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Home My WebLink About07-3193McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 V. William Nieves a/k/a William A. Nieves, Jr. 2115 Walnut Bottom Road Carlisle, PA 17013 and Pamela Nieves a/k/a Pamela J. Nieves 14 Bentley Place Carlisle, PA 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number C) ~f 3 ?Q3 ! v ?,? CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 V. William Nieves a/k/a William A. Nieves, Jr. 2115 Walnut Bottom Road Carlisle, PA 17013 and Pamela Nieves a/k/a Pamela J. Nieves 14 Bentley Place Carlisle, PA 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number Q'7 - 3 I Q3 ! v C 1. ??L: CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is William Nieves a/k/a William A. Nieves, Jr., who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 2115 Walnut Bottom Road, Carlisle, PA 17013. 3. The Defendant is Pamela Nieves a/k/a Pamela J. Nieves, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 14 Bentley Place, Carlisle, PA 17013. 4. On 09/17/2001, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1733, Page 2672. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 2115 Walnut Bottom Road, Carlisle, PA 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/30/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 189,531.26 Interest through 04/16/2007 $ 32 273.91 (Plus $ 38.95 per diem thereafter) Attorney's Fee $ 9,476.56 Corporate Advances $ 793.00 Title Search $ 200.00 GRAND TOTAL $ 232,274.73 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $232,274.73, together with interest at the rate of $38.95 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND..GONWAY, P.C. BY: Attorneys for laintiff TERRENCE J. MXAB ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE , APB ew L, FJc? ut/fF VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. BY: Attorneys for Plai iff TERRENCE J. Mc BE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 7//PJ/S-00i_'tVdSG ROBEI 1 O. ZI.EOLER RECORIDEFAF DEEDS 6UMBERLARD COUNTY-PA 711715 MORTGAGE U1 SEP 1$ PIS 2 3`I a IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND SECURES FUTURE ADVANCES. - THIS MORTGAGE is made this day 17TH 'of SEPTEMBER 2001 , between the Mortgagor; WILLIAM. N I EVES AND PAMELA- N I EVES, NOT STATED CI-AL MORTGAGE'CO OF a corporation organized and existing under the laws of F'tNNSYLVAN I A whose address is 419 STONEHEDGE OR I VE , SU I TE 2 , C L , PA (herein "Lender __ , _ , - a The following paragraph preceded by a checked box is applicable. X WHEREAS, Borrower is indebted to Lender in the principal sum of $ 197,029.73 evidenced by Borrower's- Loan Repayment; and Secu_ rity Agreement or Secondary ortgage an Agreement dated SEPTEMBER 17, 2001 and any extensions or renewals thereof (herein "Note"), providing or mont y installments o principal and interest, including any adjustments to the amount of payments or the contract rate if.that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on SEPTEMBER. 17; - 2031; a WHEREAS, Borrower is indebted to Lender in the principal sum of $ or so much thereof as may be advanced pursuant to Borrower's Revolving an Agreement dated and extensions and renewals thereof (herein . "Note"), - providing for mont y insta lments, an interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and .providing for a credit limit stated in the principal sum above and an initial advance of $ ; TO SECURE to Lender the repayment of • (1) the indebtedness evidenced by the Note, with interest thereon., including any increases if the contract"rate'is variable; (2).future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assikns-the following. described property- located in the County of CUMBERLAND 'Commonwealth of Pennsylvania: ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF DICKENSON THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 12/29/2000 AND RECORDED 12/29/2000, AMONG THE LAND RECORDS O?FnTHaE COUNTY AND STATE SET•FORTH ABOVE, IN DEED VOLUME 236 03-0-?a?r AGE 1127. TAX MAP OR PARCEL ID NO.: 08-10-0628-062 pA0012A1 x177025515494MTG9000PA0012A10?"NIEVES " GRIGIML r l' n BK 1 T3?3`PG2672? `I`I ICI(????IIIIIIIII???a?111®®?????Illllllllf IIIIII . b; ?- -2- TOGETHER : with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold)-are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest at Variable Rates, This mortgage secures all payments of principal and interest due on a variable rate loan. The contract rate of interest and payment amounts may be subject to change as provided in the Note. Borrowers shall promptly pay. when due all amounts rewired by the Note. ? 2. Funds for Tixes and Ins su'" an Subje'to applicible•law?or'wiiver'by'I ender, Borrower shall ' pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made, The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable priorMthe due dates_of_taxes, assessments,:insurancx>premiums.and.ground:rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option; either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this -Mortgage, Lender shall promptly refund to Borrower any funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property 03-01-01 MTG *177025615494MTG9000PA0012A20NNIIEVES ¦ ORIGINAL PA0012A2 BK 17,,;3f3YG12 6 7 3;. , % I... k . 1 . , I lu -3- is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender; any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Except for loans made•.pursuant to the Pennsylvania Consumer Discount Company Act, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest, and then to the principal. 4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. _ Y--5.-Hazard-16surance: Borrower- shall'keep tKe improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower. subject to approval by. Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30-days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to- collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. -Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or itany_action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's i nterest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 03-01-01.MTG PA0012A3 II?V??II?A???????IIII?IIIIII?IIIIIII?I?Ogl?l?????l?l?lll?? W177025615494MTG9000PA0012A30N„NIEVES ORIGINAL BK 17 3 3iPG Z 6'7 4 -4- 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of.the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums securai,.by this Mortgageby reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exeressi g any right or remedyhereunde"r; or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such noticeby certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event.that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without. the conflicting provision„and,togthis;end.the.provisions-of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 03-01-01 MTG PA0012A4 loll IN IN 1q 111111 1111111 11111111011 x177025615494MT69000PA0012A40*"IEVE3 K ORIGINAL BK i 733PG.g.675 , ? ?,? -5- 16. Transfer'of the•Propeity. If Borrower-sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation'of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of 'any leasehold Interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the transferee... Borrower will continue to -be' obligated. under the - Note =arid- ihis 'Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph. 12 hereof. Such notice.shall provide a period of not less than .30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NONUNIFORM COVENANTS: Borrower and Lender further covenant and agree as follows: 17: Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage,' including the covenants to pay when- due- any sums secured' by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the 'date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice'.shall further inform.Borrower of the right to reinstate after acceleration and the right Ito assortyin the foreclosure proceeding the nonexistence of a default or any other defense of Borrower "to accelerafion and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this rMortgago bye. judicial proceeding.:.Lender_ shall be_entitled. to collect in_such.proceeding all "expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence,. abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or 03-01-01 MTG. PA0012A5 •? ?iI?I???II?????ll?lll?l??ll?llll??ll??l?l?llilfl?ll? M111025615494MT09000PA0012A50M"NIEVES K ORIGINAL BK 1733PG267°6r' ,*, ! 't .,c -6- agreements of Borrower contained in ,this Mortgage; (c) "Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower-- contained--in- this- Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue•unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable. .. Upon acceleration under paragraph?7 hereof or abandonment of the Property, Lender shall be entitled to have a receiver appointed by a court to enter upon takd possession.