58 minutes 00 seconds East, 907.29 feet to a spike at the corner of Tract No. 1 above described; thence along said Tract No. 1, North 61 degrees 52 minutes 12 seconds West, 575.9 feet to existing stones at lands now or formerly of John E. Garman; thence along said Garman lands, North 8 degrees 13 minutes 42 seconds West, 424.27 feet to an existing post; thence continuing along said Garman lands, North 61 degrees 12 minutes 19 seconds East, 568.74 feet to a spike located in the center of said LR 21033; thence along the center line of LR 21033 South 47 degrees 18 minutes 00 seconds East 80.00 feet to a spike, the point and place of BEGINNING. UNDER AND SUBJECT to restric- tions and conditions as now appear of record. BEING KNOWN AS: 1 Mount Zion Road, Carlisle, PA 17015. PROPERTY ID NO.: 14-05-0423- 037. TITLE TO SAID PREMISES IS VESTED IN Dennis A. Albright and Cathy L. Albright, husband and wife by deed from Dennis A. Albright, (formerly a single person), joined by Cathy L. Albright, his wife dated 11/16/2004 recorded 12/09/2004 in Deed Book 266 Page 3153. EXHIBIT A • UDREN LAW OFFICES, P.C. WO"ODCREST CORPORATE CENTER 1.11 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. Dennis A. Albright Cathy L Albright Defendant(s) ATTORNEY FOR. PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION `.Cumberland County :MORTGAGE FORECLOSURE :NO. 09-2589 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 1 Mount Zion Road, Carlisle, PA 17015 1. Name and address of Owner(s) or reputed Owner(s): Name Address Dennis A. Albright Cathy L Albright 1 Mount Zion Road Carlisle, PA 17015 1 Mount Zion Road Carlisle, PA 17015 Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial Consumer 961 Weigel Drive Discount Company d/b/a Elmhurst, IL 60126 Beneficial Mortgage Co of Pennsylvania 5.'Name and address of every other person who has any record lien on the property:. Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address :Real Estate Tax Dept. :Domestic Relations Section Commonwealth of PA, Department of Revenue 7. Name and address of has knowledge who has affected by the sale: Name Tenants/Occupants Address 1 Mount Zion Road Carlisle, PA 17015 I verify that the statements made in this affidavit are true and correct to the best of my informa tion and belief. I understand that false statements herein are made subject to the penalties of 1.8 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED : UDREN LAW OFFICES, P.C. J?/ J BY: Attorneys for Plaintiff CNwW& M. Arkema, Esquir PA ID 203437 1 Courthouse Square Carlisle, PA 17013 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 every other person of whom the plaintiff any interest in the property which may be UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WO'ODCREST CORPORATE CENTER 111 WOODCREST,ROAD, SUITE 200 AtHEeRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount .COURT OF COMMON PLEAS Company d/b/a Beneficial 'CIVIL DIVISION Mortgage! Cc of Pennsylvania :Cumberland County Plaintiff V. 