The URL can be used to link to this page

Home My WebLink About09-4979 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 LOUIS A. SIMONI, ESQUIRE - ID #200869 ?ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon, :COURT OF COMMON PLEAS as Successor Trustee under ':CIVIL DIVISION UDREN LAW OFFICES P.C. ATTORNEY FOR PLAINTIFF NovaStar Mortgage Funding Trust, Series 2005-1 :Cumberland 4708 Mercantile Drive Ft. Worth, TX 76137 Plaintiff V. James S Benoist Jr Cc??t 7Z- COMPLAINT IN MORTGAGE FORECLOSURE County Sandra L. Benoist NO. U 9- y 9 7F 312 Second Street Enola, PA 17025 Defendant(s) 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 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 comparenc:ia 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 provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMIEDIATAMENTE, 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 800-990-9108 e 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 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: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-1 Recording Date: LODGED FOR RECORDING 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: 312 Second Street MUNICIPALITY/TOWNSHIP/BOROUGH: West Fairview Borough COUNTY: Cumberland DATE EXECUTED: 11/26/04 DATE RECORDED: 12/06/04 BOOK: 1890 PAGE: 1187 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. 0 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 7/10/09: Principal of debt due $90,392.57 Unpaid Interest at 9.25% from 2/1/09 to 7/10/09 (the per diem interest accruing on this debt is $22.91 and that sum should be added each day after 7/10/09) 3,641.26 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $137.46 and that sum should be added on the first of each month after 7/10/09) 0.00 Late Charges (monthly late charge of $39.15 should be added in accordance with the terms of the note each month after 7/10/09) 156.60 Unapplied Funds (34.63) Attorneys Fees (anticipated and actual to 5% of principal) 4,519.63 TOTAL $99,280.43 *This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the :Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $99,280.43 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. BY : ee Attorneys fo laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI., ESQUIRE _-,,-ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE A" MEW oSt'17= Lot or piece of ground aitus" in the Borough p..oz pest rairview, County of Cuuherland and State of Pennsylvania, mere Particularly bounded and described as follows, to Kite SOC?[DED an the North by Lot No: 19,, now or into of Nervy Lf, !lusaarr ah the Kest by an alley, on tho South b3+ Lot Ho. 11, now or late of Mer?ry R. gay, And on the Rant by Main Street. oom'UNIM thirty 40) feat in' front on Haan street and an the allay an t4s west twenty-aever.'C271 fact Bevan (7) inches and haging a depth ar one hurAred sixteen (lid) foot- BBSRe Lot NO, 12 an Kartin•a Addition to the Torn Or.Waet Pairview. RAVM thereon eroated a two and One-half ztory fV*** dwelling known se No. 712 8soond Street, West Pairviaw, Pennsylvania . 1MMA - Mm 8VDJIMT, navarthelaaa, to eaea„enba, restrictions, ?reservations, condition and rights or way of record. maw TIM am= PURMBS which DominicK searChello and Anna SoarChalle, his wire, by deed dats'Soptember 24, IM, and Y' 'recorded in Olfioe or the Recorder of beads in and for Cumborlend County,towrmd1C&hi*, granted and conveyed unto }lark r. gton, his wife, afthmoRs maim. ,% e 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- Attorneys f Plaintiff MARK J. UD N, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE -ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE ZC?9 Jl;! 22 F? 3-29 C ??,y?<;?yti'Lltphitr? D'd?? ? ? ? 8` 5a M / 3S"/°`/ ?`. , ,7 ? 