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HomeMy WebLinkAbout09-2736 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive Elmhurst, Illinois 60126 V. Bradley M. Bryan 62 South High Street Newville, Pennsylvania 17241 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 04- x7310 9/x -/ T'` -m CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar 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 defiende, la corte tomara medidas y puede continuer la demands 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 provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIES QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Bradley M. Bryan, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 62 South High Street, Newville, Pennsylvania 17241. On March 1, 2006, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1942, Page 1047. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 62 South High Street, Newville, Pennsylvania 17241. The mortgage is in default because monthly payments of principal and interest upon said mortgage due August 6, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest through April 28, 2009 (Plus $13.15 per diem thereafter) Attorney's Fee Late Charges Corporate Advance $ 52,599.84 $ 3,484.75 $ 1,250.00 $ 195.39 $ 1,655.00 GRAND TOTAL $ 59,184.98 7. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $59,184.98, together with interest at the rate of $13.15 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: ftqi:2 &t?_ Attorneys f Plaintiff TERRENC J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: lam' Attorneys Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE sD? This instrument was prepared by: NANCY J DITZEL (Name) 419 VILLAGE Q& 5TE CARL, E, PA. 17013 TM ceea Return To; Records Processing Services 577 Lamont Road Elmhurst,IL 60126 (800) 547-8776 UPI #28-20-1754-045A R%RERT F. ZI£GLER RECORDER OF DEEDS CWAIIBERLAND COU!lTY - PA 2W6 MR 3 Pfd 1 43 711715 MORTGAGE 7 IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day 1ST of L ARCFI 2008 , between the Mortgagor,-BRADLEY M, BRYAN, NOT STATED BENEFICI 419 V I LLA©E DRIVE, SUITE 2, CARLISLE, PA (herein (- I The following paragraph preceded by a checked box is applicable. L !_J WHEREAS, Borrower is indebted to Lender in the principal sum of $ evidenced by Borrower's Loan Repayment and Security Agreement or Secon gage an Agreement dated J" and any extensions or renewals thereof (herein "Note"), providing for monthly installments o pry 1 and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on ED WHEREAS, Borrower is indebted to Lender in the principal sum of $ , or so much thereof as may be advanced pursuant to Borrower's Revolving an g-m-ment dated and extensions and renewals : thereof (herein "Note"), providing for monthly i ments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower heroin contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CU BEALAND Commonwealth of Pennsylvania: SEE EXHIBIT A-LEGAL DESCRIPTION I xB543AA898A9BMTG9000PA0013010¦NO"AN ORIGINAL 11-11-05 MTG PA001301 sx [ 942PC 1047 b; + At n'A/95/7nn4 R-M sn AM CUMBERLAND COUNTY Inst.t1200606991- Page 1 of 10 -2- TOGETHER with all the improvommts now or hereafter erected on the property, sad all easements, rights, appurtenances and rents, all of which shalt be deemed to be and remain a part of the Property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a Ieasehold) are hereinafter referred to as the "Property.' Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, ozcept for encumbrances of record. Borrower covenants that Borrower warrants and will detead generally the title to the Property against all claims and demands, subject to encumbrances of record UNIPORM COVENANTS. Borrower and Leader covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest (including any variations in interest resulting from changes in the Contract Rate that may be specified in the Note) on, the debt evidenced by the Note and any prepayment charges and late charges duo under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shell be made in U.S. currency. However, if any chock or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (e) certified chock, bank check, treasurer's check or cashier's chock, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Punds Transfer. Payments are deemed received by Lender. when received at the location dcaignaaed in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 12. Lender may return any payment or partial payment if the payment or partial payments ere insufficient to bring the Loan current, Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Leader