HomeMy WebLinkAbout10-2749I i
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
To: oNa 1D C .VA1tNC2 ? C MM 44NL
r1le are hereby notified to a written response to the enclosed
r, w within
twenty (20) days from the service hereof
or a judgment may be entered against you.
Attorney for Plaintiff G v -a
Attorney for Plaintiff s
File: 22.12254
Beneficial Consumer Discount Company
D/B/A Beneficial Mortgage Co of
Pennsylvania
636 Grand Regency Boulevard
Brandon, FL 33510,
Plaintiff,
Vs.
Ronald L. Varner
1049 Grahams Woods Road
Newville, PA 17241,
and
Emma Jane Varner
1049 Grahams Woods Road
Newville, PA 17241,
Defendants
COURT OF COMMON PLEAS-,-,
CUMBERLAND COUNTY__
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No.. It -,114q a-IVI 1`T m
CIVIL ACTION
MORTGAGE FORECLOSURE
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NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or
by attorney and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within
30 days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within 30 days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the Judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Beneficial Consumer Discount Company
DB/A Beneficial Mortgage Co of
Pennsylvania
636 Grand Regency Boulevard
Brandon, FL 33510,
Vs.
Plaintiff,
Ronald L. Varner
1049 Grahams Woods Road
Newville, PA 17241,
and
Emma Jane Varner
1049 Grahams Woods Road
Newville, PA 17241,
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.:
CIVIL ACTION
MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of
Pennsylvania (the "Plaintiff'), is a corporation registered to conduct business in the
Commonwealth of Pennsylvania and having an office and place of business at 636 Grand
Regency Boulevard, Brandon, FL 33510.
2. Defendants, Ronald L. Varner and Emma Jane Varner, (collectively, the
"Defendants"), are adult individuals and are the real owners of the premises hereinafter
described.
3. Ronald L. Varner, Defendant, resides at 1049 Grahams Woods Road, Newville, PA
17241. Emma Jane Varner, Defendant, resides at 1049 Grahams Woods Road, Newville, PA
17241.
4. On March 27, 2006, in consideration of a loan in the principal amount of $128,983.90,
the Defendants executed and delivered to Beneficial Consumer Discount Company D/B/A
Beneficial Mortgage Co of Pennsylvania a note (the "Note") with interest thereon at 7.93990
percent per annum, payable as to the principal and interest in equal monthly installments of
$941.79 commencing May 1, 2006.
5. To secure the obligations under the Note, the Defendants executed and delivered to
Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of Pennsylvania a
mortgage (the "Mortgage") dated March 27, 2006, recorded on March 30, 2006 in the
Department of Records in and for the County of Cumberland under Mortgage Book 1945, Page
0469. See Mortgage attached. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein
by reference.
6. The Mortgage secures the following real property (the "Mortgaged Premises"): 1049
Grahams Woods Road, Newvillle, PA 17241. A legal description of the Mortgaged Premises is
attached hereto as Exhibit "A" and made a part hereof.
7. The Defendants are in default of their obligations pursuant to the Note and Mortgage
because payments of principal and interest due October 1, 2009, and monthly thereafter are due
and have not been paid, whereby the whole balance of principal and all interest due thereon have
become due and payable forthwith together with late charges, escrow deficit (if any) and costs of
collection including title search fees and reasonable attorney's fees.
8. The following amounts are due on the Mortgage and Note:
EXHIBIT A
ALL THAT CERTAIN TRACT OF LAND, SITUATE IN UPPER FRANKFORD
TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF TOWNSHIP
ROAD NO. T-448, ON THE LINE OF LOT NO. 5 ON THE HEREINAFTER
MENTIONED PLAN OF' LOTS; THENCE ALONG THE LATTER, NORTH 76
DEGREES, 30 MINUTES 05 SECONDS EAST, A DISTANCE OF 315.89
FEET TO AN IRON PIN ON THE LINE OF LOT NO. 2 ON SAID PLAN;
THENCE ALONG THE LATTER, SOUTH 05 DEGREES 19 MINUTES 45
SECONDS WEST, A DISTANCE OF 100.00 FEET TO AN IRON PIN ON
THE LINE OF LOT NO. 5 ON SAID PLAN THENCE ALONG THE LATTER
NORTH 88 DEGREES 52 MINUTES 08 SECONDS WEST, A DISTANCE OF
299.80 FEET TO A RAILROAD SPIKE IN THE CENTERLINE OF SAID
TOWNSHIP ROAD T-448; THENCE ALONG THE LATTER, NORTH 03
DEGREES 19 MINUTES 43 SECONDS EAST, A DISTANCE OF 100.00
FEET TO A RAILROAD SPIKE AT THE PLACE OF BEGINNING.
CONTAINING 0.9610 ACRES AND BEING DESCRIBED ACCORDING TO A
SUBDIVISION PLAN FOR THE JOHN MOFFITT ESTATE BY CARL D.
BART, R.S., DATED AUGUST 19, 1977, AND RECORDED IN THE
OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY,
PENNSYLVANIA IN PLAN BOOK 31, PAGE 74.
TAX MAP OR PARCEL ID NO.: 43-03-0065-032 TAX MAP OR
PARCEL ID NO.: 43-03-0065-032 ADDRESS: 1049 GRAHAMS WOOD
ROAD; NEWVILLE, PA 17241-9780
Balance of Principal ................................ $125,003.36
Accrued but Unpaid Interest from
9/ 1 /09 to 4/22/10
@ 7.93990% per annum
($27.19 per diem) .................................... ....$6,362.46
Corporate Advance ......................................$2,298.00
Extension Interest Due .................................$3,541.98
Title Search Fees ............................................$350.00
Reasonable Attorney's Fees ........................$1,250.00
TOTAL as of 04/22/2010 ........................$138,805.80
Plus, the following amounts accrued after April 22, 2010:
Interest at the Rate of 7.93990 per cent per annum ($27.19 per diem);
Late Charges per month if applicable
9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session
of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the
Defendants at 1049 Grahams Woods Road, Newvillle, PA 17241 as well as to address of
residences as listed in paragraph 3 of this document on March 2, 2010, the notice pursuant to §
403-C of Act 91, and the applicable time periods therein have expired.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for
foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8,
namely, $138,805.80, plus the following amounts accruing after April 22, 2010, to the date of
judgment: (a) interest of $27.19 per day, (b) late charges per month if applicable, (c) plus interest
at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees
(if any) hereafter incurred, (e) and costs of suit.
MILSTEAD & ASSOCIATES, LLC
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
VERIFICATION
I, Mary L. Harbert-Bell, hereby certify that I am an Attorney for Plaintiff and am authorized to
make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the
forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge,
information and belief. This verification is made subject to the penalties of 18 Pa. C.S. '4904,
relating to unworn falsification to authorities.
' Q
Name: Mary L. Harbert-Bell, Esquire
Title: Attorney
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This inetruracut was RECuROA iD
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UM # 43-03-0065-032
711716 ?ORTGAGE
IF BOX 1S CEIECKED. TWS MORTGAGE 13 AN OPEN-END MORTGAGE AND
S?URES pU PtE AD'VANCES• ? of 2046 , between the
TiM MORTGAGE is trade the y kfE
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-a. following parstrwh precoded by s a ;n toll prix is ffuMable.
