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HomeMy WebLinkAbout01-04457IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII, ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY cUb/a BENEFICIAL MORTGAGE CO OF PENNSYLVANIA, Plaintiff vs. SONDRA A. McKIN2EY Defendant NOTICE NO.OI ' ~S/NS'~' ACTION IN MORTGAGE FORECLOSURE 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOURLAWYER AT ONCE. IF YOU DO NOT HAVE ALAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATION CUMBERLAND COUNTY COURTHOUSE 5th FLOOR Carlisle, PA 17013 (717)240-6200 REIDENBACH & HENDERSON By: l~ ,~~1_ SY Herbert P. Henderson, II, Esquire 36 East King Street Lancaster, PA 17602 717-295-9159 Attorney I.D.# 56304 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONS[JMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO OF PENNSYLVANIA, Plaintiff No. vs. SONDRA A. McKINZEY Defendant ACTION IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U. S. C. § 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. REIDENBACH & HENDERSON Herbert P. Henderson, II, Esquire 36 East King Street Lancaster, PA 17602 (717)295-9159 Attorney ID# 56304 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO OF PENNSYLVANIA, Plaintiff vs. SONDRA A. McKINZEY Defendant COMPLAINT Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania 961 Weigel Drive Elmhurst, II.60126 2. The name and last known address of the Defendant is: Sonda A. McKinzey 1 Delbrook Court Mechanicsburg, PA 17055 NO. Ol- 'lYJ'7 Cun-P Iw,w- ACTION IN MORTGAGE FORECLOSURE who is the Mortgagor and real owner of the property hereinafter described. On July 11, 2000, Mortgagor made, executed and delivered a mortgage upon the pt~in9es hereinafter described to BENEFICIAL CONSUMER DISCOUNT COMPANY d/b/a BENEFICIAL MORTGAGE CO OF PENNSYLVANIA which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1624 Page 1124. A true and correct copy of the mortgage is attached hereto and incorporated herein by reference and mazked as Exhibit "A" 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February, 2001, and each month thereafter aze due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage; Principal Balance Interest 11/00 through 5/2/01 (Per Diem $45.40) Attorney Fees Cost of Suit and Title Search Subtotal $ 144,907.57 $ 9,035.33 11,747.15 110.00 TOTAL $ 165,800.05 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. 8. The Combined Notice has been sent to the Defendant by regular and certified mail as required by 35 P.S. § 1680.403 c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit `B". 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (I) Defendant(s) have filed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance withPlaintiffs writtenNotice to Defendants, atnre and correct copy of which is attached hereto as Exhibit `B"; or (ii) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demand an in rem Judgment against Defendant in the sum of $165,800.05, and other costs and charges collective under the mortgage and for the foreclosure and sale of the mortgaged property. By: REIDENBACH & HENDERSON By: ~ ~` ~ t~----~ Y Herbert P. Henderson, II, squire 36 East King Street Lancaster, PA 17602 717-295-9159 Attorney ID No. 56304 Attorney for Plaintiff VERIFICATION Herbert P. Henderson, II, Esquire, hereby states that he is attorney for Plaintiff in this matter, that he is authorized to make this Verification, and that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.. C.S. Section 4904 relating to unsworn falsification to authorities. Y M~` ,`• 6 Herbert P. Henderson, II, Esquire Attorney for Plainti$' I.D. No. 56304 MqY 25' ' 81 09; e9 FR HO! !SEHOLD TO 917172451225 P.03ii3 LOAN ""PAYMENT r-ND SECURITY AOAF.EM' ? (Page 1 0. , LENDER (calied "We", "Us , "Oni } BENEFICIAL CONSUMER DISCOUNT COMPANY Dt6lA BENEFICIAL MORTGAGE CG OF PENNSYLVANIA 4910 CARLISLE PIKE SUITE 104 MECHANt CSBURG PA 17050 BORRON&RS {idled "You", "Your") MCKINZEY, SONORA A SS# 79t4D8279 t OELBRODK COURT MECHAN{C56URG PA 19055 LOAN N0: 7 t t 71 a-533289 YOU ARE GIVING US A SECURi TV INTEREST tN THE REAL ESTATE LOCATED A7 THE ABOYE ADDRESS. SQUIRED INSURANGP.. You must obtain insurance Tor term oT Iosa wrering security !os this Iosn sa i~icated by the v'ortt 'YES' below, nettling us as Lass Payco: YES Title insurance oa »a! estate sceurity. YES Fire end estovt{ed eareraRe iasoreeco on teat estate smurity. You may obtain onY rryuired insurance Prnm anyone you clwose aa0 may assifin any other policy oC inxvrsnce you own to cnvcr iha smurity [nr thin loan, t9se "Seeuritp' paraBtoph above tot tkscriptioa of sveuritY W he insures.) __ 15T MTG W/PPP u~: uW1~~ I~(I [ Ill tt-30-99 AE 31 iWI11YEE11A001 ~IAIEBIB EIW~fl111W~IR~YWIiI1~111E lIRWWIBIIIBNIII~WU~~~~Y~ PABfififits •A1972A3ME39a[EA96GOPAB656110~°sSKt NZft • GFIGtNAt EXHIBIT A MAY 25 '81 09:19 FR HOl1SEHOLD TO 917172951225 P.0ai13 LOAfiI REPAYMENT AND SECURITY AGREEMENT (Page 2 of 3) PAYMP.NC. In return for Ehis loan, you will pay us the'l'otal of Payments (the sum of Finance Charges plus Amount Fieunexd), in monthly pay enss stated on pa',ge one. The Finance Charge is the total of Inurest plus Service Charge, You may pay more at any time. You will pay us et our business address as stated on page one or othet address given you. li mgre than otu $ottowex is mad on page one, we may enforce this Agreement against al[, or any. Borrowers, but not in a combined amount greater t n the amount owed. . DATE ON WHICH FIN CE CHARGE BEGINS. Finance Charges beg'sn on the dau of disbursement, If ttris loan is made by mail, the dau on hich the 7?inance Charge begins is postponed by the number of days tram the dau of this Agreement to the date of di bursemeat. Payment due dates and ef[ective date of any oprional insurance purchased are also postponed. PAYOUTS. You agree to pay-nuts of Amount Financed as-shown on Truth-In-Lending disclosure form. it payouts change baause loan closi is delayed, (a) you shall pay additional amounu due at closing, or (b) your Dash or cheek will be reduced to covet additio al pay-outs. PREPAYMENT. 3f you full pay bettirc final payment due date, the amount you owe will be roducecl by unearned Finaaex Charge (but not Setvict Ch ge) determined by the "Rule of 78ths." MATURITY. After the fi payment due date stated on page one you will pay interest et the rau of 1846 pax year. SECURITY. You agree t g'sve tts a security interest in the property identified on page one, which will secure s11 irtdebtednevs, including f re advances under this Agreement. LATE CHARGE. If you n t•pay any payment in ID days otter it's due, you will also pay 1 1!2°.b per month on tht amount overdue (subject a $1.00 minimum charge). BAD CHECK CHARGE. a will ektarge you a Ece of $20 if any payment check is returned because of insidficient Yunds or is otherwise dishonored. Y 'agree that we may deduct this charge from a.monthly payment. FAILURE TO PAY. If yo don't pay any payment on time or fail to keep any required insurance in tone, (a) all yotu payments'may become du at once and wirhout notifying you before bringing suit, we may sue for the tool amount you owe less any unearned F' a Charges you would receive if you fully prepaid, and (b),you will also pay our reasbtiable ¢ttorncyRxs, if the atttntte is not nor salaried employee, for legal proceedings to collect this loan or realize on security., F..XCHANGE OF INFOR '1'lON. You understand that from time to :t)mr we may receive credit informadort concerning you Irom nth such as stores, other lenders, and credit feporting agencies. You authorize us rq share any . intprmstion, on a regulaz basis, we obtain relatesd to your Account, including but not. limited to credit rogorcc and insurance information, wi h any of our afftliazad corporations, avbsidiaries'or other third parties. The trees of this information may include a ieiquiry to dot«mine: if you qualify for additional oriels of erodit. You also authotiu us to share any information raga ding your. Aarount with any of our af[iliated corporations, suinidiaries or other third parties. You may prohibit the sh ring of such information (eitxpt for the sharing of information about transactions or eiperiences between us d youJ by sending a -written request which contains your toil name, SoClat Security Number and Address to sat P.O,'Boi 8602, £imhurst, IL 60!26. It you fail to fulfill the t ms o[ your ctexlit obligation, a negative report reflating on your credit tocord may be submitted to a Credit R tong Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may IeasC your residence address to us, should it biome necessary to taeate you. You agree that ow supcrvlaory personas! ~ maq listen to telephone ells between you and our repilsentatives in ardor to evaluate the quality of our service toy u. OPTIONAL INSURAN ,Optional Credit Insurances and any required insurance disclosures arc attached to this Agreement and are into rated herein by reterctrce. APPLICABLE LAW. Th Petttaylvama Consumer Discount Company Aet (COCA), Title 7, Purdoas Pennsylvania Statutes, governs this loan. NOTICE: FOLLOWING PAGE CONTAINS ADDTtIONAL CONTRACt TERMS. 