'MORTGAGE FORECLOSURE Dennis A. Albright ;NO. 09-2589 Cathy L Albright Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dennis A. Albright 1 Mount Zion Road Carlisle, PA 17015 Your house (real estate) at 1 Mount Zion Road, Carlisle, PA 17015 is scheduled to be sold at the Sheriff's Sale on June 1, 2011, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $197,063.51, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you,must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YQdR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 4. If the amount_ due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ''AOODCREST CORPORATE CENTER 111 WOODCREST•ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com :Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff V. Dennis A. Albright Cathy L Albright Defendant (s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County :MORTGAGE FORECLOSURE NO. 09-2589 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Cathy L Albright 1 Mount Zion Road Carlisle, PA 17015 Your house (real estate) at 1 Mount Zion Road, Carlisle, PA 17015 is scheduled to be sold at the Sheriff's Sale on June 1, 2011, at 10:00am in the Commissioners Hearing Room, 2nd. Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $197,063.51, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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 canceled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. Tc find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the. Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (see notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bi.d 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 TRACT NO.. 1: ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS SITUATE IN LOWER FRP..NKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AND BEING SHOWN AS TRACT NO. 1 A RESIDUE TRACT OF LAND CONTAINING 9.648 ACRES ON FINAL SUBDIVISION PLAN FOR BRUCE A. AND FLORENCE A. ALBRIGHT WHICH WAS PREPARED BY LARRY V. NEIDLINGER, P.E., R.S. AND DATED APRIL 21, 1993 AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 66, PAGE 57, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED ALONG A PUBLIC RIGHT OF WAY KNOWN AS MT. ZION ROAD T-460 AT LANDS NOW OR FORMERLY OF DORCAS EARLEY (LOT NO. 3 OF PLAN BOOK 66, PAGE 57) ; THENCE ALONG SAID EARLEY LANDS (LOT NO. 3), NORTH 83 DEGREES 00 MINUTES 8 SECONDS WEST 289.59 FEET TO AN IRON POST SET; THENCE CONTINUING ALONG THE BOUNDARY LINE OF SAID EARLEY LANDS (LOT NO. 3), SOUTH 6 DEGREES 59 MINUTES 52 SECONDS WEST 173.31 FEET TO AN IRON PIN AT LANDS NOW OR FORMERLY OF WAYNE E. BROWNEWELL; THENCE ALONG SAID BROWNEWELL LANDS, NORTH 74 DEGREES 38 MINUTES 5 SECONDS WEST, 512.13 FEET, MORE OR LESS, TO A POINT; THENCE CONTINUING ALONG SAID BROWNEWELL LANDS, NORTH 61 DEGREES 38 MINUTES 26 SECONDS WEST, 337.89 FEET TO A POINT AT LANDS NOW OR FORMERLY OF JESSE W. LONG; THENCE ALONG SAID LONG LANDS, NORTH 31 DEGREES 28 MINUTES 23 SECONDS EAST, 300.4 FEET TO A POINT; THENCE CONTINUING ALONG SAME, NORTH 82 DEGREES 26 MINUTES 49 SECONDS EAST, 460.65 FEET TO A POINT AT LANDS NOW OR FORMERLY OF BRUCE A. ALBRIGHT; THENCE ALONG SAID ALBRIGHT LANDS, SOUTH 61 DEGREES 52 MINUTES 12 SECONDS EAST, 575.91 FEET TO A POINT AT SAID PUBLIC RIGHT OF WAY KNOWN AS MT. ZION ROAD T-460; THENCE ALONG SAID PUBLIC RIGHT OF WAY, SOUTH 7 DEGREES 40 MINUTES 00 SECONDS WEST, 197.79 FEET MORE OR LESS TO AN IRON PIN AT THE CORNER OF SAID EARLY LANDS (LOT NO. 3), THE POINT AND PLACE OF BEGINNING. TRACT NO. 2 ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS SITUATE IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AND BEING SHOWN AS TRACT NO. 1 CONTAINING 8.563 ACRES OF FINAL SUBDIVISION PLAN FOR BRUCE A. ALBRIGHT WHICH WAS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 29, PAGE 53, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE LOCATED AT THE CENTER OF THE INTERSECTION OF TWO PUBLIC RIGHTS-OF-WAY, BEING TOWNSHIP ROAD 460 AND LR 21033; THENCE ALONG THE CENTER LINE OF TOWNSHIP ROAD 460, SOUTH 00 DEGREES 58 MINUTES 00 