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Home My WebLink About06-0939 . McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 v. John Odom. Jr. 1075 Hickory Grove Road Bennettsville, SC 29512 Attorney for Plaintiff Cumberland County Court of Common Pleas Number (') & - Cd q Cu.J(~ CIVIL ACTION/MORTGAGE FORECLOSURE 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 arc served, by entering a written appearance personally or by anorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if yOll fail to do so the case may proceed without you and a judgment may be entered against you by the court without further nolice for any money claimed in the compla,nt 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 LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA, 17013 800-990-9108 A VISO Le han demandado a usted en la corte. Si usted qui ere defendersc de estas demandas ex.puestas en las paginas siguientes. usted tiene veinte (20) dias de plazo al partir de la feeba de la demanda y la notificacion. Haec faha asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a 1a corte en fom13 escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar Ja demanda en contra suya sin previo aviso 0 notificacion. Ademas, 1a corte puede dccidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades U otTOS derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIA T AMENTE. SI USTED NO TIENE A UN ABOGADO, V A A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFlClNA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCI0NAR PARA EMPLEARUN ABOGADO, EST A OFICINAPUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A, 17013 800-990-9108 ~ McCABE, WEISBERG AND CONWAY, P.e. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 Cumberland County Court of Common Pleas v. John Odom, Jr. 1075 Hickory Grove Road Bennettsvil1e, SC 29512 Number CIVIL ACTION/MORTGAGE FORECLOSURE I. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is John adorn, Jr., who is the mortgagor and real owner of the mortgaged property hereinafter described. and his last-known address is 1075 Hickory Grove Road, Bennettsville, SC 29512. 3. On 1110112000, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1650, Page 566. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 97 Old State Road, Gardners, P A 17324. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/06/2005 and each month thereafter are due and unpaid. and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: ~ Principal Balance $ 90,751.62 Interest through 01/09/2006 $ 13,630.60 (Plus $ 30.32 per diem thereafter) Attorney's Fee $ 4,537.58 Corporate Advances $ 394.04 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 109.863.84 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be colJected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale. reasonable attorney's fees will be charged based on work actually performed. 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 P A Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE. Plaintiff demands Judgment against the Defendant in the sum of $109,863.84, together with interest at the rate of $30.32 per diem and other costs and charges colJectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~ /1' --r- ~ CA-o - . /7"7 / .?hA~ TERRENCE J. McC E. ESQUIRE Attorney for Plaintiff ~ VERIFICATION The undersigned, Leslie M. Evans. hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action,_ 1-- e n e.. {.' I C. ( c~ \ (' <0 n:>. ~ i S c.. C Q' and she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.C.S. g4904 relating to unsworn falsification to authorities. ~ ~/~ }1 5' 'Le ie M. Evans L/ II 'I .I I I 711735 D IF BOX IS CHECKED, THIS ADVANCES. THIS MORTGAGE;s made this day 1ST JOHN ODOM. JR., SINGLE I MORTGAGE I MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE " , , of NOVEMBER 20 00 , between the Mortgagor, (herein "Borrower") and Mortgagee BENEF I C I AL CONSUMER DISCOUNT COMPANY 0/ B J A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA a corporation organized and existing under the laws of PENNSYL VAN' A 1150 CARLISLE STREET, HANOVER, PA 17331 (herein "Lender"). , , whose address is The following paragraph preceded by a checked box is applicable, D WHEREAS, Borrower is indebted to Lender in the principal sum of $ 94,375.59 , evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement dated NOVEMBER 1,' 2000 and any extensions or renewals thereof {herein "Note"}, providing for monthly installments of principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on NOVEMBER 1, 2030 ; D WHEREAS, Borrower is indebted to Lender in the principal sum of $ , or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal SUm above and an initial advance of $ TO SECURE to Lender the repayment of (]) the indebtedness evidenced by the Note, wi th interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND fDICKSON TOWNSHIP Comm~nwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF OICKSON IN THE. COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATEO 05/31/2000 ANO