70-1T-98 NRE ~ - PA87500i OR1GtN1L IaH®A11a1141WiNOS ~®~Ip ~ ~ tl®IY Uf ~, ir~i ems. eta V'J•AVJ rK nVV~tnVl_L IU 71'/1'/Gy>2GGJ F', Nei 13 LOAN ' 'PAYMENT AND SECURITY AGREEM' 7 (Page 3 of ,f lowest cast coverage. We or art affiliated mmpany might receive some benCln (i.e. commission, service [ee, eipense•• reimbursement, etc.) from the placement of this insurance and you will be charged Eor the full cost of the pcemium without reduction for any such benefit If at any time after we have obtained. This insurance, You provide adcquau proof that you have subsequently purchased the rt,•quited coverage, we will cancel the Coverage we obtained and aedit any unearned premiums to your Joan. DEFAULT. If you don't pay on time or tail m keep any required insurance in force, or if permitted iR the event of default under the Mortgage, (1 }all your payments may become due at once and, (2) without notifying you txtore bringing Suit, we may sue you for the entire unpaid balance of Principal and accrued Inurest and (3) any judgment in our favor may indvde our reasonable attorney's Ice and court costs as determined by the coup. You agree that, should we obtain judgment against you, a portion of your disposable earnings may be attached or garnished (paid to vs by your employer). u provided by Federal lea•, You agree to pay interest on any judgment at the Contract Rate. EXCHANGE OF INFORMATION. You understand that fmm time'to time we may receive crtdit information croncerning you from others, such 85 stores, other lenders, and Credit reporting agencies. You authorize us to share any information, on a regular basis, we obtain related to your Account, including but not limited to credit reports and insurance information, with any of our affi{tared corporations, subsidiaries or other third pubes, The uses of this information may include an inQuiry to de[crmine i[ you qualify for additional offers of credit. You also authorize us to share arty information regarding your Account with any of our affiliated corporations, subsidiaries or other third patties. You may prohibit the sharing of such inform:tion (except for the sharing of information about transactions or experiences between us and you) by sending a writun request which contains your full name, Social Security Number and Address to us at P.O. Box 1547, Chesapeake, VA 23320. - If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may lx submitted to a Credit Repotting Agency. You egret that the Department of Motor Vehicles (or your state's equivalent of suth department} may release your residence address to us, should it become necessary to !Deno you, You agree Ibat our supecvisory personnel may listen to telephone calls between you and our reprcttttatives in order to evaluate the quality of our service to yau. OPTIONAL &A'SURANCE. Optional credit insurances and any requited inwranee dixJosures are attached to this Agreement and are incorporated herein by reference. AI,'t'ERN:t.TEVE DISPUTE. RESOLUTION AND OTHER RIDERS. The terms of the Arbitration Agreement and any other Riders Signed as par[ of dtis Joan transaction ate incorporated into this Agreement by rtierenet. APPLICABLE L.4 W. This loan is made at as agr«d rate authorized by Section 501(a), Part A, Tick V, Public Jaw 96'221, also known as Section 173f'7 (a), 'title l2, United States Cvde (USC). This Agreement also qualifies aS an -alternative mortgage transaction' under the Alternative Mortgage Transaction Parity Act section of the Garn-St. Germain Dcpasiwry Institueians Act of 1982, Sections 3801 through 3806, Title 12, USC. Regulations issued by the Office of Thrift Supervision. Department of the Tteawry, also govern. It you da not pay the cull amount of an instalment when it is dot, and we intend to foreclose on the Mortgage, we must comply with the provisions of Section 403 and 404 of the Act of January 30, 1974, which is known as Act No. 6, and the provisions Ot the Homeowner s Emergency Mortgage Assistance Aet (Art \lo. 91 of 19g3). ANY ADVANCE OF FUNDS PURSUANT TO THIS LOAN REPAYMENT ANA SECURITX AGREEMENT AND THE MORTGAGE NHiCFI SECURES TIIE AGREEMENT KAY, IN THE EVENT OF ANY DEFAULT, RESULT IN THE LOSS OF YOUR HOKE OR OTHER REAL PROPERTY PLEDGED AS SECURTIY FOR YOUR LOAN. YOU HAVE RECEIVED A COAlPLETE COPY OF THIS AGREEMENT AND THE TRUTH-IN-LENDING DISCLOSURES. B~O/JR,R~O~W~~ERS: ~,,~j~,.~' ~,~^ ,~~~ 1y~"~•"~>'y (SEAL) (SEAL) t1-30-99 RE SI t57 MTG W) S •u312A7AAES44CEA9000PAaa51170•YMCaINtFY " tMt161W1L M~NYo25•'Q/ 1~9~11 FR HOUSEHOLD TO 917172951225 P.06i13 , -~u~I~.oo•~,5aa MORTGAGE • ""`.^';° . ~~. IF SOX i4 CHECKED, 'PHIS MORTGAGE I5 AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. THIS MORTGAGE is made this day t t TH of JULY ~ Gam. between the Mortgagor, SONORA A. MCK INZEY. SINGLE The following paragraph preceded by a checked box is applicable. ~ - ,~-. WHEREAS, Borrower is indebted to Lender iq,th~ principal,sum of_$ t36;.Qa3..2].:_,-~_ _ _, evidenced by Borrower's Loan Repaymrnt and Security Agrament or Secondary ortgage n greement dated • JULY 7 t , 2000 and any eaunsions or renewals thereof (herein 'Note"), providing for monthly :nstsllmenu o pnnn an rntetes[, mc]vding any adjustments to the amount of paymen7s or the contract rare it that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on ;tut.v t ~.• 2030 ' o WHEREAS, Borrowar is indebted to Lrnder in the principal sum of $ , or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement red and extensions and renewals thereof (herein 'Nou"), providing for monthly installments, a Interest at tau an tinder the arms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit sated in the principal sum above and an initial advance of $ • __ , TO SECURE to•Lender the repayment of (!j the indebtedness evidenced by the Note, with interest thereon. including any intreasev ii the rnnttatt rste is variable; (2) future advances under any Revolving Loan Agrament; (3j 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 covenauu and agreements of Borrower herein eonuined, Horrower dots hereby mortgage, grant and convey to Lender and Lender s successors and assigns the [o1loNing daeribal property located in the County of CUMBERLAND ':ammonweatth of Fennsylvenia: . ~... at-07-GO MTG 4197tA7ME540lfC90aaPA0a tYi to"roaKitQEY * ORfGlr~att ALL THAT CERTAIN PROPERTY SITUATED IN THETOYiNSHIP OF HAMPOEN IN'TNE COUNTY OF CUMBERLAND AND Ct1MA0NV7EALTH OF .. PENNSYINANt4 r8E t.NG-MORE F.UL LK-DEBCRISED• IN A GEED DATED 72/1at1896 AND RECORDED 12r7art0D8. AMONG THE LAND RECORDS DF THE-COUNTY AND STATE SE7 FORTH ASOYE, IN DEEIT VOLUME 780 AND PAGE 1064. TAX MAP OR PARCEL ID NO.: 70-22-0527-032 . ~fi _ ~ m n.v S~ .. t-. ~ ~:m • ~• ro pQa .., m -t v ~ •? ~ o~= N C:b~ ~' m ,N K G Rrr1 C9 r.y ~ .9 a P4007287 ,: ~<~~~ r~ eoo~-1624rea2124 '~ F+UL'tiEHU~_!J IU `~l"7J,7~y51 Z~~ Y, b'(i A~ ter,..., _2_ improvements now or hereafter erected on the progeny, and ell raum~tits, rights, which shat! be deemed to be and remain a part of the property covered by this ing, together with said property (or the leasehold estate it this Mortgage is on a 1 to as the "Property.' crows is lawfully seised of the estate hereby convoyed and has the right to mortgage, ad that the property is unencumbered, except for eneumbtancet of record. Borrower 's and will defend grnerally the rifle to the Property against a1! claims and demands, rd. Borrower and Linder covenant and agree as Io110ws: ,ad Iaterest at Varisble Rates. This mortgage secures all payments of principal and >an. The contras rate of intertst and payment amounts May be subject to change as shall promptly pay when due all amottnss required by the Note. suraace. Subject to applicable law or waiver by Lender, Borrower shall pay to bender principal and interest arc payable under the Note, until the Note is paid in full, a sum veltth of the.yearly taxes and assessmrnu (includinE rnndominium and ofamted unit premium installments for hazard insurance, plus one~weifeh of yearly premium ' once, i[ aay, all as reasonably estimated initially and from time to time by Lender on ifs and reasonable estimates thereof. Bottoxer shall not be obligated to make such i the extant that Borrower make such payments to the holder o{ a prior martgagt or t itmitutional lender. ' Lender, the Funds shall beheld in an institution the depwits or accounts of which sre ! eta! or state agency (including Lender if Lender is such an institution). lender shell ~. assessments, insurance premiums sad ground rents. Lender-may not charge for so i ;, analyzing said account or veritq;ng and compiling said assessmrnta and bills; unless ! m the Funds and appliable law yermiss Lender to make sucA a eharge..Borrower and [ the time et execution of this Mortgage that interet on the•Funds shall be paid to ~ment is'made of applicable law'requiies such~interest to be paid,.Lenda shall not be merest or earnings on rho Funds. Lendcc shall give to Borrower;: without charge, ar. showing credits and debits to the Funds and the propose for whi@b each debit to tha pledged as additional seiurity for she sums s~rurod by this-Mortgag!.. ' held by Lender, together. with the future monthly installmetts o[ FurxIs ydyable prig: meets, iawrantx premiums and ground renss, shall exeetd the.nmount required to pay ice premiums attd ground renss a; they fall due, such excess;shali be, rat Borrower's to Borrower or credited,to Borrower on monthly instsllmcnss of Ponds. If the amount ail not be sufficient to pay rases, asseasmenss, insurance premiums and ground renss as Y to Lender any amount necessary to make up the defieieruy in one or more payments -~c.o.