may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise describer} in this Section 2 or as may be required by the Note and/or applicable law, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal duo under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to hate charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment 11-11-06 WO l FA001302 1 MOS63AA898ASBWG9000PA0017020xMORYM M ORIGINAL SK 1942PG 1048 nanv7nna R sn•3n Ann CUMBERLAND COUNTY Inst.l0 200606991 - Page 2 of 10 •3- and the late charge. If more than one Periodic Payment is outstanding, tender may apply any payment received from Borrower to the repsyment of the Periodic Payments if, and to the extent that, oech payment can be paid in full. To the extent that any etoess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or MiscaUsneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to bender on the day Peridic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds') to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or ancumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance premiums, if any. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, foes and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lander requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 7 and pay such amount and Borrower shall than be obligated under Section 7 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount it lender can require under the Real Estate Setd=cnt Procedures Act (12 U.S.C. Section 1601 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35000, as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this security instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related mortgage loan" under RESPA. Lander shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) 11-11-05 MTG slw?m?? 111 MM43AA09USNAT09000PA9013030**BRYAM ? ORIGINAL tali 19 4 2 PG 1104, 9 PA001303 0312512009 8:30:30 AM CUMBERLAND COUNTY Inst.# 200606991 - Page 3 of 10 -4- or in any Federal Hoene Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RBSPA, and Borrower shall pay to Lender the amount necessary to male up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments Upon payment in full of all sums secured by this Security Instrument, Lender shell promptly refund to Borrower any Funds hold by Lender. 4. Prior Mortgages and Deed of Trust; Charges; Lions. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fine and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverago," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Harrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgages 6. Preservation and Maintenance of Property; Leaseholds; Condonainiusaas; P1attaed Unit Developments. Borrower WWI keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or rA001304 11-11-05 MM "8543W9WIMTOa000PA0013040KMRVAN " ORIGINAL BKI942PG1050 0312512009 8:30:30 AM CUMBERLAND COUNTY Ins1.# 200606991 - Page 4 of 10 ..._.......+f..-y-.... ..... ............?., .-.... .. . .p ._... .. -S- governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower falls to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Leader's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and takesuch action as is necessary to protect Lender's interest, Any amounts disbursed by Larder pww=t to this paagraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonablecause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part that vd, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with alien which hats priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of the time for payment or modification of amortization of the mum secured by this Mortgage granted by Leander to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest, Leander shall not be required to commence proceedings against such succamor or refuso to extend ti mo for psymc at or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrowcea successors in interest, Any forbearance by Lender in exercising any right or remedy bounder, or otherwise afforded by applicable law, shall not be a waiver of or preciudetheexercise of any such right or remedy. 11. S uc cessors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shalt be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is eo signing this Mortgage only to mortgage, grant and convey that Borrower's i ntereat in the Property to bender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) spew that Lander and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lande r when given in the manner designated herein. 