RECORDED 06101/2000, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE. IN DEED VOLUME 222 ANO PAGE 383. TAX MAP OR PARCEL 10 NO.: 08-40-2648-066 . \;~ ~ t\.1\ \ . il ~ ,"~ 01-07-00 MTG PA0012S1 1.1~lllmi~I~IIIIII~lnmllllll~~lmn~IIIII~WI N092A24670L95MfG9000PA001281FW"OOOM . FILE COpy -2- TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinaCter referred to as the "Property." Borrower covenants that Borrower is lawfully seised oC the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencum hered, except for encumbrances of record. Borrower covenants that Borrower warrants and will deCend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as Collows; 1. Payment of Principal and Interest at Variable Rates, This mortgage secures all payments of principal and interest due on a variable rate loan. The contract rate oC interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay when due all amounts required by the Note. 2. Funds for Taxes and lnsurance. Subject to applicable law or waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one""twelfth of yearly premium installments for hazard insurance, plus one-twelfth oC yearly premium installments for mortgage insurance, iC any, all as reasonably estimated initially and Crom time to time by Lender on the basis of assessments and bills and reasonable estimates thereot Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. H Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said laxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shaIt give to Borrower, without charge, an annual accounting oC the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security Cor the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the Curure monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they Call due, such excess shall be, a\ Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they Call due, Borrower shan pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full oC all sums secured by this Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereoC, then to interest, and then to the principal. 4, Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shaIt perform all oC Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall payor caUse to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 01-07-00 MTG PA001ZaZ 1IIIIMIIIIIIIUllm~OOlllmwmlm~lnll!MIIU~mml~~~nIIlUIII~liW~~illm .092A2467Dl9S~TG9000PA001282F..ODOM . FilE COpy .~ -3- 5. Hazard Insurance. Borrower shall' keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term" extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold, If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become addi tional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9, Condemnation. The proceeds of any award or claim for damages, director consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Ioint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 01-07-00 MTG PA001283 I IIlllmu 1m ~mlllll!"~IIII"~~IIIIIIIII"II~"~lmll"llIIlll~i "I~I"II m"I~" I~"~ ~092A24670L95MTG900aPA0012B3F.~ODOM . FILE COPY -4- 12. Notice. Except for any notice required under applicable law to be given in another manner, {a} any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address slated herein or to such other address as Lender may designate by notice to Borrower as provided herein, Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federallsw to this Mortgage.ln the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs: "expenses" and" attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy, Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property 16. Transfer of the Property. II Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transler by devise, descent, or by operation 01 law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner 01 the property, (g) a transler resulting Irom a decree 01 dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse 01 the Borrower becomes an owner oC the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transler 01 rights of occupancy in the property, or (i) any other transler or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to besubmilled information required by Lender to evaluate the transCeree as il a new loan were being made to the transferee. Borrower will continue to be obligated under the Note and this Mortgage unless Lender releases Borrower in writing. , If Lender does not agree to such sale or transCer, Lender may declare all 01 the sums secured by this Mortgage to be immediately due and payable, If Lender exercises such option to accelerate, Lender shall mail Borrower notice 01 acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period oC not less than 30 days Crom the date the notice is mailed or delivered within which Borrower may pay the sums declared due.ll Borrower fails to pay such sums prior to the expiration 01 such period, Lender may, without Curther notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NON-UNIFORM COVENANTS. Borrower and Lender Curther covenant and agree as Collows: 17, Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereofspedfying: (I) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure 1'0 cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure, If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare aU of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 01-07-00 MTG PA001284 11I1111111I~11~1~1I1~1I1~~IIiIIIII~lnllijIIUllmlm~III!IIUllil~II~~~ M092A24670L95~TG9000PA001284FMHDDOM . FI LE COPY , -5- 18. Borrower', Right to Reinstate, Notwithstanding lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and pa ya bIe. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, jf any. 21. Waiver of Homestead, Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. ,~,"rrnl', /<:'",: - .~. f;~~:' '0 ~ ...... )..~ ~. ~. j '}~ S' :; . ~ \ : ~g (,).?:': - ~ ~ ~ ,'~ ,.~ ~ ... ',. ," ~ Y~~i~~~'q':.f.'~'.~."'" 01-07-00 MTG PA001285 IMI~glm!III~IIIIIIII.IIII.lllm~~~nD~mll!aD .092A2 46 70l9SMT G90tlOPAO 0 12 85 F)(j(DOCIA . FilE copy I, 'I I '\ i " j! " i j -6- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set Corth on page one oC this Mortgage, of any deCault under the superior encumbrance and of any sale or other foreclosure action. ~~,~".., -Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: Hanover, PA 17331 On behalf of the Lender. By: COMMONWEALTH OF PENNSYL 1150 Carlisle Street Title: Sales Assistant York County 58: I, Richard D. Lewis , a Notary Public in and for said county and state, do hereby certify that John Odom Jr. 5in21e personally known to me to be the same person(s) whose name(s) is subscribed to the foregoing instrument, appeared before me this day.in person, and acknowledge that _ he _ signed and delivered the said instrument as a free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 1st day oC November ii}&L Ridlard D. LewiNotary Public ,2000 . My Commission expires: June 14, 2004 0:;.. ~ Notarial Seal Richard D. Lewis, Notary Public Hanm'cr 8ora, Yort. County My Commission Expiros June 14, 2004 , t-.. This instrument was prepared by: a,~~/~./ Anita L. Hartlaub (Neme) 1150 Carlisle Street Hanover, PA 17331 - . , ,;. '. ~ r. "",;. .' -' ~=- ~-:, ~; ... ..v."...... "',' - , . .t ..... ,. -v (Address) (Space Below This Line Reserved For Lender and Recorder) Return To: Records Processing Services 577 Lamont Road Elmhurst, IL 60126 01 -07-00 MTG PA001Z86 Ilm~llmll~llllm~mmrnll~mIIW~U~lrnll~llRlml~flmlm~H~1 M092A24570l9SMTG9000PAOOl286FMMOOOM FILE copy , C) t-_...") .- , .' ;t-" C..:J .-;t , ~ -., ~-:J ~. r" , ,;-) (\ ~ .<:1 '" . \.A) . " --J -. -'" --.> 4::. ~ - a v\ .. ,-, 0 -<> '" -'> lv, ~.J .~. V\ v .-- " . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. John Odom, Jr. Cumberland County Court of Common Pleas No. 06-939 Civil Term AFFIDAVIT OF SERVICE Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within action, being duly sworn according to law, deposes and says that on March 18, 2006, a true and correct copy of Complaint in Mortgage Foreclosure was served by Certified mail, return receipt requested, upon the following: John adorn, Jr. 1075 Hickory Grove Road Bennettsville, SC 29512 A true and correct copy of the green card, article number 7005 1160 0004 3867 3045, is attached hereto, made a part hereof, and marked Exhibit "A." SWORN TO AND SUBS~RIBED BEFORE ME THIS /-fH1j DAY OF Ap'c:..G/ ; 2006. (:!vu55tkda .Sf\~t !Ioo~'!( NOTARY PUBLIC ., Of r-'ENNSYLVANIA 1 cOMMONWEALri, \ NO_ "RI~~~\~~LNO\ary Public \ I Chnssandra ShlaYde\Hhla phiia. County \ Cil'j 01 Phla ep. 42009. \ M~ c~mm~~~~~~~2~~}~~~~.!-_-~-~. "N"'__ f' " . Complete Items 1, 2, and 3. />Jw complete . nem 4 n Restricted Delivery Is deswd, . . Print your name and address on the rev."", so that we can retum the ceJd to you. , . Attach this ceJd to the back of the mallpJece, or on the front n space pennlts, 1. AttlcleAddlessedto: e Agent Addressee C. Date 0/ Delivery ~-\( ~. . . deliveIy add.... dIfl...m from Item 1? e Yes II YES, enter delivery addJess below; e No -:SOh r\ Ok)YY', J r ) . , 1015 Hic.\4x~.) COmve.. ~. '&.nn~ ++~vj lie I "3Q. ~.51 d 2.AttIoIoNumbsr (/hIIIsfor from ilIMb618be1) PS Form 3811, FebruaIy 2004 a,~~ ~ Mall s.:= Mall o RegIot8I8d ReooIpt f<lI' Malcholld"'" 0_ Mall 0 C.O.D. 4. -DoIIvery'ljE)chFll8) 7005 1160 0004 3867 3045 eYes ~Aolum~ 1111>>.'. ~ II t .:~~~~ . Sender: Please print MoCAIi. WElS8eRGAND CONWAY. POC. FlllST UNION BUIlDING ll3 $OUIH IlIlCW> SJJ/JiEJ SWE2080 ~""M 19109 Cl \11I1/1.1"",11111;.1,1"11I1111,",,11,".111I'"11.1.11,,,1 EXHIBIT "A" ~< CO'j ~." ,.J ";1 - , --1- r;-i c' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J, McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas v. John Odom, Jr. Number 06-939 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 01110/2006 - 04/21/2006 $109,863.84 $ 3,092.64 $112,956.48 TOTAL '/ ~-V{./I.~1 ~ ,;l. /1/1 ~. ('~L~.