-- _ .,.vp.v-.z+..-ter s-.•~..--r>..-'------~-- q sums secured by rnis Mortgage, Lender shall promptly refund to Burrower any funds raph I7 hereof the Property is sold or the Progeny is otherwise acquired by Lender. ', n immediately prior to the axle of tha Property or iu acquisition by Lender, any Funds pptication as a credit sgaittst the sums secured by this Mortgage. ' cants. 5xcepc for )owns made pursuant to the Pennsylvania Consumer t)isrnunt xkived by i.ender under the Note and paragraphs 1 and 2 3tereot shall be applied by counts payable to Lender by Borrower under paragraph 2.hereof. then to interest, sad Deed of Trust; Charges; Liens. Borrower shag perform al! of Borrower s obligations trust or other ateurity agreement with a lien which has priority over this Mortgage, :ss to make payments when duo. $grrower shall pay or cattle to ~be paid all tares, fines and impositions attributabte to the Property which may attain a priority over this arts or ground rents, it any. PAOOtt11 711' '. ~ ~ ~~~~ ®01'IPI~~~~~~skltlWLL~~ NrC9a60PA0012/20~~aQlCfl2tr r Oa161raLL '~ G~~1i eoolc1624rnccll?,5 1225 P,Ag/lay 9n the Property t as Lender may tval by Lender; sof shall be in a table to Lender. deed of trust or nay make proof +s from the date petits, Lender is !the Property or )evelapmeats. ariorationo[the :gage is on a Unit ttions under the Ate byiaxs and contained in this c Property, then sums, including ntract rate, shat! x [o other terms thereof. Nothing oi.the,Property. therctor related reaction with any ItiOII,-0te hereby 5greemrntwitF.a 1or.payment ur for in interest of ers sueCeasora in ereend time for rand made by tAe right or remedy any such right or sand agreements ;its of Leader and shall be joint and Mortgage only to oregage,(b)isnot er hereunderinay s Mortgage or the tngage as to that PA001xa3 r,Hr e~- '~71 e~9~1~~ ~K Nuu~tr+u~u r-'" -".. 7n 917172951225 P.29i13 -t- 12. Notice, Except Eur any notice required under aDDlicaMe law to be given in another manner, (a) aryy notice to Borrower provided for in this Morgagc shall be given by delivering it or by mailing such notice by eertifieii mail addres~.d 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 shaft be given by certified trail to Lender's address stated herein or to such other address asLcnder may designate by notice to Borrower as provided herein. Any notice providtdfor inthisMortgage shall be deemed w have beengiven to Bocrowei of Lrnder whoa given in the manaerdesignated herein. t3, Governing Law; Severabitity. The state artd loml laws applipble to this Mortgage shall be the laws of the jurisdiction in which the Propeny is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. Ia eheevent that any provision or claoseoi this Mortgage orthe Note conflicts with applicable law, such conflict shall not effect other provisions of this Mortgage or the Note which can be given effect withoutehe conflicting provision, and to this end the provisions of this Mortgage and the Note am declared to be severable: AS used herein, 'costs,' "expetl~s-and "attorneys' foes' include all stuns to the extent not prohibited by applicable Iaw err limited herein. 14; Borrower's Copy. Borrower shall be furnished a conformedwpy of the Note and of tfiisMortgage et rho time of execution or after recordation hereof, IS;, Rehabilitation Loser Agreement. Borrower shell fulfill all of Borrower's obligations under any home rehabilitation;=imDrovymrnt-repair,,or'other-loan=agreement.which.Borrower•enters•inta.with~Lrnder..Lender; at. _ - Lrndci soption,may require Borrower to exxute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defensrs which Borrower may have against parties who supply labor, msurials or services in rnnneetion with improvements made to the Property f 6 Transfer Ot she Property, It Borrower Belts or transfers all or any part of the Property or an inenat therein, excluditj<g (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a trana[er by devtse, descent, or by operation of law upon the death of a joint tenant, {c) the grant of any leasehold interest of thra years or less not conuiaing an optitn to purchase, (d) the creation of a purchase money security interest for household appliances, (e} a transfer to a relative'Iresulting from the death of a Borrower, {t) 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 o[ marriage, legal separation agreemrnz, or from ah incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, {h) a transfer into aninter 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 ptesai i~ by the Federal Hottie Lawn Bank Board, Bottnmtr shall cause to be submitted informer[ion required by Lender ~ - to evaluputhe transferee as it a new loanwbre being made to the transferee. Borrower wil l continue to be obligated under the Note and this Mortgage unlessLenderreleasts Borrowerin writing. - ~~ _ - It Lmdar does not Agra tosueli sale or transfer, Lender may declare altofhhe sums sauced by this Mortgage to-be immedi~iately dun and pagable.'It Lender exercises such optionio accelerate, Lender shall mail Borrower natice•of acceleration in secordance with'par8graph 12 hereof. Such notice shall provide a period of not leas than 30 days•from the dauthe'noticeismailedordelivetedwithinwhiehBorrowermaypaytllesumsdeclsteddue.IfBorrowerfailstopaysueh ' sums p~ior to the expiration of such period, Lender may, without further notice or demand on Borrowe ;invoke any remedies permitted by paragraph 17 hereof. NON-UNIFORM COVF.+VANTS. Borrowerand fender furthereovetunt andaRraas forlows: ^-- ~~^ - •--~tt:~ncttteratroa.%xemaatesra:capt•ss=provtaeo•m~paragraphd6•Leraoi; upon=BOrrowerts•breach•ofany covenant or agreement of Borrower is this Mortgagc, including the eovenaats to pay whca due any sums secured, by this Mortgnge, Leaderprior toaealeration shaft give aotitt to Borrower asprovided fa paragraph t2 hereotapeeftying: (!)the breach: (2) the action required to cure such breach; (3) a date, ant less than 30 days from ttie date the notice it mailcil to borrower, by which such branch must be cvredt and (I) that failure [o curesu fh breach oa or before the date specified in the notice may result is acce[eniioa of the sums secured by this Mortgage foreclosure by judicial proceeding, sad sate of the Property. The notice shall further inform $orrotvcr of the light io reinstate offer acceleration sad the right to assert in the foreclosure proceeding the noaezisteace of a default or way other defense of Borrower to acceleration and foreclosure. ff the breach is not cured on or before the date spaitied in the notice, Lender, at Lender's option, maq declare e11 of rho sums secured by this Mortgage to be immediately due wad payable without further demand sad may foreclose this Mortgage by judicial proceeding. Leader shall be entitled to co[leet is such proeeedjag all ezpeases at foreclosure, including, but not limited to, reasonable attoracys' feu and costs of docume¢tary evidence, abstracts and title reports. O1-07-00 MiG tjaa`.i7'E.'~iCS.:t:. ~. PA00128a caicmwt soolc1fi24 r!acc1.127 i; iH* G~• ' bl b7~ 1t5 rK NUUStHULU Tn 917172951225 a.1e~1s ' ~ ~5- l8: 1Sotrowcr's Right to Reiristste.bNohvit}istanyng I4Yendir~s~ec~clix$tion*of the sums by this Mortgage dve totDorrower's breach, Borrower'shall have,ihe'" tight to hive rang •prexett$ngs begun by Lender to enforce this Mortgage di:zontinued at any dme prior'to entry'of a judgment enforcing this Mortgage it: (a} •Borrower pays Lender e11 sums which would be than due under this Mortgage and the Note had no,aaelention occurred; (b} Borrower cures all bigachrs of any othu tnvenanss or ageemrnss of Borrower contained ia'this Mortgage; (t) Borrowu pays alt reasonable expenses iacurred by Lender in enforcing the eovemnts and agrxmtnu of Borrower contained in this Mortgage, sad in bnforcing Lrnder's remedies as provided in paragraph 17 hereof, including, but trot iimittxl to, reasonable attorneys; fees, and (d} Borrower takes such utioa as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the property and Harrowers obligation to pay the sums sceured by this Mortgage shall con'tinuc unimpaired. Upon such paymrnt and cuze by Borrower, this Mortgage and the obligations secured hereby shall Iremain in full torte and effect as if no acceleration had occurnd. 