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HomeMy WebLinkAbout10-3775RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) F LED 2 0L -7 All 111 t CUP,/ ! J'd iY t ILL ? r { ?tiH. IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania 2929 Walden Avenue Depew, NY 14043 C. Scott Wickard and Ronda L. Wickard 698 Burgners Road Carlisle, PA 17015 Defendant(s) Civil Action Number: l COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE NOTICE This is an attempt to collect a debt and any information obtained will be used for that purpose. You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH O4``..a__ .oo ACL \\Server5\office docum\Tess\Complaints\Cumberland\Wickard, C. Scott.doc C r?-F ?Q J(W BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 \\Server5\office documUess\Complaints\Cumberland\Wickard, C. Scott.doc NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL 13E USED FOR THAT PURPOSE. \\ServerS\office docum\less\Complaints\Cumberland\Wickard, C. Scott.doc RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania 2929 Walden Avenue Depew, NY 14043 Civil Action Number: V. C. Scott Wickard and Ronda L. Wickard 698 Burgners Road Carlisle, PA 17015 COMPLAINT IN MORTGAGE FORECLOSURE Defendant(s) COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania (hereinafter referred to as "Beneficial") with offices located at 2929 Walden Avenue, Depew, NY 14043. 2. Defendant(s) are C. Scott Wickard and Ronda L. Wickard, adult individuals with a last- known address of 698 Burgners Road, Carlisle, PA 17015. 3. Under date of 06/25/2003, defendants executed and delivered to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania a mortgage upon the property 698 Burgners Road, Carlisle, PA (the "Property")to secure the payment of the sum of $184,735.70. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 06/26/2003 at Vol. 1819, P. 2707 and is \\Server5\office docum\Tess\Complaints\Cumberland\Wickard, C. Scott.doc incorporated herein by reference as though set forth at length herein. A copy of the legal description of the Property is attached hereto and made a part hereof as Exhibit "A". 4. Said Defendant(s) are the real owners of Property 698 Burgners Road, Carlisle, PA 17015 5. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by §403 of Act No. 6 of 1974, and Act 91, aforesaid, was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit «B» 6. The said loan is in default as a result of the failure to pay the monthly installments of $1,330.27 due on September 25, 2009 and on the same day of each month thereafter. 7. The following is due on the loan: PRINCIPAL BALANCE ..................................................... ..$157,267.04 INTEREST accrued thru 05/27/2010 of ............................. .. $16,805.01 Interest after 05/27/2010 shall accrue at the per diem rate of $34.38.) ESCROW ADVANCES ...................................................... .. $6,068.48 NSF/BANK FEES ............................................................... ..$120.00 BPO/TITLE FEES ............................................................... .. $181.50 FEES BILLED ..................................................................... ..$3,041.64 COSTS ................................................................................. .. $300.00 ATTORNEY'S FEE ............................................................ .. $7,000.00 TOTAL ................................................................................ .. $190,783.67 The attorney fees 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 Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. \\Server5\office documUess\Complaints\Cumberland\Wickard, C. Scott.doc WHEREFORE, Plaintiff, Beneficial requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $157,267.04 plus interest thereon of $16,805.01 plus $34.38 per day from 05/27/2010 until judgment is paid in full, escrow advances of $6,068.48, fees billed of $3,041.64, costs of $300.00, attorney's fees of $7,000.00 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts to which Plaintiff is entitled to recover. STERN AND 1~ MNBERG LLP BY: HARD F. STERN, ESQUIRE EVEN K. EISENBERG, ESQUIRE - KEVIN P. DISKIN, ESQUIRE Attorney for Plaintiff \\Server5\office documUess\Complaints\Cumberiand\Wickard, C. Scott.doc VERIFICATION I, Steven K. Eisenberg, Esquire of Stern & Eisenberg, LLP (Name), hereby verifies that I am Counsel for the Plaintiff and as such, am authorized to make this