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HomeMy WebLinkAbout02-5087McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 Cumberland County Court of Common Pleas V. John A. Mentzer, Jr. 415 Potato Rd. Carlisle, PA 17013 Number Oa - 500 CU .C? CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO 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. Le hail demandado a usted en la torte. Si usted quiere defenderse de estas demandas ex-puestas en ]as paginas siguientes, usted tiene veinte (20) dial de plazo at partir de la fecha de ]a demands y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a ]a torte en forma escrita sus defensas o sus objeeiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar Is demands en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas has provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 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 Co. of Pennsylvania 961 Weigel Drive P.O. Box 8621 Elmhurst, IL 60126 Attorney for Plaintiff Cumberland County Court of Common Pleas V. John A. Mentzer, Jr. 415 Potato Rd. Carlisle, PA 17013 Number 0 Z S6407 el U CIVIL ACTION/MORTGAGE FORECLOSURE I. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania, a corporation duly organized under the laws of Pennsylvania and doing business at the above captioned address. The Defendant is John A. Mentzer, Jr., who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 415 Potato Rd., Carlisle, PA 17013. On 07/03/2000, 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 1623, Page 359. 4. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 429 Potatoe Rd., Carlisle, PA 17013. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/03/2002 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 $ 27,826.86 Interest 02/03/2002 through 08/16/2002 $ 6,690.81 (Plus $ 11.47 per diem thereafter) Attorney's Fee $ 1,500.00 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 36,567.67 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to 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 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendantby regular and certified mail. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $36,567.67, together with interest at the rate of $11.47 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TE NCE J. McCABE, ES I E ?t Attorney for Plaintiff i VERIFICATION The undersigned, Bernie Miller, hereby certifies that he is the Foreclosure Specialist of the Plaintiff in the within action, an that siie is auLnorized 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 PA.C.S. 94904 relating to unsworn falsification to authorities. Bernie Miller /7s° a- -4? • 7?1715•"OG •5aoyaay O IF BOX IS CHECKED, THIS ADVANCES. THIS MORTGAGE is made this MORTGAGE MORTGAGE"1S AN; OPEN-END MORTGAGE AND SECURES FUTURE 20 00 , between the Mortgagor, BENEFICIAL MORTGAGE CO OF PENNSYLVANIA - a corporation organized and existing under the, aws o PENNSYLVANIA , whose a dress is 419 STONEHEDGE DRIVE, SUITE 2, CARLISLE, PA 17013 herein "L.ender" . The following paragraph preceded by a checked box is applicable. WHEREAS, Borrower is indebted to Lender in the principal sum of $ 29.321 .67 evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement dated JULY 3, 2000 and any extensions or renewals thereof (herein "Note"), providing for monthly installments o 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 JUL Y 3, 2015 EJ 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 (1) the indebtedness evidenced by the Note, with 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 Commonwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THETOWNSHIP OF UPPER FRANKFORD IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 1012111998 AND RECORDED 1012611998, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 187 AND PAGE 896. TAX MAP OR PARCEL IU NO.: 43-06-0029-013 01-07-00 MTG 0 O L r Ul 3 'I?IN???IIIIhYllO?l?l?lll?l???lll?l?l??l????l??ll?l??lll? "M06638772P99MTG9000PA0012810-'KNTZEa " ORIGINAL co f"" rr. 1 i' r .... _EmK1623racc-359 - - - c7 c ? M A W n tl rn o to ? m D o _? Z U 'D l7 ' p c v ?6[2at z m c? -? m m a ?? /I GX? J -2- _ TOGEI•HER 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 hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend 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 fol lows: 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 of 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 Insurance. 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 developrtient assessments; if any) i l@ fi may a`ftain`priorityy over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender ore the basis of assessments and bills and reasonable estimates thereof. 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 it such holder is an institutional lender. If 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 taxes, 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 shall give to Borrower, without charge, an annual accounting of 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 for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future 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 fall due, such excess shall be, at 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 fall due, Borrower shall pay to bender any amount nxxssary_to_make up_the.deficiency_in_one or_more.payments?