14. Assignmtat o~'Rcnts; Appointment of Receiver, As additlonat security heteu»der, Bortmver. hereby assigns to Lender the roils of the (~mpcrty,provided that Borrower shall,:prior to acceleration under,pangcaph 1T (• •Y, hereof, in a, n onment of the Property, havc'the right to collect and retain 'such. rents as they becomv$ue and payable' , :. , ~~ .:: _.,.,.~t~ ~-r - •Upon acceleration under paragraph T'herwf'or abandonment of the Property, Lender shall be rntitled to have n receiver appointed by a court to enter upon, take poss~ion of anil'aianage"the,PropErty zpd'to collar the rents of the Property including those past, due. Alt rents Collected by the receiver shall be applied first to payment of the eosss of menagemrnt of the Progcrty and eollatioa of rents, including, but not limited to, receivers tees, premiums on receiver's bonds and. reasonable attorneys' fees, and then to the sums secured by this Mottgagr. The receiver shall be liable to axount only for those rents actually raeived, ' 20. [release. Upon payment ofl, all sums secured by this Mortgage, Lender shall telmse this Mortgage without charge to jiorrower. Borrower shall pay al! cosss of recordation, if any. Il. ~Vaivet of Homestad. Borrower hereby waives alt tight of homestnd ezemption in the Propetty under state or Federal law, 2I, Interest Rate Alter Judgment. Borrower agrees the interest isle payebk alter a judgment is rntered on the Note or in an action of mortgage forxlasure"sha11 be thn rite stated in'the Nott. ' Ci.,t, r~li..G~ ' .t~ l.c :/ rl : • "'_: :/,j,i. i ~t_it ~~~ Dt-Ot-QO MTG I ~®~~f~~~8~~~~~Ql~~~~®®®6~~~~®®I~B~ ~a9ttA9ME591MTG900aPA001ta5N~gIGICIN2EY ~ ~ Da~a1Na1; eonr1624iac~iL2g . PAOOt485 1`~sar ~~ 'N!, NU=1C rH HLN`_,tHULU :~ r. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIDR MORTGAGES OR DEEDS OF TRUST P. 11113 t` - 4:, $atrowar ettd Leader request the hoiden of any mortgage, deed of mist of other rncumbraace with a list which has priority over this Mortgage to give Notice to Lender, at L+ender's address set forth on page one of this Mortgage, of eny default under the superior rneumbranca sad of any sale or other fomfosttrs action. State o} Pennsylvania 11 County of Cu;nhznandf Hoccyded'n the orrice for the rewr3ding of erck'1i a~trC'titahtxrlarto County, qa( 1I I hereby certify that the praise address of the U TU 91X72951225 v -$orrower On behalf o! the Lender. By: norms A. Fratello-Gbl'1"~4n"'u_A!>":~i+~~'~na T~^rz!+ t~^~*~,,°T COMMONWEALTH OF PENNSYLVANIA, ~~""~'~-`'Y"~~^~"~'a Countyss: I, p~..,,a a e+rgrPt t o-rr. 1; 2e , a Notary Public in and for said county and state, do hereby certify chat personally known to ms to be tke same pcrson(s} whose name(s) t c subscribed.to the fotegoing instrument, appesred berm mo this day is person, and acknowledge that She .^ signed i11d delivered the said instrument as hoc mart Free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 11th dAy of July . 2(1~. . . My Commission expires: ~n_x~ lR. 8~~i~~1-l~~`txA otary public `Be'nefi'r'i~' imwmsn=,t Dl'SDOtlnt~ ~' . Cpaparty°d/b/2 Beneficial MoYtgage:CO. of Pennsylvania (Name) 4910 C~ilisle Pike, Sttite 104 Mecltdnicsburgr PA 17050 (Aedrenl Ot-87-80 a1TG IYIIIN~BI'~Iaa191Wae a1RaW'Dl~aa'RIIYa11aI1mYa11W4a~~®lagti7®®I~~IW ~919TZA34AF594AtG9DDOPA88t2860~~'MCKIt(QEY a ~ ORIDItUL •BOCtf~gtMGEj,~ PA8D1Z86 44paee Below T6ia Liao Rpenod Pon Loader aa0 Raoorderl Return Ter Records Praessing $erviees 517. Lamont Road }'simhvist, IL 6012b t'Mr G~ ~ i9A b7: A'j rk Huu~tH~i~u TO y177.72~51225 P. 1213 IIT,• .N•LENDING DISCLOSURES (Pa; of <, LENDER (Ca11ed'Wc", "Us', 'Ow"} BENEF1CIAL CONSUMER DISCOUNT COMPANY D761A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA 4870 CARLISLE PIKE SU1TE t0a MECHANICSBURG P4 77050 $ORROFYERS (Celled ^YOY", "Your") LOAN NO: 71 t 714-533528 MCKIN2EY, SONORA A i DELBROOK COURT MECHANICSBURG PA 77055 • ANNUAL .FINANCE Amount Totelof Paym4:at Dste PERCENTAGE CHARGE Finaaeed The amount you wIIt o[ The emouAt of areal have paid eflor you LoaA RATE The dollar am0uxt "~"- thu credit will Cott provided w you or a have made ell pay- Tha wst oT Tour credit you your WhatT. meatt as scheduled. ax a yearly cert. 13.1694 s 3E3.43fI0.03 -f126550.77 s 5tt270. 60 071 t7t0D Yuvr •ment eehedute will he: YOU ARE C1vtNG US A SECURITY INTEREST IN TNF REAL ES".ATE LOCATED Ai Tr1E 4BOVE ADDRESS. Property Insurance: You must insure :he propeny securing this loan but you may obtain property insurance from anyone you wane tF-at is acceptable to u9. IP~you purchase Perwnal Property Insurance (PPI) through us. you wit! pay the PPI Premium fisted on page I of rho loan agreement. Late Charge: Tf you dont pay any payment in full within 15 days after it's due, you will also pay a late charge aquaoqua tToTO% of the monthly payment or $29, whichever is greater. Prepaymenr. If pov pay off early, you may have to pay a penalty and you will not be entitled to a refund of that part o{~tn Finance CharKC consisting of Poises. See the rnntrcce documents for any additional information about nonpaymrnt, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. "e" means an estimate Number a4 Ps menu Amount of Pa menu When Ps menty Ara Due t s 7420.03 0817~/GD 356 a t x20. 03 Day t 7 of each month thereafter. `e' NOTICE: The following page contains additional information. ti-30-94 nE W/PPP tt1 +~~~ryapg II~~~~99~~ ~n~Upp~~~~~laal~~aa ^i/~pn~~'~~1r111aa aa~~{IapB'~p~n{y~~~^~~r ~~01I~aq{I~ap ® Iry'~pryl 9e -A819211 ~7a~~~~~1~~Uf'lIB ~~aa7YOvi tlI1 n111tl4Oa ~1611MF 91f~Y~U111~9~ e0.1972A3A4ES94GCpg000PA8192110aM,l0lf lagEt • Oa IGINAt MNY 27~ 'bl b'd:LU r-N, I-IVUSEHU<.L~ TU 9J.7?.72957.225 P, ?.3/13 CAUTH-IN-LENDING DISCLOSURES (, ve 2 of 2) ITEMIZATION OF TIIE AMOUNT FINANCED T0: 71171a00514209 ............................................... ........... _ s 9823. 60 T0: GMAC MORTGAGE #306803337 ..................................... ............ s 109000. 00 T0: HDMBGAtCDTCR 374800041898 ................................. .. .............f 208. 00 T0: RENAISSANCE #540791090007(67 .............................. _ . .............s 390. 00 T0: SEARS #553445083136 ....... ............... ....... ............ .... _ .......f 885. 00 T0: FCNB-SPIEGEI #3809092996 . .... ............... .. .. .... .. ........s 280. 00 T0: CITIFINANCIAL #803782784932376 ............................ .. .. .........s 812. 92 F0: DOCUMENTATION PREPARATION FEE~~....... ..... ................. ....... ,,,,,f 200, 00 REAL ESTATE TITLE E%AMlNATION ANOIOR TITLE INSURANCE .......... .. .............f 1013. 75 REAL ESTATE APPRAISAL ............................................ ..... .......f 280. 00 OFFICIAL FEE5 (PAIp FOR RECORDING DOCLIMENi$) ..................... .............f 29. 50 CREDIT LIFE INSURANCE (PAID TO INSURANCE COMPANY) ................ .............f 3850. 00 CASH OR CHECK TO BORROWER ........................................ .............f . 00 FREPAID i{NANCE £HARGE ................................... ........ ........ ....f 9192. dd AMOUNT FINANCED (EXCLUDING PREPAID FINANCE CHARGE) ............................f 128860.77 n-30-99 aE w/pPP m Pae192ti i ~a~~~e~~~~wt~~~~~~~~~~u~~~~~i~i~i® 'W972A3A4E394FE09000PA87B21ZG•AKI(I NiE~ • pp101,y~ ** TOTRL PRGE.13 ** REIDENBACH & HENDERSON 36 East King Street Lancaster, PA 17602 Kenneth G. Reidenbach, II* Herbert P. Henderson, II Mitchell A. Sommers+ Member of California Bar Of Counsel May 10, 2001 RE: Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co of Pennsylvania T0: Sondra A. McKinzey 1 Detbrook Court Mechanicsburg, PA 17055 FROM: Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Co of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 ACT 91 NOTICE Telephone 717-295-9159 Fax 717-295-1225 e-mail lawyerCllaw-for-you.com TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paces. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (EIEMAP) may be able to help save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling A~ency_ The name, address and phone number of Consumer Credit Avencies servine your County are listed atthe end ofthis Notice. If you have any questions, you may call the Pennsylvania Housine Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearine can call (7171 7 8 1-1 8691. This Notice contains important legal information. If you have any questions, representatives atthe Consumer Credit Counseling Agency maybe able to help explain it. You may also want to contact an attorney in your area. The local bar association maybe able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHOA CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA EXHIBIT B (PENNSYLVANIA HOUSE FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELIGIBLE PARR UN PRESTAMO POR ELPROGRAMA LLAMADO "~?„EuWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUESE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. riOMEOWNER'S NAME Sondra A. McKinzey PROPERTY ADDRESS: 1 Delbrook Court, Mechanicsburg, PA 17055 LOAN ACCOUNT NO.: 71171400533528 ORIGINAL LENDER: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co of Pennsylvania CURRENT LENDER(SERVICER: Beneficial Mortgage Co of Pennsylvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"l. YOU MAY BE ELIGIBLE FOR EMERGENCY ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND, *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end ofthis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (301 DAYS. IF YOU DO NO APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -Ifyou meet with one ofthe consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of desienated consumer credit counselin~aaencies for the county in which the nrooerty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of you intentions APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information aboutthe nature ofyour default.) Ifyou have tried arYd are unable to resolvethis problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked withinthirty (30) days ofyour face- to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION: Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (Tf you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brim it ua to date): NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 1 Delbrook Court, Mechanicsburg, PA 170SS, IS SEROUS LY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Account# 71171400533528 December 2000 through April 2001 - S payments of $1,420.03= $7,100.15 Other charges (explain/itemize): Past Due Payments: $7,100.15 +interest: $9,398.53 = $16,498.68 HOW TO CURE THE DEFAULT -You may cure the defauh within THIRTY (30) days ofthe date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $16,498.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS, the ]ender also intends to instruct its attomeys to start legal action to foreclosure uaon vour mort¢aeed urooertv. IF THE MORTGAGE IS FORECLOSED UPON -The mortgage property will be sold bythe Sheriffto pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still required to pay the reasonable attomeys fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomeys fees actually which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY period, you will not be required to pav attomey's fees OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIORTO SHERIFF'S SALE - lfyou have not curedthe default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriffs Sale You may do so by pavin¢ the total amount then past due plus anv late or other charges then due reasonable attomev's fees and costs connected with the foreclosure sale and anv other costs connected with the 5heriff's Sale as specified in writine by the lender and by performing any other requirements under the mort~aQe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that theearliest datethat such a Sheriffs Sale ofthe mortgaged property could beheld would be approximately 6 months from the date ofthis Notice. A Notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Beneficial Consumer Discount Company Foreclosure Dept. 961 Weigel Drive Elmhurst, IL 60726 (800) 959-3482 Ext. 7604 Fax: (630) 617-7562 Kevin Marshall EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property afterthe Sheriff s Sale, a lawsuitto remove you and your furnishings and other belongings could be started bythe lender at anytime. ASSUMPTION OF MORTGAGE -You may not sell or transfer your home to a buyer ortransferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTION ON YOUR BEHALF. *TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) *TO ASSIST THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Urban League of Metropolitan Harrisburg N. 6"' Street Harrisburg, PA 17101 (717)234-5925 (717)234-9459 Fax CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717)541-1757 It is only necessary to schedule one face-to-face meeting. You should advise Mr. Marshall at Beneficial Consumer Discount Company, immediately of your intentions. Sincerely, Herbert P. Henderson, II Attorney for Beneficial Consumer Discount Company 36 East King Street Lancaster, PA 17602 (717)295-9159 pc: Beneficial Consumer SHERIFF'S RETURN - REGULAR CASfE NO: 2001-04457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MCKINZEY SONDRA A BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MCKINZEY was served upon the DEFENDANT at 1303:00 HOURS, on the 26th day of July 2001 at 352 S SPORTING HILL RD MECHANICSBURG, PA 17055 by handing to SARAH ROBERTS, SECRETARY FOR JAMES M BACH, ATTORNEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 Sworn and Subscribed to before me this 7 ~ day of Q~ A.D. - ~. ~. Prothonot So Answers: R. Thomas Kline 07/27/2001 KENNETH REIDENBA H By: Deputy Sheriff i I accept the service of the Acceptance of Service 01-4457 civil Notice and Complaint in Mortgage Foreclosure (on behalf of sondra A. McKinney and certify that I am authorized to do so.) Date Authorized gent James M. Bach 352 S. Sporting Hill fem. Mechanicsburg, PA 17050 PH 737-2033 Mailing Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA, Plaintiff No. O1 - 4457 vs. SONDRA A. McKINZEY, Defendant I, HERBERT P. HENDERSON, II, ESQUIRE, of Reidenbach & Henderson hereby certify that on September 26, 2001 I mailed by first class mail a copy of the Notice of Intention to Take Default Judgment in the above matter upon the following: Sondra A. McKinney 1 Delbrook Court Mechanicsburg, PA 17055 REIDENBACH & HENDERSON By: V~ ~ .~ Herbert P. Henderson, II, Esquire Attorney for Plaintiff Attorney I.D. #56304 36 East King Street Lancaster, PA 17602 (717)295-9159 ~-~ ~_. ~ ~,. _ , ~a~%° -~' 1.1_I f... ;. a ...i_~ ) .. t ~3'l M~. .._. t ~ ..~., (.. ~ -r C C_r -.. ~±ru~+rxxa~ ,~~ e.+h «,_..rr~a~,ca au?a~~s v a vew, ,r~saneaw' ..- L:' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA, Plaintiff No. O1 - 4457 vs. SONDRA A McKINZEY, Defendant TO: SONDRA A. McKINZEY DATE: September 26, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A 7i7DGMENT 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. Legal Services, Inc. 7 North Hanover Street Carlisle, PA 17013 (717)243-9400 (717)766-8475 REIDENBACH & HENDERSON By: ~~ ~7. /f~ Herbert P. Henderson, II, Esquire Attorney for Plaintiff Attorney I.D. #56304 36 East King Street Lancaster, PA 17602 (717)295-9159 ,M~~~ ~: . c~ <-, :: - c.:. _. . „ ~} f', r~,;;: ~- ' :~ ~ ° ~~, s ., , ~...,~ , =' _ ; " ~ ~ j ~ c.~ : ~ . ~t - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO.OF PA, Plaintiff No. O1 - 4457 vs. ACTION IN MORTGAGE SONDRA A. McKINZEY, FORECLOSURE Defendant TO THE PROTHONOTARY: PRAECIPE Kindly enter judgment in favor of Plaintiff and against Defendant in the above captioned action for failure to file an Answer to Plaintiffs Complaint within twenty (20) days after service thereof and assess the Plaintiffs damages as follows: Principal Due $135,872.24 Delinquent Interest $ 27,422.33 Attorney Fee (5%) $ 6,793.61 TOTAL $170,088.18 plus costs of proceeding 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 the patty against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the notice is attached RC.P. 237.1 REIDENBACH & d4e~Fiert P. Henderson, H, ttorney for Plaintiff Attorney LD. #56304 36 East King Stteet Lancaster, PA 17602 (717) 295-9159 This i ~ day of IA/W. L , 2002, judgment is entered in favor of Plaintiff and against Defendant, Sondra A McKinney, by default for want of an answer and damages assessed at the sum of $170,088.18 as per the above certification. l Prothonotary, Cumberland County f~ ~. 3 C f ".h iJJ F'67!'7? C ~ "+. X13 ~~ ~> ~ ,1~:v ~ :~ ~ ~ , `~,c:i ~. ~ ~„ yid ~1 ~-- ~' ~ l ~ ~ ~ +~, ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY, dlbla BENEFICIAL MORTGAGE CO. OF PA, Plaintiff No. Ol - 4457 vs. ACTION IN MORTGAGE SONDRA A. McKINZEY, FORECLOSURE Defendant AFFIDAVIT AS TO MII.ITARY SERVICE PURSUANT TO LOCAL RULE 179 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND HERBERT P. HENDERSON, II, ESQUIItE, Attorney for Plairtiff' in the above captioned matter hereby depose and state that he is unable to ascertain whether Defendant is in the military service prusuant to the Soldiers' and Sailors' CivII Relief Act of October 17, 1940, as amended Sworn to and subscribed ) before me this ~ ~ ~~y ) of JU,d•IJL, , 2002. ) X11 ctcvr a Z'Yl. ~z~, v~,v~.