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HomeMy WebLinkAbout10-3879RICHARD F. STERN, ESQUIRE (03315) S ?PVEN K. EI$ENBERG, ESQUIRE (75736) ' 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) ., Y !N T .7 i- 2010 .!UA {4 AE 11': 56 CL'1 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 Ave. Depew, NY 14043 Civil Action Number: Clair E. Delancey and Portia L. Delancey 900 Franklin Street Carlisle, PA 17013 Defendant(s) 16 - 3819 0,;v i 1 term 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,.FQRTH Qt) *ga. oo P0 ATTI \\Server5\office documUess\Complaints\Cumberland\Delancy, Clair.doc C*p 378 e aq -59y BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE 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\ofce docum\Jess\Complaints\Cumberland\Delancy, Clair.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 Ave. Depew, NY 14043 V. Clair E. Delancey and Portia L. Delancey 900 Franklin Street Carlisle, PA 17013 Defendant(s) Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE 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 iud2ment may be entered aizainst you AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se \\Server5\office docum\Jess\Complaints\Cumberland\Delancy, Clair.doc 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 A 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. 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. defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. Lleva esta demanda a un abogado inmediatamente. Si no tiene abogado o si no tiene el dinero suficiente de pagar tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir asistencia legal. Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 \\Server5\office documUess\Complaints\Cumberland\Delancy, Clair.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 BE USED FOR THAT PURPOSE. \\ServerS\office docum\Jess\Complaints\Cumberland\Delancy, Clair.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 Ave. Depew, NY 14043 V. Clair E. Delancey and Portia L. Delancey 900 Franklin Street Carlisle, PA 17013 Civil Action Number: 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 Ave., Depew, NY 14043. 2. Defendant(s) are Clair E. Delancey and Portia L. Delancey, adult individuals with a last- known address of 900 Franklin Street, Carlisle, PA 17013. 3. Under date of 10/10/2003, defendants executed and delivered to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania a mortgage upon the property 900 Franklin Street, Carlisle, PA (the "Property")to secure the payment of the sum of $97,167.52 . The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 10/13/2003 at Bk. 1840, P. 4058 and is \\Server5\office docum\Jess\Complaints\Cumberland\Delancy, Claindoc 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 900 Franklin Street, Carlisle, PA 17013 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 $702.29 due on November 16, 2009 and on the same day of each month thereafter. 7. The following is due on the loan: PRINCIPAL BALANCE .......................................................$88,894.82 INTEREST accrued thru 06/04/2010 of ...............................$2,821.28 Interest after 06/04/2010 shall accrue at the per diem rate of $17.65.) LATE CHARGES accrued thru 06/04/2010 of ..................... $191.90 Late charges after 06/04/2010 shall accrue at the monthly rate of $35.11.) COSTS ................................................................................... $300.00 ATTORNEY'S FEE .............................................................. $4,400.00 TOTAL .................................................................................. $96,608.00 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. \\Sen,er5\office documUess\Complaints\Cumberland\Delancy, Clair.doc WHEREFORE, Plaintiff, Beneficial requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $88,894.82 plus interest thereon of $2,821.28 plus $17.65 per day from 06/04/2010 until judgment is paid in full, late charges of $191.90, plus late charges of $35.11 per month from 06/04/2010 until judgment is paid in full, costs of $300.00, attorney's fees of $4,400.00 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 EIKENBERG LLP BY: RICHARD . STERN, ESQUIRE STEVE EISENBERG, ESQUIRE KEV DISKIN, ESQUIRE Atto ev for Plaintiff \\Server5\office documUess\Complaints\Cumberland\Delancy, Clair.