- ?as Lender may require. - Upon payment in full of 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 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of 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 pay or 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 PA001282 C,."M06638772P99MTG9000PA0017820""MENTZER e • ORI GIWtI ,.._;. n PoK1623rw 360 -3- 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included require. within the term "extended coverage," and such other hazards as Lender may . 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 ordeterioration 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 to 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 additional 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, direct or 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; Joint 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. 01-0)-00 MTG PA007283 06638tr?777P99MTG9000PA:012930"MAENT2ER ? ORIGINAL s001 1623 Fact 361 -4- i 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 Addressor 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 stated 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 Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," expenses" and "attorneys' tees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shal I 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 rehpbilitation,;improv_ement,, repair„ortother.loan agreement, which-Borrower enters,intu 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. If 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 transfer by devise, descent, or by operation of law upon the death of a pint 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 of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Burrower becomes an owner of 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 transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to besubmitted information required by Lender to evaluate the transferee as if 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. It Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender, may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. _ _NON,_UNIFORMCOUENANTS_BorrowerandLender. further covenant andagree asfollows: -'-? --- -- - - 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 hereof specify ing:(1)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 to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale'ut the Property. The notice shall further iufbrm 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 all of the sums secured by this Mortgage to be immediately due and payable without Iurther 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. O1-07-00 MTG PAD012a4 I?d?IBlq®®q1®N??Iq?ll???gq®IgIII?V61?ll??llgq?l?ll 01A06638777P99WT09000PA0012640-VENTZEP • ORIGINAL :'f ?,:;i ;r?jti'n" BGOK62A3fi1CE 362 -5- 18. Borrower's 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 payable. 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; if. 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. 01-07-00 MTG rS,NC l.. i A106638772P99MTG9000PAOOt2950""MENTZER ORIGINAL PA623ract-363----._____ _. PA001285 -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 forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. John A. Mentzer, Jr. -Borrower -Borrower I hereby certify that the precise address of the Lender (Mortgagee) is: 419 Stonehedge Dr. • spite 2 Carlisle, PA 17013 On behalf or the Lender. By: Title: Branch Service Manager COMMONWEALTH OF PENNSYLVANIA, Curtis A. Werner County m. Cumberland 1, Bonnie S. Sowers , a Notary Public in and for said county and state, do hereby certify that 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 his - free voluntary act, for the uses and purposes therein act forth. Given under my hand and official seal, this 3rd day of _..Zuly My Commission expires: Nolerlal Seal Sonde S. Sowers, Notary Putflc A M anchester Twp.. York County - Commlsslon EY4*es May 17, 2004 Member, Penn"rhaAssooatonolNolmnes Notary Public a in rument was prepared by: Beneficial Consumer Discount Company d/b Beneficial Mortz e Go. aRe U0, of Pennsylvania 419 Stonebedge Dr.; Suite 2 Carlisle, PA 17013 VnIUIML C .?;.•? ;:,;. . _ Boo?1623race•?364 .- ,t ALL THAT CERTAIN lot of ground situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the centerline of Township Road No. T-439 at line of land now or formerly of Paul F. Jumper, et ux; thence by the same North 77 degrees 20 minutes East 58 feet, more or less, to a point at the low water mark of the Conodoguinci Creek; thence by the same South 21 degrees East 85.5 feet, more or less, to a point at line now or formerly of Robert Moffit, et ux; thence by the same South 83 degrees 40 minutes West 69 feet, more or less, to a point in the centerline of said road; thence by the same North 12 degrees 40 minutes West 101.5 feet, more or less, to a point, the place of. BEGINNING. w O b SHERIFF'S RETURN - REGULAR CASE NO: 2002-05087 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MENTZER JOHN A JR DAWN 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 the MENTZER JOHN A JR DEFENDANT , at 1009:00 HOURS, on the 8th day of November , 2002 at 429 POTATO ROAD CARLISLE, PA 17013 by handing to JOHN A MENTZER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments 415 POTATO ROAD IS VACANT. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00- 39.04 Sworn and Subscribed to before me this aL day of So Answers: .ep 5elo?