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F v-_? rho BoMwer is indebted to lreni a WMRM. L nvie-'aid by Bortowaea Loan Repayment and Sxuri?A$rarr t or
or ?swals thwe (heraio
Agr ttant dated and interest, including anY ad tnnenta t° the
"Note" ), pmoviding r to Y manta o pP?
amount of payments or the 00att7tct rats if that rata is variable, with the balance of indabtedttm, it
not sow paid, due and Payable on
'
it, the principal sums of $
0 WHEREAS, Borrower ie indebted to Lender r Agreeett
be advanced Pura to Borrower a Revolving' aft for
or eo much thereof as mom' and e?t?otrs and ?ewale thereof (herein Note"), pro??
irtteregt at the rate and under the tartan cpocitiad in the Kota. indudi*4 auy
moat p rctsta menus, azs kdi for a credit limit stated in the
adjustments . the interest rate if that rat. is variable, and Prop'
primipal sum above and an initial advance of S evidenced bye
TO SECURE to LWAar the ?.Yment of (1) the indebteds any
including any ineroasea if the pontrec,
interest thereon. rate is variable; with intend thenoon. sd";°` is
ent; (3) the Palment of all othtsr o? with
sans,
evolving Loan Agreem reef the set tnxty of this Mo>1?8a: end (4) the ?°Y?ee of the covomts
?rdanoa herewith to pro Bwon dose hermby mortgage. Brant and convey to
and agreements of Borrower be;and saign the following described proP=-y locaud in the CpuntY of
Lamer and hander's sur M C mmonweelth of Pennaylvanisc
pLAND
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TOGMER with all the improvements now or hereafter erected on the propertY, and all
easements. rights, appurtenances and rents, all of which shall be decmed to be and remain a part of the
and all of the foregoing, together with said property (or the
D;wV covered by this (lease d estate if this l?ortgegeo?gs on a leasehold) are ha&ufter refer to as the 'Property.*
has the and Borrower covenants that Bwower is lawfully seised of the estate hereby wnv?d except for
right to mortgage grant and convey the Property, and tMt the property is uruenoum
encumbrances of retard. Borrower covenants that Borrower warrants and will defend generally the title
to the property agednat ad daima and demands, subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows;
1. Ptymcat of Principal Interest, Escrow Items, Prepayment Charges+ and Late ChargeL
Borrower shall pay when due the principal of. and interest (Including any variations in interest resulting
from ehaages in the Contract Rau that may be specified in the Note) on, the debt evidenced by the Note
and any prepayment d KVW and late charges due under the Note. Borrower awl am pay f w shale(
Escrow items pursuant to Section 3. Payments due under the Note and this Security
be made in U.S. currently. However, if any check or other instrument received by Lenthatym or
ua4w the Notts or this Security Instrument is returned to Lender unpaid, Leader may require
all submquent payments due under the Note and this Security wont be made in one or more of the
following forms, as aelccted by Lander. (a) cub: (b) money order, (c) certified check, bank t hwk,
treasurer's check or cashier's check, provided any such check is drawn upon an Institution whose
deposits arc insured by a federal agency, instrumentality, or entity; or (d) Elechonic Funds Transfer.
in the Note or at
Payments are deemed received by Lander when ? at tt?elocation dtod??oru: in Section
such other location as may be designated by Lender in accordance w? the notice pro
12. Lender may return any payment or partial payment if the payment or partial payments are
insufficient the Loan convat• Leader may accept any payment or partial payment insufficient
to bring the to Loan bring current. without waiver at any rights hereundet' or prejudiee to its rights to refuse
to brin s1x?u payments at
such payment or partial payments in the future, but Lander is not obligated to apply
the time such payments are aeoepted- if each Periodic Payment is applied as of its adeeduled due date,
than Lender need not pay interest on anapplied funds. Leader may hold such unapplied funds until
Borrower makes payment to bring the Lean current. If Borrower does not do so within a reasonable
period of time, Loader shall either apply such funds or return them to Borrower. It not applied earlier,
Much funds will be applied to the outstanding principal balance under the Note Immediately prior to
foreclosure, No offset or claim which Borrower t have now the Nato or iand n the ttia fuwre Bacons amen ell
relieve Borrower g the the covenants from rstaki gr pe eennts aecurcd by this Security Instrument.
2. performing Application o ot f paandymeents nts or Proceeds, Except as otherwiss described In this Section 2 or as
accepted and applied by Lender shall be
may be requirod by the Note matter applicable law, all payments accepted under the
applied in the following order of priority (a) interest due under the Note; (b) principal due Note; (c) amounts due under Section 3. Such payments shell be applied to each Periodic Payment in the
order in which it became due. Any remaining amounts dull be applied first to late charges, second to
any other amounts due under this Security Instrument, and then to reduce the principal balance of the
Note.
If Lender receives a payment from Borrower torn cent appliodc to the Psymeat which includes 2
may dclinqkmt payment
sufficient amount to pay any late charge due, the payment
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and the late charge. it snore than one Periodic Payment is outataading, Lender may aPPly eny payment
received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each
payment can be paid in full. To the extent that my osoeas exists after the payment is applied to the f111M
payment of one or more Periodic Paysnentg, such atom may be applied to any late charges due.
Voluntary prepayments shall be applied first to my prepayment charges and then ae: described in the
Nora.
Any application of payments, insurance proosed% or Miscellaneous Proceeds to principal due
under the Note shall not camd or postpone the due date, or change the amount, of the Periodic
Payments.
3. Funds for Emow Items. Borrower shall pay to Lender on the day Fender Payments era due
under the Note, until the Note is paid in full. a sum (the'Femds") to provide for payment of amounts
(a) U= and assessments and other items which can attains priority over this Security
due for
Intn must as a lien or encumbrance on the Property: (b) leasehold payments or ground rents on the
Ptoperty, if any, (c) premiums for any and all insurance required by Lender under Swdon 5. and (d)
Mortgage Insurance premiums, if any. Them items are called '13mcrow Items.' At origination or at
any time during the term of the Loan, Lander may require that Community Association Due& Pees.
and Assessments. if any, be escrowed by Borrower, and such dues, fees. and assessments shall be an
Barrow Items. Borrower 4*11 promptly furnish to Lander all notices of amounts to be paid under this
Section. Borrower ahali pay Lender the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all .Barrow Items. Lender may waive Borrower's obligation to
pay to Lander funds for any or all Escrow Items at nay time. Any such waiver may only be in writing.
In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts dues for
any Escrow Items for which payment of Funds has been waived by Lender and. If Lander requires, shall
furnish to header receipts evidencing such payment within such time period as L&x1cr may require.
'Borrower's obligation to mab such payments and to provide receipts ahall for all purposes be doemed
to be a oovenaot and agreement contained in this security instrument, as the phrase "covenant and
agreement' is used in Section 7. If Borrower is obligated to pay Escrow Items directly. pum*at to it
waiver, and Burrower fails to pay the amount due for an Becrow Item, Leader may ewdsc its rights
under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay to
Lender any such amount, Lender may revoke the waiver as to any or all Fcxow Items at any time by a
notice given in accoudsnca with Section 12 and, upon such revocation, Borrower she11 pay to Leadesr all
Fonda, And in such amounts, that are them required under this Section 3.
Lender may, at any tir4a, collect and hold Funds in an amount (a) sufficient to permit Lender to
apply the Funds at the time specified under RIB & and (b) not to ciceed the maximum amount a
tender can require unde=r the Real Berate Settlement Procedures Act (12 U.S.C. Section 7601 at sTnq.) and
its implevwt4v regulation. Regulation X (?A C.P.R. Part 45000. an they might be amended from time
to time, or any additional or successor legislation or regulation that governs the same subject matter.