9 3 3 (v Sheriffs Office of Cumberland County R Thomas Kline Sheriff 10tr c,f ?uu?brrf Ronny R Anderson ah? 10 Chief Deputy ' 6:j '.lam}. ? Jody S Smith ? Civil Process Sergeant OPME smsRIFF Edward L Schorpp Solicitor FILEL OF THE" V,') `,Y` NOTARY 2009 JUL 27 AM c. 26 The Bank of New York Mellon vs. James S. Benoist, Jr. Case Number 2009-4979 SHERIFF'S RETURN OF SERVICE 07/23/2009 04:30 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 23, 2009 at 1630 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James S. Benoist, Jr., by making known unto Sandra Benoist, adult in charge at 312 Second Street Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/23/2009 04:30 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 23, 2009 at 1630 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sandra L. Benoist, by making known unto herself personally, defendant at 312 Second Street Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $57.50 July 24, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff 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 The Bank of New York Mellon, :COURT OF COMMON PLEAS as Successor Trustee under :CIVIL DIVISION NovaStar Mortgage Funding ::Cumberland County Trust, Series 2005-1 Plaintiff €:NO. 09-4979 Civil Term V. James S. Benoist, Jr. Sandra L. Benoist- Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: August 25, 2009 UDREN LAW OFFICES, P.C. Heys for Pla iff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE V E R I F I C A T 1 0 N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by Plaintiff in the ordinary course,of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: lT James S. Benoist, Jr. Sandra L. Benoist Loan #2000342051 MJU #09070171-1 Name : John Cottrell Title: Assistant Mice President Company: Saxon Mortgage Services, Inc. as servicer on behalf of The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-1 HLE r- i 1" OF THZI 2009 AUG 25 AM I I : C? 4 k,. 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 The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-1 4708 Mercantile Drive Ft. Worth, TX 76137 Plaintiff V. James S. Benoist, Jr. Sandra L. Benoist 312 Second Street Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-4979 Civil Term 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) James S. Benoist, Jr. and Sandra L. Benoist 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 7/11/09 to 8/25/09 Late charges per Complaint From 7/11/09 to 8/25/09 Escrow payment per Complaint From 7/11/09 to 8/25/09 $99,280.43 1,053.86 78.30 137.46 TOTAL $100,550.05 w 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. UDRRE'N? FICE P.C. Bic( Attorneys for Plai MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS DATE : ,I?a ?`5• °w?? INDICATED PRO PR HY 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 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings®udren.com The Bank of New York Mellon, :COURT OF COMMON PLEAS as Successor Trustee under :CIVIL DIVISION NovaStar Mortgage Funding Trust, Series 2005-1 ':Cumberland County 4708 Mercantile Drive Ft. Worth, TX 76137 Plaintiff V. James S. Benoist, Jr. --? Sandra L. Benoist NO. 09- 1/rf-7 9 14-- 312 Second Street Enola, PA 17025 Defendant(s) 0 r". ci i s - -ty tz c m- r ;< t C ? 5.r C'7 r ti acs --c 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. 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 800-990-9108 Sheriffs Office of Cumberland County R Thomas Kline Sher Mott oC ?uurb f? Ronny R Anderson &111 ' Chief Deputy , Jody S Smith Civil Process Sergeant OMCE OFTHE SPMRiFF Edward L Schorpp Solicitor The Bank of New York Mellon Case Number VS. James S. Benoist, Jr. 2009-4979 SHERIFF'S RETURN OF SERVICE 07/2312009 04:30 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 23, 2009 at 1630 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James S. Benoist, Jr., by making known unto Sandra Benoist, adult in charge at 312 Second Street Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/23/2009 04:30 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 23, 2009 at 1630 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sandra L. Benoist, by making known unto herself personally, defendant at 312 Second Street Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $57.50 July 24, 2009 SO ANSWERS, r1*00alor""dw 4f. R THOMAS KLINE, SHERIFF , 9 i ?- - - Yl?