- R. Thomas Kline 11/12/2002 MCCABE WEISBERG CONWAY By. Da),,.rn L Deputy Sheriff Ycue Gc? acs A. D. Prothonotary 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 Co CUMBERLAND COUNTY d/b/a Beneficial Mortgage Cc of PA : v. COURT OF COMMON PLEAS John A. Mentzer, Jr. Number 02-5087 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 $ 36,567.67 Interest from 8/17/02-2/6/03 $ 1,984.31 TOTAL $ 38,551.98 _t.?o , qlfio& 0 ?? TERAENC J. M AB , ESQUIRE AND NOW, this Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Cc of PA and against Defendant John A. Mentzer, Jr. and damages are assessed in the amount of $38,551.98, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co CUMBERLAND COUNTY d/b/a Beneficial Mortgage Cc of PA COURT OF COMMON PLEAS V. John A. Mentzer, Jr. Number 02-5087 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA 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 Defendants, John A. Mentzer, Jr., is over eighteen (18) years of age, and resides at 429 Potato Road, Carlisle, PA 17013. TERRE E J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 6T" DAY OF FEBRUARY, 2003. A( ? , u-? NOTARY PUBLIC NO .' Nk 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 Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of PA V. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS John A. Mentzer, Jr. Number 02-5087 Civil Term CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to is to be entered and to the attorn default occurred and at least ten the filing of the Praecipe. A true pursuant to Pennsylvania Rule of attached hereto and marked Exhibit SWORN TO AND SUBSCRIBED BEFORE ME THIS 6TH DAY OF FEBRUARY, 2003. NOTARY PUBLIC U hli L the party against whom judgment ey of record, if any, after the (10) days prior to the date of and correct copy of the notice Civil Procedure No. 237.1 is A„ ?. 0 TERRE E J. 4cCABE, ESQUIRE Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: John A. Mentzer, Jr. 429 Potato Road Carlisle, PA 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania VS. John A. Mentzer, Jr. Cumberland County Court of Common Pleas December 3, 2002 Number 02-5087 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other 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 Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 TJM/cc NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber presentado una comparecencia escrita, ya sea personalmente o por abogado y por no haber radicado por escrito con este Tribunal sus defenses u objeciones a los reclamos formulados en contra suyo. Al no tomar la accion debida dentro de diez (10) dial de la fecha de esta notificacion, el Tribunal podra, sin necesidad de comparecer usted en corte u oir preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notificacion a un abogado imnediatamente. Si usted no tiene abogado, o si no tiene dinero suficiente pare tal servicio, vaya en persona o Ilame por telefono a la oficina, nombrada para averiguar si puede conseguir asistencia legal. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800.990-9108 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 EXHIBIT "A' 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 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE 2d p -6%. -0 C? ?- C_ C , C' w d U'i - OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: John A. Mentzer, Jr. 429 Potato Road Carlisle, PA 17013 Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Cc of PA V. John A. Mentzer, Jr. NOTICE CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 02-5087 Civil Term Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated elow. Curtis R. Long Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, Esauire at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Beneficial Consumer Discount Cc FILE NO.: 02-5087 d/b/a Beneficial Mortgage Cc of PA AMOUNT DUE: $38,551.98 V. INTEREST: from 2/7/03-6/11/03 $784.92 at 6.33% John A. Mentzer, Jr. 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) 429 Potato Road, Carlisle, PA 17013 (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 of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: February 6, 2003 J // hIly-4 x., Signature: Print Name: TERRE CE J. cCABE, QUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 q-? !f VI? C a C cs D? T ? ? ' = y ? f WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5087 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT CO DB/A BENEFICIAL MORTGAGE CO OF PA, Plaintiff (s) From JOHN A. MENTZER, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $38,551.98 L.L. $.50 Interest FROM 2/7/03 - 6/11/03 $784.92 AT 6.33 % Atty's Comm % Due Prothy $1.00 Atty Paid $116.04 Plaintiff Paid Date: MARCH 10, 2003 (Seal) 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 Other Costs CURTIS R. LONG Prothonotary By: Deputy McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Beneficial Consumer Discount Co CUMBERLAND COUNTY d/b/a Beneficial Mortgage Cc of PA : COURT OF COMMON PLEAS V. John A. Mentzer, Jr. Number 02-5087 Civil Term 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 429 Potato Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address John A. Mentzer, Jr. 429 Potato Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address John A. Mentzer, Jr 429 Potato Road Carlisle, PA 17013 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. Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. 