As used in this security instrument, "RESPA" refers to all requirements and restrictions that arcs
imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a 'federally
related mortgage loan' under RESPA. Leakier shell estimate the amount of Fw1ds due on tic basis of
current data and reasonsble estimates of expenditures of future Escrow Items or otherwise in
w=rdaaaa with Applicable Law.
The Funds shall be held in an institution whose deposits are inpA%d by a Worm agency,
instrumentality, or e=ntity (including Lander. if Lander is an institution whose deposits are so insured)
PAP01303
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or in any Federal Home Loan Bank. Lender shall apply the Funda to pay the Escrow Items no latw
than the time specified under RESPA. Lender shall not charge Borrower for hawing and applying the
Fusels, annually analyzing the escrow account, or verifying the Escrow Items, unIcas Lender pays
Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an
agreement is made in writing or Applicable Law requires inteteat to be paid on the Punt* Lender shall
not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can
agree in writing, however, that interest shall be paid on the Funds. Linder shall give to Borrower,
without charge, in annual accounting of the Funds as required by RESPA.
If them is a surplus of Funds held in escrow, as defined under RESPA, I.eauder shall account to
Borrower for the excess funds in aceordatim with RBSPA. If there is a shortage of Funds held in
escrow, as defined under R- SPA, Lendet shall notify Borrower ag required by RHSPA, and Borrower
"I pay to bender the amount necowa y to who up the shortage in accordance with RESPA, but in no
more than 12 monthly payments. If that e is a deficiency of Funds held in escrow, as defined under
RESPA, Lender shall notify Borrower as required by RBSPA, and Borrower shall pay to Tender the
amount necessary to make up the dareieney in accordance with REBPA, but in no more than 12
monthly payments.
Upon payment in full of all sums Secured by this Security Instrument, Lender shall promptly
refired to Borrower any Funds held by render.
4. Prior Mortgagee and Lined of Trust; Charges; Liens. Borrower shall perform all of
Borrower's obligations under any mortgage, dead of trust or other security agreement with a lien which
has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower
shall gay or cause to be paid all taxes, a m mts and other charges, ft a and impositions attributable
to the Prrnparty which may attain a priority over this Mortgage, and leasehold payments or ground
rents, if any.
5. Hazard Insurance. Borrower shall keep the improvements now erisagg or hereafter erected on
the Property insured against lase by fire, hazards included within the term "extended coverage,' and
such other hazards as Lender may require.
The insurance carrier providing the insurance shall be chasm by the Borrower subject to approval by
Lender-, provided, that such approval shall tot be unreasonably withheld. All insurance policies and
renewals thereof shall be its a fount acceptable to Leader and shall include a standard mortgage clause in
favor of and in a form acceptable to Leader. Lender shall have the right to hold the policies and renewals
d=wf, subject to the terms of any mortgage, dead of trust or other security agreement with a lien which
hoe priority over this Mortgage.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of lose if not made promptly by Borrower.
If the Property is abandoned by Borrower. or if Borrower fails to respond to Lender within 30 days
from the data notice is mailed by Lender to Borrower that the insurance carrier offers to aettle a claim for
insurance benefits, Lander is authorised to collect and apply the irmirance proceeds: at Lender's option
either to restoration or repair of the Property or to the sums secured by this mortgage.
6. Preservation and Maintenance of Propertyi Y eanholds; Condominiums: Ptumed Unit
Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit
impairment or deterioration of the Property and shall comply with the provisions of any lease if this
Mortgage is on & leasehold. If this Mortgage is an a unit in a coodmninium or a planned unit development,
Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or
it-11-03 I"
1
wru6C26M9390eaOWA0013e40WARNER r ORisIM
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governing the condominium or planned unit development, the by-laws and regulations of the
condominium or planned unit dovelopment, and eonatituent docu ments.
1. Protection at Landow security. u Borrower fails to perform the covenants and agrvemants
contained in this Mortgage, or if any aeon or proceeding is commenced which materially affects Leader's
than L ender. at 1&4es option, upon notice to Borrower, may matte such
interest in the ProP?y? bleattorneeyl? fetes, and take such ?onasisnecessary to
apPaarar>xs, disbttrselatch s?ma;.1nc11tdiag
protecamder's intwest.
Any amounts disbursed by Lehr pursuant w this paragraph 7, with interest thereon, at the caattact rata, shall become additional indebtedness of Borrower secured by this Mortgage Ualuea Borrower and
Lender agree to other terms of payment such amounts shall be payable upon notice from Lender to
Borrower raquesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur
any expanse or take say action hereunder. entries upon and inspections of the
8. kspection. Lender may take or cause to be made rcasoaebla e such inspection apeeifYihe
Property, provided that Leader shall give Borrower notice prio any reesonablacalssetherefor rdatedtoLander'sinterest inthoProperty. director cons«luentiat. in
9. Coadeannation. 'The pM=& of any award or claim for damages,
connectionwithany condemnation orothar tal6ag of thePropMty, or part thereof. or for conveyance in lieu
of condemnation, are hereby asuiWd and shall be paid to Lender, subject to the terms of any mortgage,
deedof trust or othcreecursty&Veement with alien which has priority over this Mortgage.
10. Borrower Not Released; Forbearance By Leader Nat a Waiver, EbUosionbof tlie time for
payment or modification of unostization of the sums secured by the Mortpp ant y Lender ?a original
poor in interest of Borrower shall not operate to release, in any mamm. Borrower and Borrower's suoeeeatoca in internat. Lender shall riot be required to commence proceedings
against each successor or refuse time f da>,na?tyid amt or otherwise modify amortization
and gortower's
secured by this MotVW by made by the original
sueceasoro in interest Any forbearsnoe by Lender In exercising any right or remedy hereunder, or otherwise
su&rIghtor remedy,
afforded by applicable law, shall rot bas waiver of or pr viude ihomercissoi any,
11. S ocaessoars and Assigns Bound; Joint aalb Several Liability; Co-signers. The covwmts and
agxeemauts heroin contained shall bind, and the rights hereunder.' shall inure to, the respective successors
and assigns of Ianclue and Borrower, subject to the provi of paragraph 16 haroof. All covowmts and
t and several. Any Borrower who co-signs this Mortgage, b not
a ecutee of e shall be join to mortgage, grant and convoy s
execuu the eN otte, , ( (aa) ) is s co' siBniag this 1vI°rtgaSe only
is not stable on the Nate
interest in the Property to LcWor' under the teraw of this Mortgage, (b) personally to ems
or under this Mortgago, end {c) agrees that Lender and any other Borrower hereunder may agree Note
modify, forbear, or puke any other accorn modations with regard to the terms of this Mortgage or the
earn that
without that Borrowers consent and within releasing that Borrower or modifying this Me>rtgsge
Borrower's interest in the Property applicable law to be given in another manner, {s) any
12. Notice. )?aeeptforanynodarogrurodunder appl: deliveringitorbymailiagauchne?ticeby
notice to Borrower provided for in this mortoa shall best?b7 Borrower may
?ified mail addressed to Borrower at the Property Address or at such other addrea$ as
designate by notice to Lender as provided herein. and (b) any notice to Lander shall be given by certified
mail to Leandees address stated herein or to such other address as Lander may do ignate by notice to
Borrower as provided herein. Any notice provided for in this Mortsap shall be deemed to have beast given
to Borrower or Lender when givenin tho mannardesigiwted herein.