13. Governing Law; Severability. The applicable law contained in the Nato shall control. Whore no applicable law is contained therein, the state and local laws applicable to this 1ldortgege shall be the laws of the iurisdicti iiability 11-11-05 $(1942PGiu51 03/2512009 8:30:30 AM CUMBERLAND COUNTY Instl200606991 - Page 5 of 10 M9543AA99aA9aMT09000PA001305eweYM ¦ Oi101W11. f . . of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions-of this Mortgage or the Note which can be given effect without the conflicting provision, and to this and the provisions of this Mortgage and the'Note are declared to be severable. As used herein, "cost%* "expenses" and "attorneys' fm* include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or atterraoordstion hesreof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to eaecute and deliver to Lander, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or serviow in connection with improvements made tothe Property. 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for houeeWd appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer remAtiiag from a docree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivoe trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information rewired by Lender to evaluate the transferee as if a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the scans declared duo. If Borr6wer fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree se follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage. Lender prior to woelerstion shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breech; (2) the action required to care such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach most be cured; and (4) that failure to cure such breach on or before the date specified in'the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The 11-11-06 MTG PA00140B "9543AAa9aA91MT09000PA0013060mNYM a DA101NAL BK1942PG1052 03125/2009 8:30:30 AM CUMBERLAND COUNTY Inst.# 200606991 - Page 6 of 10 -7- notice shall further inform Borrower of the right to reinstate after acceleration and the right to sssert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date spoWled in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expanses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Leader all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as it no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable; Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enbu upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fats, premiums an reosiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in tho Property under state or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. 11-11-06 MM PA001307 8S43AA99® WTr19000PA0013070MWYAN x OR161W SK 1942PG 1 053 03125/2009 8:30:30 AM CUMBERLAND COUNTY Inst.# 200606991 - Page 7 of 10 -8- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mormgago, dead of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's addrem at forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. ^ d? BRIMN -borrower -Borrower I hereby certify that the precise address of the Lender (Mortgagee) is 419 VILLAGE DRIVE, SUITE 2,,4=LISLE, PA. 17013 On behalf of the Loader. By:LIU" NANCY DITZEL Title: S.A. COMMONWEALTH OF PENN LV U. CUMBERLAND County ss: h, DENISE M CHUBB a Notary Public in and for said county and state, do hereby Certify that BRADLEY M BRYAN, NOT?TA'?'8D _ personally known to me or proven satisfactorily to be the same person(a) whose nan*aaj-IS subscribed to the foregoing instrument, appeared before me this day in person, and acknow get t he signed and delivered the said instrument as HIS free voluntary act,7or tMu-sm and purposes therein set forth. Given under my hand and official seal, this 1ST day of MARCH , 2006 My Commission expires: Deft w * , gDDQ Notary Pub] LWAW t,wonow, a W. , of md*WAW DENISE M CHUBB County M: 1, a Notary Public in and for said county and state, do hereby certs y that personally known to me or proven satt actors y to tie the same person(s) whose name(s) subscribed to the foregoing instrument, appeared before me this day in person, and aclnowlRi iR he signed and delivered the said instrument as free voluntary ac` tJor the uses and purposes therein set forth. COMMONWEALTH OF PENNSYLVANIA, Given under my hand and official seal, this day of , M My Commission expires: Notary Public 11-11-05 MTG PA0013D! "8543AA898A9Wr09000PA0013080*MWA t " ORI$INN. SK 1942PS 1054 03/75/700A 8:30:30 AM CUMBERLAND COUNTY Intl 200808991 - Page 8 of 10 -7- ISP@- Below This Lines Reserved Par Imnder WW Recorder) 11-11-05 W6 PA001309 0BS43AAWJWWG9OOOPAO8I3O"NBRVAN ORIGINAL Bl< 1942PG 1055 03/2512009 8:30:30 AM CUMBERLAND COUNTY Inst.