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. Print Flame: Steven K. Eisenberg On Behalf of. Plaintiff Dated: G - 4 -2?-f 5?6 ALL those two certain lots, pieces or parcels of land, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Franklin Street; on the South by E Street; on the West by a private lane; and on the North by lot of Samuel L. Divon; containing 50 feet in front on said Franklin Street and extending at an even width 200 feet, more or less, in depth to the above mentioned private lane on the West and having thereon erected two 2 story frame houses. BEING known and numbered as 900 Franklin Street, Carlisle, PA. BEING Lots Nos. 11 and 12 in Block No. 26 according to the plan of lots laid out and adopted by the Carlisle Land and Improvement Company, said Plan being recorded in Cumberland County Miscellaneous Record Book 11, at page 572. BEING the same premises which Dauphin Deposit Bank and Trust Company, Executor under the Will of Mary C. Lightner, Deceased, by Deed dated November 6, 1980 and recorded November 13, 1980 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book E 29 Page 992, granted and conveyed unto Clair B. Delancey and Portia L. Delancey, husband and wife, in fee. STERN AND EISENBERG, LLP 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572-8111 Date: April 26, 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 NUM ERO M ENCIONADO 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 REDIMIR SU HIPOTECA. 1?-i HOMEOWNER'S NAME(S): Clair E. Delancey and Portia L. Delancey PROPERTY ADDRESS: 900 Franklin Street, Carlisle, PA. MAILING ADDRESS: 900 Franklin Street, Carlisle, PA 17013 LOAN ACCT. NO.: 71171500545701 ORIGINAL LENDER: Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania CURRENT LENDER/SERVICER: Beneficial Consumer Discount Company 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 JADiane\ACMHSBC-DELANCEY 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: 900 Franklin Street, Carlisle, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and JADiane\ACTS\HSBC-DELANCEY CUMBERLAND 4-10.doc the following amounts are now past due: Monthly payments of $702.29 due on November 16, 2009 through and including April 23, 2010, in the amount of ........................... $4213.74 Other charges (explain/itemize): Late charges :.............•............................................................$156.79 Fees billed ..............................................................................$0 Other charges (explain) .......................................................... $0 TOTAL AMOUNT PAST DUE: .................................................... $4370.53 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 $4370.53, 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\ACTSIHSBC-DELANCEY 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 Ave. 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 JADiane\ACTS\HSBC-DELANCEY 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 ?EISENBERG BY: j Stern &c Eisenberg, LLP VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL / I JADiane\ACTS\HSBC-DELANCEY 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. J:1Diane\ACTSIHSBC-DELANCEY 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:\Diane\ACTSIHSBC-DELANCEY CUMBERLAND 4-10.doc J' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW ~ ~ ~, -~~ STEVEN K. EISENBERG, ESQUIRE ; ~~ ~ ~ ~-:-, STERN AND EISENBERG LLP ~=' `' '~ ` ' '~' -'~' The Pavilion ~`~ 4 Suite 410 261 Old York Road ~~> ~`' ~;~=' , Jenkintown, PA 19046 '-~ c-~ -~ ~~'-' (215) 572-8111 _ - ~ `~' -; - ° `~' #75736 D ~ ~ ^ ~' ' . . c.,.~ ~~ Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania v. Clair E. Delancey and Portia L. Delancey Civil Action Number: 10-3879 Civil Term MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff s Sale was mailed to the Defendants by certified mail, return receipt requested on October 5, 2010. I further certify that notice of the Sheriff s Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on October 5, 2010, as evidenced by copy of certificates of mailing attached. STERN AND EISENBERG LLP BY: ' `" ST EN K. EISENBERG Attorney for Plaintiff 10/5/10 ~".. 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W .~ ~ n ~ o o ~~ ~ 0 ~ ~ W ~ ~ ~ ~ o O w !b co w <_' ~ p ~ d ~ ono C7 ~ o ~ ~ ~ ~D ~ ~. a~ o ~ c O "~ N ~ ~ N n W O N ' . N p ~~ x C 1 ~ ~" ~~ ~ '~ a ~ ~ ~ b ~~ a o ~ o ~v W ~.. a ~ W ~ ~ o ~ o b W o ~ ~ o a . . . c~ 0 ~. . oa rn ~ % ~ ~ ,' :"-) 0311b'W , ~ '~ ~ 0£000 ~ d l ZO . C ~ ~ ~~ yam ~, a ~ to ~ y ~ ,~ O a ii ~~~ d ~ H ~O~ a ~ -C R~ b ~ ~y l J ~° z ~ y Q t9 ro S. 0 A a 0 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion - '_ ?,- 261 Old York Road, Suite 410,1 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 c> Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania Civil Action Number: 10-3879 Civil Term V. MORTGAGE FORECLOSURE Clair E. Delancey and Portia L. Delancey Defendant(s) CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail, return receipt requested on October 5, 2010 and received by the defendant on October 8, 2010 as evidenced by copy of certified mail receipt and signed green card attached. STERN AND EISENBERG LLP BY: Yee 2o N K. EISENBERG rney for Plaintiff 11/15/10 Iit Ir Q" cr N a ED Cl C3 C7 0 I' N C! M O r• ?' 7i d m d d V LL m N? LL m N m b O d 6 ? d m Z Q > Q oiS z L 0- 0 ° zat aaaD 4 624 a2a t,2a8 6669 a 1 ° aaa aaa cc vi v > n C) 0, E ?{ c $ r+' v Z-0 58,00 E f, t .0. to v r- ID m?33?r - o a ? m Cs CY aO yQp E mk .u a t? ru tr IV co' o. C3 Cl 0 a- ru p 0 1rq C3 r- ` tt^ r co z t ? N n e d m yv dm m ? << ... ? d LL m u-. U. QO ?G o? O CD N ?d i Q ,?Z O ;S m 2c Pm N ;ao; U ?E mE 2 .qm ?°"m N c? m ti ';? a a o wo o c .? a62a ?'CaZ 2865 ?,2aQ dada IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW cz o STEVEN K. EISENBERG, ESQ. C-) .r- STERN & EISENBERG, LLC ..? Cn ?© C ) The Pavilion . ca 261 Old York Road, Suite 410 > 3 C"n ' Jenkintown, PA 19046 r" (215) 572-8111 i 2> I.D. #75736 Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Clair E. Delancey and Portia L. Delancey Defendant(s) Civil Action Number: 10-3879 Civil Term MORTGAGE FORECLOSURE ORDER TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE To the Prothonotary: Kindly mark the above captioned matter as settled, discontinued and ended, without prejudice, upon payment of your costs only. STERN AND BY: EISENBERG for Plaintiff 12/2/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW STEVEN K. EISENBERG, ESQ. rra? mca v t= --r- -rt .. STERN & EISENBERG, LLC ? `-' -Vrn The Pavilion -<? yr o ° 261 Old York Road Suite 410 o-n , Jenkintown, PA 19046 (215) 572-8111 z r I.D. #75736 rv Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Clair E. Delancey and Portia L. Delancey Civil Action Number: 10-3879 Civil Term MORTGAGE FORECLOSURE PRAECIPE TO VACATE JUDGMENT WITHOUT PREJUDICE TO THE PROTHONOTARY: Subsequent to the entry of judgment, Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY, as trustee, directs the Prothonotary to vacate the judgment without prejudice to the continuing validity of the note and mortgage and without prejudice to Plaintiff s right to institute a separate proceeding on the note or mortgage against the Defendant as a result of any default. STERN 12/2/2010 BY: STEVFWK. EISENBERG Atto ev for Plaintiff SHERIFFS OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ° r FJ;t- F'I(;r' Sheriff` F if i? ?tt? ttt ?arnGrr?l trot°; Jody S Smith 4u 2010 ?? Chief Deputy AH (1 ' is j -a CUMBE kAtr© COUNTY Richard W Stewart Solicitor PENNSYLVAP IA Beneficial Consumer Discount Company vs. Case Number Clair E. Delancey (et al.) 2010-3879 SHERIFF'S RETURN OF SERVICE 10/13/2010 09:48 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 0924 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Clair E. & Portia L. Delancey, located at, 900 Franklin Street, Carlisle, Cumberland County,Pennsylvania according to law. 10/28/2010 08:56 PM - Ronny R. Andersen, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Clair E. Delancey, but was unable to locate the Defendant in his bailiwick. Heltherefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 900 Franklin Street, Carlisle, PA 17013, defendant does not reside at address stated, did not leave a forwarding address with the post office. 10/28/2010 08:56 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Portia L. Delancey, but was unable to locate the Defendant in his bailiwick. Heltherefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Fund" at 900 Franklin Street, Carlisle, PA 17013, defendant does not reside at address stated, did not lea e a forwarding address with the post office. 12/07/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Eisenberg on 12/7/10.. SHERIFF COST: $698.70 SO ANSWERS, December 10, 2010 RON R ANDERSON, SHERIFF 57,, Pd l__(._ K ,'j ySLAO Sheriff. Telecso-t In-, 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 COUR OF COMMON PLEAS OF PENNSYLVANIA OR CUMBERLAND COUNTY Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of Pe sylvania Civil Action: 10-3879 Civil Term V. Clair E. Delancey and Portia L. 'Delancey Defendant(s) MORTGAGE FORECLOSURE I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution w filed, the following information concerning the real property located at 900 Franklin Street Carlisle, PA. 1. Name and address of Owner(s) or Reputed Owner(s): Clair E. Delancey and Portia L. Delancey 900 Franklin Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Clair E. Delancey and Portia L. Delancey 900 Franklin Street Carlisle, PA 17013 3. Name and last known addre' s of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: The CIT Group/Cons er Finance, Inc. C/o Mortgage Management Services, Inc. 1980 Post Oak Blvd., St -1. 600 Houston, TX 77056 J:\Supriya\Sales\Cumberland\HSBC.Delancey.67.10. doe Beneficial Consumer D scount Company 419 Village Drive, Suit 2 Carlisle, PA 17013 5. Name and address of every ?ther person who has any record lien on the property: N/A 6. Name and address of eve 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 ever other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Cumberland County 13 North Hanover Sl Carlisle, PA 17013 Occupant 900 Franklin Street Carlisle, PA 17013 Tax Claim Bureau Cumberland County Courthouse One Courthouse Street 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 elief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S ction 4904 relating to unworn falsification to authorities. Date: July 29, 2010 Npq .n,? Crib Sworn .4nd subscribed befc ay ol-Tu?, Notary Public STERN ANO EISENBERG LLP .Y: ,99?qEN K. EISENBERG CHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff me 10. J:\Supriya\Sales\Cumberland\HSBC.Delancev.07. 1 0.doc I. 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 FACSRA L.E: (215) 5725025 (COUNSEL FOR PLAINTIFF) IN THE OF COMMON PLEAS OF PENNSYLVANIA )R CUMBERLAND COUNTY Beneficial Consumer Discount iCompany, d/b/a Beneficial Mortgage Co. of Pennsylvania V. Clair E. Delancey and Portia L? Delancey Defendant(s) NOTICE To: Clair E. Delancey and Portia L. Delancey 900 Franklin Street Carlisle, PA 17013 Civil Action: 10-3879 Civil Term MORTGAGE FORECLOSURE Your real estate at 900 Frankl Street, Carlisle, PA is scheduled to be sold at Sheriff s Sale on Wednesday, December 8, 201 at 10:00 A.M., at Sheriff s Office, Cumberland County Courthouse, Carlisle, PA 1701 (location of sale) to enforce the court judgment of $97,648.97 obtained by Beneficial against you. CE OF OWNER'S RIGHTS YOU MAY To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stem 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 Stem 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 properly 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\Cumberland\HSBC.DelanceyJ 07.10. doc You may need an attorney to you will have of stopping the YOU MAY STILL BE ABLE RIGHTS EVEN IF THE SHE] your rights. The sooner you contact one, the more chance (See notice on page two on how to obtain an attorney.) SAVE YOUR PROPERTY AND YOU HAVE OTHER SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stpped, 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 v ue 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 n the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the uyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a s distribution of the money bid the Sheriff no later than 30 d, receiving that money. The m exceptions (reasons why the i (10) days after the date of fili calling (717) 240-6390 to de 7. You may also have other immediately after the sale. YOU 'e of the money which was paid for your house. A Schedule of your house will be filed by the Sheriff on a date specified by after the sale date. This Schedule will state who will be ,y will be paid out in accordance with this schedule unless posed distribution is wrong) are filed with the Sheriff within ten