13. Gove wing law-, Sevosability. The applicable Saw contained in the Neste shall control. Where no
applicable law is contained therein, the auto and local laws applicable to this Mortgage shell be the laws of
icabitity
rAgs13a5
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-6-
of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or
the Note which can be given effect without the conflicting provision, and to this cad the provisions
of this Mortgage and the Note are declared to be severable. As used herein. 'costa," 'expenses' sad
`attorneys' fees" includa all sauna to the extent not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be futniahed a conformed copy of the Note and of this
Mortpp at the,time of execution *r alter recordidan hereof.
15, Rehabilitation Loan Agreement. Borrower dWI fu II all of Borrower's obligations under any
home rehabilitation, improvomoat, repair, or other loan agreement which Borrower asters into with
Lencles. Lender, at Leas K's option, may require Borrower to execute and deliver to Leader, in a form
acceptable to Lender, an assigMeat of any rights. claims or defenses which Borrower may have against
parties who supplylabor, matedalsor services in connection with improvements madeto the Property.
16. Transfer of the Proporty. If Borrower sells or tranders all or any part of the Property
or an interest therein, excluding (a) the creation of a lien or eacunpbmw subordinate to this
Mortgage. (b) o "trsodar by devise, descant, or by operation of law upon the death of a pint tenant,
(c) the grant of any leasehold interest of three years or leer not containing an option to purchase, (d)
the creation of a purchaaa money security interest for houseliold appliances, (e) a under to a
relative resulting from the death of a Borrower, (f) a transfer where that spouse or children of the
Borrower become an owner of the property, (g) ¦ transfer resulting from a decree of dissolution of
marriago, too separation agreement, or from an incidental property settlement agrocinant, by which
the spouse of the Borrower becomes an owner of the property, (h) a treader into an inter vivos
trust in which the Borrower is and remains a beneficiary and which dew not relate to a treader of
rights of occupancy in the property, or (i) any other transfer or disposition described in regulations
prescribed by the Federal Home Loan Bank Board, Borrower shall caum to be submitted
information required by Lander to evaluate tho transferee as if a new loan were being made to the
transferee. Borrower will continue to be obligated under the Note sad this Mortgage unless Lender
releases Borrower in writing.
If Lender does not agree to such agile or transfer. Lender may declare all of the sums secured by
this Mortgage to be immediately duo and payable. If Lender nercises such option to accelerate, Lender
shall trail Borrower notice of acceleration in accordance with paragraph 12 Went Saoh r1Dtice shall
provide a period of not leas than 30 days from the date the notice is tnailed or delivered within which
Borrower may pay the sums declined due. If Borrower fails to pay such sums prior to the expiration of
such period, Lender may, without further notice or demand oa Borrower, invoke any remedies
permitted by paragraph 17 hereof.
NON-UNIPORM COVENANTS. Borrower and Lander further covenant and agree as follows:
17. Accekration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's
breach of say covenant or agreement of Borrower in this Mortgage, includias the covenants
to pay when due any sums secured by this Mortgage, Lender prior to sealesration shall give
notice to Borrower as provided in paragraph 12 hereof specifyittl: (1) the breach; (2) the
action required to curb such breach, (3) a date, not lose than 3(l days from the date the notice
is mailed to Borrower, by which such broach meat be cared; std (4) that failure to cure such
breach on or before the date specified in the notice may result in acceleration of the sums
secured by this Mortgage, foreclosure by judicial proceeding. and sale of the Property. The
tt-11-06 MTG
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7-
notice shall further inform Borrower of the right to reinstate after auxleration and the
right to assert in the foreclosure proceeding the nonexistence of a default or any other
defense of Borrower to aeceWation and foreclosure. If the breach is not cured on or before
the date specified in the notice, Lander. at Lender's optim may declare all of the sums
secured by this Mortgage to be immediately due and payable without further demand and
may foreclose this Mortgage by judicial proceeding. Lander shall be entitled to collect in
such procmdior, all: expensed, of foreclosure, including, but not limited to, resasomble
attorneys' fees and costs of documentary evidence, abstracts and title reports.
18. Borrower's Right to Reinst#a. Notwithstanding Lender's aoWeration of the sums by this
Mortgage due to Borrower's breach, Borrower shall have the right to have any promadings begun by
Lender to enforce this Mortgage discontinued at my time prior to entry of a judgment enforcing this
Mortgage if: (a) Borrower Pays Lender all sums which would be than due under this Mortgage and
the Note had no aexaleradon occurred; (b) Borrower cures all breaches of any other covenants or
agroomonts of Borrower contained in this Mort&e; (c) Borrower pays all r+essonable expenses
incurred by Lender in enforcing the covenants end agreements of Borrower contained in this
Mortgage. and m enforcing Lender's rcmedk* as provided in paragraph 17 hereof, including, but not
limited to, reasomble attorneys' fees, and (d) Borrower takes such action me Lender may reasonably
require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's
obligation to pay the rxma secured by this Mortgage shall continue unimpaired. Upon such payment
and cure by Borrower, this Mortgage and tho obligations secured hereby shall rernain in full force
and effect as if no acceleration had occurred.
19. Assignment of Heats; Appointment of Deceiver. An additional security hereunder,
Borrower hereby assigns to bander the rents of the Property, provided that Borrower shall, prior to
acceleration under paragraph 17 hereof, in abandonment of the Property. have tha right to collect and
retain such rears an they become duce and payable.
Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be
entitled to haves a receiver appointed by, a court to enter upon, two pnsaemion of and manage the
Property and to callect the rents of the Property including those past due. All rents collected by the
receiver shall be applied first to payment of the costs of management of the Property and collection
of rents, including, but riot limited to, receiver's fees, premiuema on receiver's bonds and reasonable
attorneys fern, and thew to t1w sums secured by this Mortgage. The recciww shall be liable to
account only for those rents actually received, Lender shall release this
20. Release. Upon payment of all sums smurod by this Mortgage,
Mortgage without charge to Borrower. Borrower shall pay all ooata of recordation, if any.
21. Waiver of Homestead. Borrower horoby waives all right of homestead a xamption in the
Property ender state or Federal law.
22. Interest Hates After Judgment. Borrower agrees the interest rate payable aftax a judgment
is watered on the Now or in an action of mortgpge foreclosure shall be the rata stated in the Now
23. Arbitration Rider to Note. The Arbitration Rider attached to and made a pan of the Note
is hereby incorporated by mferesnce and made a part of this Mortgage.
e'ACO1397
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REQUM FOR NOTICE OF DEFAULT
-AND FORECLOSURE UNDER: SUPERIOR
MORTGAGES OR DEEDS OF'I'RUST
bxrowex and Leader request the bolder of any mortgage, deod of trust or other wcumbrance with a
lien wbiall has priority over this Mortgage to give Notice to leader, at Lama addram act forth on
pages one of this Mortgage, of any default under the a Verior on0jm!NpM and Of any We or other
foreclosure action.
R ffiLD L VARM - mower
EMMA J Vitltl pt w lr
I hereby certify that the precise address of the Lawlor (Mortgsgeo) is:
419 VYLIAGE DRIVE STE 2 CARLISLE, PA 1013 ASgT MANAGER
On behalf of the Lender. By: MICAL X LEE Tile:
COMMONWEALTH OF PENNSYLVANIA, Q0RLANL County o
1. FLORA M VOLT Notary Public in HUSBAND AND WIFE state, do hereby
erte y at name a
personalty known to me or proven or aetori y to a same pe = s w
subscribed to the feue:going instrument, appesreod before me this day in parson, and acknow p that
T be Y sill and delivered the Said instrument as THEIR free voluntary
act,Jor the uses and purposes therein set forth. MUCH 7jp 06
Given undee' my hand and official seal, this 27T>I day of
OF P?fSYLVANW
r AMSsd _
My Commission expire Nor&NWddcnr4ipL, yGaablAlRdfE 1 VOLT Notary Publi
fMOrrrrniwtan MW21.*
MWdW, PsnneryWanis As, m m k don d NoWas
COMMONWEALTH{ OF PENNSYLVANIA. County sm
I, a Notary public in and for said county and state, do hereby
Certe y that BamO I n 6 w n 1 8
personalty known to me or proven self actor y to
subscribed to the foregoing instrument, appeared before me this day in person, and acknow drat
he signed and delivered the said insh%me nt as free voluntary
act or tfia uses and purposes therein set forth.