-; Herbert P. Henclcerson, II, Esquire Attorney for Plaintiff Attorney LD. #56304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMERDISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA, Plaintiff No. O1 - 4457 vs. SONDRA A. McKINZEY, Defendant TO: SONDRA A. McKINZEY DATE: September 26, 2001 IMPORTANT NOTICE r'3 s'":, - _._. - v~~ ~, ;~ NT t.... ~.~~ - ~~' .r ~-:' .mot= ~_~ `'~ e a,x . .. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIliED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (1 O) DAYS FROM THE DATE OF TffiS NOTICE, A NDGMENT 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. Legal Services, Inc. 7 North Hanover Street Carlisle, PA 17013 (717)243-9400 (717)766-8475 REIDENBACH & HENDERSON By:_ 4 ~tk ~~. /~ Herbert P. Henderson, II, Esquire Attorney for Plaintiff Attorney I.D. #56304 36 East King Street Lancaster, PA 17602 (717)295-9159 } . '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA, Plaintiff No. O1 - 4457 vs. SONDRA A. McKINZEY, Defendant PROOF OF SERVICE I, HERBERT P. HENDERSON, II, ESQUIRE, of Reidenbach & Henderson hereby certify that on September 26, 2001 I mailed by first class mail a' copy of the Notice of Intention to Take Default Judgment in the above matter upon the following: Sondra A. McKinney 1 Delbrook Court Mechanicsburg, PA 17055 REIDENBACH & HENDERSON By: i/LI-a- K Herbert P. Henderson, II, Esquire Attorney for Plaintiff Attorney LD. #56304 36 East King Street Lancaster, PA 17602 (717)295-9159 s 1 ~ ~ ~ c, ~ ~, ~,~ w~,; ~-~ -> -„ ~. ~ cn~ ~F„ i ~: _ iu ~ D ~ ..36 ~~ ~` N ~~ 0 .~ w n _;~:~ '--:~ tf `lv~ A~1'$~ .:3 ^~ ~'~' ~.~uuue ,3~„ -s+n +t =?rrn¢wr~-~sw~wnr^w~s .~ ~~,,,,m.-vo-nn~e~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA, Plaintiff No. Ol - 4457 vs. SONDRA A. McKINZEY, Defendant ACTION IN MORTGAGE FORECLOSURE PRAECIPE FOR WRTT OF EXECUTION To the Prothonotary: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, against Sondra A. McKinney, Defendant, and direct the Sheriff to levy on 1 Delbrook Court, Mechanicsburg, PA 17055; Amount Due: Principal Balance due: $135,872.24 Delinquent Interest: $ 27,422.33 Attorney Commission: $ 6.793.61 / Total $170,088.18 together with costs of proceeding REIDENBACH & HENDERSON Dated: ~ t (~ I Ua By ~ H ert enderson, II, Esquire A orn I.D. No. 56304 36 East King Street Lancaster, PA 17602 (717)295-9159 Attorney for Plaintiff -..~ \~ ~~` 1, T ~ ~, ~, ~, ~~ ,;, a ~ _) ri G ~. -a« -,:_ 1 ~.. .,n `T -.. l~ ~ (~- ~~ ; ll~ ~~`` ',e~i~ ~) ='.-kma f '~. ~ f ,. r,'a .~,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA, Plaintiff No. Ol - 4457 vs. SONDRA A. McKINZEY, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Beneficial Consumer Discount Company, doing business as Beneficial Mortgage Co. of Pennsylvania, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed to the following information concerning the real property located at 1 Delbrook Court, Cumberland County, Pennsylvania. 1. Name and address of Owner(s) or Reputed Owner(s): Sondra A. McKinney c% James M. Bach, Esq. 352 S. Sporting Hill Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) m the Judgment: Sondra A. McKinney c/o James M. Bach, Esq. 352 S. Sporting Hill Road Mechanicsburg, PA 17050 3. Name and address of every judgmeffi creditor whose judgment is a record lien on the real property to be sold: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive Elmhurst, II.60126 . ~,a . ., 4. Name and address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 5. Name and address of every other person who has any record lien on their property: Hamden Township Cumberland Courty Tax Claim Bureau c% Glen R. Grell, Esq. 1 Courthouse Square 240 N. 3`~ Street, Suite 600 Carlisle, PA 17013 Harrisburg, PA 17101 6. Name and address of every other person who has any record interest in the property and whose arterest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has lmowledge who has any interest in the property which maybe affected by the sale: None I verify the statements made in this Affidavit are true and correct to the best of my personal Imowledge or information and belief and aze based upon information received from Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania. I understand that false statements herein are made subject to the penalties of 18 PA C. S. Section 4904 relating to unswor falsification to authorities. Date: Sworn to and subscribed before me this 11th day of June, 2002. BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO.OF PENNSYL IA By: ' ~'OY rbert P. Henderson, II, ttorey for Plaimiff s~~s~. .,«~ . ~ ~~ c~ ~i ~ ;, ~,~~' r;^ ~~ S`J ~ ~ - t~ . -•.~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO.OF PA, Plaintiff No. O1 - 4457 vs. SONDRA A McKINZEY, Defendant TAKE NOTICE: That the Sheriffs Sale of Real Properly (real estate) will be held on September 4, 2002 on the 2id Floor of the Old Courthouse, Cumberland County Courthouse, S. Hanover Street, Cazlisle, PA 17013 at the prevailing local time designated by the Sheriff. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the properiy, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE ATTACHED DESCRIPTION) TIC LOCATION of your property to be sold is: 1 Delbrook Court, Mechanicsburg, PA 17055. THE JiIDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 01-4457 Civil Term THE NAME(S) of the OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY: Sondra A. McKinney A SCHEDULE OF DISTRIBUTION, being a list of fire persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be Sled by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in axordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is Sled Information about the Schedule of Distribution maybe obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, S. Hanover Street, Carlisle, PA 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIlVIE AND PLACE OF THE SALE OF YOIIR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Court Administrator 4"` Floor, Cumberland County Courthouse Cazlisle, PA 17013 (717)240.6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1, You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or comparry that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's deed is delivered 3. A petition or petitioner raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberhmd County at one of the Court's regulazly scheduled Business Court sessions. The petition must be served on the attorney for the creditor at least three (3) business days before presentation to the Court and a proposed order or rule must be attached to the petition. ff a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, S. Hanover Street, Cazlisle, PA 17013, before presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. REIDENBACH & HENDERSON By: '~/ rt P. Henderson, II, Esq. ttorney for Plaintiff Attorney I.D. #56304 36 East King Street Lancaster, PA 17602 (717)295-9159 to r, = ~ r~ F, E._ -1 mtr k. G_4 Z ~ a~i ' ' Ui:;:- It~S pp ~ l_~ ~1 Y~f~ l 1 • ~ ~ -,E ~~ y L-. ~~ ~:~~~ 6:- ar} -~ E D -~+ A ~+. ~{i£9~~F'"4'~+'~..s?1h"%q+FA~~9,HPo"R~~` f^esmn a =Vv..,..~44., ,- - -. _,-, x ~ ~ ..., 1 n~ isi~~,.nWw~l€-., ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA, Plaintiff No. Ol - 4457 vs. SONDRA A. MaKINZEY, Defendant LEGAL DESCRIPTION ALL THAT CERTAIN tract of land in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Del-Brook Court, 95 feet South of the Southwest corner of the intersection of Del-`. Brook Court and Del-Brook Road, also being at the dividing line between Lots Nos. 8 and 9, Block G, on hereinafter mentioned Plan of Lots; thence Southwazdly along the westerly line of Del-Brook Court being an azc or curve to the left, having a radius of 55 feet 42.3 feet to a point at the diving line between Lots Nos. 9 and 10, Block G, on said Plan; thence Southwestwazdly along the same, 230.33 feet to a point at the dividing line between Lots Nos. 9 and 3, Block G, on said Plan; thence Northwazdly along the dividing line between hots Nos. 9, 3 and 4 and 5, Block G, 145 feet to a point being at the dividing line of Lots Nos. 5,7 and 9 on said Plan; thence in an easterly direction along dividing line between Lots 7 and 9„ Block G, 62.57 feet to a point at the dividing line of Lots Nos. 8 and 9, Block G; thence in an easterly direction along same 105.47 feet to a point, being the place of Beginning. Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 8, Page 11. BEING THE SAME premises which Donald J. Conaway and Eva M. Kuntz, husband and wife, by their Deed dated December 14, 1998 and recorded December 14, 1998 in the office of the Recorder of Deeds in and for Cumberland County, in Deed Book 190, Page 1084 granted and conveyed unto Sondra A. McKinzey, single woman said grantor herein. (7''!71 „~.! '~ ~ t"' ~~ _.. -q p C" - ~n~ Gj~. y l5? "~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO O1-4457 Civil CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONS. DISC. CO., d/b/a BENEFICAL MORTGAGE CO OF PA PLANTIFF(S) From SONDRA A. McKINZEY, c/o JAMES M BACH, ESQ., 352 S. SPORTING HILL RD., MECHANICSBRG PA 17055. (1) You aze duetted to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 1 DELBROOK COURT, MECHANICSBURG PA 17055. (SEE ATTACHED 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/aze 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 duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $170,088.18 Interest $27,422.31 Atty's Comm $6,793.61 Atty Paid $107.80 Plaintiff Paid Date: NNE 12, 2002 REQUESTING PARTY: Name HERBERT P. HENDERSON, II, ESQ. Address: 36 E. KING ST. LANCASTER PA 17602 Attorney for: PLAINTIFF Telephone: (717) 295-9159 Supreme Court ID No. 56304 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prot By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY, d1b/a BENEFICIAL MORTGAGE CO. OF PA, Plaintiff No. Ol - 4457 vs. SONDRA A. McKINZEY, Defendant AFFIDAVIT OF SERVICE TO LIENHOLDERS I, Herbert P. Henderson, II, Esq., hereby certify that service was made on the following lienholders by sending copies of Notice of Sheriff Sale, Praecipe for Writ of Execution, and Affidavit Pursuant to Rule 3129.1 to them by U.S. First Class Mail Certified Mail: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 Hamden Township c/o Glen R. Grell, Esq. 240 North 3'~ Street Suite 600 Harrisburg, PA 17101 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 REIDENBACH & HENDERSON BY: Herbert P. Henderson, II, Esq. Attorney ID #56304 Attorney for Plaintiff 36 East King Street Lancaster, PA 17602 (717)295-9159 Sworn to and subscribed ) before me this ~ day ) of Seer' 2002. ) ce ) Notarial Seal Janet C. Christolfel, Netanr public Lancaster, Lancaster County My Commission Expires Apr. t2, 2004 ,.,,x.a~~;A ~... k e s r ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so„that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~t~mo'.~-~ ~wr,sh~~~ c(o C~l~n ~. C-~re.<<I G~~ ~~o ~( ~Y~~ 3"~ ~~~k S li ~ ~-2. ~1-ICI,~~i~.-rG~~~Y~ I~-ID~ A. Signa re X ~~ ^ Agent ^ ddressee B. Received b Printed Name) C. Date f eli Kt~-~ ~-tle~ D. Is delivery ~ddress different from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type Certified Mail ^ 6cpress Mail ^ Registeetl Return Receipt for Merohantlise ^ Insuretl Mail G.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number J-~ n(y~ ~/ I nI~ ~1 ~ ~~~ P~~ (transfer from service label ~~-IvY-AI. t~~ ` o PS Form 3811, August 2001 Domestic Retum Receipt to2ses.or-M-zsbs ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. ^ Agent X r ~~--~~ Addre B. Received by (Printed Name) C. Qete r~fpef D. Is delivery address different from item 1? U Yes If YES, enter delivery address below: ^ No 3. Service Type Certified Mail ^ Express Mail ^ Registered Return Receipt for Merchandise ^ Insured Mail G.O.D. 4. Restricted Delivery? (Ezt ra Fe e) ^ Y es 2. Article Numher ''L.7~A,~ (transfer /rom service label) ~~ ~~JJ`"' ~~ 3 1~ W`~s "'~. W W t - -f ~ ~~^~ v/ 11 I lJ O`' l7 ~ 1 1 PS Form 3811, August 2001 Domestic Return Receipt 1x2595-o1-M-2509' t. Article Addressed to: CU~~~1G~YlC~ CQ.~r~~ CIC~v~ ~ir~~ I C~~' Y ~v~ ~uQ-t'~ Cart~l ~ste I ~~ 1~0~~ ^ Complete items 1 „~,~nd 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, w on the front if space permits. 1. ArtlCle Addressed to: tL~tCtC~~ CSM5Jp1~J 1715CoLU1'F ~-N"'~(~~ q~~ WQ,1O~2,1 Drt,U~ A. Signature ~9 ~~a~ v d • '°Pry r" i ~~' _ ^ Addressee B. Received by (Printed Name) ~ C. Date of Delivery D. Is delivery adtlress different from item 1? u res If YES, enter delivery address below: ^ No S ervice Type 3. ~.. L +..L Certified Mail Express Mail ^ ^ Registered , ,/ d7-Return Receipt for Mechandise ^ Insured Mail ^ G.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2, Trticle Number J~~a ~ ~rOO oO'~ ~~/^~ I,^~~-J mnsfer from service label ~j~( G~ I r f XU Ps Form 3811, August 2001 Domestic Return Receipt to2595-02-M-1035 c} `-' o C v ~`, ~ U I' Cj _ y V'- ~:: ~ -_ {_; „~ _'i `7 _~ `" .n i ~ ° i v` =< COMMONWEALTH OF PENNSYLVANIA COiINTY OF CIJMBERLAND . ~ 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 Consumer Disc Co is the grantee the same having been sold to said grantee on the 6th day of Nov A.D., 2002, under and by virtue of a writ Execution issued on the 12th day of June, A.D., 2002, out of the Cour# of Common Pleas of said County as of Civil Term, 2001 Number 4457, at the suit of Beneficial Cons Disc Co dba Beneficial Mt¢ Co of Pa against Sondra A McKinzev is duly recorded in Sheriff's Deed Book No. 254, Page 3294. .l~~u+~i-t-a/ , A.D. 2002 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this V ~ day of Beneficial Consumer Discount Company In The Court of Common Pleas of d/b/a Beneficial Mortgage Co. of PA Cumberland County, Pennsylvania VS Writ No. 2001-4457 Civil Term Sondra A. McKinzey R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, in the following manner: The Sheriff mailed a pendency of the action by certified mail, restricted delivery, deliver to addressee only, return receipt requested, to one of the within named defendants, to wit: Sondra A. McKinney, at her last known address of 1751 Eagle Watch Drive, Orange Park, FL 32003. This letter was mailed under the date of September 3, 2402. Letter was received and signed for by Sondra A. McKinney on September 6, 2002 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on August 7, 2002 at 5:44 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 Sondra A. McKinney located at 1 Delbrook Court, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Sondra A. McKinney, by regular mail to her last known address of 1751 Eagle Watch Drive, Orange Park, FL 32003. This letter was mailed under the date of September 17, 2002 and never returned to the Sheriff s 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 Court House, Carlisle, Cumberland County, Pennsylvania, on November 6, 2002 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Herbert Henderson, II for Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania. It being the highest bid and best price received for the same, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvnaia of 961 Weigel Drive, Elmhurst, IL 60126, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $818.37. Sheriffs Costs: Docketing $ 30.00 Poundage 16.05 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 i ~~~ Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 16.56 10.16 15.00 20.00 20.00 325.85 203.55 25.20 25.00 39.50 $ 818.37 paid by attorney 11/20/02 Sworn and subscribed to before me S~pv t ~~~~Q This q ~ day of I,~L„~.~, R. Thomas Kline, Sheriff 2002, A.D.__ <~ }ryi, 69.. , aD~ay, BY Prot onotary Real Estat eputy C~ h~'~ 3° ~~ ~ .~ ~,~, 35 ~i39 ~.. i3z 36q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA, Plaintiff No. O1 - 4457 vs. 50NDRA A. McKINZEY, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Beneficial Consumer Discount Company, doing business as Beneficial Mortgage Co. of Pennsylvania, Plaintiff in the above action, sets forth as ofthe date the Praecipe for the Writ of Execution was filed to the following information concerning the real property located at 1 Delbrook Court, Cumberland County, Pennsylvania. 1. Name and address of Owner(s) or Reputed Owner(s): Sondra A. McKinzey c% James M. Bach, Esq. 352 S. Sporting Hill Road Mechanicsburg, PA 17050 2. Name and address of Defendant(s) in the Judgment: Sondra A. McKinzey c% James M. Bach, Esq. 352 S. Sporting Hill Road Mechanicsburg, PA 17050 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 i 4. Name and address ofthe last recorded holder of every mortgage of record: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 5. Name and address of every other person who has any record lien on their property: Hamden Township Cumberland County Tax Claim Bureau c/o Glen R. Grell, Esq. 1 Courthouse Square 240 N. 3`' Street, Suite 600 Carlisle, PA 17013 Hamsburg, PA 17101 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiffhas lmowledge who has any interest in the property which may be affected by the sale: None I verify the statements made in this Affidavit are tme and correct to the best of my personal larowledge or information and belief and are based upon information received from Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania. I understand that false statements herein are made subject to the penahies of 18 PA C.S. Section 4904 relating to unswom falsification to authorities. Date: Sworn to and subscribed before me this 11th day /o}f/~~JUne, 2002~.~,/ NOTARIALSEAL ~ Mpl-RI1 M. KEENER, NOTARY PUBLIC CITY OF LANCASTER, LANCASTER CO. MY COMMISSION E%PIRES MAY 13 2006 BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PENNSYLZd+ANIA By: ~ ~ ~f rbert P. Henderson, II, ttorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION - LAW- BENEFICIAL CONSUMER DISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA, Plaintiff No. O1 - 4457 V5. SONDRA A. McKINZEY, Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held on September 4, 2002 on the 2"" Floor of the Old Courthouse, Cumberland County Courthouse, S. Hanover Street, Carlisle, PA 17013 at the prevailing local time designated by the Sheriff. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE ATTACHED DESCRIPTION) THIi LOCATION of your property to be sold is: 1 Delbrook Court, Mechanicsburg, PA 17055. THE NDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 01-4457 Civil Term TI-IE NAME(S) of the OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY: Sondra A. McKinney A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is Sled Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, S. Hanover Street, Carlisle, PA 17013, (717) 240-6390. TffiS PAPER IS A NOTICE OF THE TIME AND PLACE OF-THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Court Administrator 4s' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a gossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitioner raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor at least three (3) business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, S. Hanover Street, Carlisle, PA 17013, before presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. REIDENBACH & HENDERSON bert P. Henderson, II, Esq. ttorney for Plaintiff Attorney LD. #56304 36 East King Street Lancaster, PA 17602 (717)295-9159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BENEFICIAL CONSUMERDISCOUNT COMPANY, d/b/a BENEFICIAL MORTGAGE CO. OF PA, Plaintiff No. Ol - 4457 vs. SONDRA A. McKINZEY, Defendant LEGAL DESCRIPTION ALL THAT CERTAIN tract of land in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Del-Brook Court, 95 feet South of the Southwest corner of the intersection of Del-`. Brook Court and Del-Brook Road, also being at the dividing line between Lots Nos. 8 and 9, Block G, on hereinafter mentioned Plan of Lots; thence Southwazdly along the westerly line of Del-Brook Court being an arc or curve to the left, having a radius of 55 feet 42.3 feet to a point at the diving line between Lots Nos. 9 and 10, Block G, on said Plan; thence Southwestwazdly along the same, 230.33 feet to a point at the dividing line between Lots Nos. 9 and 3, Block G, on said Plan; thence Northwazdly along the dividing line between Lots Nos. 9, 3 and 4 and 5, Block G, 145 feet to a point being at the dividing line of Lots Nos. 5,7 and 9 on said Plan; thence in an easterly direction along dividing line between Lots 7 and 9„ Block G, 62.57 feet to a point at the dividing line of Lots Nos. 8 and 9, Block G; thence in an easterly direction along same 105.47 feet to a point, being the place of Beginning. Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 8, Page 1 1. BEING THE SAME premises which Donald J. Conaway and Eva M. Kuntz, husband and wife, by their Deed dated December 14, 1498 and recorded December 14, 1998 in the office of the Recorder of Deeds in and for Cumberland County, in Deed Book 190, Page 1084 granted and conveyed unto Sondra A. McKinney, single woman said grantor herein. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CLIMBERLAND) NO O1-4457 Civil CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONS. DISC. CO., d/b/a BENEFICAL MORTGAGE CO OF PA PLANTE?F(S) From SONDRA A. McKINZEY, c/o JAMES M BACH, ESQ., 352 S. SPORTING HILL RD., MECHANICSBRG PA 17055. (1) You are duetted to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 1 DELBROOK COURT, MECHANICSBURG PA 17055. (SEE ATTACHED LEGAL DESCRII'TION.) (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/are 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 $170,088.18 Interest $27,422.31 Atty's Comm $6,793.61 AttyPaid $107.80 Plaintiff Paid L.L. $.50 DueProthy $1.00 Other Costs Date: JUNE 12, 2002 REQUESTING PARTY: Name HERBERT P. HENDERSON, H, ESQ. Address: 36 E. KING ST. LANCASTER PA 17602 Attorney for: PLAINTIFF Telephone: (717) 295-9159 Supreme Court ID No. 56304 CURTIS R. LONG Prothonotary, Civil Division By: Real Estate Sale # 82 On June 18, 2002 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 1 Delbrook Court, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 18, 2002 By:J~CQ,z~~v,~-~ Real Estate Deputy ~~. ,. J •:,a~~ ,; ~ y~3 i' I. ~_~ - t. j t, f+~~"'~ ~ ~~'~ raj"ti" h~ e s~•. -- €+nn+cxl~ „a ~^x~5!ar[ti r'+ r i ~.Fr^ r e.:. x€- e m .,,~s~ nc~x _~.'si~ 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. Roger M. Morgenthal, 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 regulaz editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. l R ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST. 2002® E. SNYDER ~q~y Exa~ee Mere 5, X06 R~BAi. ESTATE. SALE PiO. 82 Wdt No. 2001-4457 Civil Beneficial Consumer Discount Company d/bJa Beneficial Mortgage Co. of PA vs. Sondra A. MdSinzey Atty.: Herbert Henderson II LEGAL DESCRIPTION ALL THAT CERTAIN tract of land in Hampden Township, Cumberland County, Pennsylvania, more par- ticulazly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Del-Brook Court. 95 feet South of the Southwest corner of the intersection of Del-Brook Court and Del-Brook Road, also being at the dividing line between Lots Nos. 8 and 9, Block G, on here- inafter mentioned Plan of Lots; thence Southwazdly along the west- erly line of Del-Brook Court being an arc or curve to the left, having a radius of 55 feet 42.3 feet to a point at the diving line between Lots Nos. 9 and 10, Block G, on said Plan; thence Southwestwazdly along the same, 290,33 feet to a point at the dividing lhae between Lots Nos. 9 and 3, Hlock G, on said Plan: thence Northwardly along the dividing line between Lots Nos. 9, 3 and 4 and 5, Block G, 145 feet to a point be- ing at the dividing line of Lots Nos. 5, 7 and 9 on said Plan; thence in an easterly direction along dividing line between Lots 7 and 9, Block G, 62.57 feet to a point at the di- viding line of Lots Nos. 8 and 9, Block G; thence in an easterly di- rection along same 105.47 feet to a point, being the place of Begtnnin~. Office of the Recorder of Deeds In and For Cumberland County, fin Plan Book 8, Page 11. ~~, BEING THE SAME premisee,s which Donald J. Conaway and Eta M. Kuntz, husband and wife, b~ their Deed dated December 1~, 1998 and recorded December 1 1998 in the office of the Recorde~ of Deeds in and for Cumberlan County, in Deed Hook 190, Pag 1084 granted and conveyed Sondra A. McKinzey, single w said grantor herein. - - ~ >E" THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAd No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the 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 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of 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 Sworn to and subscribed before me~'ts 14th day o~guat~002 A.D. SALE #82 ' REALETATESALENo. 82 `~' - 1PIt No. 200t-4457 --_ - CIvIITerm _~~- ®eneficial Consumer _ ~-Discount Co. d/b/a _ ~ 8ertetictal Mortgage Co. -~ -~of Pennsylvania - Sondra A. McKinzey '- Atty: Herpert Henderson II ~FSCItIPTJON ~11L THAT cERTiwv imet of land in Hampden -.4~ownship, Cambcrland County, Pennsylvania, " more'parGdularly bounded and described az ''r,~oAewt, to wit: "=DEGINNING_at a point on [he westerly line of ,lSelBreok Ccutt. 95 feet South of ihe'Southwest Iso being at the dividing line s. B and 9, Block G; on ~nea Plan of Lots; thence the westerly Bne of Del Brook or cueve to the lef4 Having a 423 feet to a point at the en Lots No.9 and l0, Block G, th dI al th Notarial Seal ~ ~ / Teny L. Russell, Notary Public CiryDfHanisburg,DauphinCounry NO ARY PUBLIC - Ay Commission FxpiresJune 6, 2006 __, ___,____,,,,;,,,,,,rr,~„ds y commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFfCE CUMBERLAND COUNTYCOURTHOUSE_ 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 $ 201.60 Probating same Notary Fee(s) $ 1.75 Total $ 203.35 rce Sou westwar y ong e _ AdVertlSln Cost to a point at the dividing line 9 9 and 3,Bmek G, on solo Plan; - publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general dty along tho dividing line 9; 3-ahd4 and 5, Block G, 145 )e receipt of the aforesaid notice and publication costs and certifies that the same have ing at the dividing 1'me of Lots i said Plan; tlxnce m an easterly I viding line between Lots 7 and i 7 feet m a point a[ the dividing 8 and 9, Block G; thence in an By .................................................................... alone same 103.47 feet to a p-,Df~e o~'ifie Recorder of Deeds in and fm - ~Cumbedanrj County, in P1anBook 8, Page 11. ;hBEIPIG TAE SAME premises which Donald J. ° Conawayan~ Eva M. Kuntz, husband and wife, ~=by thew Deed dated December 14, 1998 and recorded December l4, f998 in the Office of the , Recorde.~of Deeds b and for Cumberland Cowry. -in-DeerL Hook 190, Page 1084 grznted and ,.,,,uP.vnl unto Sondm A. MclGnzey, single