-- _ Deputy Sheriff UDREZ LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 SMUT WINNEG, ESQUIRE - ID #45362 LORPAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOU=S A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 TIOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 n1 di ngs(audran _ om The Bank of New York Mellon, as Successor € Trustee under NovaStar Mortgage Funding Trust, Series 2005-1 Plaintiff V. James S. Benoist, Jr. Sandra L. Benoist Defendant(s) TO: Sandra L. Benoist 312 Second Street Enola, PA 17025 Date of Notice: August 13, 2009 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-4979 Civil Term 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 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 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE U',"p FOR THAW POSE. ?y[ 1St LL STUART WINNEG , SQUIRV E LORRAINE DOYL ESQUIRE ALAN M. MINAT ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersev 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STURRT WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-1 Plaintiff V. James S. Benoist, Jr. Sandra L. Benoist Defendant(s) TO: James S. Benoist, Jr. 312 Second Street Enola, PA 17025 Date of Notice: August 13, 2009 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 09-4979 Civil Term 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 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 O 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 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE UOD FOR THAT PURPOSE. STUART WINNEG,'ESQUIRE LORRAINE DO L, ESQUIRE ALAN M. MIN O, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 C'ierrv Hill, New Jersey 08003-3620 ,UDREN LAW OFFICES, P.C. MARK J.'UDREN, ESQUIRE - ID STUART WINNEG, ESQUIRE - ID LORRAINE DOYLE, ESQUIRE - ID ALAN M. MINATO, ESQUIRE - ID CHANDRA M. ARKEMA, ESQUIRE - WOODCREST CORPORATE CENTER #04302 #45362 #34576 #75860 ID #203437 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-1 Plaintiff V. James S. Benoist, Jr. Sandra L. Benoist Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-4979 Civil Term 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: James S. Benoist, Jr. Over 18 As captioned above Unknown Sandra L. Benoist Over 18 As captioned Unknown Sworn to and subscribed before me this 25th day o 0 (1 P, A August, 2 09 - N lac CARA STEARS NOTARYMKOFNEWOM CWrilfteo" 10/15/2013 above Name: Title: ATTORNEY FOR PLAINTIFF Company: UDREN LAW OFFICES, P.C. HLEa CF The P?'. ' , '{? ?rY 2G29 AUG'2 5 Ali I1: X35 Z5 l y, o 64-6- 13 ( 66 tp 713 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 The Bank of New York Mellon, :COURT OF COMMON PLEAS as Successor Trustee under :CIVIL DIVISION NovaStar Mortgage Funding 'Cumberland County Trust, Series 2005-1 Plaintiff :MORTGAGE FORECLOSURE V. James S. Benoist, Jr. :NO. 09-4979 Civil Term Sandra L. Benoist Defendant(s) TO: Sandra L. Benoist 312 Second Street Enola, PA 17025 NOTICE Pursuant to Rule 236 of the Supreme Court of Pen Sylvania ou are hereby notified that a Judgment has been entere ga' o in the above proceeding as indicated below. rot X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment 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 The Bank of New York Mellon, :COURT OF COMMON PLEAS as Successor Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2005-1 Plaintiff ':MORTGAGE FORECLOSURE V. James S. Benoist, Jr. , Sandra L. Benoist :NO. 09-4979 Civil Term Defendant(s) TO: James S. Benoist, Jr. 312 Second Street Enola, PA 17025 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, ou are hereby notified that a Judgment has been entere g in the above proceeding as indicated below. ro ono x Judgment by Default Money Ju Judgment Judgment Judgment Judgment Judgment figment 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 - 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 The Bank of New York Mellon, =COURT OF COMMON PLEAS as Successor Trustee under =CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2005-1 Plaintiff :MORTGAGE FORECLOSURE V. James S. Benoist, Jr. :NO. 09-4979 Civil Term Sandra L. Benoist Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $100,550.05 Interest From 8/26/09 2,428.46 to Date of Sale December 9, 2009 ongoing Per Diem of 22.91 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN C. Y: Attorneys for P riff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE OF THE PRO ?