Verification on its behalf and further that the facts of record (based upon documents duly recorded with the County) set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief and information provided from the Plaintiff. Pursuant to PaRCP 1024(c) the representative of the Plaintiff is outside of the jurisdiction of the Court and said verification could not be timely obtained. To the extent required, as to all other statements of fact, a substitute verification from the client will be filed with the Court. This verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. By: ri ame: A teven K. Eisenberg On Behalf of. Plaintiff Dated: (" 2,2,0t 6 ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan prepared by Larry V. Neidlinger, Registered Professional Land Surveyor, dated October 1, 1991, a copy of said Plan having been recorded on March 13, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 64 Page 25. BEGINNING at a nail in the original centerline of Township Road, T-457 known as Burgners Road at the dividing line between Lots No. 1 and 4; thence from said nail at the place of beginning along said original center line of 33 feet wide Burgners Road, North 46 degrees 02 minutes 58 seconds West a distance of 171.23 feet to a nail at the approximate centerline of Opossum Lake Road at corner of land now or formerly of Edward Serviente; thence along line of said land now or formerly of Edward Serviente, North 65 degrees 42 minutes 12 seconds East a distance of 385.21 feet to a post at the dividing line between said Lots Nos. 1 and 4; thence along said dividing line between said Lots Nos. 1 and 4 the following three (3) courses and distances: (1) South 07 degrees 47 minutes 13 seconds West a distance of 201.88 feet to a stone; (2) South 86 degrees 08 minutes 20 seconds West a distance of 118.38 feet to a stone; and (3) South 49 degrees 53 minutes 54 seconds West a distance of 107.66 feet to a nail in said original centerline of Township Road T-457 known as Burgners Road at the place of BEGINNING. THE ABOVE described tract of land contains a net area of 1.053 acres exclusive of the dedicated right-of-way of said Township Road T-457 known as Burgners Road, and has placed thereon a mobile home which has a mailing address of 698 Burgners Road, Carlisle, Pennsylvania, 17013. (erroneously set forth as 799 Burgners Road in the prior deed) SO MUCH of the above described tract of land as lies within 25 feet of the original centerline of 33 feet wide Township Road T-457 known as Burgners Road has been dedicated as a portion of the right-of-way of said Road. BEING the same premises which Wayne D. Wickard and Lois L. Wickard, husband and wife, by Deed dated March 31, 2000 and recorded March 31, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 218 Page 506, granted and conveyed unto C. Scott Wickard and Ronda L. Wickard, husband and wife, in fee. STERN AND EISENBERG, LLP 410 TIE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572-8111 Date: April 22, 2010 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). 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 CONTENIDO 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 "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIRk HIPOTECA. .nth HOMEOWNER'S NAME(S): C. Scott Wickard and Ronda L. Wickard PROPERTY ADDRESS: 698 Burgners Road, Carlisle, PA. MAILING ADDRESS: 698 Burgners Road, Carlisle, PA 17015 LOAN ACCT. NO.: 71171500542743 ORIGINAL LENDER: Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania CURRENT LENDER/SERVICER: Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), 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 FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set J:1Diane?ACTS\HSBC-WICKARD CUMBERLAND 4-10.doc forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately 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. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- 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.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date).. NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 698 Burgners Road, Carlisle, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and JADiane\ACTS\HSBC-WICKARD CUMBERLAND 4-10.doc the following amounts are now past due: Monthly payments of $1,330.27 due on September 25, 2009 through and including April 20, 2010, in the amount of ...........................