SECONDS EAST, 907.29 FEET TO A SPIKE AT THE CORNER OF TRACT NO. 1 ABOVE DESCRIBED; THENCE ALONG SAID TRACT NO. 1, NORTH 61 DEGREES 52 MINUTES 12 SECONDS WEST, 575.9 FEET TO EXISTING STONES AT LANDS NOW OR FORMERLY OF JOHN E. GARMAN; THENCE ALONG SAID GARMAN LANDS, NORTH 8 DEGREES 13 MINUTES 42 SECONDS WEST, 424.27 FEET TO AN EXISTING POST; THENCE CONTINUING ALONG SAID GARMAN LANDS, NORTH 61 DEGREES 12 MINUTES 19 SECONDS EAST, 568.74 FEET TO A SPIKE LOCATED IN THE CENTER OF SAID LR 21033; THENCE ALONG ''.SHE CENTER LINE OF LR 21033 SOUTH 47 DEGREES 18 MINUTES 00 SECONDS EAST 80.00 FEET TO A SPIKE, THE POINT AND PLACE OF BEGINNING. UNDER AND SUBJECT TO RESTRICTIONS AND CONDITIONS AS NOW APPEAR OF RECORD. BEING KNOWWAS PROPERTY ID NO.: 1 Mount Zion Road Carlisle, PA 17015 14-05-0423-037 TITLE TO SAID PREMISES IS VESTED IN DENNIS A. ALBRIGHT AND CATHY L. ALBRIGHT, HUSBAND AND WIFE BY DEED FROM DENNIS A. ALBRIGHT, (FORMERLY A SINGLE PERSON), JOINED BY CATHY L. ALBRIGHT, HIS WIFE DATED 11/16/2004 RECORDED 12/09/2004 IN DEED BOOK 266 PAGE 3153. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-2589 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENIFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA Plaintiff (s) From DENNIS A. ALBRIGHT CATHY L. ALBRIGHT (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 $197,063.51 L.L. Interest FROM 6/20/2009 TO DATE OF SALE JUNE 1, 2011 ONGOING PER DIEM OF $49.31 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $35,108.72 Atty's Comm % Arty Paid $1,689.00 Plaintiff Paid Date: 1/7/11 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs TO BE ADDED I D. Buel , Prothonotary By: Deputy Name: CHANDRA ARKEMA, ESQUIRE Address: UDREN LAWW OFFICES 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 TRUE: COPY FROM RECORD i Testimony wnereaf, I here unto set my nand and •ne seal of said Own at Carlisle, pa This,., P, day 20 P thonotaiy L?Af On I'viarctt .' -??o s d alit' .°>rIcttrl ii-Vlec1 upoll the del' ndant mtci e:,t m ilie :gat 1.3r() pert\ situated to Lower hrank,joi-(.t l'ownsl1t1), ?.. U nberland County, PA, Known and nutrlleIevl a?,. NiloLlltt iron Road, Carlisle, more fully (jescriL)ect ()n Exhibit "A" tiled with this writ and by tilts reference incorporated herein Date: iMarch . () I \ Real Estate Coordinator CUMBERLAND LAW JOURNAL SHERIFF'S SALE Writ No. 2009-2589 Civil Beneficial Consumer Discount Company VS. Dennis A. Albright Cathy L. Albright Atty.: Lorraine Doyle TRACT NO. 1: ALL THAT CERTAIN tract of land with improvements situate in Lower Frankford Township, Cumberland County, Pennsylvania and being shown as Tract No. 1 a residue tract of land containing 9.648 acres on Final Subdivision Plan for Bruce A. and Florence A. Albright which was prepared by Larry V. Neidlinger, P.E., R.S. and dated April 21, 1993 and recorded in Cumberland County Plan Book 66, Page 57, being more fully described as follows: BEGINNING at a point located along a public right of way known as Mt. Zion Road T-460 at lands now or formerly of Dorcas Earley(Lot No. 3 of Plan Book 66, Page 57); thence along said Earley lands (Lot No. 3), North 83 degrees 00 minutes 8 seconds West 289.59 feet to an iron post set; thence continuing along the bound- ary line of said Earley lands (Lot No. 3), South 6 degrees 59 minutes 52 seconds West 173.31 feet to an iron pin at lands now or formerly of Wayne E. Brownewell; thence along said Brownewell lands, North 74 degrees 38 minutes 5 seconds West, 512.13 feet, more or less, to a point; thence continuing