_,;7N,7itRY 2009 AUG 25 AMI ! 1: G b t EN%Si L. Al 04 ?. , o p !3 ? o Cv f, Bi:? y 57, 5U ?+ „ r, s ?`f•?d 4, A- v - P ?l. ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATE IN THE BOROUGH OF WEST FAIRVIEW, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, FORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BOUNDED ON THE NORTH BY LOT NO. 13, NOW OR LATE OF HENRY D. HUSSER; ON THE WEST BY AN ALLEY; ON THE SOUTH BY LOT NO. 11, NOW OR LATE OF HENRY R, MAY, AND ON THE EAST BY MAIN STREET, CONTAINING THIRTY (30) FEET IN FRONT ON MAIN STREET AND ON THE ALLEY ON THE WEST TWENTY-SEVEN (27) FEET SEVEN (7) INCHES AND HAVING A DEPTH OF ONE HUNDRED SIXTEEN (116) FEET. BEING LOT NO. 12 ON MARTIN'S ADDITION TO THE TOWN OF WEST FAIRVIEW. HAVING THEREON ERECTED A TWO AND ONE-HALF STORY FRAME DWELLING KNOWN AS NO. 312 SECOND STREET, WEST FAIRVIEW, PENNSYLVANIA. UNDER AND SUBJECT, NEVERTHELESS, TO EASEMENTS, RESTRICTIONS, RESERVATIONS, CONDITIONS AND RIGHTS OF WAY OF RECORD. BEING THE SAME PREMISES WHICH DOMINICK SCARCHELLO AND ANNA SCARCHELLO, HIS WIFE, BY DEED DATE SEPTEMBER 24, 1986, AND RECORDED IN OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, GRANTED AND CONVEYED UNTO MARK G. WITHINGTON AND CHERYL A. WITHINGTON, HIS WIFE, GRANTORS HEREIN BEING KNOWN AS: 312 Second Street, Enola, PA 17025 PROPERTY ID NO.: 45-17-1044-125 TITLE TO SAID PREMISES IS VESTED IN JAMES S. BENOIST, JR. AND SANDRA L. BENOIST, HIS WIFE BY DEED FROM MARK S. WITHINGTON AND CHERYL A. WITHINGTON, HIS WIFE DATED 5/23/94 RECORDED 6/10/94 IN DEED BOOK 106 PAGE 820. 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 The Bank of New York Mellon, :COURT OF COMMON PLEAS as Successor Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2005-1 Plaintiff :MORTGAGE FORECLOSURE V. James S. Benoist, Jr. :NO. 09-4979 Civil Term Sandra L. Benoist 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 OF S P.C. 'BY._._ Attorneys for Plal-iitiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE OF THE 1609 AUG 25 Ah f 1, V CUP 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 The Bank of New York Mellon, :-COURT OF COMMON PLEAS as Successor Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2005-1 Plaintiff :MORTGAGE FORECLOSURE V. James S. Benoist, Jr. =NO. 09-4979 Civil Term Sandra L. Benoist 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. orneys for P iff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE rii..! ' _....._ CF THE 26109 AUG 25- A I ! : 006 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 The Bank of New York Mellon, :COURT OF COMMON PLEAS as Successor Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2005-1 Plaintiff :MORTGAGE FORECLOSURE V. James S. Benoist, Jr. :NO. 09-4979 Civil Term Sandra L. Benoist Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-1, 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: 312 Second Street, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address James S. Benoist, Jr. 312 Second Street Enola, PA 17025 Sandra L. Benoist 312 Second Street Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS 41 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 The Bank of New York Mellon, 4708 Mercantile Drive as Successor Trustee under Ft. Worth, TX 76137 NovaStar Mortgage Funding Trust, Series 2005-1 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 312 Second Street Enola, PA 17025 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: August 25, 2009 UDREN ,-P-C. Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE le-)T APY 2009AUG 25 If, 06 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 The Bank of New York Mellon, :COURT OF COMMON PLEAS as Successor Trustee under :CIVIL DIVISION NovaStar Mortgage Funding ':Cumberland County Trust, Series 2005-1 Plaintiff -MORTGAGE FORECLOSURE V. James S. Benoist, Jr. :NO. 09-4979 Civil Term Sandra L. Benoist Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sandra L. Benoist 312 Second Street Enola, PA 17025 Your house (real estate) at 312 Second Street, Enola, PA 17025 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 $100,550.05, 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 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 F THE 2099 AUG 25 AM 11: 0.6 PE:vNs 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 The Bank of New York Mellon, :COURT OF COMMON PLEAS as Successor Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2005-1 Plaintiff ':MORTGAGE FORECLOSURE V. James S. Benoist, Jr. €NO. 09-4979 Civil Term Sandra L. Benoist Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James S. Benoist, Jr. 312 Second Street Enola, PA 17025 Your house (real estate) at 312 Second Street, Enola, PA 17025 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 $100,550.05, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OIL 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.) a YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE 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 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 FILED OF THi_ t i ??6?`?t4Cti 2099 AUG 25) AIM 11: G a Ct1lvi: .i?"?``? 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 The Bank of New York Mellon, :COURT OF COMMON PLEAS as Successor Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2005-1 Plaintiff :NO. 09-4979 Civil Term V. James S. Benoist, Jr. Sandra L. Benoist Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): James S. Benoist, Jr. and Sandra L. Benoist PROPERTY: 312 Second Street, Enola, PA 17025 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. FILED- OF IFc IOTAPY 2DO9 AUG 25 AM 11: 0 7 CU B u: w: ", y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4979 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2005-1 Plaintiff (s) From JAMES S. BENOIST, JR. AND SANDRA L. BENOIST (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 Due100,550.05 L.L.$.50 Interest FROM 8/26/09 TO DATE OF SALE DECEMBER 9, 2009 - ONGOING PER DIEM OF $22.91 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $2,428.46 Atty's Comm % Atty Paid $17440 Plaintiff Paid Date: August 25, 2009 (Seal) REQUESTING PARTY: Deputy Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C., WOODCREST CORPORATE CENTER, II I WOODCREST ROAD, SUITE 200, CHERRY HILL, NJ 08003-3620 Due Prothy $2.00 Other Costs- TO BE ADDED Z hi. ?71, Iti, Cu R. Long, Pr tary By: Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 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 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon, as Successor :COURT OF COMMON PLEAS Trustee under NovaStar Mortgage Funding :CIVIL DIVISION Trust, Series 2005-1 :Cumberland County Plaintiff V. James S. Benoist, Jr. Sandra L. Benoist ENO. 09-4979 Civil Term 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: October 2, 2009 UDREN LA1a--e CES , BY: 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 ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, 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. AR.KEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon, :COURT OF COMMON PLEAS as Successor Trustee under :CIVIL DIVISION NovaStar Mortgage Funding :Cumberland County Trust, Series 2005-1 Plaintiff :MORTGAGE FORECLOSURE V. James S. Benoist, Jr. :NO. 09-4979 Civil Term Sandra L. Benoist Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-1, 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: 312 Second Street, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address James S. Benoist, Jr. 2256 Wynonah Drive South Auburn, PA 17922 Sandra L. Benoist 119 Haven Street Schuylkill Haven, PA 17972 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 the last recorded holder of every mortgage of record: Name Address The Bank of New York Mellon, 4708 Mercantile Drive as Successor Trustee under Ft. Worth, TX 76137 NovaStar Mortgage Funding Trust, Series 2005-1 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 312 Second Street Enola, PA 17025 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: October 2, 2009 UDREIN-LAW-70?'FICE , P. C. j <BY .._i s -for .._ Plaintiff Atto MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE 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 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-1 Plaintiff V. James S. Benoist, Jr. Sandra L. Benoist Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON CIVIL DIVISION Cumberland County PLEAS NO. 09-4979 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): James S. Benoist, Jr. and Sandra L. Benoist PROPERTY: 312 Second Street, Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on December 9. 