# 200606991 - Page 9 of 10 2 EXHIBIT A (PAGE 1) ALL THAT CERTAIN PROPERTY SITUATED IN TNEBOROU©H OF NEWVILLE IN THE COUNTY OF Cu4BERLAND AND CMtXNMEALTH OF PENNSYLVANIA. BEING MORE FULLY DESCRIBED IN A DEED DATED 06/24/1969 AND RECt>RDEO 06 /25 /19198, AMO1+1(3 THE LAUD RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 034 AND PAGE 124. TAX MAP OR PARCEL 10 NO.: 28-20-1754-045A? Ct;corded PA ` ?? ?? : order of Deeds ¦9543AAMBAROATOMOPAOC19000MMBRYM x OR181NAL SK!942PS1056 03ostg00R A-an-30 AM CUMBERLAND COUNTY lns1.# 200806991 - Page 10 of 10 Llll?) OF TFE :, -, :?TIAR" 2009 MAY - I t h 10: 21 fy #1 /--0 76? C?l? 5 Ar/ Sheriffs Office of Cumberland County R Thomas Kline 'Ooar at c umbcrf??? Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy r'uE 4= 'HE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/29/2009 12:33 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on June 1, 2009 at 1233 hours this Complaint in Mortgage Foreclosure upon defendant Bradley M. Bryan is returned not served, Complaint has expired. Service was attempted ten times, per neighbor defendant does still reside at this address but comes and goes quite frequently. SHERIFF COST: $60.40 SO ANSWERS June 01, 2009 R THOMAS KLINE, SHERIFF 2009-2736 Beneficial Consumer Discount Co. V Bradley M. Bryan _ 1 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania V. Bradley M. Bryan Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09-2736 civil term MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Bryan M. Bradley, at his/her last-known address of 62 South High Street, Newville, Pennsylvania 17241. The process server was not able to serve the Defendant because there was no response after 10 attempts. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B". As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged premises. If service cannot be made on the Defendant, Bryan M. Bradley, the Plaintiff will be prejudiced. WHEREFORE, Plaintiffprays this Honorable Court grant an Order allowing the Plaintiffto serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant Bryan M. Bradley, by regular mail; certified mail, return receipt requested; and by posting at the last-known address of Defendant and the mortgaged premises known in this herein action as 62 South High Street, Newville, Pennsylvania 17241. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff mcCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania Plaintiff V. Bradley M. Bryan Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09-2736 civil term MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania Plaintiff V. Bradley M. Bryan Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09-2736 civil term CERTIFICATION OF SERVICE I,?Q rr)e nee J IVLC b?, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 30th day of June, 2009, upon the following: Bryan M. Bradley 62 South High Street Newville, Pennsylvania 17241 RRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff U?N )F 'WIL PRO 06S :COSTS/PROCEDURE' , 610-344-5978 SHERIFF SERVIC :'. " PROCESS RECEIPT AND AFFIp T" f 1. PLAINTIFFS/ / OQIJ4SCfife (/k 1 G?lldd? 3. DEFENDANT/S/ l r SERVE 5. NAME OF INDIVIDUAL, PANY, . PCjRATIOP I it Crest, rImPont rr r, ity, ar y B. A SS AT ' 7. INDICA4TA REQUESTED SERVICE: L ; I Now, 20 - I This tie ,grmalt the r t?1?,8 R' - OFFICE OF THE SHERIFF { I NTY JUSTICE CENTER 6rK- $T STREET, SUITE 1201 REAL ESTATE L • OX 2746 COSTS/PROCEDURE °I'ER, PA 19380-0989 610-344-5345 610-344-6859 INSTRUCTIONS FOR SERVICE OF PROCESS AVAILABLE UPON REQUEST A ' 2. RT NU 4. TYPE OF WRIT OR C MPLAI . TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Ni IN CHARI¢E ? DEPUTIZE ? CERT. MAIL ? POEMD ? OTHER 1, SHERIFF OF CHESTER COUNTY, PA, do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. t. r SHERIFF a01lr'- SPECIAL I1145 1KUGIIVND WM VI"r. "r." IN I is ?.? 5Prvlire t?hna? u { ?`kc J , pl??Sr SPr a tiq TQ n h lsj ?Dc? v L?) f NOTE ONLY PP LE q4 rik OF f37dc ON N. Ws OF WATCHMAN - Any deputy sheriff levying or attaching any property under. within writ may I v w atchr n custody homsv r ii 1tw In ooassafW notifying person of low or attachment, without liability on the part of.such deputy or the coon or ratty f any such fiy before sherhTs sale thereof. 9. PRIM A -.1L ? AMASS OF ATTC?1 RI? NlATD?t; 10. TELEPHONE NUMBER 11. DATE.. ,- Suite 2084 : r -7 4 - o f Mildplilff, PA 19100 i j I.D. 12.low-0T11RE NOY 13. 