-- TERRENCE J. McCABE, ESQUIRE AND NOW, this.;7tf1"aay of PPIL~ L ,2005, Judgment is mtered in favor of Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, and against Defendant, John adorn, Jr., and damages are assessed in the amount of $ 112,956.48, plus interest and costs. BY THE PROTHONOTARY: ({h<'r7 , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Nnmber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. John adorn, Jr. Attorney for Plaintiff Cumberland County Court of Common Pleas Number 06-939 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant is 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 Congress of 1940 as amended; and that the Defendant, John adorn, Jr., is over eighteen (\8) years of age and resides at 1075 Hickory Grove Road, Bennettsville, SC 29512. SWORN TO AND SUBSCRIBED )+ BEFORE ME THIS:1--1 DAY OF A-rrol ,2005. .~QffU~() .~ NPtary Public [ji-.. (\,:0, Ct.... 0.'_ I.. ..;' M!,.':;,; ,....,,_"'..'-'!l i :;,'iAXJ.!~ j . ~ , GCiUf~~Y ; ,::HlS 22~'~!.__.J --- /7 1 / / . I ....~/ l/\..--L,/\--"I .......<----- ./. /.1 (' ~ f--/[ ~......-.....-_ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-10]0 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cwnberland County Court of Common Pleas v. John Odom, Jr. Nwnber 06-939 Civil Term CERTIFICATION Terrence J. McCabe, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifYing the Defendant that judgment would be entered against himlher within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED ,,+-- BEFORE ME THIS i-l DAY OF ,kpr, f ,2005. .----- /) - / / I A'./ 'IAI. -1 C-(~ ',1. /h '(~jl.~ TERRENCE J. McCABE, ESQUIRE . Attorney for Plaintiff b ~ 4U~ P . ~CMtU rOTARY PUBLIC , .' . _,' ._:.,.~....-o " VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.C.S. Section 4909 relating to unsworn falsification to authorities. ----. ,;, /' ,.. J -( /1 \(. -:kl ceo l,:/. /111' //......-4 -~_.. TERRENCE J. McCABE, ESQUIRE ." OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary April] 0, 2006 To: John Odom, Jr. 97 Old State Road Gardners, P A ] 7324 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. John adorn, Jr. Number 06-939 Civil T\:rm NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTlFICACION IMPORT ANTE Cumberland CUlmly Bar Association 2 Liherty A venue Carlisle. I'A. 17013 800-990-9108 lJSlED S[ ENClJENTRA EN E$TADO DE REBELDIA POR NO HABER I'RESENTADO UN.A. (OMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADlCADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORt\.lULADOS EN CONTRA SUYD. AL NO TOMAR LA ACCION DEBIDA DENTRO DE O!EZ (10) DIAS DE LA FECHA DE ESTA NOTlrlCACrON, H TRIBUNAL POORA, SIN NECESIDAD DE CQMPARECER USTED EN CORTE U QIR PREUBA ALGUNA, DIeT AR SENTENCIA EN SLJ CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS l!\WORT ANTES. USTED L[ DEBE TOMAR ESTE PAPEL A SU ABOGADO INMED\ATAMENTE. 51 USTED NO T1ENE A UN ABOGADO. VA A 0 TELHONEA LA OFICI'JA EXPUSO ABAJO. ESTA OFI("INA LO PUEDE PRorORClONAR CON INFORMAC'lON ACERC A DE EMPLEAR A UN ABOGADO. 51 USTED NO PUEOE PROPDRCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFIClNA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC[(~)N ACERC A DE LAS .<\GENCIAS QUE PUEDEN OF'RECER LOS SERVICIOS l.EGALES A PERSONAS ELEGIBLES GN UN J-.lOtJORARIO REDUCIDO Nl NINGUN HONORARIO. . b \ l' Cumberland County Bar Association h \ 2 Liberty A venue /,' f \ ' C.dislc. PA, 17013 V': \ \ b. 800-990-9108 J:/! ' VOl' .'\RI: IN DEFAULT Hf:CAUSE yOU I-lAVE fAILED TO ENTER A WRITTl:'N API'EARANCL PERSONAllY OR AY ATTORNEY AND FILE IN WRITING WITII THL COURT YOUR DEFENSES OR OBJ(CTIONS TO THE l'l.AIMS SET FUR'll I Ati.'\INST YOU. UNLESS YOU ACT WITHIN TEN (10) DA YS FROJ\.f TIlE DATE OF THIS NOTJCI:, A JUDGMENT t\.IAY BE ENTERED AGAINST yOU W!Tllmrr A HEARING AND YOUM;\ Y LOSE YOUR PROPERTY OR OTflt]{ IMPORTANT RIGHTS. \"0\.1 SHOULD 'L\KE TIllS j'APER TO YOUR LAWYER ,\1' ONCE. 11' YOlI DO t-iOT HAvr; 1\ I.AW'irR, GO TO OR llJ.EPHONE Tl-H': OFFICE SF!" fORTH [\EI.OW. THIS ()ITICE C\N PROVI\)E YOU WITH INFORMATION '_BOUT IIIRI:-JG.'\ LAWyr.:R. (F YOII CANNur AFFORD TO IIIRE i\ L,\WYER, TIIISOFFlCE M,\ Y BE ABl.E ro I'ROVJI)l.:: yO{ i WITII [NFOIU\1ATION ABOLIT AGENCIES THAT MA Y OfFER U:Gi\J. SI:RVICLS TO ELlGJBLh PERSONS Al A REDUCED FEE OR NO FEE. Terrence J, McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.c. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJM/cmo " OFFICE 01<' THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary April I 0,2006 To: John adorn, .Ir. 1075 Hickory Grove Road Bennettsville, SC 29512 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. John Odom, Jr. Number 06-939 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORT ANT NOTICE NOTlFICACION IMPORT ANTE VOll i\RI~ IN DEFAULT BECAUSE YOU HAVl: fAILt:D TO ENTER A WRITTEN Al'l'tAR/\NCE PERSON/\Ll.Y OR BY ATTORNEY AND FILE IN \VRJT1NG WITt J THE COt IRr YOUR DEFENSES OR OBJECTIONS TO TlJE CI.,-\11\15 SI:T FORTH 1\(;/\IN5T '(Oll. UNLESS YOI! ACT WITHIN TEN (10) DA'{S FROJ\1 TilE Di\T!: OF THIS NOTICE, A JlIDGMENT MAY BE ENTERED '\G/\INST YO!! WITHOUT i\ HEARING AND YOU MA Y LOSE YOUR PROPERTY (lR OTHl',R IMPORTANT RIG] ITS. YOII SllOlll.D lAKF nllS PAPER TO '{OIIR LAWYER AT ONCE. IF 'YOU [)O NOT [lAVE A LA\VYER, Goro OR T[I.EPHONE TI