2009, at 10:00 A.M., in 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. EXHIBIT A v 3 (D w co co (D M O N .-r L v 7 Q cn v a v r co CD M co r-" 0 co O v O_ n 3 cr (D N Q U) -n O 3 W Go V V -n CD Q c (1) co co ch. O t's CD CL •G V cD O O 7 CD 3 r -I co co v O CT A W N -+ r 0 z D - m p cn A W N -+ O m w v a cncL3 n CD NCD = c cn 3 v N ZD C n Ny a cn m m o 3n C O N CO co D O m m y mw-I -0 ;o 0C l)0 0 0 z (D? N y W mK MM 3 1 3 ° D 0 <'Z (n - CD z O >c z?- i? 2M D 2 ? -I MOM M a D p N C O C ? 0 r a ? .'OnZ " iQ ? ?m v ?m? ? O NOp m m y CD =cn? 00 o?0 C (n?( n0 ? cNi? N n c m f J 0 ?O r $ CD ? w D2 ?z Dcn >z m ? n 0-n O LD mH D z ? C - 0 ,cn - M X ? n 3 om --I ?OT o0 > o o- 3 ooNtA T-0 I M °' oC -' C?D wO F- ?m v N 0_ z ?? o N m. y a m L) - c 0 z -a D om o \ D 71 = a ° v N z 0 Z o X ODn? O ?v y M < m N w ? ? ?? M O O y m m 0 D G 6 N o. m n clQ 6 d m a o 6 .6... ti ., ..?. ? R in 5?eaL?o- 6° m ? ? f- ? m _CD :.r?. 680 m m?RX w m n3 6 66 eb 1c t1ti (A ;o CD d. m ?O % 6 ^4ar16 °c,r r.rv - n p 3 c m m v i - S POSTAGE 1 m _ °0 3 c me a cn ` 3 0 w3 m y ?= oi v ][:] ??M0 ??ma2 m n 3 0 5 m CL M =r .O ro?0o co 33•my ? o ? A a dom 0 n 0 m m p 5 m 3 po y w a .?C' CD t ii ? ? N o'o. o m -. D C p 3 0 0 o C m O 7 n c co m m m a n m?c m o c C m O m6o .? !2. (D m zr ? 3 m 0 a y m O o m 3 m nm m 0 ? . a m 3v n c _ 0? cC?f p dm D G?K m - m .o n m 3 m 0 CD 0 (n ur I n..m m m ..,.. vm m 7Ny 61m3 13 o ? ° O .\I H E N m = 0 . o a . -m.? 3 , . T? - m - = M s@ m a m 6p m m Tl m S y g '^ n ' 'rp Ck o O C m3 m a' y 3 c m 2 T(n N D n CL m - r N m o $ O 3 3 TN c m m 3 m 2 m m w m o $ 3 m ;o X o= m o 3 _ 0m l lll???` m w ? ° 3 m °o ? 3 m v to RL 6D m C m m m O m ?. - N O FILED- OF ur r;?C? 2009OCT -3 NM ?: 26 SH`ERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~ ~~} _ . C:,_ __ , The Bank of New York Case Number vs. James S. Benoist, Jr. (et al.) 2009-4979 SHERIFF'S RETURN OF SERVICE 09/30/2009 08:33 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 9-30-09 at 2033 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James S. Benoist, Jr. & Sandra L. Benoist, located at, 312 Second Street, Enola, Cumberland County, Pennsylvania according to law. 09/30/2009 08:33 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 9-30-09 at 2033 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: James S. Benoist, Jr., by making known unto, Heather Benoist, adult in charge, at, 312 Second Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/30/2009 08:33 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 9-30-09 at 2033 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Sandra L. Benoist, by making known unto, Heather Benoist, adult in charge, at, 312 Second Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/08/2009 Property sale postponed to 3/3/2010. 03/02/2010 Property sale postponed to 4/7/2010. 04/05/2010 PROPERTY SALE CANCELLEDRonny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Udren SHERIFF COST: $857.50 SO ANSWERS, ~r~~ ""` _`~-- April 05, 2010 RON ~ R ANDERSON, SHERIFF ~C -~~~ ~Lr~ • l.-[-. ,~~>> ~~. ~~c~ C1~.'~ 7~. ~ 7~ ~~ ~~~~~~ r UDR~N LAW OFFICES, P.C. MARK J. l7DREN, 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 The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-1 Plaintiff v. James S. Benoist, Jr. Sandra L. Benoist Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-4979 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-1, 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: 312 Second Street, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address James S. Benoist, Jr. 312 Second Street Enola, PA 17025 Sandra L. Benoist 312 Second Street Enola, PA 17025 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 r 4. Name