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(s)/Occupant(s) Address 429 Potato Road Carlisle, PA 17013 Domestic Relations Commonwealth of Pa Cumberland County P.O. Box 320 Carlisle, PA 17015 Department of Welfare P.O. Box 2675 Harrisburg, 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 the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. February 6, 2003 C DATE TERREN E cCABE, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN lot of ground site in Upper Feat Mord Township, bland County, Pem tWhmma, more pmtQdarly bounded and deswbM as follows. BRGMMG at a POW in the oe dm ine of T xp Road No. T-439 A tine of land now or fonnedly of Fmd F. the low AnWa, mmd? theam of ft by the Mw North 77 dcVm 20 mhow Em 5g ? more or less, to n poimt at YvaW Cottodoguinci Cam; theam by the same South 21 degrees East 85.5 feet, mote or less, to a point at lino saw or fome* of Robert MOM, et tVI, the= by the same South 83 degrees 40 mimstes We# 69 :feet, mode or less, to a poo* W 60 ceniedine of said North 12 ftra s 40 minutes West 101.5 feet, more or kss, to a pakK the plxx of?GRdmw by the iMG, sastaee BEING known as 429 Potato Road, Carlisle, PA 17013. Being the same premises which John A. Mentzer, Jr. and Robin L. Mentzer, husband and wife, by deed dated the 218t day of October 1998, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 187, Page 896, granted and conveyed to John A. Mentzer, Jr., in fee. TAX MAP PARCEL NUMBER: 43-06-0029-013 EXHIB17A "A' L?,' . C_ ?:; -• ; c :. ,. , t;, c c.:? f :?.: _-- (- '` ? ? . . ' :..J ? (1? d 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 Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of PA V. John A. Mentzer, Jr. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 02-5087 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: John A. Mentzer, Jr. 429 Potato Road Carlisle, PA 17013 Your house (real estate) at 429 Potato Road, Carlisle, PA 17013, more fully described as attached) is scheduled to be sold at Sheriff's Sale on JUNE 11, 2003 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 $38,551.98 obtained by Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Co, d/b/a Beneficial Mortgage Co of PA 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 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 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 LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ?_ --?-_ ?-, ?___ -?' c? ?- ?' ?. `_ Es, -,. 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 Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of PA V. John A. Mentzer, Jr. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 02-5087 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 15th DAY OF APRIL, 2003, a true and correct copy of the Notice of Sheriff's 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 of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." TERRENC J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 15th DAY OF APRIL, 2003. NOTARY PUBLIC A. me 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 Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of PA Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. John A. Mentzer, Jr. Number 02-5087 Civil Term AMENDED 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 429 Potato Road, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address John A. Mentzer, Jr. 429 Potato Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address John A. Mentzer, Jr. 429 Potato Road Carlisle, PA 17013 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 Beneficial CDC, d/b/a Beneficial Mortgage Co of PA Cumberland County Adult Probation 419 Stonehedge Dr Ste 2 Carlisle,Pa 17013 And P.O. Box 8621 Elmhurst, IL 60126 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Beneficial CDC, d/b/a Beneficial Mortgage Co of PA 419 Stonehedge Dr Ste 2 Carlisle,Pa 17013 And P.O. Box 8621 Elmhurst, IL 60126 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. 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(s)/Occupant(s) Address 429 Potato Road Carlisle, PA 17013 Domestic Relations Commonwealth of Pa Cumberland County P.O. Box 320 Carlisle, PA 17015 Department of Welfare P.O. Box 2675 Harrisburg, 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 the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. April 15, 2003 r? I DATE TERRE E J. McCABE, ESQUIRE Attorney for Plaintiff 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 Beneficial Consumer Discount Co d/b/a Beneficial Mortgage Co of PA V. John A. Mentzer, Jr. DATE: April 15, 2003 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 02-5087 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): John A. Mentzer, Jr. PROPERTY: 429 Potato Road, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on June 11, 2003 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. 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. 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. w co V V C m c N O O 3 v m f O O m 3 r 1 Ln A W N O CD OD V CD Ln A W N m p Z 3 t 3 cl 3 C bd ? ? m ?, ? cu C a .r m ? C D Ct N T a N-n_ ? wN? (D i t O Ta " ! c ti=?T 9 Co. 1 m O Ca cZ m TavO?? $ Z OmZ? ?g m v Go -• =20 g ,°o rn 0 w n 0 0000[ x ro tj n n ro n d n H non tzjrotbty ' n co$t ,ww R- m 0) • m O 90 • 1? O 0 N (D A? ? I- • (D (D PL) rr N (D (D m . m K 0-.0 F1 K O F1 K kO ? Kn I- 'O O?? (D (D K(D%D 0:j ,-- (D (D a ? ° a ?o ? m K A? N K O N • m N- m (n N w P. to 0 E-'•r_ (D ? 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Los $?UZ ? n??'$ zz o Evisoa•s•n L stt m m° ps?3$' ??ONy ® ''p r -n y 3 Way , m2 m3?$ ?iQa ; -n n m m m v C ;u O v CD Q Q_ i5 me cmo A am ( ( I-\\C.'