IE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOll WITH INI'ORr<.1ATION ABOUT IIIRING i\ 1.1\\VYER. II-' Y(HI (':\l"N(H AI-'FORDTOHIRL A LAWYER, TIIlSOFI-'H'EMA Y BE ABLE TOPROVlDl-:: YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y Ol-'FER 1.EGAL SERVICES TO EI.1GIBLE PI~RS()NS AT ,REDUCED FEE OR NO FEE. USTED SE E~CUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALME~TE 0 POR ABOGADO Y POR NO HABER RADlC ADO POR ESCRITO l 'ON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECI.AMOS FORMULADOS EN CONTRA SUYQ. At. NO TOMAR LA AcelON DEI31DA DENTRO DE D1EZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACIQN. EL TRIBUNAL PODRA, SIN NECESJDAD DE COMPARECER LISTED EN CORTE U OIR PREUBA ALGUNA, mCTAR SENTENClA EI\: SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS OERECHOS IMPORT ANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEOIATAMENTE. SI USTED NO TIENE A UN ABOO.'\.OO, VA A 0 TELEfONEA LA OFlCINA EXPUSO ABAJO, ESTA OFlCINA La PlIEDE PROPORClONAR CON INFORMACION ACERCA DE EMPLEAR A UN A80G.'\00. SI liSTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOOAOO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORClONARLO CON INFORM..\OON ACERC!\ DE L.AS AGENCIAS QUE PIIEDEN OFRECER LOS SERVIClOS LEGALES A. PERSONAS ELEGlBLES EN UN HONORARIO REDUCIDO NI NINGllN HONORARIO. Cumherland County Bar Association 2 Liberty A venue Carlisle, PA. 17013 XIlIl-990-910X Cumberland County Bar Associalion 2 Liberty Avenue Carlisle. PA, 17013 800-990-910X Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, p,c. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJM/cmo G ~ ~ I'tl =t- ~ ~ 3 ~ ...:( ?0 ~ \) c> \U \) ~ ~ n r--- -- -I.g. -D C> \) --cJ f- t '0_"."' '., '----f-. (..c..' " OFnCE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary To: John Odom, Jr. 1075 Hickory Grove Road Bennettsville, SC 29512 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas v. John Odom, Jr. Number 06-939 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. ~~r Prothonotary -L Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA CIVIL DIVISION FILE NO.: 06-939 Civil Term Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Perm sylvania v. AMOUNT DUE: $112,956.48 John Odom, Jr. INTEREST: $2562.66 from 4/22/06 - 9/6/06 Date of Sale at $18.57 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 97 Old State Road. Gardners. P A 17324 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies oflengthy personalty list) and all other property of the defendant(s) in the possession, custody or control ofthe said garnishee(s). (Indicate) Index this writ against the garnishee( s) as a lis pendens against real estate ofthe defendant( s) described in the attached exhibit. DATE: ~ III / [(( , . ----- .-J "7 /- SIgnature: / ..../(:..-l. -vL- 1--'-1 :::,c- !; _ ,/ I -1 / t, "',,{ '--<-- Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street. Suite 2080 Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 -;cJ ~ I - 0'\ VI 9..J ..:t:: .{,q. }..J 9-..l -. ~ Ii Q -(Q ~ ~ if1 -:-n Cf( T''t:- ~ Cr") \) Vf Q ).) :J- "I t- w \::. \) \: \) tv \) ~ ~ I () - -J f ~ GJ F if - - '" ~ - - (\ -::z () "::c .:::: V'\ ..() \\ -i- r - - ~ ?--> '>.J - - - ~/ ~ ~ - t: -+- \J ~ , . r-- r-> ~ c:::;:) c:::l' "" -- ..... "" :;I:::n ":r"'" rn..-:: -< - ::gB <.1"1 ":J J_ -jS-T~' 5;; ~~~? ~~.; ;:.0:-(11 '-P. .) -I - ~ "'" --------- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-939 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA, Plaintiff (s) From JOHN ODOM, JR. (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (5) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $112,956.48 L.L. $.50 Interest $2,562.66 FROM 4/22/06 - 9/6/06 DATE OF SALE AT $18.57 PER DIEM Atty's Corum % Atty Paid $152.23 Plaintiff Paid Date: MAY 15, 2006 Due Prothy $1.00 Other Costs ~ C~~IS R. LON~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 .' McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 215 790-1010 Beneficial Consumer Discount Company COURT OF COMMON PLEAS d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland COUNTY Plaintiff v. Number 06-939 Civil Term John Odom, Jr. Defendant AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 97 Old State Road, Gardners, P A 17324, a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owner or Reputed Owner: Name Address John Odom, Jr. 1075 Hickory Grove Road Bermettsville, SC 29512 2. Name and address of Defendant in the judgment: Name Address John Odom, Jr. 1075 Hickory Grove Road Bennettsville, SC 29512 ..