1 acknowledge receipt of the writ , } Authori)•ad d*!) Goputy or Clark and Title 1 Dote F tied 1 S. E Iratlonli-learfng Date ; j or complaint as indicated above ? • is. I herby CERTIFY and RETURN that I O have pa ed ; DA" legal, evidence of sefvice as OwNn "Remarks", 0 have exeout%d as shown in "Remarks", ? Attorney for defendant "Remarks", the w *ft or c esc hlbsd on (ha indivdual, oompany, oorpfrgtionjoic., at the address shown above or on the individual, Co riy, corporation, etc., at •the address fnssrtetli betpw ha odlinp a TRUE and ATTESTED Copy . 17. 1 hereby certify and return a NO SERVICE beCd 11 Ur1 N to'loclte' the Individual, company, oorporation, etc., named above. (See remarks below) IS. Name and title of individual served. 19. Aperson of suitable age and discretion rosidfn? . ; in the defendants usual plooa of aboda/oHice ?. , 20. Address of where served (complete only, if iMsren ' wn'a f) 7uAmrrH Ntrmber,'Ctty, lBati 21. Ddb of aalMoe 22. Time AMC PM and ZIP Code) EST EDST 23. ATTEMPTS D Time AM Des p TlOno Data Time . AM N& All'% PM 24. Advance Costs 25. Service' tq No?'y C 27. MileagelPOstage/Poundage 28. Total Costa 29. COSTS DUE OR REFUND. so. REMARKS: SHERIFF'S SALE AND/OR EVICTION SCHEDULED FOR: ?? I (? CJ DATE: IF YOU WISH TO PROCEED WITH THTIM: - D PM E PERSONAL PROPERTY 1 SALE ANDIOR EVICTION. YOU MUST ADVISE THIS OFFICE OF PRIOR TO THE 24 MRS [M ENT TO PROCEED AT LEAST YOU ? , • , . R i. SALE DATwnw AND PROVIDE WRITTEN VERIFICATION OF ? t YOUR RSTMlCT'IONS. AfF/DAY/T t>f t3ERVICE ' T 31. AFFIRMED and subscribed to before me this AM" T. day of - 20. b ?2, -• .ti --+ t?rv d sheriff 35, t Notary P0110 Of. Aunty d ym &.4 g 1 II - 1 y? 37. Date ( RECEIPTOF THE S ERFF $ RETURN 38. Date Received l OR'XUT110RFZED ISSUING AUTIiORRYAND Trfrl • • AUTHORITY 2. ATTORNEY . a 4WD ART>ML`NT 1 ii 1? k 'y "•Y Sheriffs Office of Cumberland County f s C rv\\ R Thomas Kline X00 of 6anr4..,4 Edward LSoh Solicitor Sheriff Ronny R Anderson Jody S Smith Chief Deputy > OFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/29/2009 12:33 PM - R. Thomas Kline, Sheriff, who being duly swom according to law, states that on June 1, 2009 at 1233 hours this Complaint in Mortgage Foreclosure upon defendant Bradley M. Bryan is returned not served, Complaint has expired. Service was attempted ten times, per neighbor defendant does still reside at this address but comes and goes quite frequently. SHERIFF COST: $60.40 SO ANSWERS June 01, 2009 R THOMAS KLINE, SHERIFF 2009-2736 Beneficial Obnsumer Disoount'Co. V Bradley M. Bryan EXHIBIT B v . , Attorney Outsourcing Support Services, Inc. Suite 2040 Stacey O'Connell 123 S. Broad Street Operations Manager Philadelphia PA 19109 tel, (215) 790-5964 fax. (215)320-5779 Affidavit of Good Faith Investigation SUBJECT OF INVESTIGATION: Bradley M. Bryan CLIENT: McCABE, WEISBERG & CONWAY, P.C. FILE #: 41671 MATTER #: 201-2792 COURT TERM & NUMBER: AOSS FILE #: 09-1680 SUBJECT'S LAST KNOWN ADDRESS: 62 South High Street Newville, PA 17241 Serving Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, and AC. I Andrew Swart, being duly sworn according to law, deposes and says that on (o IS D I completed a good faith investigation into the whereabouts of the above named subject and the extent of the investigation and the results are as follows: I. INQUIRY OF POSTAL AUTHORITY: A. NATIONAL ADDRESS UPDATE Postal authority has not responded after several written requests. 2. INQUIRY OF LOCAL TELEPHONE COMPANY A. DIRECTORY ASSISTANCE AND INTERNET SEARCH Bradley M. Bryan; 62 South High Street; Newville, PA 17241. There is an unlisted number for the subject at the property. Exhibit C Page Two Bradley M. Bryan (subject) 3. INQUIRY OF DEPARTMENT OF MOTOR VEHICLES: I was unable to verify current drivers license information for the subject. 4. INQUIRY OF COUNTY VOTER REGISTRATION I was unable to confirm a listing with the County Voters Registration Office for this subject. 5. INQUIRY OF NEIGHBORS: Jason P. Risbon; 60 South High Street; Newville, PA 17241; 717-7764244. Adult male stated he believes the subject resides at the address. 6. OTHER INQUIRES: A. DEATH RECORDS Social Security has no death record for the subject under the SSN. B. INTERNET SEARCH: Search shows the subject resides at 62 South High Street; Newville, PA 17241. C. LOCAL TAX RECORD INQUIRY: Tax bill is being sent to 62 South High Street; Newville, PA 17241. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge and belief. Notary Public: Sworn before me this day -7cins t5- .2009. BY: NAME: TITLE: Location Specialist NIZ,YLVANIA C{?.