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HomeMy WebLinkAbout10-0690UDREN 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 %-H NDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCRBST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingeOudren.com ATTORNEY FOR PLAINTIFF Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial Mortgage €CIVIL DIVISION Co of Pennsylvania 961 Weigel Drive -Cumberland Elmhurst, IL 60126 Plaintiff V. Bryan E. Failor County 125 Lakeview Drive NO. It) -(pqQ Carlisle, PA 17013 Defendant(s) cm c tv r rn (ItVt 1-TeC'1Y1 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 0&.00 piD AT'M 717-249-3166 800-990-9108 C& 144501 C AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones,a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ASOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 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 C, 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this action. 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: 712 Blosserville Road MUNICIPALITY/TOWNSHIP/BOROUGH: Upper Frankford Township COUNTY: Cumberland DATE EXECUTED: 10/26/06 DATE RECORDED: 10/31/06 BOOK: 1971 pAr'p..• 1112 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. C, 6. The following amounts are due on the said Mortgage as of 12/4/09: Principal of debt due $102,920.62 Unpaid Interest at 5.25% from 6/1/09 to 12/4/09 (the per diem interest accruing on this debt is $14.80 and that sum should be added each day after 12/4/09) 2,767.60 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Corporate Advance (Hazard Insurance) 3,791.26 Corporate Advance (County Taxes) 1,230.68 Attorneys Fees (anticipated and actual to 5W of principal) 5,146.03 TOTAL $116,461.19 *This interest rate is subject to adjustment as more fully described 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. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certifier? a„r1 accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility V WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $116,461.19 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. 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 C EXHIBIT A (PAGE 1) ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF UPPER FRAWFORD IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 10/26/2006 AND RECORDED 10/26/2006, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 2006039209 ANB-f*8E-. TAX MAP OR PARCEL ID NO.; 43-11-SMS-017 e 0 December 9, 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMD EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 1 EXHIBIT HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Bryan E. Failor _-__.-._____-------_----__- 712 Blosservine Road _Newville, PA 17241 0015789753 Beneficial Consumer Discount Company Beneficial Consumer Discount Compa_____ _ HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM VOIT MAY RE FLIGiRi.F. FOR FINANCIAL ASSISTANCE VMICH CAN SAVE. VOITR ROME FROM FORECLOSURE AND HELP VOIT MAKF. FUTURE MORTGAC.F. PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACT[b, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORFC LOSImE _ Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-face0 meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MFFTING MITST Orrr1R wrTWM 0 CONSiTMER CREDIT COUNSELING AGENCIES _ If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addressee and telenhnne numbers of desiignated consumer credit counseling a encim for h county in whi h the pmpcU is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediate]T of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE _ Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. Page 2 of 2 I YOU FIST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATITRR OF TIRE DEFAULT -'the MORTGAGE debt held by the above lender on your property located at: 712 Blosserville Road Newville, PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $915.59 for July 1, 2009 = $915.59 Monthly Payments of $85437 for August 1, 2009 through November 1, 2009 = $3417.48 Monthly Payments of $968.58 for December 1 2009 = X968.58 _ Monthly Late Charges of $0 for July 1, 2009 through November 1, 2009 = SQ.00 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: - -- --?