Given under my }mod and official acrd, this day of 2D .
My commission expires: Notary Public
PA001306
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EXHIBIT A (PAGE 1)
ALL THAT CERTAIN PROPERTY SITUATED IN HE TOMWIP OF
ALTNU
FRANICFORD IN 7W COUNTY OF CtAMLAMO AND PENNSYLVANIA. BEING MOM FULLY DEMAIBED INNAA DEED D DATED RECORDS
09/03/1896 AND RECD 03/03/1986, AMONG
OF THE COUNTY AND STATE SET FORTH AME, IN DEED VOLUME 118
AND PAGE 2D4•
TAX MAP OR PARCEL ID NO.- 43-03-OM-092
I Certify this to be recorded
In Cumberland County PA
..y
of Doc,is
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8 1945PG0478
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400 Attorney for Plaintiff
Beneficial Consumer Discount Company COURT OF COMMON PLEAS
DB/A Beneficial Mortgage Co of CUMBERLAND COUNTY
Pennsylvania
636 Grand Regency Boulevard
Brandon, FL 33510, ,~,
Plaintiff, No.: 10-2749 Civil Term
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Ronald L. Varner r ~_
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1049 Grahams Woods Road ~ <.~ ~ ~ ~
Newville, PA 17241, ~ ~' ~ ~:~~
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Emma Jane Varner ~ ~r ~y. o e .C. a-~r
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1049 Grahams Woods Road ~ ~z33~
Newville, PA 17241, rf,'~ 1'f 3 3 3y
Defendants.
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PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter Judgment, in rem, in favor of Plaintiff and against Ronald L. Varner and Emma
Jane Varner, Defendants, for failure to file an Answer on Plaintiff's Complaint within 20 days
from service thereof and for Foreclosure and sale of the mortgaged premises, and assess
Plaintiff's damages as follows:
As set forth in Complaint $138,805.80
Interest 4/23/10 through 06/04/10 1,169.17
Additional Corporate Advance 521.80
TOTAL $140,496.77
I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above
and (2) that notice has been given in accordance with~R le 237.1. copy attached.
L. Harbert-Bell, Esquire
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED
DATE: Q.u~r~t.- P' _ ~~d
-~ O RY
{00459219}
MILSTEAD & 1hSSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Beneficial Consumer Discount Company
DB/A Beneficial Mortgage Co of
Pennsylvania,
Plaintiff,
Vs.
Ronald L. Varner
and
Emma Jane Varner,
Defendants.
TO: Ronald L. Varner
1049 Grahams Woods
Road,
Newville, PA 17241
DATE OF NOTICE: May 25, 2010
Our file number: 22.12254
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 10-2749 Civil Term
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Emma Jane Varner
P.O. BOX 278„
Newville, PA 17241
Emma Jane Varner
1049 Grahams Woods Road
Newville, PA 17241
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to claims set forth against
you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered
against you without a hearing and you may lose your property or other important rights. You
should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the
office set forth below. This office can provide you with information about hiring a lawyer. If
{00455350}
Page 1 of 2
you cannot afford to hire a lawyer, this office may be able to provide you with information about
agencies that may offer legal services to eligible persons at a reduced fee or no fee.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
MILSTEAD & ASSOCIATES, LLC
B .Mary L. Harbert-Bell, Esquire
ID No. 80763
Attorney for Plaintiff
{00455350}
Page 2 of 2
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Beneficial Consumer Discount Company
D/B/A Beneficial Mortgage Co of
Pennsylvania,
Plaintiff,
Vs.
Ronald L. Varner,
and
Emma Jane Varner,
Defendants.
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 10-2749 Civil Term h rv
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VERIFICATION OF NON-MILITARY SERVICE
Mary L. Harbert-Bell, Esquire, hereby verifies that she is attorney for the Plaintiff in the
above-captioned matter, and that on information and belief, she has knowledge of the following
facts, to wit:
1. that the defendants are not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of
Congress of 1940, as amended,
2. defendant, Ronald L. Varner, is over 18 years of age and resides at 1049 Grahams
Woods Road, Newville, PA 17241,
3. defendant, Emma Jane Varner, is over 18 years of age and resides at 1049 Grahams
Woods Road, Newville, PA 17241.
YG
ary L. Harbert-Bell, Esquire
{00459219}
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Prothonotary
To: Ronald L. Varner
Emma Jane Varner
Beneficial Consumer Discount Company ~ COURT OF COMMON PLEAS
D/B/A Beneficial Mortgage Co of ~ CUMBERLAND COUNTY
Pennsylvania,
Plaintiff, '; No.: 10-2749 Civil Term
Vs.
Ronald L. Varner,
and
Emma Jane Varner,
Defendants.
NOTICE PURSUANT TO RULE 236
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
Prothonotary
MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
MARY L. HARBERT-BELL, ESQ. #80763
MILSTEAD & ASSOCIATES, LLC
856-482-1400
Notice Pursuant To Fair Debt Collection Practices Act
This is an attempt to collect a debt and any information obtained will be used for that purpose.
{00459219}
1`N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Beneficial Consumer Discount Company
D/B/A Beneficial Mortgage Co of
Pennsylvania,
Plaintiff,
Vs.
Ronald L. Varner
and
Emma Jane Varner,
Defendants.
CIVIL ACTION
NO.: 10-2749 Civil Term
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
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TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
1. Directed to the Sheriff of CUMBERLAND County;
2. Against the Defendant(s) in the above-captioned matter;
3. and index this writ against the Defendant(s) as follows:
Ronald L. Varner
Emma Jane Varner
Real Property involved: 1049 Grahams Woods Road
Newvillle, PA 17241
Amount Due
Interest from 6/5/10 to 9/8/10
at $23.10 per diem (6%)
TOTAL
(Costs to be added)
$140,496.77
~ a.OU ~~-c. Co
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DATE: June 3, 2010
Respectively submitted,
Milstead Associates, LLC
~~
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
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{00459219}
AI1L fiHAT CERTAIN TRACT OF LAND, SITUATE IN UPPER
FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS
BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF
TOWNSHIP ROAD NO. T-448, ON THE LINE OF LOT NO. 5 ON THE
HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE
LATTER, NORTH 76 DEGREES, 30 MINUTES 05 SECONDS EAST, A
DISTANCE OF 315.89 FEET TO AN IRON PIN ON THE LINE OF LOT NO.
2 ON SAID PLAN; THENCE ALONG THE LATTER, SOUTH 05 DEGREES
19 MINUTES 45 SECONDS WEST, A DISTANCE OF 100.00 FEET TO AN
IRON PIN ON THE LINE OF LOT NO. 5 ON SAID PLAN THENCE ALONG
THE LATTER NORTH 88 DEGREES 52 MINUTES 08 SECONDS WEST, A
DISTANCE OF 299.80 FEET TO A RAILROAD SPIKE IN THE
CENTERLINE OF SAID TOWNSHIP ROAD T-448; THENCE ALONG THE
LATTER, NORTH 03 DEGREES 19 MINUTES 43 SECONDS EAST, A
DISTANCE OF 100.00 FEET TO A RAILROAD SPIKE AT THE PLACE OF
BEGINNING.