along said Brownewell lands, North 61 degrees 38 minutes 26 seconds West, 337.89 feet to a point at lands now or formerly of Jesse W. Long; thence along said Long lands, North 31 degrees 28 minutes 23 seconds East, 300.4 feet to a point; thence continuing along same, North 82 degrees 26 minutes 49 seconds East, 460.65 feet to a point at lands now or formerly of Bruce A. Albright; thence along said Albright lands, South 61 degrees 52 minutes 12 seconds East, 575.91 feet to a point at said public right of way known as Mt. Zion Road T-460; thence along said public right of way, South 7 degrees 40 minutes 00 sec- onds West, 197.79 feet more or less to an iron pin at the corner of said Early lands (Lot No. 3), the point and place of BEGINNING. TRACT NO. 2 ALL THAT CERTAIN tract of land with improvements situate in Lower Frankford Township, Cumberland County, Pennsylvania and being shown as Tract No. 1 containing 8.563 acres of Final Subdivision Plan for Bruce A. Albright which was recorded in Cumberland County Plan Book 29, Page 53, being more fully described as follows: BEGINNING at a spike located at the center of the intersection of two public rights-of-way, being Township Road 460 and LR 21033; thence along the center line of Town- ship Road 460, South 00 degrees 58 minutes 00 seconds East, 907.29 feet to a spike at the corner of Tract No. 1 above described; thence along said Tract No. 1, North 61 degrees 52 minutes 12 seconds West, 575.9 feet to existing stones at lands now or formerly of John E. Garman; thence along said Garman lands, North 8 degrees 13 minutes 42 seconds West, 424.27 feet to an existing post; thence continuing along said Garman lands, North 6].degrees 12 minutes 19 seconds East, 568.74 feet to a spike located in the center of said LR 21033; thence along the center line of LR 21033 South 47 degrees 18 minutes 00 seconds East 80.00 CUMBERLAND LAW JOURNAL feet to a spike, the point and place of BEGINNING. UNDER AND SUBJECT to restric- tions and conditions as now appear ofrecord. BEING KNOWN AS: 1 Mount Zion Road, Carlisle, PA 17015. PROPERTY ID NO.: 14-05-0423- 037. TITLE TO SAID PREMISES IS VESTED IN Dennis A. Albright and Cathy L. Albright, husband and wife by deed from Dennis A. Albright., (formerly a single person), joined by Cathy L. Albright, his wife dated 11/16/2004 recorded 12/09/2004 in Deed Book 266 Page 3153. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 Affant 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. -?? L ( --- - isa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 6 day of May, 2011 Notary DEBORAH A C ',- Wary Public CARLISLE BOROUGH, CUNIBERLAND UOUNT-?' My Commission Expires Apr 28, 2014 r . • The Patriot-News Co. 2020 Technology Pkwy Suite 300 . Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatriot 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she 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: 04/22/11 04/29/11 05/06/11 Sworn to andxubscn ed before me this 231day of May, 2011 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Klsner, Notary Public Lower Paxton Twp., Dauphin County My Commission Bores Nov. 26, 2011 Member, Pennsylvania Association of Notaries 2003-25:9 Civil iert?t -%nsumer Beneficial L?. ,A11v Discount ComE.. Ns Dennis A. Albright Cathy L. Albright Atty. Lorraine Doyle 1iati `Vitt mprc ;m? iais X11 hsu t rsnkF+ t ' lbwnshlla { urn' nuuty, Pcnnsclulni?l Fvni lit ...is lrac€ ?e ! i4 Residue ii a.ar4l uaCEnn fig ',1.64$ Vtc, ,ubdi,ision Plan Fen lhac'. rlorencr. A. Albright Which Was Pr, uc., LS;. 