? ( Uf f y 1 \c.. i ?. l ? D A c`Z' C _ X' MCCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS V. JOHN A. MENTZER, JR NUMBER 2002-5087 PETITION TO ALLOW SERVICE ON THE DEFENDANT BY REGULAR MAIL CERTIFIED MAIL AND POSTING PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to serve a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John A. Mentzer, Jr., at the Defendant's last-known address and mortgaged premises known as 429 Potato Road, Carlisle, PA 17013. However, the Sheriff's office, advised that they were unable to serve the Defendant, John A. Mentzer, Jr., as there was no answer after twelve attempts. A true and correct copy of the Sheriff's Return of Service form indicating the same is attached hereto and marked as Exhibit "A." 2. Plaintiff searched for a forwarding address for Defendant. The Post Master advised that the Defendant, John A. Mentzer, Jr. has not filed a change of address from 429 Potato Road, Carlisle, PA 17013. A copy of the Affidavit of Good Faith Investigation indicating the same, is attached hereto, and marked Exhibit "B." 3. Plaintiff has checked the Local Telephone Directory and 411 Assistance for an address for the Defendant, John A. Mentzer, Jr. There is a listing for a John Mentzer, of 262 Arch Street, Carlisle, PA 17013 with a telephone number of 717-243-4701. Mrs. Mentzer stated that her son lives on Potato Road. A copy of the Affidavit of Good Faith Investigation indicating the same is attached hereto, and marked Exhibit "B." 4. Plaintiff has attempted to make inquiry with neighbors of the Defendant, John A. Mentzer, Jr.. Donald Nelson, of 417 Potato Road, Carlisle, PA 17013 with a telephone number of 717- 776-0032 and Rick Mentzer of 419 Potato Road, Carlisle, PA 17013 with a telephone number of 717-776-7731 were contacted. However, Plaintiff left messages but received no response. A copy of the Affidavit of Good Faith Investigation indicating the same is attached hereto, and marked Exhibit "B." 5. Plaintiff has made inquiry with the local tax bureau for an address for the Defendant, John A. Mentzer, Jr. The tax office has a mailing address of 429 Potato Road, Carlisle, PA 17013. A copy of the Affidavit of Good Faith Investigation indicating the same, is attached hereto and marked Exhibit "B." 6. Plaintiff has made inquiry with the Social Security Administration and was advised that there are no death records for the Defendant, John A. Mentzer, Jr., under his social security number. A copy of the Affidavit of Good Faith Investigation, indicating the same, is attached hereto and marked Exhibit "B." 7. Plaintiff has investigated the Defendant's voter Registration Records for an address for the Defendant. However, Plaintiff was advised that the Defendant, John A. Mentzer is not registered to voter. A copy of the Affidavit of Good Faith Investigation, indicating the same is attached hereto and marked Exhibit "B." 8. If service cannot be made on the Defendant, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John A. Mentzer, Jr., by regular mail, certified mail, return receipt requested and further by posting of the same at the mortgaged premise known as 429 Potato Road, Carlisle, PA 17013. 'PER ENCE J. MCC BE, ESQUIRE MCCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. JOHN A. MENTZER, JR NUMBER 2002-5087 MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. TERRENCE J. McCABE, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BENEFICIAL CONSUMER DISCOUNT : CUMBERLAND COUNTY COMPANY, d/b/a BENEFICIAL : COURT OF COMMON PLEAS MORTGAGE CO. OF PA V. JOHN A. MENTZER, JR NUMBER 2002-5087 CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion for Alternative Service Pursuant to Pa.R.C.P. 430, by United States Mail, first class, postage prepaid, on the 6T" day of June, 2003, upon the following: John A. Mentzer, Jr. 429 Potato Road Carlisle, PA 17013 : Q'A , TERRE CE J. McCABE, SQUIRE 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 PA.C.S. §4904 relating to unsworn falsification to authorities. TER CE J. MCCABE, SQUIRE *? i-7q,?y Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co. of PA VS John A. Mentzer, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5087 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: John A. - Mentzer, Jr., but was unable-to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, John A. Mentzer, Jr. Twelve attempts at service were made, but Deputies were unable to locate anyone at given address. Post office does not have any forwarding information on file for the defendant. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2003 at 7:00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John A. Mentzer, Jr. located at 429 Potato Road, Carlisle, Pennsylvania, according to law. Sworn and subscribed to before me This day of 2003, A.D. Prothonotary So Answe R. Thomas Kline, BYI,L Real Estate D puty ' EXHIBIT 'A LARRY DEL VECCHIO PROCESS SERVER FOR MCCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINISTER, PA 19874 (215) 442-5668 (215) 442-9727 FAX Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania COURT L COMMON PLEAS CUMBERLAND COUNTY VS. _ JOHN A. MENTZER, JR NO. 02-5087-CIVIL TERM LAST KNOWN ADDRESS: 429 Potato Road, Carlisle, PA 17013 LOAN NUMBER: 5-1502PA AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT S I hereby certify that on May 12, 2003, a good faith effort was made to discover the correct address of said defendant (s), by: I. Inquiry of Postal authority; Postal authority states defendant is good as addressed at 429 Potato Rd. 2. Examination of local telephone directories and 411 assistance; John Mentzer, 262 Arch St., (717) 243-4701, Mrs. Mentzer stated her son lives on Potato Rd. 3. Neighbor Contacts: Donald Nelson, 417 Potato Rd., (717) 776-0032, left messages with no response. Rick Mentzer, 419 Potato Rd., (717) 776-7731, left messages with no response 4. Tax Information: - Tax office has mailing address same as 429 Potato Rd. 5. Death Records: - Social Security has no death records for the defendant under his SSN. 6. Voter Registration: - The defendant isn't registered. I certify that this information is true and correct to the best of my knowledge, ' rrmtion and belief. BY: NOTARY PUBLIC: Larry Del Vecchio, Process Server ?UIIi?1?IGM? III?rC0111f1Y t?6N011DfPiREB F?.29, EXHIBIT "B„ Sworn to and described before me this Y P.O. BOX 3221 WARMINSTER, PA. 18974 Postmaster Carlisle, PA 17013 May 12, 2003 (215) 442-5668 FAX (215) 442-9727 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: jOh_ja A. er, Jr. n ??eBB ????UUAA//DD?a-- Address: 0 429 o tato id. W? Pmmviding arlis , A 17013 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (I) and (2) and corresponding Administrative Support manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for McCabe, Weisberg & Conway, P.C. 3. The names of all known parties to this litigation: Beneficial CDC v. John A. Mentzer, Jr. 4. The court in which the case has been or will be heard: Cumberland County, PA, Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 02-5087 Civil Term 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000.00 OR INPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION LARRY DEL VECCHIO P.O. Box 3221 For McCabe, Weisberg & Conway, P.C. Warminster, PA. ] 8974 NO CHANGE OF ADDRESS ORDER ON FILE NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL SMEET ADDRESS: POST LARRY DEL VECCHIO PROCESS SERVER FOR MCCABE, WEISBERG & CONWAY, P.C. EXHIBIT "B" JUN 1 1 2ooV MCCABE, PEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. JOHN A. MENTZER, JR NUMBER 2002-5087 O R D E R AND NOW, this It day of ,? vskp-- , 2003, the Plaintiff is granted leave to serve a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John A. Mentzer, Jr., by regular mail, certified mail, return receipt requested; and further by posting the same by the Sheriff of Cumberland County at the mortgaged premises known as 429 ?(,?/??_ Potato Road, Carlisle, PA 17013) C kLQ 11tA44 ikj 0(9 O'f??C)L 44-1 AQ- i Lllz? c OV\w /?) ?/ V f)V ?/ flil Jl?lV?l? G v :7 ? ? i ?znr co 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 BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE CO. OF PA Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. JOHN A. MENTZER, JR. NUMBER 2002-5087 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on June 16, 2003, per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John A. Mentzer, Jr., by regular mail and certified mail, return receipt requested, addressed to 429 Potato Road, Carlisle, PA 17013. True and correct copies of the letter, certified return receipt, and certificate of mailing are attached hereto, made a part hereof, and marked as Exhibit "A ." 3. That on June 23, 2003, in accordance with the attached Court order, per Sheriff's Return, Plaintiff served a true and correct copy of the Notice of Sheriff's Sale of Real Property upon the Defendant, John A. Mentzer, Jr., by posting the same at the mortgaged premises known as 429 Potato Road, Carlisle, PA 17013. A True and correct copy of Sheriff's Return of Service form indicating the same, is attached hereto, made a part hereof, and marked as Exhibit "B" 4. That, on June 27, 2003, in accordance with the attached Court Order, Notice of Sale was published in the Cumberland County designated legal paper, Pursuant to Pa.R.C.P. 3129(d). A true and correct copy of the same is attached hereto and marked Exhibit "C" ?&? J. A ERRENCE J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 16th DAY OF JULY 2003 .Q.fill./1t ?,?np NOTARY PUBLIC NOTAR'AL S VkL CL ORIA D. WTCH;:Il, Noiry Putiic City cf Phiiadelphia, Ph0a Cou My Ccrmissim Expires June 2,ntyty 2007 McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. MCCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO OF PA V. JOHN A. MENTZER, JR JUN 1 1 2003 N Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS NUMBER 2002-5087 O R D E R AND NOW, this day of J Lf-"-0 , 2003, the Plaintiff is granted leave to serve a true and correct copy of s s the Notice of Sheriff's Sale of Real Property upon the Defendant, John A. Mentzer, Jr., by regular mail, certified mail, return receipt requested; and further by posting the same by the Sheriff of Cumberland County at the mortgaged premises known as 429 Potato Road, Carlisle, PA 17013 O-n& bul (]11?1?511? l r?E ?SOTICC 0SCe 14 t6e Cum r-KIO-4S Q CaW :)ouatcol. BY THE COURT: -A -Aaw2q? J. TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand and the seal of said Court al Carlisle, Pa. Th s .......1..... ay of..,'l1. rothonotary TERRENCE J. McCABE LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 600 FIRST UNION BUILDING 216 HADDON AVENUE 123 SOUTH BROAD STREET WESTMONT, NJ 08108 PHILADELPHIA, PENNSYLVANIA 19109 (856) 858-7080 (215) 790-1010 FAX (856) 858-7020 FAX (215) 790-1274 SUITE 1503 52 VANDERBILT AVENUE NEW YORK, NY 10017 (212) 697-0011 FAX (212) 953-0986 June 16, 2003 John A. Mentzer, Jr 429 Potato Road Carlisle, PA 17013 RE: Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co. of PA v. John A. Mentzer, Jr. Cumberland County, Court of Common Pleas, Number 2002-5087 Dear John A. Mentzer, Jr. : Enclosed please find Notice of Sheriffs Sale of Real Property relative to the above- captioned matter. Very truly yours, TERRENCE J. McCABE TJM/st Enclosure " r SENT VIA REGULAR MAIL AND CERTIFIED MAIL NO. 7002-0860-0006-8247-8532 RETURN RECEIPT REQUESTED n, l m m m M1 ni N .n O O O O .0 co O N O O M1 ??? IUE 108 !UE 117 :6 9 N 0 W V V c fpm w 0 °o 0 9 E S i F O m 0 w 0 r -? -- 1 j cm ao w 7 a a w n? -. } 1? m 3 N D m v z m c n3 Q ? m ?r mQ i i nnnno ?O 5 m $° m ° z m d ? , ?nnn m J ;,J n ! O Nm Amm 3 a v S ( i i L. Dn m E ala?m m o° 8 3 m sm???? m 4 6 g 3 9 '6'$ ( $ a Ilk `; ? ? mG o mm V ` i .a 6m a S O 4 m 4j&a ?gm $aam m5 ro y X c XD 53 S N3 65 ? _.a m^ m ?? 5? ? m m 6m m ?? f 11 ? ? 8% NP o o ?uy G' Q A c0 ?m ON Dm? ?e m gi aI IIV f}r 1011 i ( m0 ? g m a ?'3 OLbL 2299 ? ?mo m i m iW-az a 3 ? m a `£0 9L Nnr S bhOt 006' 00 m _ .8 ? Od"5'(1 LbbL ? ° ? LLSZ£ZZBd 39tl1S Tp r .'g3 S i n p j ?6? m 1 m i AMENDED Beneficial Consumer Discount Co. d/b/a In The Court of Common Pleas of Beneficial Mortgage Co. of PA Cumberland County, Pennsylvania VS Writ No. 2002-5087 Civil Term John A. Mentzer, Jr. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: John A. Mentzer, Jr., but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, John A. Mentzer, Jr. Twelve attempts at service were made, but Deputies were unable to locate anyone at given address. Post office does not have any forwarding information on file for the defendant. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2003 at 7:00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John A. Mentzer, Jr. located at 429 Potato Road, Carlisle, Pennsylvania, according to laws= Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2003 at 12:55 o'clock PM, he served the within named defendant, John A. Mentzer pursuant to a court order, by posting the premises located at his last known address of 429 Potato Road, Carlisle, PA 17013 with a true correct copy of the Real Estate Writ, Notice of Sale, Description and Poster, according to law. Sworn and subscribed to before me This day of 2003, A.D. - Prothonotary So eAAn s: R t?ri?z- BY C Real Estate Deputy _! T"B" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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, 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. WORN TO AND 7 day of before me this CUMBERLAND LAW JOURNAL NOTICE Cumberland County Court of Common Pleas Number 02-5087 Civil Term Beneficial Consumer Discount Co., d/b/a Beneficial Mortgage Co. of PA V. John A. Mentzer, Jr. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: John A. Mentzer, Jr., 429 Po- tato Road. Carlisle, PA 17013 Your house (real estate) at 429 Po- tato Road, Carlisle, PA 17013, more fully described as attached) is sched- uled to be sold at Sheriffs Sale on September 3, 2003 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. Penn- syhania 17013, to enforce the court judgment of $38,551.98 obtained by Beneficial Consumer Discount Co., d/b/a Beneficial Mortgage Co. of PA 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 Dis- count Co., d/b/a Beneficial Mort- gage Co. of PA 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 judg- ment, if the judgment was improp- erly 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 proceed- ings. You may need an attorney to as- sert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to ob- tain 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 prop- erty. 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 prop- erty as if the sale never happened. 5. You have a right to remain in the property until the full amount EXH- I MIT "C = CUMBERLAND LAW JOURNAL: 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 the date specified by the Sheriff not later than 30 days after sale. Distribu- tion 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 PA- PER 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 or CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 McCABE, WEISBERG AND CONWAY. P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 Attorneys for Plaintiff First Union Building 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 June 27 n n C "Ott rli;l -- 'Tl ?i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 Benificial Cons Disc Co dba Beneficial Mtg Co of Pa is the grantee the same having been sold to said grantee on the 3rd day of Sent A.D., 2003, under and by virtue of a writ Execution issued on the 10th day of March, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5087, at the suit of Beneficial C D C dba Beneficial Mtg Co of Pa against John A Mentzer Jr is duly recorded in Sheriff's Deed Book No. 259, Page 1638. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ! n/ day of A.D. 2003 mot/ ??y?? ecorder of Deeds w. AMENDED Beneficial Consumer Discount Co. d/b/a In The Court of Common Pleas of Beneficial Mortgage Co. of PA Cumberland County, Pennsylvania VS Writ No. 2002-5087 Civil Term John A. Mentzer, Jr. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: John A. Mentzer, Jr., but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, John A. Mentzer, Jr. Twelve attempts at service were made, but Deputies were unable to locate anyone at given address. Post office does not have any forwarding information on file for the defendant. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2003 at 7:00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John A. Mentzer, Jr. located at 429 Potato Road, Carlisle, Pennsylvania, according to law. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2003 at 12:55 o'clock PM, he served the within named defendant, John A. Mentzer pursuant to a court order, by posting the premises located at his last known address of 429 Potato Road, Carlisle, PA 17013 with a true correct copy of the Real Estate Writ, Notice of Sale, Description and Poster, according to law. 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 3, 2003 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 of 961 Weigel Drive, Elmhurst, IL 60126, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $708.24. Sheriffs Costs: Docketing $30.00 Poundage 13.89 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 228.20 Patriot News 197.83 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 708.24 Sworn and subscribed,) to before me So Answer This Yo day of R. Thomas Kline, Sheriff 2003, A.D. n ry j Pothonotary BY Real Est Deputy 30, v CF` ??>47' ?, /vza9l Real Estate Sale # 48 On March 13, 2003 the sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA known and numbered as 429 Potato Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 13, 2003 By: JdCjyvu1 Real Estate Deputy aa-a NOTICE PROOF OF PION OF LAW JOURNAL IN CUMBERLAND p. L.1784 (Under Act No. 587, approved May 16, 1929), STATE OF PENNSYLVANIA ' • ss. COUNTY OF CUMBERLAND and Lisa Marie Coyne, Esquire, Editor of the Cumberland Lsa s that t e Cuhmberland Law State aforesaid, being duly sworn, according to law, deposes any official legal aforesaid, journal, a legal periodical published in the Borough of Carlisle in she County was established January 2, 1952, and designated by the local court 2 s 1952, been regularly has since periodical for the publication of all legal that the printed not ce or publics ion attached hereto is issued weekly in the said County, a exactl the same as was printed in the regular editions and issues of the said Cumberland Law Y Journal on the following dates, APRIL 25, MAY 2, 9, 2003 VIZ! this statement by the Cumberland Affiant further deposes that he is authorized to verify Law Journal, a legal periodical of general circulation, and that he is not interested the subject matter of the aforesaid notice or advertisement, and that all true. in t statements as to time, place and character of publication are gEAL ESTATE SALE NO. 48 writ No. 2002-5087 Civil Beneficial Consumer Discount Co., /C / of PA Beneficial Mortgage VS. John A. Mentzer Atty.: Terrence McCabe ALL THAT CERTAIN lot Of gro w dd situate in upper Frankford To Cumberland County, Pennsyl- sydp, ship more particularly bounded vania. ll and described as foo?t the cen- BEGINNING at a point No. T-439 terline of Township ,r rmerly of at line of land now c fothence by Paul F. Jumper, et ux: the same North 77 degrees 20 min- utes East 58 feet, more or l k ofto a point at the low water mar the Conodoguinci Creek; thence by the same South 21 degrees East 85.5 ore or less, to a point at line feet, m now or formerly of Robert Moffat, et UK*. thence by the same South 83 i Mane Coyne, Lr R4 TO AND SUBSCRIBED before me this SWO 9_day of MAY 2003 P.? CAW degrees 40 minutes West 69 feet, more or less. to a point in the centerline of said road: thence by the same North 12 degrees 40 min- utes West 101.5 feet, more or less, to a point, the place of BEGINNING. BEING known as 429 Potato Road, Carlisle, PA 17013. Being the same premises which John A. Mentzer, Jr. and Robin L. Mentzer, husband and wife, by deed dated the 21st day of October 1998, and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 187, Page 896, granted and conveyed to John A. Mentzer, Jr., in fee. TAX MAP PARCEL NUMBER: 43-06-0029-013. i 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 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 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 on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. 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 S A L E #48 REAL ESTATE SALE No. 48 Writ No. 2002-5087 Civil Term Beneficial Consumer Discount Co. D/b/a Beneficial Mortgage Co. of PA vs John A. Mentzer Atty: Terrence McCabe DESCRIPTION ALL THAT CERTAIN lot of ground situate in Upper Frankford Township, Cumberland County, Pennsylvania, mere particularly bounded and described as folbiws: BEGINNING at a point in the centerline of Township Road No. T-439 at line of land now or formerly of Paul F. Jumper, et = thence by the same North 77 degrees 20 minutes East 58 feet, more or less, to a point at the low water mark of the Conodoguinet Creek; thence by the same South 21 degrees East 85.5 feet, more or less, to a point at line now or formerly of Robert Mof it, et tiv thence by the same South 83 degrees 40 minutes West 69 feet, more or The Patriot News Co., circulation, hereby acknowledge been duly paid. less, to a point in the centerline of said road; thence by the same North 12 degrees 40 minutes West I01.5 feet, more or less, to a point, the place of BEGINNING. BEING known as 429 Potato Road, Carlisle, PA 17013. BEING the same premises which John A. Mentzer, Jr. and Robin L. Mentzer, husband and wife, by deed dated the 21st day of October 1998; and recorded in the Office of the Recorder in and for Cumberland County in Deed Book 187, Page 896, granted and conveyed to John A. Mentzer, Sr., in fee. TAX MAP PARCEL NO.: 43-06-0029-013. .........?...... ......................... Sworn to and sub ' ed befor his 14th da of May A. D. r Notarial Seal z -- ?? Terry L. Russell, Notary Publicf(? City Of Harrisburg, Dauphin County Ni TARY PUBLIC My commission Expires June 6, 2006 Member, Pennsylvania Association Of Nota commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND 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 $ 196.08 Probating same Notary Fee(s) $ 1.75 Total $ 197.83 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have By...........