CONTAINING 0.9610 ACRES AND BEING DESCRIBED ACCORDING TO
A SUBDIVISION PLAN FOR THE JOHN MOFFITT ESTATE BY CARL D.
BART, R.S., DATED AUGUST 19, 1977, AND RECORDED IN THE OFFICE
OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY,
PENNSYLVANIA IN PLAN BOOK 31, PAGE 74.
Being known as 1049 Grahams Woods Road, Newvillle, PA 17241
Tax Parcel Number: 43-03-0065-032
{00459219}
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO10-2749 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY
D/B/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA Plaintiff (s)
From RONALD L. VARNER AND EMMA JANE VARNER
(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$140,496.77
L.L.$.50
Interest FROM 6/5/10 TO 9/8/10 AT $23.10 PER DIEM (6%)
Atty's Comm % Due Prothy $2.00
Atty Paid $242.10
Plaintiff Paid
Other CostsTO BE ADDED
Date: June 8, 2010
(Seal)
~~
uell, Prothonotary
By:
Deputy
REQUESTING PARTY:
Name MARY L. HARBERT-BELL, ESQUIRE
Address: MILSTEAD & ASSOCIATES. LLC, 220 LAKE DRIVE EAST, SUITE 301, CHERRY
HILL, NJ 08002
Attorney for: PLAINTIFF
Te 1 e phone : 856-482-1400
Supreme Court ID No. 80763
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Beneficial Consumer Discount Company
DB/A Beneficial Mortgage Co of
Pennsylvania,
Plaintiff,
Vs.
Ronald L. Varner
and
Emma Jane Varner,
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 10-2749 Civil Term
AFFIDAVIT OF SERVICE
PURSUANT TO RULE 3129.1
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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Beneficial Consumer Discount Company DB/A Beneficial Mortgage Co of
Pennsylvania, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe
for writ of execution was filed the following information concerning the real property located at
1049 Grahams Woods Road, Newvillle, PA 17241:
1. Name and address of Owners(s) or Reputed Owner(s):
Ronald L. Varner Emma Jane Varner Emma Jane Varner
1049 Grahams Woods Road P.O. Box 278 79 West Main Street
Newville, PA 17241 Newville, PA 17241 Newville, PA 17241
2. Name and address of Defendant(s) in the Judgment:
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
None Known
{00459219}
4. Name and Address of the last recorded holder of every mortgage of record:
Beneficial Consumer Discount Company
D/B/A Beneficial Mortgage Co of
Pennsylvania
(Plaintiff herein)
636 Grand Regency Boulevard
Brandon, FL 33510
5. Name and address of every other person who has any record lien on the property:
None Known
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Gregory S. Hazlott, Esq.
c/o Emma Jane Varner
7 West Main Street
Mechanicsburg, PA 17055
7. Name and address of every person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tenant/Occupant
1049 Grahams Woods Road
Newvillle, PA 17241
Department of Domestic Relations
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
Date: June 3, 2010
/'
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
{00459219}
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Beneficial Consumer Discount Company
D/B/A Beneficial Mortgage Co of
Pennsylvania,
Plaintiff,
Vs.
Ronald L. Varner,
and
Emma Jane Varner,
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 10-2749 Civil Term
NOTICE OF SHERRIF'S SALE Q.F ~,
REAL PROPERTY PURSUANT
TO PA.R.C.P.3129 -r3c~ ~-- ~'
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TAKE NOTICE:
Your house (real estate) at 1049 Grahams Woods Road, Newvillle, PA 17241, is
scheduled to be sold at sheriff's sale on September 8, 2010 at 10:00 am in the Commissioner's
Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court
Judgment of $140,496.77 obtained by Beneficial Consumer Discount Company D/B/A
Beneficial Mortgage Co of Pennsylvania.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To Prevent this Sheriff's Sale you must take immediate action:
1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for
Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how
much you must pay, you may call 856-482-1400.
2. You may be able to stop the Sale by filing a petition asking the court to strike or open
the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone
the Sale for good cause.
3. You may also be able to stop the Sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the Sale. (See notice on following page on how to obtain an attorney).
{00459219}
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder.
You may find out the bid price by calling Milstead & Associates at 856-482-1400.
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner
of the property as if the Sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A
Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date
specified by the Sheriff not later than thirty days after the sale. This schedule will state who will
be receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the Sale.
YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
22.12254
{00459219}
ALL THAT CERTAIN TRACT OF LAND, SITUATE IN UPPER
FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS
BEGINNING AT A RAILROAD SPIKE IN THE CENTERLINE OF
TOWNSHIP ROAD NO. T-448, ON THE LINE OF LOT NO. 5 ON THE
HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE
LATTER, NORTH 76 DEGREES, 30 MINUTES 05 SECONDS EAST, A
DISTANCE OF 315.89 FEET TO AN IRON PIN ON THE LINE OF LOT NO.
2 ON SAID PLAN; THENCE ALONG THE LATTER, SOUTH 05 DEGREES
19 MINUTES 45 SECONDS WEST, A DISTANCE OF 100.00 FEET TO AN
IRON PIN ON THE LINE OF LOT NO. 5 ON SAID PLAN THENCE ALONG
THE LATTER NORTH 88 DEGREES 52 MINUTES 08 SECONDS WEST, A
DISTANCE OF 299.80 FEET TO A RAILROAD SPIKE IN THE
CENTERLINE OF SAID TOWNSHIP ROAD T-448; THENCE ALONG THE
LATTER, NORTH 03 DEGREES 19 MINUTES 43 SECONDS EAST, A
DISTANCE OF 100.00 FEET TO A RAILROAD SPIKE AT THE PLACE OF
BEGINNING.
CONTAINING 0.9610 ACRES AND BEING DESCRIBED ACCORDING TO
A SUBDIVISION PLAN FOR THE JOHN MOFFITT ESTATE BY CARL D.
BART, R.S., DATED AUGUST 19, 1977, AND RECORDED IN THE OFFICE
OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY,
PENNSYLVANIA IN PLAN BOOK 31, PAGE 74.
Being known as 1049 Grahams Woods Road, Newvillle, PA 17241
Tax Parcel Number: 43-03-0065-032
{00459219}
i
S ? r
SHERIFF'S OFFICE OF CUMBERLAND OUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
- + 4
..I i
it y
Richard VV Stewart
Solicitor -
Beneficial Consumer Discount Company
vs.
Ronald L. Varner (et al.) Case Number
2010-2749
SHERIFF'S RETURN OF SERVICE
06/25/2010 08:42 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn accordin to law, states that on
6-25-2010 at 0840 hours, he posted a true copy of the within Real Estate W rit, Notice, Poster and
Description; in the above entitled action, upon the property of Ronald L. & E mma Jane Varner, located at,
1049 Grahams Woods Road, Newville, Cumberland County, Pennsylvania according to law.
06/25/2010 09:07 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: Emma Jar e Varner, but was unable to
locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description
as NOT FOUND as to the defendant, Emma Jane Varner, defendant move c , did not leave a forwarding
address.