1 irr" `.: Ncidhnr. I R 'S \1"• Dal' P April -rl Recordol 1t t lunherl,M rung Plan Book Pza- r, Brar, W)n- "oil' Described As Follow, e:kumnlt °,.t i Point h'cate:l td ik A i'ubhc Right t ri Way Kno s r1 As 1V11 '?.i?:1!i Road 1-460 rV 1 auds Ninv Or 1='ouneaaq 1r. F',a,I?yilokN.1 ot Plan 8(,,,k 57r?- ('hunt:e. Along SZJ(I v wand" il'ot \1);I, Noith h; N,wi w, Seconds West '8`3Q ?I l ? Pot Set; Thence Continuing Boundary Lint. Of Said aa?:y 8. No South 6 Degic mds Wcs+ 1'.'.31 h.cl hn st Liou, t _; E 4 it ,Vavne 1: Browneaeh: 11ence A.tong 3?ud Brov,!w °l7. Lands. North 74 L7cgrees lh.inu?,?,, .; sccnndy't'ast, ''13.1?. yl ,t.a.,?. T 1 Point: Thence Said Biownewell lands, rssath i;t Dcgrcu 38 N°i.ute. 2' S"Conds 4 wt '37x;1, F-M To A Point At Lands C'?r PurniciltiOf Long; I ong Lands, North Minute 23 Seconds East. p , A Point: Thence Continuing << 11t. N nth n'_ Degrees 26 11, r a, ,cc 1ndj East 160.65 Feet 16 A E uutt 1. Lands Now 01 1 of nterly Of Bruce Albright 11,11cc Along said Albright !,antis., South it Degwes "2 Minutes 1.2 Seconds Ea I- .tt1 t 1 , i1? A Point At Said Public Right Of Way Known IV Mt. 'Lim Road i 460; Thence Ali>ng Said Public Right Of Wm,South 7 Degrees 40 Minutes 00 'i,rond9i west, 19779 Feet More. Or hcnt Pin. At 11m ?brner uw1 " adc Lant?,, (Lilt N"L 3), i=! ti r,,t PI:1ar 0" Beginning. clad No. All That Certain '11act Of Land With Improvements Situate in Lower Frankford Township,. Cumberland County, Pennsylvania And Being Shoes As Tract No. 1 Containing 8.563 Acres of Final Subdivision Plan For Bruce A. Albright Which Was Recorded rd 29, Page Cumberland County, Plan, Book k Follows: 53, Being MoreFull! Describe Beginning At A Spike Located At The Center of The Intersection of Two Public Rights-Of-Way, Being Township Road 460 And Lr 21033; Thence Along The Center Line of Township Road 460, South W Degrees 58 Minutes 00 Seconds Fast. 907.29 Feet To A Spike At The Corner of -tact No. 1 Above Described; Thence Along Said'Ract No. 1, North 61 Degrees 52 Minutes 12 Seconds West, 575.9 Feet To Existing Stones At Lands Now Or Formerly of John E: Garman. Thence Along Said Garman Lands, North 8 Degrees 13 Minutes 42 Seconds West, 424.27 Feet To An Fidsting Post; Thence Continuing Along Said Garman Lands. North 61 Degrees 12 Minutes 19 Seconds East, 568.74 Feet ToASpike Located InThc Center Of Said Lr 21033; Thence Along The Center Line Of Lt 2103 South 47 Degrees 18 Minutes 00 Seconds East 80.00 Feet To A Spike, The Point And Place of Beginning. Under And Subject To Restrictions And Conditions As Now Appear of Record. Being Known As: i Mount Zion 1 Road Carlisle, Pa Property Id No.: 14-05-0423-037 Title To Said Premises Is Vested In Dennis A. Albright And Cathy L. Albright.. Husband And Wife By Deed From Dennis A. Albright, (Formerly A Single Person), Joined By Cathy L. Albright, His Wife Dated 111100114 Recorded' 12109{2004 in Deed Book 266 Page 3151. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Russell 1. Shughart & Betty J Shughart is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 7 day of January, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Tenn, 2009 Number 2589, at the suit of Benificial Consumer Discount Company d/b/a Beneficial Mortgate Co. of Penns lvania against Dennis A. Albright & Cathy L Albright is duly recorded as Instrument Number 201118971. IN TESTIMONY WHEREOF, I have hereunto set my hand an 11',of said office this ? ____day of A.D. i of Deeds RwOrft of Dee* QnWaW C=ft 00* FA II=* dJzL 014