-- --^ . S??l 65 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do no ice if not annficahle); WA HOW TO CURE THR DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS Mal-65 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavmentc mutt he made either h cac rlashier'q check , certifie..a check or money order mane payer} le and cent tn• You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not nce if not azrmlicahle l; lY(A Page 3 of 3 IF YOU DO NOT CURE. THE, DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to x r its . its rights to accelerate the mnrtga4 d h This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to forec_ ink n Tour mar aged pmmnejU. IF THE, MORTGAGE. IS FORE,C 1,OSFD UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If von cure the default within the THIRTY (30) DAY ?li , ynu will not he r gnired to nav attorney's fees- OTHF,R i.F.NDFR REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO C'I1RE. THE. DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yon still have the right to cure the default and prevent the sale at any time up to one hour hefnre the Sheriff's Sal You may do s0 J4 plying the to al amount then as due, h?s any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure gale and any other costs connected with the 4herifl'c 4a1 . ac if in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. F.ARi.iE.ST POSSiRi.E. SHERIFF'S SAi.F. DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: HSBC Consumer n Address: 961 Weigel Drive -Elmhurst, IL 60126 ---.--.--__-.- Phone Number: 1-800-333-5848 - Fax Number: 1-630-617-6891 -- Contact Person: -_ ?Maryl, to Woodworth .-.__ E.FFEC'T OF SHE.RiFF'S SAi.F. - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSI1MMON OF MORTGAGF. - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Page 6 of 6 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10/1512007 10:03:08 AM .,cams %.ounry mterrann mousing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Deny Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Priority Maila6 3d Mail. For ovide proof of ttach a Retum e to cover the fee waiver for Mail receipt is addressee or piece with the esent the arti- Certified Mail nail. an inquiry. Ln Er N m O 0 C3 Ln ru ru Er C3 O r`- ir E 8 N U. U. T M€ LL a t co LU qS C7 0 ` i+ o a co C) C) (V t to N c L ^) / 00) 0 ) u` Ill. O a c) j '' Ch --------------- D 0 ru- o LLl - ? ? ? r -0 Ln -?? U !td U Zv?oo?c ul 0 3 t ao o? ao .1 , i r • iority Mail, Mail. For e proof of i a Return cover the vaiver for receipt is 3SSee or with the the arti- Ied Mail iuiry. j< i ?? 1313 U } d K m q= E cQ W 1 09 11 T Op I .C ? ? W t 4 i G O 13 V7 ? o rv 1313 0 r3 p ir OE 19 0 ` OJ L rL Er O v v??JJI Z ? l e: U- N a s .r F ?) O ? S CO ? O9 C) n n G 'V! 0 o ri 'N 4 o _-M---- 0 N N Ln O C3 O O W N 0 6-' cn 2 - -uo ??-- Q .A. 3 0 = Z? ac O O `V y 30 ao O bo q t 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 make 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:( d MZ aW&U 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 'c t,,., of cmfl,"' "ffLC};f~r r-T TH' Ppp -i i ,JggApY 2010 FEB --8 AN 11: w 8 Edward L Schorpp Solicitor tai r Ih Beneficial Consumer Discount Company Case Number vs. Bryan E. Failor 2010-690 SHERIFF'S RETURN OF SERVICE 02/01/2010 08:40 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2010 at 2040 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Bryan E. Failor, by making known unto himself personally, at 125 Lakeview Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. Request for service at 712 Bloserville Road, Newville, PA 17241 is a rental property for Bryan E. Failor, he currently resides at 125 Lakeview Drive, Carlisle, PA 17013. SHERIFF COST: $44.20 February 03, 2010 (Cj Coun+ySuito Shenlf TeL'.^soft. Inc SO ANS ERS, O Y R ANDERSON, SHERIFF Deputy .heriff '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 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 Plaintiff V. Bryan E. Failor 125 Lakeview Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF 3c M M -n Y) _ -' co %J G t_ -t COURT OF COMMON PAS -- CIVIL DIVISION Cumberland County w MORTGAGE FORECLOSURE NO. 10-690CivilTerm 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) Bryan E. Failor 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 Plaintiffs damages as follows: As set forth in Complaint Interest Per Complaint From 2/5/09 to 3/6/10 $116,461.19 1,361.60 TOTAL $117,822.79 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. UDRE?N?LAW OFFICES, ,,FFI CES ,,P.C. BY:r ltIYg//y ?hMr&, Attorneys fof'Tlaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKE1%, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDI D ?l4.0o PuAT'h/ DATE : _ IA& Y at** 14 U U qS PRO OTHY 4385 (0(O IJ?he? I?'??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 LOUIS A. SIMONI, ESQUIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86406 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 Beneficial Consumer Discount €COURT OF COMMON PLEAS Company d/b/a Beneficial Mortgage €:CIVIL DIVISION Co of Pennsylvania 961 Weigel Drive Cumberland County ' C:Z ? r C_ -f C- J r Elmhurst, IL 60126 Plaintiff V. C Bryan E. Failor 125 Lakeview Drive NO. 1D 400 OAvi iT(°I"tii Carlisle, PA 17013 Defendant(s) COMPLAINT IN MORTGAGE.FORECLOSURE. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 P-PnUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ?? ,' ! 4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff?? Jody S Smith f Chief Deputy Edward L Schorpp Solicitor OPPICE OF KE t'ERIFIP Beneficial Consumer Discount Company Case Number vs. 2010-690 Bryan E. Failor SHERIFF'S RETURN OF SERVICE 02/01/2010 08:40 PM Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2010 at 2040 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Bryan E. Failor, by making known unto himself personally, at 125 Lakeview Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. Request for service at 712 Bioserville Road, Newviile, PA 17241 is a rental property for Bryan E, Failor, he currently resides at 125 Lakeview Drive, Carlisle, PA 17013. SHERIFF COST: $44.20 SO ANSWERS, February 03, 2010 O Y R ANDERSON, SHERIFF );*'T - < W ff r- ip!:?h` uty . eri 4 UDREN 1jAW OFFICES, P. C. MARK J. UDREN, ESQUIRE - ID #04302 STUART NINNEG, ESQUIRE - ID #45362 LORRAIN$ 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 WOOICREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669 -5400 lead; agno Cdr n _ .om Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff V. Bryan E. Failor Defendant(s) TO: Bryan E. Failor 125 Lakeview Drive Carlisle, PA 17013 Date of Notice: February 23, 2010 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-690CivilTerm YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST.YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT RP ?.T11 STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ----'t0UIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU ATTORNEY FOR PLAINTIFF - ID #04302 - ID #45362 - ID #34576 - ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff V. Bryan E. Failor Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-690CivilTerm 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: Bryan E. Failor Over 18 As captioned Unknown Sworn to and subscribed before me this 6TH day March, 2010. Notary ublic above Chi ame: Title: ATTORNEY FOR PLAINTIFF Company: UDREN LAW OFFICES, P.C. CARA STEARS NOTANKKXOFN BNBW 01111 l?lon BOU 10115M13 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID # 04302 STUART WINNEG, ESQUIRE - ID # 45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount 'COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County 2 C=- Plaintiff V. ::MORTGAGE FORECLOSURE 7'rr{ Bryan E. Failor € NO. 10-690CivilTerm CD O Defendant(s ) z t(_, om 3 PRAECIPE FOR WRIT OF EXECUTION - TO THE PROTHONOTARY: w Please issue writ of Execution in the above matter: Amount due $117,822.79 Interest From 3/7/10 1,302.40 to Date of Sale June 2, 2010 ongoing Per Diem of 14.80 to actual date of sale including if sale is held at a later date ® (Costs to be added) *(R4.oo Pia A-rTY YY• av - eos'F . ??. pp rr r r ~ ?k•GG? - r, r/ L UDR N LAW OFFICES, P.C. BY 'M rd hl) f)/ j Dir /1 , Attorneys "for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE (fo ?' . ?.so 4.k„ de's 14? RX as8 PE I)ri+ d UDREN LAW OFFICES, P.C. ATTORNEY 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 FOR PLAINTIFF pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial ::CIVIL DIVISION z- Mortgage Co of Pennsylvania :Cumberland County Plaintiff y r_.. V. ::MORTGAGE FORECLOSURE v Bryan E. Failor ::NO. 10-690CivilTerm Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: N 0 0 Z a OD -a C1 W 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: X -A. An individual 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: A .. i 74 ii UDREN LAW OFFICES, P.C. BY :rM / 1 A/ IA ()I /I?.f A1 tJ/? ) Attorneys for 7laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount 'COURT OF COMMON PLEA! tx? Fr, Company d/b/a Beneficial =CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff +? C V. MORTGAGE FORECLOSURE yz 4z Bryan E. Failor NO. 10-690CivilTerm Defendant(s) C E R T I F I C A T E N O {? O -n a r 03 --s C7 w 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. UDRCM EN LAW OFFICES, P. C. /? BY yi.l ho (1) 1)n I A Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE t R UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID # 45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 C 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS <•-= Company d/b/a Beneficial `CIVIL DIVISION .; Mortgage Co of Pennsylvania =Cumberland County rl: r. Plaintiff V. :MORTGAGE FORECLOSURE Bryan E. Failor :NO. 10-690CivilTerm Defendant (s) N o n d _.n do p ' C :V- 96 0 C4 AFFIDAVIT PURSUANT TO RULE 3129.1 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 712 Blosserville Road, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address 125 Lakeview Drive Carlisle, PA 17013 Bryan E. Failor 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 Beneficial Consumer Discount 961 Weigel Drive Company d/b/a Beneficial Elmhurst, IL 60126 Mortgage Co of Pennsylvania 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 712 Blosserville Road Newville, PA 17241 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: March 6, 2010 UDREN LAW OFFICES, P.C. BY P/]/ 1 A 111.A A(/l L/l?