$9311.89 Other charges (explain/itemize): Late charges: ............................................................. ............ $0 Fees billed ..............................................................................$3041.64 Other charges (advances/nsf charges/bpo) ............................ $6369.98 TOTAL AMOUNT PAST DUE: .................................................... $18723.51 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT --You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $18723.51, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Stern & Eisenberg, LLP The Pavilion 261 Old York Rd., Suite 410 Jenkintown, PA 19046 215-572-8111 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 exercise its rights to accelerate the mortgage debt. 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 foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE 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, you still have JADiane\ACTS\HSBC-WICKARD CUMBERLAND 4-10.doc the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified 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. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs 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. HOW TO CONTACT THE LENDER: Name of Lender: Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Address: - 2929 Walden Avenue Depew, NY 14043 Phone Number: 1-800-333-5848 x3888 Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or 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. YOU MAY ALSO HAVE THE RIGHT: 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 J:\Diane\ACTSMSBC-WICKARD CUMBERLAND 4-10.doc 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN & E ENBERG BY: Stern & Eisenberg, LLP VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL JADiane?ACTS\HSBC-WICKARD CUMBERLAND 4-10.doc NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT 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. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. 7:\DianeUCTS\HSBC-WICKARD CUMBERLAND 4-10.doc CUMBERLAND COUNTY Adams County Interfaith Housing 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 Derry 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 800-342-2397 J:\Diane1ACMHSBC-WICKARD CUMBERLAND 4-10.doc RICHARD F. STERN, EsQUIRE (03315) STEVEN K. EISENBERG, EsQUIRE (75736) KEVIN P. DISKIN, EsQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) ~~.~~.. [~/ 2010 Jl~:. -5 ~ ~ 12~ 43 CUB;' - ; ..~JIV~ f .`..1~tiIVV I ~,1/n.; ~.~~, IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania v. C. Scott Wickard Ronda L. Wickard Civil Number: 10-3775 Civil Term Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE Preciue to Substitute Verification Kindly substitute the verification for the complaint which was filed on June 7, 2010 with the attached Verification. STERN & E ERG By: STEV K. E EMBER Atto ey for Plaintiff ~-.« VERIFICATION ~Qa~r ~ c2 ~~- is the ~ i C e_ Picts ~ ~~~ of Beneficial Consumer Discount Company, d!b/a Beneficial Mortgage Co. of Pennsylvania and is authorized to sign this Verification on behalf of same, and states that he/she verifies the foregoing Civil Action-Mortgage Foreclosure against C. Scott Wickard and Ronda L. Wickard and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. §4904 relating to the unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief ~~~ DATE: ~ '3v-~c~ ~ ~ Loan #71171500542743 \lserver5loffice documUesslComplsintslCumberland\Wickard, C. Scott.doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUII2E KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SurrE 410 7ENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) ,~~.. ,~ T ,r ~ - #,f,V ~, ~.~p IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania v. C. Scott Wickard and Ronda L. Wickard Defendant(s) Civil Action Number: 10-3775 Civil Term MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), C. Scott Wickard and Ronda L. Wickard, for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE .......................................................$157,267.04 INTEREST accrued thru 05/27/2010 of ...............................$16,805.01 Interest after 05/27/2010 shall accrue at the per diem rate of $34.38.) ESCROW ADVANCES ........................................................$6,068.48 NSF/BANK FEES .................................................................$120.00 BPO/TITLE FEES .................................................................$181.50 J:\Supriya\Sales\Cumberland\IISBC. Wickazd.07. l0.doc P~_ ~ ~y--ao ~>'~y G~ ~~a~ ~c~ pus lv~~ ~a~~r h~~ .~}-lrrl FEES BILLED .......................................................................$3,041.64 LEGAL COSTS .....................................................................300.00 ATTORNEY'S FEE ..............................................................$7,000.00 Sub-Total Through Date of Complaint ............................$190,783.67 ACCRUED INTEREST after 05/27/2010 shall accrue at the per diem rate of $34.38 to July 20, 2010 ...............................................$1,856.52 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT .................................................................$192,640.19 STERNA EISENBERG LLP BY: C ARD F. STERN, ES IRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE Date: July 20, 2010 Attorney for Plaintiff J:\Supriya\Sales\Cumberland\HSBC. Wickazd.07. l0.doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIItE KEVIN P. DISxIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORx ROAD, SUrrE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSnvIILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action: 10-3775 Civil Term v. C. Scott Wickard and Ronda L. Wickard MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants' Last-known address is 698 Burgners Road, Carlisle, PA 17015 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. STERNA EISENBERG LLP ,`~:.~ ~~ +r~TARlA~ .1~, ~R~~~ ~l~t~ryPu~llc ' E ISENBERG Jenkint~ t;~r~~a; , r~~tc,~~:, ~a1, ~ ~~._ ~ RICHARD F. STERN .~„ ~;c~~~7 ~,~ '" _..-- KEVIN P. DISKIN ~~' Attorney for Plaintiff Sworn to and subscr~ed before me thi~~ay of ~_ , 2010. Notary Public J:\Supriya\Sales\Cumberland\IISBC. Wickazd.07. I O.doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKIN"TOwN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMII.E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania v. C. Scott Wickard and Ronda L. Wickard Civil Action: 10-3775 Civil Term Defendant(s) MORTGAGE FORECLOSURE CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten- day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STERN D EISENBERG LLP BY: E ISE RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\IISBC. Wickard.07.10.doc 1 ~ STERN AND EISENBERG LLP THE PAVII.ION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215)572-8111 FACSIMII,E:,(215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania (Plaintiff) v. C. Scott Wickard and Ronda L. Wickard Docket #: 10-3775 Civil Term TEN DAY NOTICE NOTICE PURSUANT TO Pa.RC.P. 237.1 TO: C. Scott Wickard and Ronda L. Wickard 698 Burgners Road Carlisle, PA 17015 Date of Notice: Friday, July Z, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (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 IIvIPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: 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 HIRII~TG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 STERN & EISENBERG, LLP ti f,~`~ ~ :: ~~~,'" y. ,. ~___ Attorney for Plaintiff J:Vess\14 Day Letters\Cumberland\Wickatd, C. Scottdoc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Beneficial Consumer Discount Company, d/b/a ~ Confessed Judgment Beneficial Mortgage Co. of Pennsylvania Plaintiff ^~ Other vs. Fite No. 10-3775 Civil Term C. Scott Wickard and Ronda L. Wickard Defendant Address: Amount Due $192,640.19 Telephone: Interest from 7/21/2010 at the per diem rate of Atty's Comm $34.38 until judgment is Paidin full. Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pwsuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUmber~and County, for debt, interest and costs, upon the following described property of the defendant (s) 698 Burgners Road, Carlisle, PA 17015 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriffof CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). .^ (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 07/20/2010 Signature: Print Name: even K. Eisenberg Address: 267 Old York Road, The Pavilion Suite 410 Jenkintown, PA 19046 Attorney for: Plalntlff (215)572-8111 Supreme Court ID No: 75736 I~'.` i.. +: sly' GI.P~ ti ,', ., . , .> F~. ~ .. _ . ~ ~l~- ~~ ~ 9~ ~ Uo ~~ ff~y~ ~~~ ,~ IN- ~~ ~~ ~ a. Asa p~ ~~1- ~o pd ~y ~ ,,~ ~ ~G ~~ ~y~~~ /2~/ ~s~~ Gr1~~~ iff~~ RICHARD F. STERN, ESQUIRE STEVEN K. ETSENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUTI'E 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania v. C. Scott Wickard and Ronda L. Wickard Civil Action: 10-3775 Civil Term Defendant(s) MORTGAGE FORECLOSURE CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. STERN EISENBERG LLP BY: E N . EISEN RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Supriya\Sales\Cumberlandll3SBC. Wickard.07. l0.doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SurrE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania v. C. Scott Wickard and Ronda L. Wickard Defendant(s) Civil Action: 10-3775 Civil Term MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Beneficial 2929 Walden Avenue Depew, NY 14043 (Plaintiff) C. Scott Wickard and Ronda L. Wickard 698 Burgners Road Carlisle, PA 17015 (Defendant(s)) STERN AND EISENBERG LLP BY: EVEN K. EISENBERG RICHARD F. STERN KEVIN P. DISKiN Attorney for Plaintiff J:\Supriya\Sales\Cumberiand\HSBC. Wickazd.07. I O.doc ;. ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan prepared by Lang V. Neidlinger, Registered Professional Land Surveyor, dated October 1, 1991, a copy of said Plan having been recorded on March 13, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 64 Page 25. BEGINNING at a nail in the original centerline of Township Road, T-457 known as Burgners Road at the dividing line between Lots No. 1 and 4; thence from said nail at the place of beginning along said original center line of 33 feet wide Burgners Road, North 46 degrees 02 minutes 58 seconds West a distance of 171.23 feet to a nail at the approximate centerline of Opossum Lake Road at corner of land now or formerly of Edward Serviente; thence along line of said land now or formerly of Edward Serviente, North 65 degrees 42 minutes 12 seconds East a distance of 385.21 feet to a post at the dividing line between said Lots Nos. 1 and 4; thence along said dividing line between said Lots Nos. 1 and 4 the following three (3) courses and distances: (1) South 07 degrees 47 minutes 13 seconds West a distance of 201.88 feet to a stone; (2) South 86 degrees 08 minutes 20 seconds West a distance of 118.38 feet to a stone; and (3) South 49 degrees 53 minutes 54 seconds West a distance of 107.66 feet to a nail in said original centerline of Township Road T-457 known as Burgners Road at the place of BEGINNING. THE ABOVE described tract of land contains a net area of 1.053 acres exclusive of the dedicated right-of--way of said Township Road T-457 known as Burgners Road, and has placed thereon a mobile home which has a mailing address of 698 Burgners Road, Carlisle, Pennsylvania, 17013. (erroneously set forth as 799 Burgners Road in the prior deed) SO MUCH of the above described tract of land as lies within 25 feet of the original centerline of 33 feet wide Township Road T-457 known as Burgners Road has been dedicated as a portion of the right-of--way of said Road. BEING the same premises which Wayne D. Wickard and Lois L. Wickard, husband and wife, by Deed dated March 31, 2000 and recorded March 31, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 218 Page 506, granted and conveyed unto C. Scott Wickard and Ronda L. Wickard, husband and wife, in fee. PARCEL ID: 14-06-0027-123. ,s '' RICHARD F. STERN, ESQUIItE - .` ri4, ~~ ~~ ~- ,~ STEVEN K. EISENBERG, ESQUIRE KEV IN P. DISKIN, ESQUII2E r Z v R ~ 1.vi ~ [ Z 1 ~ i L. ~ v i' STERN AND EISENBERG LLP ~~ ~ ~ ~~ THE PAVILION 261 OLD YORK ROAD, SUTI'E 410 ' C' ~' y' `--~ - -- -~'ti + ` , ~ ` JENKINTOWN, PENNSYLVANIA 19046 ~ ` ' " ' TELEPHONE: (215) 572-8111 FACSIMII.E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania v. Civil Action: 10-3775 Civil Term C. Scott Wickard and Ronda L. Wickard Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 698 Burgners Road, Carlisle, PA. 1. Name and address of Owner(s) or Reputed Owner(s): C. Scott Wickard and Ronda L. Wickard 698 Burghers Road Carlisle, PA 17015 2. Name and address of Defendant(s) in the judgment: C. Scott Wickard and Ronda L. Wickard 698 Burghers Road Carlisle, PA 17015 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real properly to be sold: U.S. District Court MD of PA C/o C.A. Terruso 309 William J. Nealon Federal Bldg. Scranton, PA 18501 Beneficial Consumer Discount Co. 961 Weigel Drive Elmhurst, IL 60126 J:\Supriya\Sales\Cumberland\E1SBC. Wickard.07. l0.doc Beneficial Consumer Discount Co. C/o Marc S. Weisberg, Esquire 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 4. Name and address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Co. 419 Village Drive, Suite 2 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: N/A 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: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 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: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 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. Section 4904 relating to unsworn falsification to authorities. Date: July 20, 2010 ,,,.,, >. ~.. _ _. . ,c--- T ~ ~~~!