- 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Columbia National Incorporated P.O. Box 3050 Columbia, MD 21045-6050 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of P A 1150 Carlisle Street Hanover, PAl 7331 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company ofP A 961 Weigel Drive Elmhurst, IL 60126 Attn: Al Spears 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 97 Old State Road, Gardners, PA 17324 .' Domestic Relations Cumberland County Commonwealth of Perm sylvania Commonwealth of Penn sylvania Inheritance Tax Office Commonwealth of Perm sylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service P.O. Box 320 Carlisle, P A 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, P A 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. May II, 2006 DATE ~ ;7 .' / . ;" . ~(:., ~"/"'7 LA- (. /l/l.' /A.. ( ~<-- . TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff (") ,-~ ..,-"'. "" c:> C.,J ",J-' o ""Tl :;:l f;'~ urn :cy :'-~(~J -\~.U ";.C) ~~~l'n 55 -< :;"'" -." U1 ~ ...;ti.. ..0 w , McCABE, WEISBERG AND CONWAY, P.C. - BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 06-939 John Odom, Jr. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: John adorn, Jr. 1075 Hickory Grove Road Bennettsville, SC 29512 Your house (real estate) at 97 Old State Road, Gardners, P A 17324 (Tax Parcel #08-40- 2648-066) , is scheduled to be sold at Sheriffs Sale on September 6, 2006 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $112,956.48 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action; I. The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing ofthe schedule. 7. You may also have other rights and defenses, or ways of getting your real estate 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 .-, t':-:) (,:::;I C)". -- :;:.-'" tJ1 ~ ..... :;I:,::n n..- -0\\1 "Y ?:~C? '''\--'1 'L-n _::?C~ :;5\l. ---,,~\ ~~ ~ ?: ~ '-P. - c...> ------- SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00939 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS ODOM JOHN JR R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ODOM JOHN JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , ODOM JOHN JR 97 OLD STATE ROAD GARDNERS, PA 17324 PER NEIGHBOR, HOUSE VACANT FOR A MONTH. NO FORWARDING AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 15.84 5.00 10.00 .39 49.23 So ~~-=___.. R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 03/10/2006 Sworn and subscribed to before me this JI~ day of ~ ~'"" ~ pr1:o= . 7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00939 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS ODOM JOHN JR R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , OCCUPANT 97 OLD STATE ROAD GARDNERS, PA 17324 PER NEIGHBOR, HOUSE VACANT FOR A MONTH. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21. 00 So ~ swers: ./' ..-----:::...... . ~ ~...~ <"..~ ~ R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 03/10/2006 Sworn and subscribed to before me this 2/~ day of !/Af-l McCABE, WEISBERG AND CONWAY, P.C. .BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 06-939 John Odom, Jr. AFFIDAVIT OF SERVICE 1, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 5th day of July, 2006, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder( s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit '"A". Copies ofthe letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." '--f ~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 5TH DAY OF JULY, 2006. fYVLL~~~ _~~ L'f~_ NOTAR Y PUBLiC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chrissandra Shaye Hamilton, Notary Public City of Philadelphia, Phila. County My Commission ~xpires January 4,2009 McCABE, WEISBERG AND CONWAY, P.e. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, P A 19109 (215 790-1010 Beneficial Consumer Discount Company COURT OF COMMON PLEAS d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland COUNTY Plaintiff v. Number 06-939 Civil Term John Odom, Jr. Defendant AFFIDA VIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for PlaintifT in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 97 Old State Road, Gardners, P A 17324, a copy of the description of said property is attached hereto and marked as Exhibit" A." 1. Name and address of Owner or Reputed Owner: Name Address John Odom, Jr. 1075 Hickory Grove Road Bennettsville, SC 29512 Name Address Exhibit "f\' 2. Name and address of Defendant in the judgment: John Odom, Jr. 1075 Hickory Grove Road Bennettsville, SC 29512 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Address 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Columbia National Incorporated Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of P A Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of P A Address P.O. Box 3050 Columbia, MD 21045-6050 1150 Carlisle Street Hanover, P A 17331 961 Weigel Drive Elmhurst, IL 60126 Attn: Al Spears 5. Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address Exhibit "1>\' 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Address 97 Old State Road, Gardners, P A 17324 Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service P.O. Box 320 Carlisle, P A 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, P A 17105 1400 Spring Garden Street Philadelphia, P A 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, P A 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, P A 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. July 5, 2006 DATE '----( /1^- TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Exhibit "~' McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 06-939 John adorn, Jr. DATE: July 5, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): John adorn, Jr. PROPERTY: 97 Old State Road, Gardners, PA 17324 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 6, 2006, at 10:00 a.m. in thc Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. 