°J: N'.::`_ a_ Va r..: "r'': § C r' PEN NOTARIAL SEAL STACEY M. O'CONNELL, Notary Pu City of Philadelphia, Phda. Coun it Nly Cor?arission Expires July 10, 20 . FILE{-u -RCE OF THE P ?' ?,IOT,?RY 2009 JUN 30 AN 10= 9 2 p •• •. t fff 1? ?tti.N,? McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - 1D # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. Number 09-2736 civil term Bradley M. Bryan Defendant ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT "f0 'THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 04/29/09 to 10/30/09 Total $ 59,184.98 $ 2,419.60 $ 61,604.58 TERRENC J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this ~ day of , 2009, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania, and against Defendant, Bradley M. Bryan, and damages are assessed in the amount of $61,604.58, plus interest and costs. BY TH ROTHONOT RY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2151790-1010 Beneficial Consumer Discount Company dlb/a Beneficial Mortgage Co. of Pennsylvania Plaintiff v. Bradley M. Bryan Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-2736 civil term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Bradley M. Bryan, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Bradley M. Bryan, is over eighteen (18) years of age, and reside as follows: Bradley M. Bryan 62 South High Street Newville, Pennsylvania 17241 SWORN AND SUBSCRIBED BEFORE ME THIS 30th DAY OF OCTOBER /~ _ , 2009 NO j~ fiYLVANIA MMON' EALT~, ~ A ¢~~`s~L Zella R. Y~ ~'~s _ No±ary Public Ci:}' of Ph it-de' ~'';;, Philadelphia County M'{ COMMh°i' V! ~XPIRFc ,._-v~dF=1-2' 201; TERREN J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE -Ill # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania Plaintiff v. Bradley M. Bryan Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-2736 civil term CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS 30th DAY OF OCTOBER ~ , 2009 NOS` RY PUBI~YC C MM ~JEA~'~ GF ~~ E A L DT~-~iAL Public. ZeVla R. P,.r`~~ns-Notary City of Ph1ia~Ja!phia; Phfladeiphia County M'f COMMIS" ' `"' E:Y.r'~RES JUNi-17_, 2013 TE RE E J. McCABE, ESQUIRE MARC .WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRENC . McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ~ `~'~- i Cumberland County Courthouse, Carlisle, Pennsylvania 17013 ~~ Curt Long Prothonotary October 16, 2009 To: Bradley M. Bryan 62 South High Street Newville, Pennsylvania 17241 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania vs. Bradley M. Bryan Cumberland County Court of Common Pleas , Number 09-2736 civil term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAUI:C BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OH]EC7'lONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU AC'f WITHIN TEN (IO) DAYS FROM 7'IfE DATE OF THIS NOl'ICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHT. YOU SHOULD TAKE TIi15 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWY[sR, GO TO OR TELGPIiONE THE OFFICE SET FORTIi BELOW. T~I1S OFFICE CAN PROVIDE YOU WITfI INFORMATION AHOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TI]]S OFFICE MAY BE A$LE TO PRO VIDE YOU WITii INFORMATIDN AHOUT AGENCIES THAT MAY OFFER LEGAL SERVICES 70 ELIG]BLG PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (8U0}990-910$ NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO UG REBEI,llfA POR NO 1{ABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA P~RSONALMENTE O POK ABOGADO Y POR NO HA6ER RADICADO POR ESCRITO CON ESTE TRIBUNAL. SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (]O) UTAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U OIR PREUSA ALGUNA, DICTAR SENTENCiA EN SU CONTRA Y LISTED PODRL4 PERDER BIENI-:S U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE A UN AeOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICiNA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN AHOGADO. SI LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SEItVIC[OS LEGALES A PERSONAS ELEGIBLES EN UN IIONORARIO RFDUCIDO NI NINGUN HONORARIO_ Cumberland County Bar Association 2 LibertY9.xeulle 990-91 BY: ~ ~ r Attorneys for Plaintiff TERRENCE J. McCABE, SQUIRE MARC S. WEISBERG, QUIRE EllWARD A. CONWAY ESQUIRE MARGARET CAIRO, SQUIRE ANDREW L. MARKO Z, ESQUIRE . FfL.~!~-~~.'~~F~~ 2~~R Z~JV' -2 Psi 3~ 3 7 $I~,oo P+~ pTT`1 ~~ 8ot~o'1 ~ a3ags~ 'fJc~ee ~„1a.~La ~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Bradley M. Bryan 62 South High Street Newville, Pennsylvania 17241 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania Plaintiff v. Bradley M. Bryan Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-2736 civil term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. X Judgment by Default _ Money Judgment Judgment in Replevin Prothon ary /s/ - ~~/a-~o9 _ Judgment for Possession If you have any questions concerning this Judgment, please call McCabe Weisberg and Conway, P.C. at (215) 790-1010.