and address of the last recorded holder of every mortgage of record: Name Address The Bank of New York Mellon, 4708 Mercantile Drive as Successor Trustee under Ft. Worth, TX 76137 NovaStar Mortgage Funding Trust, Series 2005-1 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 312 Second Street Enola, PA 17025 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: August 25, 2009 UDREN LAW OFFICES, P.C. BY: ~ Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW.OFFTCES, 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 pleadingsC~udren.com The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-1 Plaintiff v. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE James S. Benoist, Jr. Sandra L. Benoist Defendant(s) NO. 09-4979 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James S. Benoist, Jr. 312 Second Street Enola, PA 17025 Your house (real estate) at 312 Second Street, Enola, PA 17025 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 $100,550.05, 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 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 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 The Bank of New York Mellon, as Successor Trustee under NovaStar Mortgage Funding Trust, Series 2005-1 Plaintiff v. James S. Benoist, Jr. Sandra L. Benoist Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 09-4979 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sandra L. Benoist 312 Second Street Enola, PA 17025 Your house (real estate) at 312 Second Street, Enola, PA 17025 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 $100,550.05, 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 ~'TILL'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 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATE IN THE BOROUGH OF WEST FAIRVIEW, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, 1~IORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BOUNDED ON THE NORTH BY LOT NO. 13, NOW OR LATE OF HENRY D. HUSSER; ON THE WEST BY AN ALLEY; ON THE SOUTH BY LOT NO. 11, NOW OR LATE OF HENRY R, MAY, AND ON THE EAST BY MAIN STREET, CONTAINING THIRTY (30) FEET IN FRONT ON MAIN STREET AND ON THE ALLEY ON THE WEST TWENTY-SEVEN (27) FEET SEVEN (7) INCHES AND HAVING A DEPTH OF ONE HUNDRED SIXTEEN (116) FEET. BEING LOT NO. 12 ON MARTIN'S ADDITION TO THE TOWN OF WEST FAIRVIEW. HAVING THEREON ERECTED A TWO AND ONE-HALF STORY FRAME DWELLING KNOWN AS NO. 312 SECOND STREET, WEST FAIRVIEW, PENNSYLVANIA. UNDER AND SUBJECT, NEVERTHELESS, TO EASEMENTS, RESTRICTIONS, RESERVATIONS, CONDITIONS AND RIGHTS OF WAY OF RECORD. BEING THE SAME PREMISES .WHICH DOMINICK SCARCHELLO AND ANNA SCARCHELLO, HIS WIFE, BY DEED DATE SEPTEMBER 24, 1986, AND RECORDED IN OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, GRANTED AND CONVEYED UNTO MARK G. WITHINGTON AND CHERYL A. WITHINGTON, HIS WIFE, GRANTORS HEREIN BEING KNOWN AS: 312 Second Street, Enola, PA 17025 PROPERTY ID NO.: 45-17-1044-125 TITLE TO SAID PREMISES IS VESTED IN JAMES S. BENOIST, JR. AND SANDRA L. BENOIST, HIS WIFE BY DEED FROM MARK S. WITHINGTON AND CHERYL A. WITHINGTON, HIS WIFE DATED 5/23/94 RECORDED 6/10/94 IN DEED BOOK 106 PAGE 820. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N009-4979 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2005-i Plaintiff (s) From JAMES S. BENOIST, JR. AND SANDRA L. BENOIST (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 Due100,550.05 L.L.$.50 Interest FROM 8/26/09 TO DATE OF SALE DECEMBER 9, 2009 -ONGOING PER DIEM OF $22.91 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $2,428.46 Atty's Comm Atty Paid $17ie.am Plaintiff Paid Date: August 25, 2009 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs- TO BE ADDED Curt s R. Long, n tary sy: Deputy Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C., WOODCREST CORPORATE CENTER, 111 WOODCREST ROAD, SUITE 200, CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale # On September 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as, 312 Second Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 9, 2009 By: trC.U~-Ao ~- p ~ Real Estate Coordinator ~-c ,~~ ~~~ ~~ \~\~,,~ . , :.; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORl~'O AND SUBSCRIBED before me this 6 da of Novembe/jr' 2009 '' G~ ~ , ~i ~/ Notary NOTC,RIAL SEAL DEBORAH A COLLINS Notary Public CARI_ISI.E BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2009-4979 Civil The Bank of New York Mellon, as Successor Trustee Under NovaStar Mortgage Funding Trust, Series 2005-1 vs. James S. Benoist, Jr. Sandra L. Benoist Atty: Mark J. Udren ALL THAT CERTAIN lot or piece of ground situate in the Borough of West Fairview, County of Cumber- land and State of Pennsylvania, more particularly bounded and described as follows, to wit: BOUNDED on the north by Lot No. 13, now or late of Henry D. Husser;on the west by an alley; on the south by Lot No. 11, now or late of Henry R, May, and on the east by Main Street, containing thirty (30) feet in front on main street and on the alley on the west twenty-seven (27) feet seven (7) inches and having a depth of one hundred sixteen (116) feet. BEING Lot No. 12 on Martin's Ad- dition to the Town of West Fairview. HAVING THEREON ERECTED a two and one-half story frame dwell- ing known as No. 312 Second Street, West Fairview, Pennsylvania. UNDER AND SUBJECT, never- theless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Dominick Scarchello and Anna Scarchello, his wife, by deed date September 24, 1986, and recorded in Office of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia, granted and conveyed unto Mark G. Withington and Cheryl A. Withing- ton, his wife, grantors herein. BEING KNOWN AS: 312 Second Street, Enola, PA 17025. PROPERTY ID NO.: 45-17-1044- 125. TITLE TO SAID PREMISES IS VESTED IN James S. Benoist, Jr. and Sandra L. Benoist, his wife by deed from Mark S. Withington and Cheryl A. Withington, his wife dated 5/23/94 recorded 6/ 10/94 in Deed Book 106 Page 820. The Patriot-News Co. . ~ ~ 812 Market St. . Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c~he ~latriot-News Now you know CARLISLE PA 17013 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 Leslie Kramer, 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither 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: 10/23/09 10/30/09 11 !06/09 %~~~ Sworn to a subscribed before me thi5~6 day of November, 2009 A.D. f Notary Public ~ `~ ~~- CO~~A~'ONWEAI TH OP PE ;wlotarial Seal ,I yi~~ni,` i-. Kisner, NotaryPu~Idr '1 ~ s'st ~.~+~1St1i1 ,iy !., ,'^~cic ~; Dauphin iecirity ~-..,,_, n Expires Nov. 26, 2~ , '~Asrnra,, '~~ nn~~iva;sia Associatson ..'""""`'' of Vv?~,; tu.. WrR No. 2009-4979 Ctvll Term The Bank of Nsw York Mellon, as Successor Trustee Under NovaStar Mortgage Funding Trust, Series 2005-1 Vs James. S. Benoist, Jr. Sandre L. Benoist Atty: Merk J. Udren ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATE IN THE BOROUGH OF WEST FAIRVIEW, COUNTY OF CUMBERLAND AND. STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BOUNDED ON THE NORTH BY LOT N0. 13, NOW OR LATE OF HENRY D. HUSSER;ON THE WEST BY AN ALLEY; ON THE SOUTH BY LOT N0. 11, NOW OR LATE OF HENRY R, MAY, AND ON THE EAST BY MAIN STREET, CONTAINING THIRTY (30) FEET IN FRONT ON MAIN. STREET AND ON THE ALLEY ON THE WES'~ TWENTY-SEVEN (27)' FEET SEVEN (7rINCHES AND HAVING A DEPTH OF ONE HUNDRED SIXTEEN (116) FEET. BEING LOT' NO. 12 ON MARTIN' S ADDITION TO THE TOWN OF W"rST FAIRVIEW. HAVING THEREON ERECTED A TWO AND ONE-HALF STORY FRAME DWELLING KNOWN AS N0. 312 SECOND STREET, WEST FAIRVIEW, PENNSYLVANIA. UNDER AND SUBJECT, NEVERTHELESS, TO EASEMENTS, RESTRICTIONS, RESERVATIONS, CONDTfIONS AND RIGHTS OF WAY OF RECORD. BEING THE SAME PREMISES WHICH DOMINICK SCARCHELLO AND ANNA SCARCHELLO, HIS WIFE, BY DEED DATE SEPTEMBER 24, 1986, AND RECORDED IN OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA,_-_ GRANTED .._.AND C0~1.. UNTQ t±Id~AiG G. WTTIIDdG'fUN kNA GF~tYL A. V~ITfI1~i'i'ar1. ElIS WIFE, (iRANI'~RS HBRl81~P BFfiNCi KNOWN AS: 312 Second Street, Enola, PA 17025. PROPERTY ID NO.: 45-17-1044-125 TITLE TO SAID PREMISES IS VESTED IN JrtMES S. BENOLST, JR. AND SANDRA L. BENOLST, HIS WIFE BY DEED FROM MARK S, WTTHINGTON AND CHERYL; A. V~ITHINGTON, HIS WIFE DATED 5/23/99 RECORDED 6110194 IN DEEDBOOK 106 PAGE 820: