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HomeMy WebLinkAbout01-2890FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (?l,;) AURORA LOAN SERVICING 601 5TH AVENUE SCOTTSBLUFF, NE 69361 Plaintiff LAWRENCE M. FAILOR, .IR. PENNY S. FAILOR 604 COPPER CIRCLE CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OI- CUMBERLAND COUNTY Defendant(s) f~lVll, A~TION. I,AW COMPI,AINT IN MCIRT~A~I~, NOTICE **THIS FIRM IS A DEBT COLLECTOR A~rEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0007578487 Plaintiff is AuRORA LOAN SER¥1CING 601 5TH AVEIlUE sCOTTSBLUFF, NE 69361 The name(s) and last known address(es) of the Ikf~ndant(s) are: LAWRENCE M. FAILOR, JR. pENNY S. FAILOR 604 coPPER CIRCLE cARLISLE, PA 17013 who is/are the mortgagnr(s) and real owner(s) of the propeWd hereinafter described. On 11129194 mortgag°r(s) made, executed and delivered a mortgage upon thc premises hereinafter described to FLEET REAL ESTATE FUNDING CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book Ilo. 1243, Page 541. By Assignment of Mortgage recorded 7116199 thc mortgage was assigned to US BAli'K, N.A. which Assignment is recorded in Assignment of Mortgage Book Ilo. 619, Page 356. PLAII',FFIFF is now the legal owner of the mortgage and is in the process of formahzmg an assignment of same subject to said mortgage is described as attached. The premises .- -~.-rincinal and interest upon said The mortgage is in default because monthly paymants and unpaid, and by the terms of mortgage duc 12/1/00 and each month thereafter are due entire said mortgage, upon default in such payments for a period of one month, thc principal balance and all interest due thereon arc collectible forthwith. Thc following amounts are due on thc mortgage: Principal Balance Interest I 1/1/00 through 4/1/01 (Per Diem $23.79) Attorney's Fees Cumulative Late Charges 11/29/94 to 4/1/01 Cost of Suit and Title Search Subtotal $90,157.40 3,616.08 4,000.00 195.91 ~O NO $98,$19.39 Credit 0.00 Deficit 11 ti q 1 Subtotal ~ 1 ltl ql TOTAL $98,636.30 The aRorney*s fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ora third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 98,636.30, together with interest from 4/I/01 at the rate of $23.79 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff m~rNG Lo~ No. 2 o~ Sect/~m 'D' of the Plan o£ Lo~s known as Fc~j~ Road Ac~es, as rec~c&~d in ttm o~£/ce o£ ~ Recc~de= o£ Deeds £c~ Cumbarland Count~ in PLan Book 22, Page 169; and beina /,,~,u~ed ~ith a ranch style ~4qg house. Le~R A~) S~JWJI' l~'v~qT~z.~, to all rest-tic, icftu, ease~erfcs, rights o£ and ccmdit/cms of z~cazd. 1'1' ~ tl~ same ~,.,,,,.;.ses ',.,~'~,-h Ben:l.~d.n 3. Gan'r, an, b~, deed o:~ even da. to and. abaut to be z~c.-.-4ed l'~e~th g~anted and cawe~d ~to Lav~ence I~,~i/SES: 60~, COPPE~ SI'B.EET VERIFICATION FRA. NK FEDERMAN. ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and'or the verification could not be obtained within the time allowed for the filing otthe pleading, that he is authorized to make this verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of'his 'knowledge. information and beliet: Fur:he, more. it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by eounsel. The undersigned understands that this statement is made subject to tile penalties or' IS Pa. C.S. Sec. 4904 relating to uns%~ orn falsification to authorities. FEDE~ANAND PHELAN, LLP. by: Daniel ~. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 AURORA LOAN SERVICIN~ vi. LAWRENCE M. FAILOR, ~R. PENI~Y S. FAILOR ATTOItNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 01-2890 FOR R~LE TO BHOW CAUBI TO TH~ PROTHONOTARY: Kindly enter a Rule upon LAWItENCE M. FAILOR, JR. & PENNY S. FAILOR, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDEI~AN~ND PHELPS, LLP. by: Daniel 0. SchncLeg, Esquire Atty. I.D. No. 62205 One Perm Canter Plaza, Suite 1400 Philadelphia, PA 19102-1799 A~OI~A I~ SERVICINQ I~WRENCE M. FAII~R, JR. PENNY S. FAILOR ATTOI~Y FOR PLAINTIFF CI~EItI~ND COUNTY CO~I~T OF C~N PLEAS CIVIL DIVISION : NO. 01-2890 ~DLE ~ NOW, this day of 2002, a Rule is entered upon LAWRENCE M. FAILOR, ~. & PENNY S. FAIhOR, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE the day of BY THE COURT: FEDERNANAND PHELAN, LLP. by: Daniel G. Sc~m4eg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 AURORA LOAN SERlriCING vs. ATTORNE~ FOR PLAINTIFF C~MBERLAlqD CODlqTY COURT OF COI~ON PLEAB CIVIL DIVISION LAWRENCE M. FAILOR, JR. P~IqNY S. FAILOR : NO. 01-2890 AND NOW, this day of , 2002, the Prothonotary is OP. DERED to reassess the damages in this case as follows: Principal Balance Interest Amount 11/1/00 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 90,157.40 13,658.81 195.91 4,000.00 1,316.50 0.00 79.06 0.00 0.00 2,319.83 $111,727.51 Plus interest per diem from 6/5/02 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ~ NOT INCLUDED IN TH~ ABOVE FIGURES. BY THE COURT: Jo FEDEI~MANAND PI{ELAN, LLP. by: Daniel g. 8chmieg, Esquire Atty. I.D. No. 62205 One Penn Center Pla~a, Suite 1400 Philadelphia, PA 19102-1799 AUROI~A LOAN SERVICINg ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION LAWRENCE M. FAILOR, JR. PENNY S. FAILOR : NO. 01-2890 pT.aT~TIFF~S PETITI~ FOR ~aAgE~T OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on MAY 11, 2001. 2. Judgment was entered against Defendant(s) on JUNE 19, 2001 in the amount of $100,515.71. 3. The mortgaged premises are listed for Sheriff's Sale on JUN~ 5, 2002. 4. Additional sums have been incurred or expended on Defendant(s)' behalf since the Complaint was filed and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 11/1/00 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 90,157.40 13,658.81 195.91 4,000.00 1,316.50 0.00 79.06 0.00 0.00 2,319.83 TOTAL $111,727.51 5. Under the tems of the mortgage, Plaintiff is entitled to inclusion f the figures set forth in paragraph five in the amount of Judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. Daniel G. Schmieg, Esquire Attorney for Plaintiff -2- FEDEI~AN AND pI~?.~N, LLP. by: Daniel G. schmieg, Esquire Atty. Z.D. No. 62205 ~e Pe~ C~ter Plaza, Suite 1400 Philadelphia, PA 19102-1799 AURORA LOAN SERVICING ATTORNEY FOR PLAINTIFF CU~E~ND COUNTY COURT OF COMMON PLEAS CML DMBION LAWRENCE M. FAILOR, JR. PENNY S. FAILOR NO. 01-2890 m~T~y OF LAW IN SUPPORT OF pLaTI~TiFF,SMOTi0~T0 ~u~F~S mANAGES I. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plalntiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage A~reement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plalntiff determined that cure the default and bring the loan current, Foreclosure Action. Judgment was subsequently entered by the Court, is scheduled for Sheriff's Sale. Defendant(s) were not going to Plaintiff commenced a Mortgage and the subject property Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. A~mm~T FOR .~a~IA~M~NTOP DAtA, IS The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqage CorDoration of the Southwest v. Good, 53? A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortgaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, amend the judgment to add failure to comply with the a mortgagee "...could properly move the court to additional sums due by virtue if the mortgage's terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly i__n rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 the property. (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the La~au v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished unti! the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Heassessment of Damages were incurred pursuant to the Mortgage Agreement, and the ~mrtgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Ter~, 1986, Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the ~nles it expended to protect its collateral. ~EFO~, Plalntiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. A~TOP/~EY FO~ pLAI~TIFF AS'tOCZAT ION ' JOSE~B jEFFEaSON' and. ROSZE JE~FE.RSON, his wife cxv~,..TItXAL DZV'~BIOr~ · MAY TERn, ' ~982~ NO. 2359 AND OPINION WHITE, AND NOW, this "~ da~ O.~ /~ ~ , ' - 's petition for RecOnsidera=ton ~unc PrO Tunc ~s~xa=lon =his Court's Orde= o~ Novm~e= 7, L985 an8 the Answer hermh~'OR~E~D an~ DE~D as' fol lo~s: ~ .. 2~ ~~r~]s Order oE Nove~er ~, 198~ ~r~gage payments upofl ~he f~llng o~,Defe~dan:s' ~nnkrUp~CY ~e~/=loh and in fact did Go, l= is necessary :o runssuss Judith= by default was' entored iD ~his ac=iOn.. Because D=fend~n~s have no= rcfu%ed uhe specific amcun~ claimed - 1 - by ~lain:£~f in the ins=ant Mo=ion for ReassessmQn=, =hi~ Cou~ ~in~s thaC De~n~an~$ have &dmSo=ed =hose amounCs,, pu=suan= ko Pa. R.C.P... Sy T~E.COURT: and correct to the best of undersigned understands that penalties of 18 Pa. C.S. authorities. Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit° and that the statements made in the foregoing Petition for Reassessment of Damages are true his knowledge, information and belief. The this statement herein is made subject to the §4904 relating to unsworn falsification to DATE: May 21, 2002 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDEI~ANAND pHELAN, LLP. . by: Daniel G. Schm~eg, Atty. I.D. No. 62205 Suite 1400 One penn C?nter Philadelphia, PA AURORA LOAN SERVICING ATTOP-NEY FOR pLAINTIFF : COURT OF CO~ON pLEAS : CIVIL DMSION LAWRENCE M. FAILOR, pENNY S. FAILOR : NO. 01-2890 ~FF!naVIT OF SERVICE Daniel G. schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below one' LAWRENCE M. FAZLOR, JR. 604 COPPER cIRCLE CARLISLE, PA 17013 pENNY S. FAILOR 1946 A FRY LOOP CAP~ZSLE, PA 17013 DATE: May 21, 2002 Daniel G. Schmieg, Esquir- Attorney for Plaintiff FEDERNAN AND PHELAN, LLP. bT= Daniel G. Schm~eg, Esquire Atty. I.D. No. 6220~ One Penn Center Plaza, SUite ~400 Philadelphia, PA 19~0~.,,.. AURORA LOAN SERVICING LAWRenCE M. FAILOR, JR. PENNY S. FAILOR MAY 20[}Z ATTORNEy FOR PLAINTIFF : COURT OF CO~N PLRA8 : CIVZL DMSZON : NG- 01-2890 · 2002, a Rule is entered upon LAWRENCE M. PALLOR, JR. & PENNy S. FAILOR, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RETURNABLE STATE OF PENNSYLVANIA. OF cu sElu s6 Robert p Zie 1 Is ............... g er Deeds in and for ---'= ,- .................. ~ ~oanty and S~te do'hernb · - ............ ........ Aurora Loan Serviciug l ~sl~ ~t the ~eg~s ~ in whi~ ~ --'~m~d~t ...... ~arch ' - ' ............................ A. D.~ ~ 02 . - .......... = ............... ~ 2890 .............................. 01 .............. satt~sult~..= Aurora Loan $ervicinl ............ 1~ ..... ............................. a~a~t ......... Lawrence N Failor Jr ~ Pen~'~ ...... ~~~rs~ ~., 252 .......................... l~o .......... IN TESTIMONy WHEREOF, I h;ve hereunto set my hand and seal of said office thh ___~..~ ..... day of ........... ~ ............ A.D.s .ao e =_a~. Aurora Loan Servicing VS Lawrence M. Failor, Jr. and Penny S. Failor In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2890 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for one of the within named defendants, to wit: Lawrence M. Failor, Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriffof Indiana County, Pennsylvania, to serve the within Real Estate Writ, Notice and Description according to law. INDIANA COUNTY RETURN: Now, January 13, 2002 at 1550 hrs served the within Real Estate Writ upon Lawrence M. Failor, Jr. at 878 N. 5th Ave., Indiana, PA 15701 by handing to him a true and correct copy of the within Real Estate Writ and making known to him the contents thereof. So answers: Donald L. Beckwith, Sheriff. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on January 2, 2002 at 9:10 o'clock a.m., EST, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one ofthe within named defendants, to wit: Penny S. Fallor, by making known unto Penny Failor Personally, at 604 Copper Circle, Carlisle, Cumberland County, Penns I contents and at the same time hand' ,, ,., ~. ....... y vania, its the same. ~ne ,'~ -~, pcrsonaJ~y the said tree and attested copy of Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2002 at 5:34 o'clock P.M., E.S.T., he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lawrence M. Failor, .Ir. and Penny S. Failor located at 604 Copper Circle, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Lawrence M. Failor, Jr.., by regular mail to his last known address of 878 N. 5~h Ave., Indiana, PA 15701. This letter was mailed under the date of Sanuary 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Penny $. Failor, by regular mail to her last known address of 604 Copper Circle, Carlisle, PA 17013. This letter was mailed under the date of Sanuary 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been g~ven according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5'2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to A.ttorney .Frank Federman for Aurora Loan Se.rv~cxng. It being the highest bid and best price received for the same, Aurora Loan Servzcino c,~n, ~h, ~ o O.~,w o ,~ve., ~cottsbluff, NE 69361, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $781.39, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 15.32 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 6.70 Certified Mail 2.32 Levy 15.00 Surcharge 30.00 Out of County 9.00 Indiana County 39.00 Postpone Sale 20.00 Law Journal 260.75 Patriot News 251.10 Share of Bills 24.20 Distribution of Proceeds Sheriff's Deed 25.00 29.50 $829.39 paid by attorney 6/26/02 Sworn and subscribed to before me This ~ day of_ 2002, A.D. Prothonotary So Answe~: · Thomas Kline, ~Jheriff Real Estate Deputy i~. ~URORA LOAN SERVICING Plaintiff, I~WRENCE M. FAILOR, ,IR. P~.I'~IY $. FAILOR CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-2890 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) AURORA LOAN SERVICING, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .604 COPPER CIRCLE ~ CARLISLE~PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAWRENCE M. FAILOR, JR. PENNY S. FAILOR 604 COPPER CIRCLE CARLISLE,PA 17013 1946 A FRY LOOP CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CARLISLE,PA 17013 PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, PA 17013 3. Name and last known address of everyjudgraent creditor whose judgment is a record lien on the real property to be sold: Nme None. Last Known Address (if address cannot be reasonably ascertained, please indicate) EAL ESTATE SALE On December 12, 2001, the sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, known and numbered as 604 Copper Circle, Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated heroin. Date: December 12, 2001 B,: R~e.al~Estate~epu~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} es Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller 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 ~ and The ~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he 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 he 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 directorsjof the said Company and subsequently duly recorded the office for the Recording of Deeds in and for said Coun~ J)f Dauphin in Miscellaneous Book "M", in Vo, Pu-,,C^T,O, ................ ......................................... COPY o .......... ~"..,~.-~l.~.lh=...~ = o~,~ __ _ / . _~-~ · - .......... · '"'-;: ...... ~ ~, 5ms zzna Cay ot I;,eo~ary 2002 A.D. S A C E #38 ! NoI~alSenlV ~'/-J~ .,__ / ~ // Membej, Fefln,~yrvania A~IiO. el Nmert~ly commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBIS:ILAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 249.6O $ 1.50 $ 251.10 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of Th P i~and T P i - , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1.929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthnl, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regnlar editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, ~'EBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. B~AL BSTATg ~ ~O. ~ Writ No. 2001-2890 Civil Aurora Loan Servicing lawrence M. Fallor. Jr. and Penny S. Fallor Atty.: Frank Federman ALL that certain tract ofland with the improvements thereon erected. situate In 8outh Mtddleton Town- ship. Cumberland County. Pennsyl- vania, bounded and described as Follows: BEGINNING at a point on the Western side of Copper Circle. on the dividing line between Lots Nas. 2 and 3 on the hereinafter raen- Uoned Plan of Lots: thence by ~ald dividing line. south 58 def)~rees 40 minutes West 150 feet to a point; thence North 31 degrees 20 min- utes %v~st 100 feel to a point; thence by the dividing line between Lots No~. 1 and 2 on said Plan of Lots. SWORN TO AND SUBSCRIBED before me this 8 day of~.~ pHII~O)ELPI-IIA, PA 19103 AUR. OP~ LOAN SERVICING LAWRENCE M. F AILOP-- pENNY $. FAILOR ATTOKNEY FOR pLAINTIFF cOUI~T OF COIvIMON pLEAS CIVIL DIVISION NO.01-2890 cUMBERLAND coUNTY AFFIDAVIT ~RIFF'S SALE ESQLUIP..E, AttOrneY for Plaintiff, hereby certifies that service of thc FRANK FEDERMAN, copy by certified mail to Defendant, a t~u¢ and con'~ct Notice of Sheriff's Sale was made by sending LAWRENCE IVL FAILOR, ill.. at 8'78 N. 5~ AVENUE, INDIANA, PA 15701 which notice of Sheriff's Sale was u:ceived by Defendant, LAWRENCE fYI. FAVOR, JR. on 2/20/02 as evidenced bythe attached return ~caipt. that this statement is made subject to the penalties of 18 PA The undersigned understands C.S. s 490~ ~lating to unswom falsification to authorities. FRANK FEDERIvlAN, ESQUIRE ATI'ORNE¥ FOR pLAINTIFF March 27, 2002 RE: URT OF COMMON PLEAS OF CUMBERLAND cOUNTY, IN THE CO PENNSYLVANIA AURORA LOAN SERVICING ) CIVIL ACTION ) VS. LAWRENCE M. FAILOR, JR. PENNY S, FAILOR ) CtVIL DIVtSION ) NO. 01-2890 ~CE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) SS: cOUNTY OF CUMBERLAND ) t, FRANK FEDERMAN, ESQUIRE attorney for AURORA LOAN SERVICING hereby verify that on 12/'/101 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sate was sent to the Defendant(s) on t2J7101 & 218102 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: ~Sj[N K FEDERMAN, Attorney for plaintiff AFFIDAVIT OF SERVICE PLAINTIFF AURORA LOAN SERVICING DEFENDANT(S) LAWRENCE M. FAILER, JR. __ PENN~. S. FAILER SER~C'~~AT 604 COPPER CIRCLE CARLISLE,PA 17013 CUMBERLAND COUNTY No. 01-2890 ACCT. S~0007578487 Type of Action - Notice of Sheriff's Sale Sale Date: 3/6/02 SERVED of Pennsylvama, in the manner described below: ._~Defnndant personally served. Adult family member with whom Defendant(s) reside(s). Reiatiouship is -- Adult in charge of Defendant(s)'s residence who refused to give name or relationship. -- Manager/Clerk of place of lodging in which Defendant(s) reside(s). -- Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: lf'~Pe¢OX o~,'¢ Heighk=~" Weightl'af~ Race_~Lsex "~ Other Description: Ageol.~ - day of~2OOL , Commonwealth a ~ and correct copy of fu~ ~ tn me manner as set rnnn the address indicated above. Sworn to and subscribed , befure me thisday ; i' '} , ,. ' ....... o, .2oo_. .' PLEASE A~TEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATrEMPED. NOTSERVED On the day of Moved Unlmown ,200__, at No Answer o'clock __.m.. Defendant NOT FOUND because: Vacant Sworn to and subscribed before ma this ~/ day ~ By C~rrank Federnlan,~F,,/quire - LD. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1g14 (21~ ~63-?000 [. Notarial Seal Lisa M. Greason, Notaw P'-~'.'"~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AURORA LOAN SERVICING : Plaintiff~ : LAWRENCE M. FAILOR, JR. : PENNY S. FAILOR : : Defendant(s). : No. 01-2890 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/18/01 to 3/6/02 (per diem -16.52) TOTAL $100,515.71 ,/ $4,311.72 and Costs $104,827.43 FRANK FEDER~MAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103- i 814 Attorney for Plaintiff Note: Please attach description of property. No. A~L that certain ~ract o~ .!and with the SOUth l~-d~l-!eton TO~,Ship, im~r~n=s =~ ~e~, s!c~= ~ n Lots ~s 2 =~ ~'~ ~=~ s~ of C~- - ~=.___ ~T-~ ~ a ~t ~ ~ .... ~ r~ of Lots ~ -~ ~ div~ AURORA LOAN SERVICING Plaintiff, LAWRENCE M. FAILOI~ JR. PENNY S. FAILOR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-2890 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) AURORA LOAN SERVICING, Plaintiffin the above action, by its attorney. FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,604 COPPER CIRCLE ~ CAI~I J,ql.l~.~pA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAWRENCE M. FAILOR, JR. PENNY S. FAILOR 604 COPPER CIRCLE CARLISLE,PA 17013 1946 A FRY LOOP CARLISLE, PA 17013 604 COPPER CIRCLE CARLISLE,PA 17013 1946 A FRY LOOP CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: LAWRENCE M. FAILOR, JR, PENNY S. FAILOR 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage ofrecord: Name BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO. OF PA Last Known Address (if address cannot be reasonably ascertained, please indicate) 419 STONEHEDGE DRIVE, ST. 2 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Narue Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 604 COPPER CIRCLE CARLISLE,PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburlg, PA 17105 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 thc penalties ell8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 7, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING : Plaintiff, : LAWRENCE M. FAILOR, gR. : PENNY $. FAILOR : : Defendant(s). : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-2890 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owneroccupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Attorney for Plaintiff AURORA LOAN SERVICING : Plaintiff, : LAWRENCE M. FAILOR, JR. : PENNY $. FAILOR : Defendant(s). : TO: LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CARLISLE,PA 17013 CUMBERLAND COUNTY No. 01-2090 December 7, 2001 PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, PA 17013 **THIS FIRM IS`4 DEBT COLLECTOR `4TTEMPTiNG TO COLLECT`4 DEBT `4ND .4NY INFORM`4TION OB?~41NED WILL BE USED FOR TH`4 T PURPOSE. IF YOU H`4 YE PREYIOUSL Y RECEIYED .4 DISCH,4RGE IN B`4NKRUPTCY ,4ND THIS DEBT W`4S NOT RE,4FFIRMED. THIS IS NOT.4ND SHOULD NOT BE CONSTRUED TO BE .4N`4 TTEMPT TO COLLECT,4 DEBT. BL fT ONLY ENFORCEMENT 0F,4 LIEN ,4G.4INST PROPERTY. ** Your house (real estate) at ~ 604 COPPER CIRCLE ~ CARLISI,F?A 17013~ is scheduled to be sold at the Sheriff's Sale on 3/6/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of.100~515.71 obtained by AURORA LOAN SERVICING (the mortgagae) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS .YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {'215) 563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO S~VE YOUR PROPERTY AND YOU HAVE OTHEi~ RIGHTS EVEN IF 'IHE SHERIFF S SALE DOES TAKE PLACE 1. If thc Sheriffs Sale is not stopped, your proper~y will be sold to thc highest bidder. You may find out the price bid by calling (215] 563-7000. 2. You may be able to petition the Court to set aside the sale if thc 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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the proper~y as if the sale never happened. :5. You have the right to remain in thc property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Shariffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 2493166 (800) 990-9108 A~L tha~ certain =tact of .!a~ with the im.~rov~wen=s tb~.~cn --'--' si=uate Scu~h ~M!ddletcn Tc~a~hi~, CuTM~,rlacz~ Co,'nty, Pe-"~.sy!vania. bc,,-~ad and !escr~hed as Follows: BEGGING at a ~oLnt on the Western side of Co~ C~cle, on C~ d~v~L~ l~e ~ n~ ~ - ' ~v~g li~, scuuh 5~ ~ 4' .~nutes ~s~ 15~ f~t =o a ~Ln=: ~nce ~ Lots NOS. 1 ~ 2 ~ ~ Pi~ of L~S, ~h 58 de~es 40 150 f~t to a ~t on t~ ~st~ s~ of C~ c~le; t~nce ~ s~- of C~ C~le, ~ 31 ~s 20 ~e w~= 100 f~= ~TNG Lot No. 2 of Section "D" of the Plan of Lots ~cwn as For~ Road Acres, as rm~ded ~n t/-~ off/ce of t, he ~ecor~e= of Deeds for ¢~m~erlar~ C&%~nty :--n Plat. · ook 22, Page 169; and beina ~.,~u~ with a z-a~c-h st~le ~-~e~l~,,g house. ~ AND ~ NEV~,/~-~.w~, to a]] restrictions, easements, rib. ts of way, and conditions of rec~d. - IT. ~;G =P~ s~e Dr~/ses ;.ahich ~enj~n/_-. j. C~_-man, ky deed of a-;e_n da~__~ a~ a~cut to ~e rmcc~J--ed herewith ~ran~ed and corm _~_d unto Lawrencm M. Fail, or, Jr. FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center al Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICING 601 5TH AVENUE SCOTTSBLUFF, NE 69361 VS. LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CARLISLE, PA 17013 PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, PA 17013 Plaintiff Defendant(s) Attorney for Plaintiff : CUMBERLAND COUNTY ; : COURT OF COMMON PLEAS : CIVIL DMSION : : NO. 01-2890 _. _. : _. _. _. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGKn TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiffand against LAWRENCE M. FAILOR~ JR. and PENNY S. FAILOR Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 4/1/01=6/18/01 $98,636.30 $1~879.41 TOTAL $100,515.71 I hereby certi~ that (I) the addresses of the Plalntiffand Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. **THIS FIRM IS A DEBT COLLECTOR ATrEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPO~F.. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A~'FEMPT TO COLLECT A DEBT, BtrT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. *+ FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING : COURT OF COMMON PLEAS : CIVIL DIVISION vs. : CUMBERLAND COUNTY LAWRENCE M. FAILOR, JR. PENNY S. FAILOR : NO. 01-2890 Defendant (s) TO: LAWRENCE M. FAILOR, JR. 604 COPPER CIRCLE CA~LILSE, PA 17013 FILE COPy DATE OF NOTZCE~ ~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed 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 important 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: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMANAND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICING Plaintiff VS. LAWRENCE M. FAILOR, JR. PENNY S. FAILOR Defendant TO~ PENNY S. FAILOR 1946 A FRY LOOP CARLISLE, PA17013 : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY :NO.01-2890 FILE ,OPY DATE OF NOTICE~ ~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed 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 important 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: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCL4TION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff S}{ERI FF ' S CAsE NO: 2001-02890 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICING VS FAILOR LAWRENCE M JR RETURN - REGULAR DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FAILOR LAWRENCE M JR the DEFENDANT , at 0018:09 HOD-RS, at 604 COPPER CIRCLE CARLISLE, PA 17013 LAWRENCE FAILOR on the 15th day of May by handing to 2001 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this day of Prothonotary So Answers: R. Thomas Kline 05/16/2001 FEDERMAN & PHELAN Deputy Sheriff SHERIFF' S RETURN CASE NO: 2001-02890 p COMMONWEALT}{ OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICING VS FAILOR LAWRENCE M JR - REGULAR DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FAILOR PENNY S the DEFENDANT , at 0020:09 HOURS, at 1946 A FRY LOOP on the 15th day of May , 2001 CARLISLE, PA 17013 DAWN L. FELL by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing ~er attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 19.10 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 05/16/2001 FEDERMAN & PHELAN Deputy Sheriff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Cen~r at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 £215) 563-7OOO AURORA LOAN SERVICING VS. LAWRENCE M. FAILOR~ JR. PENNY S. FAILOR Plaintiff