~~ 1 ~-~°~~ t ~~t1rRl~O,P~tr~ ,~~o/~ir~ry1~P~,Ub(~1iC i ~.i S%` il.. h ~?3 fH ^J"^ ice{ Si\0~~'! ~VM~~ t~ l ., 7 _... ~ t ~ ,._...---.. .. . ~F.. ...., _... STERN D EISENBERG LLP S V N K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff Sworn t ~d sub bed before me thi cT -Day ofJ V ~ , 2010. Notary Public J:\Supriya\Sales\Cumberland\HSBC. Wickazd.07.10. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania v. C. Scott Wickard and Ronda L. Wickard Civil Action: 10-3775 Civil Term Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: C. Scott Wickard and Ronda L. Wickard 698 Burghers Road Carlisle, PA 17015 Your real estate at 698 Burghers Road, Carlisle, PA is scheduled to be sold at Sheriffs Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $192,640.19 obtained by Beneficial against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 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. J:\Supriya\Sales\Cwmberland\HSBC. Wickard.07.10.doc You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your properly will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 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 Stern and Eisenberg LLP, telephone (215) 572-8111. 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 no later than 30 days after the sale date. 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 the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\HSBC. Wickazd.07.10. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIItE STERN AND EISENBERG LLP THE PAVII.ION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action: 10-3775 Civil Term v. C. Scott Wickard and Ronda L. Wickard MORTGAGE FORECLOSURE RE: PREMISES: 698 Burners Road, Carlisle, PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, December 8, 2010 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $192,640.19 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff s Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. July 20, 2010 STERN EISENBERG LLP BY: __ . S K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:4Supriya\Sales\Cumberland\F-ISBC. Wickard.07.10. doc ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan prepared by Larry V. Neidlinger, Registered Professional Land Surveyor, dated October 1, 1991, a copy of said Plan having been recorded on March 13, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 64 Page 25. BEGINNING at a nail in the original centerline of Township Road, T-457 known as Burgners Road at the dividing line between Lots No. 1 and 4; thence from said nail at the place of beginning along said original center line of 33 feet wide Burgners Road, North 46 degrees 02 minutes 58 seconds West a distance of 171.23 feet to a nail at the approximate centerline of Opossum Lake Road at corner of land now or formerly of Edward Serviente; thence along line of said land now or formerly of Edward Serviente, North 65 degrees 42 minutes 12 seconds East a distance of 385.21 feet to a post at the dividing line between said Lots Nos. 1 and 4; thence along said dividing line between said Lots Nos. 1 and 4 the following three (3) courses and distances: (1) South 07 degrees 47 minutes 13 seconds West a distance of 201.88 feet to a stone; (2) South 86 degrees 08 minutes 20 seconds West a distance of 118.38 feet to a stone; and (3) South 49 degrees 53 minutes 54 seconds West a distance of 107.66 feet to a nail in said original centerline of Township Road T-457 known as Burgners Road at the place of BEGINNING. THE ABOVE described tract of land contains a net area of 1.053 acres exclusive of the dedicated right-of--way of said Township Road T-457 known as Burgners Road, and has placed thereon a mobile home which has a mailing address of 698 Burghers Road, Carlisle, Pennsylvania, 17013. (erroneously set forth as 799 Burghers Road in the prior deed) SO MUCH of the above described tract of land as lies within 25 feet of the original centerline of 33 feet wide Township Road T-457 known as Burghers Road has been dedicated as a portion of the right-of--way of said Road. BEING the same premises which Wayne D. Wickard and Lois L. Wickard, husband and wife, by Deed dated March 31, 2000 and recorded March 31, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 218 Page 506, granted and conveyed unto C. Scott Wickard and Ronda L. Wickard, husband and wife, in fee. PARCEL ID:. 