of said schedule. You should check with the Sheriffs Office by nine the actual date of filing of said schedule. and defenses, or ways of getting your house back, if you act TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO 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. berland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\HSBC.DelanceyJ 07.10.doc M 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 COUR OF COMMON PLEAS OF PENNSYLVANIA L2 CUMBERLAND COUNTY Beneficial Consumer Discount (Company, d/b/a Beneficial Mortgage Co. of Pe sylvania v. Clair E. Delancey and Portia L i Delancey Civil Action: 10-3879 Civil Term MORTGAGE FORECLOSURE RE: PREMISES: 900 Frankl' Street 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 de ult, 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 Sheriff s Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pi interest, costs (and such other Plaintiff against the above-nar have discovered that you may is given so that you can protec have any questions regarding 1 urge you to CONTACT YOL suant to the judgment in the amount of $97,648.97 together with lowed amounts) thereon entered in the above matter in favor of d Defendant(s) who is/are also the real owner of said premises. ] have a lien and/or interest in the premises to be sold. This notice t your interest, if any, in the lien you have on the premises. If you he type of lien or the effect of the Sheriff s Sale upon your lien, we 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 ther to within ten (10) days thereafter. July 29, 2010 BY: .10.doc STERN AAD EISENBERG LLP STEVEN K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff ALL those two certain lots, pieces or parcels of land, situate in the Borough of Carlisle, Cumberland County, Pennsyly a, bounded and described as follows, to wit: ON the East by Franklin Stree ; on the South by E Street; on the West by a private lane; and on the North by lot of Samuel L Divon; containing 50 feet in front on said Franklin Street and extending at an even width 20 feet, more or less, in depth to the above mentioned private lane on the West and having thereon erected two 2 story frame houses. BEING known and numbered as 900 Franklin Street, Carlisle PA. BEING Lots Nos. 11 and 12 i Block No. 26 according to the plan of lots laid out and adopted by the Carlisle Land and Im rovement Company, said Plan being recorded in Cumberland County Miscellaneous Record Book 11, at page 572. BEING the same premises w ich Dauphin Deposit Bank and "trust Company, Executor under the Will of Mary C. Lightner, Deceased, by Deed dated November 6, 1980 and recorded November 13, 1980 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book E 29 Page 992, anted and conveyed unto Clair B. Delancey and Portia L. Delancey, husband and wife, i fee. PARCEL ID: 06-19-1643-1 J:1Supriya\Sales\Cumberland\14SBC.Delancey.07, l0.doc WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMB To satisfy the debt, interest d/b/a BENEFICIAL MORTG From CLAIR E. DELANC] (1) You are directed to le DESCRIPTION. (2) You are also directed to at of GARNISHEE(S) as follows: and to notify the garnishee(s) paying any debt to or for the (s) or otherwise disposing the (3) If property of the defend of anyone other than a named garnishee and is enjoined as a Amount Due $97,648.97 Interest from 7/30/10 at the Atty's Comm % Atty Paid $181.90 Plaintiff Paid Date: 8/3/10 (Seal) REQUESTING PARTY: Name: STEVEN K. EISENBI Address: STERN AND EISEP 261 OLD YORK RC THE PAVILION, S JENKINTOWN, PA Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 NO 10-3879 Civil CIVIL ACTION - LAW ;RLAND COUNTY: and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY, I GE CO OF PENNSYLVANIA, Plaintiff (s) Y & PORTIA L. DELANCEY y upon the property of the defendant (s)and to sell SEE LEGAL the property of the defendant(s) not levied upon in the possession (a) an attachment has been issued; (b) the garnishee(s) is enjoined from nt of the defendant (s) and from delivering any property of the defendant not levied upon an subject to attachment is found in the possession shee, you are directed to notify him/her that he/she has been added as a stated. L.L.