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McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorne for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania v. John Odom, Jr. Cumbe land County Court of Common Pleas No. 0 -939 Civil Term AFFIDAVIT OF SERVICE Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within action, being duly sworn according 0 law, deposes and says that on June 29, 2006, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served y Certified mail, return receipt requested, upon the following: John Odom, Jr. 1075 Hickory Grove Road Bennettsville, SC 29512 A true and correct copy of the green card, which was signed by the Defendant's wife, Dorothy, article nu 3803 1474, is attached hereto, made a part 2570 0000 marked Exhibit "A." SWORN TO AND SUBSCRIBED s~ BEFORE ME THIS 6th DAY J. McCabe OF JULY, 2006. !~{)l1'(j) 0 OTARY PUBLIC , Y1t~c4 0 0 () NOTP/~!/il c:;- GLORIA 0 'AI")," \: S""L C't ," 'c/'JELL No'o'y P .1' ..:IYO,PhIJDdelpl'jo p'.;.,'c' UvlC My Com '. '.., 1;,1", Oonly miSSion Expjres June 2, 2007 . 7. 2006 12:28PM '. Cumberland Co. Sheriff . . COIllpIete iIema 1,:z, 8Dda Also complete iIem.41f _ DelIVIlry Is dasI~......, . Print your name Md llddNI8 on lhe ....... so lhat we can rewm lhe card to you. . Attach this card to 1ha back of the mallplece or on the!"""lff ~ 1*"lIlS. 1. k1icle~\O: John Odom, Jr .1075 }j ickory Grove Road BennellcsviUe. SC 29512 2._Nun': fT_fn Ps, Fonn 3811. FobrulIy 2004 D_ O_ C.QKteotDeJ~ o - J..,\ D.lod~ _ntfromIlem1? l:l_ RYES, _dOli..y _ below: lJ No 3. llP"D ~~ 16'ooo1IllocI- CI!xpMOMoI OI'J'''''' 0_~1or_ C 1_ Mall 0 c.o.o. .. _Uwllllliwory7cB<b1geJ o Yes .71l05 2570 liD 0 3&03 1474 . Ilobon llBooIpt ,"'.:< '. .... ''':'' ~. "RE ~1'4 ":,:.: : "::-'''''''1~' ... " ." . '::.~-.~'.~ ga.y,1M1 Exhibit.\~ ~ . ..----.--_.. . (") ~ ~ = c = s:: cro -ace :> :i! fllf!'i c: ~~ 2~l.' Ci? :zr:n- ~2 ~~: ~ ~ r:::c ~i ~f-3 -0 ('):D ::x ~70 >c ~ om -I ~ 0 ?r; -.J -<; -, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Beneficial C D C dba Beneficial Mtg Co of P A is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 15th day of Mav, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 939, at the suit of Beneficial C D C dba Meneficial Mtg Co ofPA against John Odom Jr is duly recorded in Deed Book No. 277, Page 688. IN TESTIMONY WHEREOF, I have hereunto set my hand l/-tR. and seal of said office this L~ day of ~ , A.D.02(t()(; CumbIIIInd County, CarllIII, PA e.-... Fht Monday of Jln.1010 Beneficial Consumer Discount Company VS John Odom, Jr. In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-939 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, deliver to addressee only, notice of the action to the within named defendant, to wit: John Odom, Jr. at his last known address of 1075 Hickory Grove Rd., Bennettesville, SC 29512. This letter was mailed on June 26,2006. The letter was received by John Odom, Jr. on June 29, 2006 and the return receipt card was signed by Dorothy Odom. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on July 7,2006 at 10:50 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John Odom, Jr. located at 97 Old State Road, Gardners, Pennsylvania 17324 according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: John Odom, Jr., by regular mail to his last known address of 1075 Hickory Grove Road, Bennettesville, SC 29512. This letter was mailed under the date of July 14, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 6, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Terrence McCabe for Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania. It being the highest bid and best price received for the same, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania of961 Weigel Drive, P.O. Box 8604, Elmhurst, IL 60126, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $991.31. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary $30.00 17.43 15.00 15.00 30.00 10.00 .50 1.00 Mileage Levy Surcharge Law J oumal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed ~~~~ R. Thomas Kline, Sheriff BYs:l~~ Real Estat S geant 19.36 15.00 20.00 365.00 267.20 19.31 25.00 39.50 $ 889.30 ./ I J /2 '/0(, C).- ~~ 3b ,i)O ~ I. Ck.. ~-:571ff., ~ J j'"I,()fO " \, . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Company COURT OF COMMON PLEAS d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland COUNTY Plaintiff v. Number 06-939 Civil Term John Odom, Jr. Defendant AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 97 Old State Road, Gardners, PA 17324, a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owner or Reputed Owner: Name Address John Odom, Jr. 1075 Hickory Grove Road Bennettsville, SC 29512 2. Name and address of Defendant in the judgment: Name Address John Odom, Jr. 1075 Hickory Grove Road Bennettsville, SC 29512 '" .: .. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Address 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Columbia National Incorporated Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company ofP A Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company ofP A Address P.O. Box 3050 Columbia, MD 21045-6050 1150 Carlisle Street Hanover, P A 17331 961 Weigel Drive Elmhurst, IL 60126 Attn: Al Spears 5. Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Address 97 Old State Road, Gardners, P A 17324 , Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service P.O. Box 320 Carlisle, P A 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, P A 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, P A 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, P A 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. May 11, 2006 DATE -r ~--n ~ 9, //17/ /J~- , TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff 011 :b V b I AVH qOOl \I'd ')ddlli..;.) <..i ,i, I J .JUwIiJ ;J.:JIH3HS 3Hl :30 381.:J.:jO I Mc~ABE, WEISBERG AND CONWAY, P.G. D):: TERRENCE J. McCABE, ESQUIlffi Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Cumberland County Court of Common Pleas vs. Number 06-939 John Odom, Jr. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: John Odorn, Jr. 1075 Hickory Grove Road Bennettsville, SC 29512 Your house (real estate) at 97 Old State Road, Gardners, PA 17324 (Tax Parcel #08-40- 2648-066) , is scheduled to be sold at Sheriffs Sale on September 6, 2006 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $112,956.48 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/ a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYE~ GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 o 11 :b 'V b I A VH qOOl Vd 'AH'i IU,", uN.. !i:UtH'HO .:L7AIH3HS 3Hl .JO 3:JI.:UO WRIT OF EXECUTIO~-and/or ATTACHMENT ~ COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-939 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY DIB/ A BENEFICIAL MORTGAGE COMPANY OF PENNSYL VANIA, Plaintiff (s) From JOHN ODOM, JR. (1) You are directed to levy upon the property of the defendant (s land to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $112,956.48 L.L. $.50 Interest $2,562.66 FROM 4/22/06 - 9/6/06 DATE OF SALE AT $18.57 PER DIEM Atty's Comm % Atty Paid $152.23 Plaintiff Paid Date: MAY 15, 2006 Due Prothy $1.00 Other Costs (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 Real Estate Sale # 44 On May 30,2006 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, P A Known and numbered as 97 Old State Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 30, 2006 By: J td4 Jnu~ Real Estate Sergeant 011 :b 'V b I AVH qnOl \:f I "1;'" . , '1' "",.q I',' V Ci /\ f; II U "I 1..1 I ;'~ j d j a v.d I J .:UIH3HS 3H1 JO 3:)1.:1:10 ~ ~ ~ ~ . 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. 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 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 SALE#44 nVANIA CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 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. o AND SUBSCRIBED before me this day of August. 2006 r NOTARIAL SEAL I LOIS E. SNYDER, Notary Public ~ Carlisle Boro, Cumberland County ! Mv Commission Expires March 5, 2009 LJ." 'JlfII~~ 8AL --..... ML& WOo 44 Writ No. 2006-939 Civil Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. John Odom. Jr. Atty.: Terence McCabe LEGAL DESCRIPTION All that certain tract of land with the improvements thereon erected situate in Dickinson Township. Cumberland County. Pennsylvania. bounded and described. as follows: Beginning at a nail in the center- line of Township Road No. T -522. on the line of land now or formerly of Charles E. Wise; thence along the latter. and through an iron pin set 13.80 feet from the said centerline. North 54 degrees 43 minutes 55 seconds West. a distance of 206.75 feet to an iron pipe on the line of land now or formerly of Steve M. Ondek; thence along the latter. North 44 degrees 43 minutes 22 seconds East. a distance of 131.43 feet to an iron pin on the line of land now or formerly of Margie Paxton; thence along the latter and through an iron pin set 15.87 feet from the centerline of T -522. South 45 degrees 48 min- utes 40 seconds East, a distance of 189.04 feet to a na1lin the centerline of the said T-522; thence along the latter. South 36 degrees 10 minutes 34 seconds West. a distance of 100.34 feet to a nail, the Place of Beginning. Containing .5233 acres and be- ing described according to a survey by Eugene A. Hockensmith, R.E., dated August II, 1977 and being improved with an existing house and outbuildings. BEING KNOWN AS 97 Old State Road. Gardners. PA 17324. Being the same premises which Gary R. Emlet and Debra 1. Emlet. by deed dated the 5/31/2000. and recorded 6/1 /2000 in the Office of the Recorder in and for Cumberland County In Deed Book 222, Page 383, granted and conveyed to John Odom, Jr., in fee. TAX MAP PARCEL NUMBER.: 08- 40-2648-066.