14-06-0027-123. ESQUIItE RICHARD F. STERN FrL' ~' ~ ~ -,~ - ~ ,!Z , STEVEN K. EISENBERG, ESQUIRE ',%r T~~ `' ~ ' - KEVIN P. DISKIN, ESQUIRE ' ~ ~ ~'' • ~ j ~~ s ~ • STERN AND EISENBERG LLP J ~- ~~ ; ~ J ~ • THE PAVILION ~• ~ i 261 OLD YORK ROAD, SurrE 410 ,~ ~~~ ~'~ r • ; ,' ~"~'' ' JENKINTOWN, PENNSYLVANIA 19046 t ~. TELEPHONE: (21S) 572-8111 FACSIMII.E: (21S) S72-S02S (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania v. C. Scott Wickard and Ronda L. Wickard Defendant(s) Civil Action: 10-3775 Civil Term MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: C. Scott Wickard and Ronda L. Wickard 698 Burghers Road Carlisle, PA 17015 Your real estate at 698 Burghers Road, Carlisle, PA is scheduled to be sold at Sheriffs Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $192,640.19 obtained by Beneficial against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 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. J:\Supriya\Sales\CumberlandlHSBC. Wickard.07. l0.doc You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 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 Stern and Eisenberg LLP, telephone (215) 572-8111. 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 shaze 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 no later than 30 days after the sale date. 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) aze filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 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 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. Cumberland County Baz Association 32 South Bedford Street Cazlisle, PA 17013 800-990-9108 717-249-3166 J:~.Supriya~.SaleslCumberland~I-ISBC. Wickard.07. l0.doc ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan prepared by Larry V. Neidlinger, Registered Professional Land Surveyor, dated October 1, 1991, a copy of said Plan having been recorded on March 13, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 64 Page 25. BEGINNING at a nail in the original centerline of Township Road, T-457 known as Burgners Road at the dividing line between Lots No. 1 and 4; thence from said nail at the place of beginning along said original center line of 33 feet wide Burgners Road, North 46 degrees 02 minutes 58 seconds West a distance of 171.23 feet to a nail at the approximate centerline of Opossum Lake Road at corner of land now or formerly of Edward Serviente; thence along line of said land now or formerly of Edward Serviente, North 65 degrees 42 minutes 12 seconds East a distance of 385.21 feet to a post at the dividing line between said Lots Nos. 1 and 4; thence along said dividing line between said Lots Nos. 1 and 4 the following three (3) courses and distances: (1) South 07 degrees 47 minutes 13 seconds West a distance of 201.88 feet to a stone; (2) South 86 degrees 08 minutes 20 seconds West a distance of 118.38 feet to a stone; and (3) South 49 degrees 53 minutes 54 seconds West a distance of 107.66 feet to a nail in said original centerline of Township Road T-457 known as Burgners Road at the place of BEGINNING. THE ABOVE described tract of land contains a net area of 1.053 acres exclusive of the dedicated right-of--way of said Township Road T-457 known as Burgners Road, and has placed thereon a mobile home which has a mailing address of 698 Burgners Road, Carlisle, Pennsylvania, 17013. (erroneously set forth as 799 Burgners Road in the prior deed) SO MUCH of the above described tract of land as lies within 25 feet of the original centerline of 33 feet wide Township Road T-457 known as Burgners Road has been dedicated as a portion of the right-of--way of said Road. BEING the same premises which Wayne D. Wickard and Lois L. Wickard, husband and wife, by Deed dated March 31, 2000 and recorded March 31, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 218 Page 506, granted and conveyed unto C. Scott Wickard and Ronda L. Wickard, husband and wife, in fee. PARCEL ID: 14-06-0027-123. ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with Subdivision Plan prepared by Larry V. Neidlinger, Registered Professional Land Surveyor, dated October 1, 1991, a copy of said Plan having been recorded on March 13, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 64 Page 25. BEGINNING at a nail in the original centerline of Township Road, T-457 known as Burgners Road at the dividing line between Lots No. 1 and 4; thence from said nail at the place of beginning along said original center line of 33 feet wide Burgners Road, North 46 degrees 02 minutes 58 seconds West a distance of 171.23 feet to a nail at the approximate centerline of Opossum Lake Road at comer of land now or formerly of Edward Serviente; thence along line of said land now or formerly of Edward Serviente, North 65 degrees 42 minutes 12 seconds East a distance of 385.21 feet to a post at the dividing line between said Lots Nos. 1 and 4; thence along said dividing line between said Lots Nos. 1 and 4 the following three (3) courses and distances: (1) South 07 degrees 47 minutes 13 seconds West a distance of 201.88 feet to a stone; (2) South 86 degrees 08 minutes 20 seconds West a distance of 118.38 feet to a stone; and (3) South 49 degrees 53 minutes 54 seconds West a distance of 107.66 feet to a nail in said original centerline of Township Road T-457 known as Burgners Road at the place of BEGINNING. THE ABOVE described tract of land contains a net area of 1.053 acres exclusive of the dedicated right-of--way of said Township Road T-457 known as Burgners Road, and has placed thereon a mobile home which has a mailing address of 698 Burgners Road, Carlisle, Pennsylvania, 17013. (erroneously set forth as 799 Burgners Road in the prior deed) SO MiJCH of the above described tract of land as lies within 25 feet of the original centerline of 33 feet wide Township Road T-457 known as Burgners Road has been dedicated as a portion of the right-of--way of said Road. BEING the same premises which Wayne D. Wickard and Lois L. Wickard, husband and wife, by Deed dated March 31, 2000 and recorded March 31, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 218 Page 506, granted and conveyed unto C. Scott Wickard and Ronda L. Wickard, husband and wife, in fee. PARCEL ID: 14-06-0027-123. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3775 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 C. SCOTT WICKARD AND RONDA L. WICKARD (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 $192,640.19 L.L.$.50 Interest from 7/21/2010 at the per diem rate of $34.38 until judgment is paid in full Atty's Comm Atty Paid $181.90 Plaintiff Paid Date: 7%~l/YO Due Prothy $2.00 Other Costs David D. Buell, Prot onotary R *1~'[}ES~'INii PA2Z'I'Y: Naine: STEyEN K EISENBERG, ESQUIRE Address: 261 OLD YORK ROAD, THE PAVILION SUITE 410 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 Deputy i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?Qpixtp o4 Lau+Ler/,??? gFF«.g,=,ct?. a<ERtiFR FILED-OFFICE "; THE PfIOTH IAJE I 2016 SeP 23 PM 3: V? C,UMBERLANID COUP F Y PEMNSY! VAN! A Beneficial Consumer Discount Company Case Number vs. C. Scott Wickard (et al.) 2010-3775 SHERIFF'S RETURN OF SERVICE 09/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Steven Eisenberg on 8/12110 SHERIFF COST: $94.78 SO ANSWERS, September 23, 2010 RON R ANDERSON, SHERIFF /4-1 7,<7i ?s" 2y4--7/3 (c) Gount,Suite Sheriff, Teieogolt. uric. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW ? EISENBERG, ESQUIRE STEVEN K rs i . STERN AND EISENBERG LLP The Pavilion ° 261 Old York Road, Suite 410 'D T PA 19046 Jenkintown , (215) 572-8111 I.D. #75736 ?.} Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Number: 10-3775 Civ il Term Plaintiff v. COMPLAINT IN MORTGAGE FORECLOSURE C. Scott Wickard Ronda L. Wickard Defendants ORDER TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE To the Prothonotary: Kindly mark the above captioned matter as settled, discontinued and without prejudice, upon payment of your costs only. STERN AND EISENBERG LLP BY: K. EdBERG for Plaintiff 8/12/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW y _ c? ~J STEVEN K. EISENBERG, ESQUIRE Stern & Eisenberg The Pavilion Suite 410 261 Old York Road , PA 19046 Jenkintown ° , (215) 572-8111 ' C" I.D. #75736 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania VS. NO. 10-3775 Civil Term C. Scott Wickard Ronda L. Wickard PRAECIPE TO VACATE JUDGMENT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the judgment entered in favor of Plaintiff and against Defendant in e above-captioned matter "vacated without prejudice" upon payment of your c t only. STERN AND E NB RG BY: STEVEN EISENBERG Attorney or Plaintiff 8/12/2010 pd• c,N -"b Off ay?o?3