Defendant(s) Attorney for Plaintiff : CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-2890 _VERIFICATION OF NON=MIi.!TARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plainfiffin the above-captioned matter, and that on information and belief, he has knowledge of the following la. ets, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congross of 1940, as amended (b) that defendant LAWRENCE M. FAILOR, JR. is over 18 years of age and resides at 604 COPPER CIRCLE, CARLISLE, PA 17013. (c) that defendant PENNY S. FAILOR is over 18 years of age, and resides at 1946 A FRY LOOP, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) AURORA LOAN SERVICING VS. LAWRENCE M. FAILOR, JR. PENNY $. FA/LOR Plaintiff Defendant(s) : CUMBERLAND COUNTY _. : Court of Common Pleas : CIVIL DIVISION : : NO. 01-2890 .- _. .. Notice is given that a Judgment in the above captioned matter has been entered against you on ~DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRr! Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** SHERIFF'S RETURN - REGULAR CASE NO: 2001-02890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICING VS FAILOR LAWRENCE M JR DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FAILOR LAWRENCE M JR the DEFENDANT , at 0018:09 HOURS, at 604 COPPER CIRCLE CARLISLE, PA 17013 LAWRENCE FAILOR a true and attested copy of COMPLAINT - on the 15th day of May , 2001 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this 2~.~ day of -~ ~2z~! A.D. Prdt~onot~ry So Answers: R. Thomas Kline 05/16/2001 FEDERMAN & PHELAN Deputy Sheriff CASE NO: 2001-02890 p SHER~FF,s RETURN _ REGUI.~ CON~o~EAL TH COUNTy OF OF PENNSYLvANiA: CUMBERLAND VS ~o~' Sheriff or Deputy Sheriff of Cumber/and unty'Pennsylvania, who being duly SWorn according to law, says, the Within ~R~ Was Served Upon ~, at~ HOU . t at ~OOp ~ .,, RS. on the 15_~._th day of Ma he  ~ by handing to a true and att~_= ~ nOT/cE ~==u copy of ~ Sheriff's Costs: ~~ ~ DOcketing Service 6.00 Affidavit 3.10 SUrcharge .00 10.00 Sworn and Subscribed to before me this ~ day of So Answers 05/16/2001 ~ FEDERMAN & PHELAN -=~uuy Sh~ Attorney for Plaintiff FEDERMANAND pHELAN BY: FRAigK FEDERMAN, ESQUIRE identification No. 12248 suite 1400 One Penn Center · coURT OF co~ON pLUS A~O~ LO~ SERVICING p~iNTIFF : : c~BER~ co~TY : · No. LAWRENCE M. FAI~OR, JR. pENNY S. FAILOR TO THE PROTHONOTARY: Kindly substitute the attached VerificatiOn with respeCt to the Complaint filed in the instant matter. Attorney for Plaintiff Date: hereby states thal hc she ~s c~. Vice Preslden, II ,I II ~ ~TAT~ ~ NOo ~8 Writ No. 2001-2890 Civil Aurora Loan Servich~4~ VS. Lawrence M. Failor, Jr. and penny S. Faflor Atty.: Frmak Federman ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Town- ship, cumberland County, PennsyL vania, bounded and described as Follows: BEGINNING at a point on the Western side of Copper Circle, on the dividing line between Lots Nos. 2 and 3 on the hereinafter men- tioned Plan of Lots; thence by said dividing line, south 58 degrees 40 minutes West 150 feet to a point; thence North 31 degrees 20 utes west 100 feet to a point; thence by the dividing line between Lots Nos. I and 2 on said Plan of Lots, North 58 degrees 40 minutes F~st 150 feet to a point on the Western side of Copper circle; thence by the western side of Copper Circle, South 31 degrees 20 minute East 100 feet to the Place of BEGINNING. BEING Lot No. 2 of Section of the plan of Lots known as Forge Read Acres, as recorded in the of- rice of the Recorder of Deeds for Cumberland County in Plan Book 22, Page 169; and being improved with a ranch style dwelling house. UNDER AND SUBJECT NEVER- THELESS, to all restrictions, ease- ments, rights of way, and conditions of record. IT BEING the same premises which Benjamin J. Garman, by deed of even date and about to be record- ed herewith granted and conveyed unto Lawrence M. Failor, Jr. and Penny S. Failor, Mortgagors herein.