/ 1/1-?!ll/\ / Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE tUDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount =COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Bryan E. Failor :NO. 10-690CivilTerm Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Bryan E. Failor 125 Lakeview Drive Carlisle, PA 17013 Your house (real estate) at 712 Blosserville Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on June 2, 2010, at 10:00 am in the Commissioners Hearing Room.2nd Floor, Courthouse, 1Carlisle, PA , to enforce the court judgment of $117,822.79, 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 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AIL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF UPPER FRANKFORD IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 10/26/2006 AND RECORDED 10/26/2006, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE. IN DEED VOLUME 2006039209. BEING KNOWN AS: 712 Blosserville Road Newville, PA 17241 PROPERTY ID NO.: 43-11-3069-017 TITLE TO SAID PREMISES IS VESTED IN BRYAN E. FAILOR, A SINGLE MAN BY DEED FROM DEDRA L. FAILOR, A SINGLE MAN DATED 10/26/06 RECORDED 10/26/06 IN DEED BOOK 277 PAGE 1472. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-690 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY DB/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA, Plaintiff (s) From BRYAN E. FAILOR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $117,822.79 L.L. $.50 Interest FROM 3/7/10 TO DATE OF SALE 6/2/10 ONGOING PER DIEM OF $14.80 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $1,302.40 Atty's Comm % Atty Paid $176.70 Plaintiff Paid Date: MARCH 8, 2010 Due Prothy $2.00 Other Costs (Seal) Deputy REQUESTING PARTY: Name CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICE, 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. 203437 '1. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQIIIRE - ID #45362 FILEL- :~r"rdv~ LORRAINE DOYLE, ESQIIIRE - ID #34576 ~('j~ T~~ ~;=ti"";'f,-)~,}:'?~sQR,`{ ALAN M. MINATO, ESQIIIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 201 ~~~~ ' 3 ~~,~ ~: ~~ LOUIS A. SIMONI, ESQIIIRE - ID #200869 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQIIIRE - ID #204460 ~i~~ Ci~JtY'~~".i ` ~ti`w' iii-~~-' WOODCREST CORPORATE CENTER to~PJ~ a~Y~~r;h~~! 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Beneficial Consumer Discount Company d/b/a :COURT OF COMMON PLEAS Beneficial Mortgage Co of Pennsylvania ;CIVIL DIVISION Plaintiff :Cumberland County v. Bryan E. Failor Defendant(s) ?NO. 10-690CivilTerm 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: April 29, 2010 UDREN ~T_•k3HFT'CES~; ~P':` ~~ (.`Attorneys for Pla,' iff MAR`K-z3--. --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 -1D #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. Bryan E. Failor Defendant(s) ATTORNEY FOR .PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-690CivilTerm TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Bryan E. Failor PROPERTY: 712 Blosserville Road, (Upper Frankford Township) Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County SherifFs Sale on June 2, 2010, at 10:00 am, in the Commissioners Hearing Room, 2"D Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 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X~ m .Z] y fD a 3 w v c= T(n tD CO O. a ~ y ~ N > > d n 7t ~ ~~m m,w m Amy ~~' T(A m ~~D~c d NS o ns ~ 3 m c° -'~ v 3~ m G N A IT ~ ~ O ~~ O~ (D M _ y y o 3 b ° " ~ u 1 !' ~~ ~ ~ o i H o v o'v ei m . x y ~ ~ O ~ C -mow ~ m ~ p ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ~41;,.~" of 4'u,nGrfif~~~ Chief Deputy Edward L Schorpp - Solicitor ~rF c:~ -.:~ ~~ G,~ Beneficial Consumer Discount Company vs. Case Number Bryan E. Failor 2010-690 SHERIFF'S RETURN OF SERVICE 03/30/2010 08:04 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2010 at 2000 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: Bryan E. Failor, by making known unto Bryan E. Failor, personally, at 125 Lakeview Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/05/2010 07:53 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1945 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 Bryan E. Failor, located at 712 Blosserville Road, Newville, Cumberland County, Pennsylvania according to law. SHERIFF COST: $898.92 SO ANSWERS, ~~ ~: April 26, 2010 RON R ANDERSON, SHERIFF ~~XHIBIT B !c; GcuriySuite Sheriff. Teleosoft. ir.;;. !