07/29/2010 09:06'PM - Robert Bitner, Deputy Sheriff, who being duly sworn according t law, states that on 7/29/10 al
2105 hours, he served a true copy of the within Real Estate Writ, Notice an Description, in the above
entitled action, upon the within named defendant, to wit: Ronald L. Varner, by making known unto, Daniel
Varner, Adult Son, at, 1049 Grahams Woods Road, Newville, Cumberland County, Pennsylvania its
contents and at the same time handing to him personally the said true and orrect copy of the same,
09/07/2010 As directed by Mary L. Harbert-Bell, Attorney for the Plaintiff, Sheriffs Sale "ontinued to 1113/2010
11/03/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that t his writ is returned "stayed",
per letter of instruction from Attorney on 11/2/10.
SHERIFF COST: $808.70 ' SO ANS WERS,
November 03, 2010 RONNY ANDERSON, SHERIFF
7?
( Cou,.'vSuito She °t. 3 _ e. , in;.
x
y .
t
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Beneficial Consumer Discount Company COURT OF COM1 ZION PLEAS
D/B/A Beneficial Mortgage. Co of CUMBERLAND COUNTY
Pennsylvania,
No.: 10-2749 Civil erm
Plaintiff,
Vs. AFFIDAVIT OF SERVICE
PURSUANT TO RULE 3129.1
Ronald L. Varner
and
Emma Jane Varner,
Defendants.
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beneficial Consumer Discount Company D/B/A Beneficial Mortgage Co of
Pennsylvania, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe
for writ of execution was filed the following information concerning the real property located at
1049 Grahams Woods Road, Newvillle, PA 17241:
1. Name and address of Owners(s) or Reputed Owner(s):
Ronald L. Varner Emma Jane Varner Er.
1049 Grahams Woods Road P.O. Box 278 79
Newville, PA 17241 Newville, PA 17241 Ne
2. Name and address of Defendant(s) in the Judgment:
Same as above
3. Name and address of every judgment creditor whose judgment
property to be sold:
None Known
{00459219}
a Jane Varner
'est Main Street
iille, PA 17241
.s a record lien on the real
4. Name and Address of the last recorded holder of every
Beneficial Consumer Discount Company
D/B/A Beneficial Mortgage Co of
Pennsylvania
(Plaintiff herein)
636 Grand Regency Boulevard
Brandon, FL 33510
of record:
5. Name and address of every other person who has any record lien on the property:
None Known
6. Name and address of every other person who has any record
whose interest may be affected by the sale:
Gregory S. Hazlott, Esq.
c/o Emma Jane Varner
7 West Main Street
Mechanicsburg, PA 17055
7. Name and address of every person of whom the plaintiff has
interest in the property which may be affected by the sale:
Tenant/Occupant
1049 Grahams Woods Road
Newvillle, PA 17241
Commonwealth of Pennsylvania
:Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
Department of Dome
Cumberland County ?
13 North Hanover Sti
Carlisle, PA 17013
I verify that the statements made in the Affidavit are true and c
personal knowledge or information and belief I understand that false
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to u
authorities.
in the property and
who has any
Relations
to the best of my
tents herein are
t falsification to
Mary L. H rbert-Bell, Esqui
Attorney for Plaintiff
]Date: June 3, 2010
X00459219}
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400 Attorney for Plaint
Beneficial Consumer Discount Company COURT OF COMMON PLEAS
D/B/A Beneficial Mortgage Co of CUMBERLAND C UNTY
Pennsylvania,
Plaintiff,
Vs.
Ronald L. Verner,
and
Emma Jane Varner,
Defendants.
No.: 10-2749 Civil
NOTICE OF SHE
TO PA.R.C.P.3129
TAKE NOTICE:
Your house (real estate) at 1049 Grahams Woods Road, Newvillle, PA 17241, is
scheduled to be sold at sheriff's sale on September 8, 2010 at 10:00 am, in the Commissioner's
Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court
Judgment of $140,496.77 obtained by Beneficial Consumer Discount Company D/B/A
Beneficial Mortgage Co of Pennsylvania.
NOTICE OF OWNER'S RIGHTS
ABLE TO PREVENT THIS SHE
To Prevent this Sheriff's Sale you must take immediate action:
1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for
:Plaintiff, back payments, late charges, costs and reasonable attorney's es due. To find out how
much you must pay, you may call 856-482-1400.
2. You may be able to stop the Sale by filing a petition asking the court to strike or open
-the Judgment, if the Judgment was improperly entered. You may also sk the Court to postpone
the Sale for good cause.
3. You may also be able to stop the Sale through other legal pr(
an attorney to assert your rights. The sooner you contact one, the more
stopping the Sale. (See notice on following page on how to obtain an a
gs. You may need
you will have of
{00459219}
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 Sage is not stopped, your property will be sold to the highest bidder.
You may find out the bid price by calling Milstead & Associates at 85q-482-1400.
2. You may be able to petition the Court to set aside the Sale ifCthe bid price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff
Sale. To find out if this has happened you may call Milstead and Assn
4. If the amount due from the Buyer is not paid to the Sheriff,
of the property as if the Sale never happened.
5. You have a right to remain in the property until the full
Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the
proceedings to evict you.
6. You may be entitled to a share of the money which was
Schedule of distribution of the money bid for your house will be filed
specified by the Sheriff not later than thirty days after the sale. This s
be receiving that money. The money will be paid out in accordance v
exceptions (reasons why the proposed distribution is wrong) are filed
(10) days after.
7. You may also have other rights and defenses, or ways of
you act immediately after the Sale.
YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONC]
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEL:
.LISTED BELOW TO FIND OUT WHERE. YOU CAN GET LEGAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
22.12254
full amount due on the
tes at 856-482-1400.
will remain the owner
due is paid to the
may bring legal
for your house. A
by the Sheriff on a date
,liedule will state who will
i?th this schedule unless
with the Sheriff within ten
ing your house back, if
IF YOU DO NOT
HONE THE OFFICE
{00459219}
ALL THAT CERTAIN TRACT OF LAND, SITUATE IN UPPER
FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS=
BEGINNING AT A RAILROAD SPIKE IN THE CENTERLI E OF
TOWNSHIP ROAD NO. T-448, ON THE LINE OF LOT NO. ON THE
HEREINAFTER MENTIONED PLAN OF LOTS; THENCE LONG THE
LATTER, NORTH 76 DEGREES, 30 MINUTES 05 SECOND EAST, A
DISTANCE OF 315.89 FEET TO AN IRON PIN ON THE LIT E OF LOT NO.
2 ON SAID PLAN, THENCE ALONG THE LATTER, SOUTH 05 DEGREES
19 MINUTES 45 SECONDS WEST, A DISTANCE OF 100.0 `FEET TO AN
IRON PIN ON THE LINE OF LOT NO. 5 ON SAID PLAN T HENCE ALONG
THE LATTER NORTH 88 DEGREES 52 MINUTES 08 SECO NDS WEST, A
DISTANCE OF 299.80 FEET TO A RAILROAD SPIKE IN TH E
CENTERLINE OF SAID TOWNSHIP ROAD T-448; THENC E ALONG THE
LATTER, NORTH 03 DEGREES 19 MINUTES 43 SECONDS EAST, A
DISTANCE OF 100.00 FEET TO A RAILROAD SPIKE AT T HE PLACE OF
BEGINNING.
CONTAINING 0.9610 ACRES AND BEING DESCRIBED ACCORDING TO
A SUBDIVISION PLAN FOR THE JOHN MOFFITT ESTATE BY CARL D.
BART, R.S., DATED AUGUST 19, 1977, AND RECORDED I THE OFFICE
OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY,
PENNSYLVANIA IN PLAN BOOK 31, PAGE 74.
Being known as 1049 Grahams Woods Road, Newvillle, PA 17241
Tax Parcel Number: 43-03-0065-032
{00459219}
,_
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO102749 Civil
CIVIL ACTION -LAW
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DI4
DB/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA. Plaintiff (s)
From RONALD L. VARNE.R AND EMMA JANE VARNER.
(1) You are directed to levy upon the property of the defendant (s)and to sell S]
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied u
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gal
paying any debt to or for the account of the defendant (s) and from delivering ai
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is
of anyone other than a named garnishee, you are directed to notify him/her that
garnishee and is enjoined as above stated.
Amount Due$140,496.77 L.L.$.50
Interest FROM 6/5/10 TO 9/8/10 AT $23.10 PER DIEM (6%)
Atty's Comm % Due Prothy $2.00
Atty Paid $242.10 Other CostsTO BE ADT
Plaintiff Paid
Date: June 8, 2010 /-?
/C
D.
(Seal) By:
Der
REQUESTING PARTY:
Name MARY L. HARBERT-BELL, ESQUIRE
Address: MILSTEAD & ASSOCIATES. LLC, 220 LAKE DRIVE EAST,',
HILL, NJ 08002
Attorney for: PLAINTIFF
Telephone: 856-482-1400
Supreme Court ID No. 80763
COMPANY
LEGAL
in the possession
s) is enjoined from
;rtv of the defendant
in the possession
s has been added as a
301, CHERRY
--
PROOF OF PUBLICATION OF NOTICE
E-4 CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. Lll
COMMONWEALTH OF PENNSYLVANIA ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law R
State aforesaid, being duly sworn, according to law, deposes and says
Journal, a legal periodical published in the Borough of Carlisle in the I
was established January 2, 1952, and designated by the local courts as
periodical for the publication of all legal notices, and has, since Januaj
issued weekly in the said County, and that the printed notice or public
exactly the same as was printed in the regular editions and issues of tY
Journal on the following dates,
Affiant further deposes that he is authorized to verify this sty
Law Journal, a legal periodical of general circulation, and that he is
matter of the aforesaid notice or advertisement, and that all allegatii
statements as to time, place and character of publication are true.
/ Visa Marie
SWORN TO AND S
30 of July, 2010
Notary
DEBORAH A
Notary F
CARLISLE BOROUGH. V
My Commission Exi
1784
irnal, of the County and
iat the Cumberland Law.
ounty and State aforesaid,
he official legal
, 2, 1952, been regularly
Lion attached hereto is
said Cumberland Law
ient by the Cumberland
interested in the subject
in the foregoing
for
SCRIBED before me this
6i ? ?
SEAL
ERLAND COUNTY
Apr 28, 2014
Writ No. 2010-2749 Civil
Beneficial Consumer Discount
--Company.d/b/a Benefic al_.,_ _
Mortgage Company of Pennsylvania
V&
Ronald L. Varner
Emma Jane Varner
Atty.: Mary L. Harbert-Bell
ALL THAT CERTAIN tract of land,
situate in Upper Frankford Township,
Cumberland County, Pennsylvania,
bounded and described as follows:
BEGINNING at a railroad spike
in the centerline of Township Road
No. T-448, on the line of Lot No. 5
on the hereinafter mentioned plan of
lots; thence along the latter, North. 76
degrees, 30 minutes 05 seconds East,
a distance of 315.89 feet to an iron
pin on the line of Lot No. 2 on said
plan; thence along the latter, South
05 degrees 19 minutes 45 seconds
West, a distance of 100.00 feet to
an iron pin on the line of Lot No. 5
on said plan thence along the latter
North 88 degrees 52 minutes 08 sec-
onds West, a distance of 299.80 feet
-to a railroad spike in the centerline i
of said Township Road T-448; thence
along the latter, North 03 degrees 19
minutes 43 seconds East, a distance
of 100.00 feet to a railroad spike at
the place of BEGINNING.
CONTAINING 0.9610 acres and
being described according to a sub-
division plan for the John Moffitt
Estate by Carl D. Bart, R.S., dated
August 19, 1977, and recorded in
the Office of the Recorder of Deeds for
Cumberland County, Pennsylvania in
Plan Book 31, Page 74.
Being known as 1049 Grahams
Woods Road, Newvillle, PA 17241.
Tax Parcel Number: 43-03-0065-
032.
I
On June 14, 20 10 the Sheriff levied upon the
defendant's interest in the real property situated in
Upper Frankford Township, Cumberland County, ?A,
Known and numbered as, 1049 Grahams Wood R ad,
htewville, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: June 14, 2010
By:
(N 6
Veal
he Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
PatriotwNews
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}
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized a d existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 81 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-dews and The Sunday Patriot-News were established' March 4th, 1854, and S ptember 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly a 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 alleg tions 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 unanimous) passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded.i 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
the date(s) shown below:
07/09/10
.......`.. ..
Sworn to a u scribed before me this 05/
Notary
07/16/10
07/23/10
ust, 2010 A.D.
Notarial Seal
Sherrie L. Kisher, Notary Pubic
Cower Paxton 7WP., Dauphin Cour
ly Commission Expires Nov. 26, 2(
Writ No. 2010-2749 Civil Term
eneficial Consumer Discount
Company dfbla Beneficial
Mortgage Company of
Pennsylvania
Vs
Ronald L. Varner
Emma Jane Varner
Atty: Mary L. Harbert-Bell
. _L THAT CERTAIN TRACT OF LAND,
`,ITUA?E IN UPPER FRANKFORD
')WNSHIF CUMBERLAND COUNT),
I FNNSY'LVANIA. BOUNDED AND
% SCRIBED AS FOLLOWS:
'! GINNLNG AI A RAILROAD SPIKE IN
!;]E CENTERLINE OF TOWNSHIP ROAD
r T-448, ON THE LINLE OF LOT NO. ` ON
' IIF HEREINAFTER MENTIONED PLAN
LOTS: THENCE ALONG THE LATTER,
RTH 75 DEGREES! 30 MINIiTES V
t'ONDS EAST. A DISTANCE OF 315 89
! 1 !7 TO AN IRON PIN ON THE LINE
T "`l LOT ;NO. 2 ON SAID PLAN: THENCE
ONG THE LATTER, SOUTH 05 DEGRELS
MINUTE'S 45 SECONDS WEST, A
?'I"'ACEOFi(x).4UFEETTOANIRONPLN
', l'HE LINE OF LOT NO. S ON SAID PLAN
11NCE ALONG THE LATTER NORTH
I!EGREIS 52 Wj(-rES a SECONDS
.1 %T, A DISTANCE OF 299.51c) FEET TO A
?-%ILROAD SPIKE IN THE CENTERLINE
OF SAID TOWNSHIP ROAD T-448; THF,NCE
;L,ONG 7HELATTER NORTH 03 DEGREES
I! O MINUTES 43 SECONDS EAST, A
iilS'CANCE OF I (X).O(1 FZ;EH TOA RAILROAD
SPIKE AT THE. PLACE OF BEGINNING.
CONTAEVNIG 0.9610 ACRES AND
3 LANG DESCRIBED ACCORDING TO
1 SLBDIVBION PLAN FOR THE JOHN
v10FFM ESTATE BY CARL D. BART RS..
OATEDAUGUST 19, N77ANDRECORDED
S THE OFFICE OF THE RECORDER OF
'FEEDS FOR CUMBERLAND COUNTY.
TNNSYLVANIA IN PLAN BOOK 21, PAGE
Mein; k110W11 as 1049 Grahams R7oods Road.
\?wtflllo, Pa I'
241
Parcel Nwnbec 43-03-0065-032