$.50 diem rate of $17.65 until judgment is paid in full Due Prothy $2.00 ESQUIRE .G LLP ?ITE 410 19046 Other Costs David D. Buell, Pr29??Jonottary By: Deputy On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 900 Franklin Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: fta-ak" - Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF COUNTY OF Lisa Marie Coyne, Esc State aforesaid, being duly swc Journal, a legal periodical publ was established January 2, 195 periodical for the publication o issued weekly in the said Coun exactly the same as was printec Journal on the following dates, LVANIA ss. wire, Editor of the Cumberland Law Journal, of the County and n, according to law, deposes and says that the Cumberland Law ihed in the Borough of Carlisle in the County and State aforesaid, , and designated by the local courts as the official legal all legal notices, and has, since January 2, 1952, been regularly y, and that the printed notice or publication attached hereto is in the regular editions and issues of the said Cumberland Law October ber 29, and November 5, 2010 Affiant further deposes hat he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical Of general circulation, and that he is not interested in the subject matter of the aforesaid notice o advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. C'Psa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 LAW JOURNAL Writ No. 2010-3879 Civil Beneficial Consumer Discount Company VS. Clair E. Delancey Portia L. Delancey Atty.: Steven K. Eisenberg ALL those two certain lots, pieces or parcels of land, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Franklin Street; on the South by E Street; on the West by a private lane; and on the North by lot of Samuel L. Divon; containing 50 feet in front on said Franklin Street and extending at an even width 200 feet, more or less, in depth to the above mentioned private lane on the West and having thereon erected two 2 story frame houses. BEING known and numbered as 900 Franklin Street, Carlisle, PA. BEING Lots Nos. 11 and 12 in Block No. 26 according to the plan of lots laid out and adopted by the Carlisle Land and Improvement Com- pany, said Plan being recorded in Cumberland County Miscellaneous Record Book 11, at page 572. BEING the same premises which Dauphin Deposit Bank and Trust Company, Executor under the Will of Mary C. Lightner, Deceased, by Deed dated November 6, 1980 and recorded November 13, 1980 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book E 29 Page 992, granted and conveyed unto Clair B. Delancey and Portia L. Delancey, husband and wife, in fee. PARCEL ID: 06-19-1643-164. 33 `The 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 che Patr1*0t News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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 and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed andpublished at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/15/10 10/22/10 10/29/10 Sworn to and su scrib6d- efore me this 10 day,ofi,,hovember, 2010 A.D. -?--- Notary lic COMMONV1 MTH OF PE14NSYLVANLA Nou" Seal Sherrie L Kisner, Notary Public Lower Paxton Twp., Dauphin County My Commission Bores Nov. 26, 2011 Member, Pennsylvania Association of Notaries 20404M CM Term Bewft V8 Ch* E. Delancey r+orda L. ;y Mr. $Ww" K 91senberg ALL those two certain lots, pieces or parcels of land, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Franklin Street; on the South by E Street; on the West by a private lane, and on the North by lot of Samuel L. Divou; containing 50 feet in front on said Franklin Street and extending at an even width 200 feet, more or less, in depth to the above mentioned private lane on the West' and haying thereon erected two 2 story frame houses. BEING known and numbered as 90o Franklin Street, Carlisle, PA. BEING Lots Nos, 11 and 12 in Block No. 26 according to the plan of lots laid out and adopted by the Carlisle Land and Improvement Company, said Plan 'being recorded in Cumberland county Miscellaneous Record Book 11, at page 572. BEING the same premises which Dauphin Deposit Bank and bast Compaq, Executor under the Will of Mary C. Lightner, Deceased, by Deed dated November 6,1980 and recorded November 13, 1980 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book E 29 Page 992, granted and conveyed unto Clair B. Delancey and Portia L. Dekncey, lwahand and wife, in fee. PARCEL ID: 06.19-1643-164.