` ~~~ / ~~ v" /r) ~C 4 SH€RIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ` ~.;, ;. _ Sheriff ~ ~ - Jody S Smith ~ ~~ Chief Deputy ~ ~ %~l~ ~.:;_ ! cam'. X;'~ ~; : ,.t ~ ~ ~ ~~~ °~O/O ~lt~L l~ Richard W Stewart ,qjy~ /p; y9 Solicitor ~F~~ F ~,~ ,-~-~ s~-~ai~~ ~; `!~ ~ i ~i . , ;.; .+d_ _ _ ~. Beneficial Consumer Discount Company vs. Case Number Bryan E. Failor 2010-690 SHERIFF'S RETURN OF SERVICE 03/30/2010 08:04 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2010 at 2000 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: Bryan E. Failor, by making known unto Bryan E. Failor, personally, at 125 Lakeview Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/05/2010 07:53 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1945 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 Bryan E. Failor, located at 712 Blosserville Road, Newville, Cumberland County, Pennsylvania according to law. 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark Udren, on behalf of Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania, 961 Weigel Drive, Elmhurst, IL 60126, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 775.57 SHERIFF COST: $775.57 June 30, 2010 SO ANSWERS, ~~, RON R ANDERSON, SHERIFF a ,©~ ,~~ ~ ~o L~-Pd - ~~~ ~~ ~~y ,~ ~~S.3o (c:) G~un`ySwle 5henf? TelFCSOft. Inr UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. •ZjDRE,1V, ESQUIRE - ID #04302 STUART vJINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial :CIVIL DIVISION Mortgage Co of Pennsylvania :Cumberland County Plaintiff v. Bryan E. Failor Defendant(s) MORTGAGE FORECLOSURE NO. 10-690CivilTerm AFFIDAVIT PURSUANT TO RULE 3129.1 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 712 Blosserville Road, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Bryan E. Failor 125 Lakeview Drive Carlisle, PA 17013 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 Beneficial Consumer Discount 961 Weigel Drive Company d/b/a Beneficial Elmhurst, IL 60126 Mortgage Co of Pennsylvania 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 7. Name and address of has knowledge who has affected by the sale: Name Tenants/Occupants Address 712 Blosserville Road Newville, PA 17241 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: March 6, 2010 UDREN LAW OFFICES, P.C. BY ~ ~' V ,~.~''Il.~ ~I ~~ ~~~~t ,~ l~,r~ l.~ Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 1 Courthouse Square Carlisle, PA 17013 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 every other person of whom the plaintiff any interest in the property which may be LJDREI~ LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J..UDREN, ESQUIRE - ID #04302 STUART~WINNEG, ESQUIRE - ID #45362 L,ORRAINE DOYLE, ESQUIRE - ID #34576 AZAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. Bryan E. Failor Defendant (s ) :COURT OF COMMON PLEAS :CIVIL DIVISION 'Cumberland County :MORTGAGE FORECLOSURE =NO. 10-690CivilTerm NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Bryan E. Failor 125 Lakeview Drive Carlisle, PA 17013 Your house (real estate) at 712 Blosserville Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on June 2, 2010, at 10:00 am in the Commissioners Hearing Room.2nd Floor, Courthouse, 1Carlisle, PA to enforce the court judgment of $117,822.79, 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 TF 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. Xou 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 1'7013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AZL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF UPPER FRANKFORD IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 10/26/2006 AND RECORDED 10/26/2006, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE. IN DEED VOLUME 2006039209. BEING KNOWN AS: 712 Blosserville Road Newville, PA 17241 PROPERTY ID NO.: 43-11-3069-017 TITLE TO SAID PREMISES IS VESTED IN BRYAN E. FAILOR, A SINGLE MAN BY DEED FROM DEDRA L. FAILOR, A SINGLE MAN DATED 10/26/06 RECORDED 10/26/06 IN DEED BOOK 277 PAGE 1472. UDREN LAW Ok'FICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART~WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 AZAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania Plaintiff v. Bryan E. Failor Defendant(s) :COURT OF COMMON PLEAS :CIVIL DIVISION €Cumberland County :MORTGAGE FORECLOSURE €N0. 10-690CivilTerm NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Bryan E. Failor 125 Lakeview Drive Carlisle, PA 17013 Your house (real estate) at 712 Blosserville Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on June 2, 2010, at 10:00 am in the Commissioners Hearing Room.2nd Floor, Courthouse, 1Carlisle, PA to enforce the court judgment of $117,822.79, 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 P~IAY STII,~L BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS~EVEIQ IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF UPPER L'RANKFORD IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 10/26/2006 AND RECORDED 10/26/2006, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE. IN DEED VOLUME 2006039209. BEING KNOWN AS: 712 Blosserville Road Newville, PA 17241 PROPERTY ID NO.: 43-11-3069-017 TITLE TO SAID PREMISES IS VESTED IN BRYAN E. FAILOR, A SINGLE MAN BY DEED .FROM DEDRA L. FAILOR, A SINGLE MAN DATED 10/26/06 RECORDED 10/26/06 IN DEED BOOK 277 PAGE 1472. WRIT OF EXECUTION and/or ATTACHMENT ,, COMMONWEALTH OF PENNSYLVANIA) NO 10-690 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA, Plaintiff (s) From BRYAN E. FAILOR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $117,822.79 L.L. $.50 Interest FROM 317/10 TO DATE OF SALE 6/2/lA ONGOING PER DIEM OF $14.80 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $1,302.40 Atty's Comm Atty Paid $176.70 Plaintiff Paid Date: MARCH 8, 2010 (Seal) Due Prothy $2.00 Other Costs David D. Buell, Prot onotary By: Deputy REQUESTING PARTY: I Name CHANDRA M.. ARKEMA, ESQUIRE Address: L'P~REN LAW OFFICE, 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. 203437 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA, Known and numbered, 712 Blosserville Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By~ -~-~' Rea Estate Coordinator 0 =~~ • i C. '~.%i `Ut U 1 (~~J ii iJ ~:J1, C~19 ~_ 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: April 16, April 23, and Apri130, 2010 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 r_~ time, place and character of publication are true. wit xo. ZO10-690 Civil Beneficial Consumer Discount i~~~~~ Company d/b/a Beneficial --~"-'~ Mortgage Company of Pennsylvania 1sa Marie Coyne ditor vs. Bryan E. Failor Atty: Mark J. Udren SW TO AND SUBSCRIBED before me this ALL THAT CERTAIN property situated in the Township of Upper 30 da of Aril 2010 Frankford in the County of Cum- berland and Commonwealth of Pennsylvania, being more fully de- scribed in a deed dated 10/26/2006 Notary aid recorded 10/26/2006, among the land records of the county and state set forth above in Deed Volume 2006039209. BEING KNOWN AS: 712 Blosser- ~..,..~ NO?AR{AL SEAL ville Road, Newville, PA 17241. OE80RAH A COLLINS PPOPERTY ID NO.: 43-11-3069- 017 Nohry P4blk . TITLE TO SAID PREMISES IS VESTED IN Bryan E. Failor, a single CARLISLE BOROUdH. CUMBERLAND COUNTY MY COltlmiallOtl Expires Apr 28, 2014 man by deed from Dedra L. Failor, a single man dated 10/26 j06 recorded 10/26/06 in Deed Book 277 Page 1472. ~fe~< fi~tt~iw. 4 . : ~ i 5 .! t'~I stJ -. K • ~ ~ The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHER{FFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, 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: ~~ ~~~serm 04/16/10 8iwit~li~Atif Cerlttwtramrlw bihoow+t 04/23/10 ~ ~ "- 04/30/10 Cw~y 4 pa~~lvara~ .. .. .. ... .......... . ~R. Attq;Nwrkd Sworn to ani~siabscribed befor me this ; ay of May, 2010 A.D. ALL' THAT CERTAIN pto~perty. situated ~// m tl~ townslu' of U t Fi2ekford t ,• ty n the / Coup t7f~Camber~ndaldConmdnweahhof ~._ ~C l_~fi~-- ~~ ~ '' Peo6sylvaara, being more fatty desailxA in a Nota Public r deed dated't0/ZG%lQ~ aid recorded 1i1/26l20tl(i, rY amongtklandreeords ditheCountyand state set forfhalirm. In deed wo9mie 20060397A9. BEING I~10~I AS '~12 Btosserville Road Newv~Ile,PA 17242 COMMONWEALTH OF PENNSYLVANIA PPOPER~tYmNt0,:43-tt-3069-017 Notarial Sral 1'lT1.E TO SAID PRl?M[5PS 2S V~S~I) IN Sherrie 1. Klsrter, Notary Publk 1dRjtA1~ E. FAILUR, A S3~tGLE INAN DY Lower Paxton 7wp., DaupMn County LIECBD I~[ A L PA1fAR, A StfiGt~ MY CommisSlort Expires Nov. 26, 2011 iM 10/16/06 Member, Pennsvhrenla Assodatlon of Notaries 1N Dt~f iBOt+i)r 2"Il l!At~ 1472. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which BENEFICIAL C D C DBA BENEFICIAL MTG CO OF PA is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 8TH day of MARCH, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 690, at the suit of BENEFICIAL C D C DBA BENEFICIAL MTG CO OF PA against BRYAN E FAILOR is duly recorded as Instrument Number 201018319. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of A.D. ~ ~ v ~-, ~er~sls, !yl rarn.aot4