-df and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage' without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property under state or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note.. I ccrtliy this to he recorded In Cumberland County PA 03-01-01 MTG 1011IN1®1®1MIN "177025615494MT09000PA0012A60"NWIEVES .r 1 t Y4 ?????s• ? ??1? Aeeorder of Deeds. PA0012AS E1111111011 ORIGINAL 01/ 01 % 1733PG2677`' ;; -7- REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. • _ •. I Jc?X/ v? ?1 ? r• / ?LA NIE S - :Borrower - ~ I hereby certify that the precise address of the Lender (Mortgagee) is: 419 STONEHEDGE DR SUITE 2 YLVANIA, MICAL K LEE Title: A. E. On behalf of the Lender. By. COMMONWEALTH OF County SS: CUMBERLAND I, NANCY j, - pIT7.v.L a Notary Public in and for said county and state, do hereby certi y t at WILLIAM NTEVES AND PAMELA NIEVES personally known to me to the same persons whose name(s) ARE su rlbed to the foregoing instrument, appeared before me this'day in person, and acknow ge that T he signed and delivered the said instrument as THF:TR free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 17TH' day of SEPTEMBER '2001 My Commission exp ti??iiq?j?_ Z?b?!r 4% !y x w.? , ~!i.M ±f i t:'?' o=r?f?' a: 03-01-01 MTG - WTAM SM - NANCY J. DR ZEt.. No" Ptfa Caftf% 10wbaftid Cosdlty It4y Comp dr-Im EON Ae ?.3, 2 NANCY nnJ??(i D'1Tee??ZttEI:-gipp??"ee pp BE PANY D/B/A NEFIN1GONSUMERwDiSC C& BENEFICIAL MORTGAGE CO. OF PA. 419ySTONEHEDGE DNITE 2 CARLISLE, PA. 17013 (Address) (Space Below This Line Reserved Por Lender and Recorder) Return To: Records Processing Services 577 Lamont Road PA0012A7 ®® ??pp pp??Elmhurst, I,,, 601126 'I'nI?I'p mm ?p ??IW???I®???????IIII??IINIW?1???lYWI??I11?U11 k177025615494MT09000PA0012A70NNNIEVES ORIGINAL BKI733PG2678 D #. C= 1'p Y p° ? ' --C 'p Id -, Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-929 MEMBERS I"' FEDERAL CREDIT UNION PLAINTIFF Vs. E. MICHAEL PETERS DEFENDANT TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.: 07-3198 Civil Term CIVIL ACTION-LAW PRAECIPE Please enter judgment in the above captioned proceeding in favor of Members 1St Federal Credit Union, Plaintiff, and against the Defendant, E. Michael Peters, as follows: Count 1: Judgment in the amount of Six Thousand Three Hundred Seventy-two and 00/100 Dollars ($6,372.00) together with additional attorney's fees and costs of suit and interest at the legal rate on and after the entry of judgment on the complaint. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of E. Michael Peters to Plaintiff's Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Count II: Judgment in the amount of Three Thousand Four Hundred Eighty-four and 37/100 Dollars ($3,484.37) together with additional attorney's fees and costs L ° of suit and interest at the legal rate on and after the entry of judgment on the complaint. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of E. Michael Peters to Plaintiff's Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Respe 9awlY submitted, Date: July 9, 2007 r'" e --- - - arl M. Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff I hereby certify that notice of intent to take a default judgment was forwarded to E. Michael Peters by United States Mail, first class, postage prepaid on June 25, 2007. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Form 3817 are attached hereto and marked Exhibit "A". Karl M. Ledebohm, `Esquire --ft .4 1 MEMBERS I ST FEDERAL CREDIT UNION PLAINTIFF Vs. E. MICHAEL PETERS DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-3198 Civil Term CIVIL ACTION-LAW IMPORTANT NOTICE TO: E. Michael Peters 30 Emlyn Lane Mechanicsburg, PA 17055 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF Y6u IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: June 25, 2007 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800)990-9108 Respectfully submitted, i 'rj/ Karl IGI. I edebohm, Esq. Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 Attorney for Plaintiff L 11/1 " ) e, J s 5 1 $ MM I? a ? m o j C !- wl??? c N` 07yN " X17700 n EXHIBIT "A" 'b? 164 rz o + 0000 ro ?? C? ? ? -rt cam.. ? -rt CD _:c_.s SHERIFF'S RETURN - REGULAR -CASE NO: 2007-03193 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS NIEVES WILLIAM ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NIEVES WILLIAM AKA WILLIAM A NIEVES JR the DEFENDANT , at 1450:00 HOURS, on the 8th day of June 2007 at 115 S HAVOVER STREET CARLISLE, PA 17013 WILLIAM NIEVES by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .58 Surcharge 10.00 .00 4)2y1ol 9, 33.38 Sworn and Subscibed to before me this day of , So Answers:} WOW R. Thomas Kline 06/15/2007 MCCABE W By: A. D. SHERIFF'S RETURN - REGULAR • CASE NO: 2007-03193 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS NIEVES WILLIAM ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NIEVES PAMELA AKA PAMELA J NIEVES the DEFENDANT , at 2112:00 HOURS, on the 14th day of June , 2007 at 5412 LEGENE LANE ENOLA, PA 17025 PAMELA NIEVES by handing to 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 Service Affidavit Surcharge 6.00 23.04 .00 10.00 .00 39.04 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/15/2007 MCCABE WEISB CO AY By: Depu Sheriff A.D. SHERIFF'S RETURN - NOT FOUND 'CASE NO: 2007-03193 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS NIEVES WILLIAM ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named NIEVES PAMELA AKA PAMELA J unable to locate Her in his COMPLAINT - MORT FORE , -,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT NIEVES but was bailiwick. He therefore returns the the within named DEFENDANT NIEVES NOT FOUND , as to , NIEVES PAMELA AKA PAMELA J 14 BENTLEY PLACE CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So Docketing 6.00 Service 4.80 _ Not Found 5.00 ;She R. Thomas Kline Surcharge 10.00 iff of Cumberland County 00 25 BE WEISBERG CONWAY 06/15/2007 Sworn and Subscribed to before me this day of , A. D. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. William Nieves a/k/a William A. Nieves, Jr. Pamela Nieves a/k/a Pamela J. Nieves Cumberland County Court of Common Pleas Number 07-3193 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $232,274.73 Interest from 4/17/2007 - 8/20/2007 $ 4.907.70 TOTAL $237,182.43 McCABE, WEISBE?Rg4j,AND CONWAY, P.C. BY: r-- --- Attorneys Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, this day of , 2007, Judgment is entered in favor of Plaintiff, Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania and against Defendant(s) William Nieves a/k/a William A. Nieves, Jr. and Pamela Nieves a/k'a Pamela J. Nieves and damages are assessed in the amount of $237,182.43, plus interest and costs. BY THE PROTHONOTARY: o W W 1 . r7a ;r-IY { IV /1tN t°Lar 01 :6 WV ?Z 9 V LODZ AHViQ NtrH. 0jd 3H110 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 11616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. William Nieves a/k/a William A. Nieves, Jr. Pamela Nieves a/k/a Pamela J. Nieves Cumberland County Court of Common Pleas Number 07-3193 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant(s), William Nieves a/k/a William A. Nieves, Jr., is over eighteen (18) years of age, and resides at 115 S. Hanover Street, Carlisle, PA 17013; and Pamela Nieves a/k/a Pamela J. Nieves is over eighteen (18) years of age, and resides at 5412 Legene Lane, Enola, PA 17025. McCABE, WE[SB iD CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 21st DAY OF Aug, 2007. a?r,Ce OTARY PUBLIC Cp!r91wtONYY?. 0!- PENNSYLVANIA NOTARIAL SQL GLORIA D. MITCHELL. Notaryy Nb5C MV Jame 2, 2611 Request for Military Status Pagel of 2 Y Department of Defense Manpower Data Center JUL-05-2007 07:53:56 Military Status Report ?F Pursuant to the Servicemembers Civil Relief Act ??. Last Name FirsVWddle Begin Date Active Duty Status ServicelAgency NIEVES William A Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. IA. JI(II, fog 44, Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: h:/Jwww.defenselink.miUfaq?is/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scm.pre?_ 715/2007 Request for Military Status Page 2 of 2 1 -1 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:SDXSGHSORF https://www.dmde.osd.mil/scra/owa/scra.prc_Select 7/5/2007 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Pagel of 2 JUL-05-2007 07:57:28 Last Name First/Middle Begin Date Active Duty Status Service/Agency NIEVES Pamela Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. &vt A Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: htt ://www.defenselink.mil/faa/nis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/5/2007 Request for Military Status Page 2 of 2 .r by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: RNZSJPWFUK https://www.dmdc.osd.mil/scra/owa/scra-pri;_Select 7/5/2007 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. William Nieves a/k/a William A. Nieves, Jr. Pamela Nieves a/k/a Pamela J. Nieves Cumberland County Court of Common Pleas Number 07-3193 CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". McCABE,WEISBE ANgONWAY, P.C. BY. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 21 st DAY OF Aug, 2007. 0"' PE:`:RiS LYLVAN$A GLORIA LEAVC;- E L. No°. ry Pubk OTARY PUBLIC City of Ph Weviia, mda. ,?, Comm- w EMmJuna 2, 241 t OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary July 5, 2007 To: William Nieves a&la. William A. Nieves, Jr. 115 S. Hanover Street -- Carlisle, PA 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. and ---- Pamela Nieves Cumberland County Court of Common Pleas Number 07-3193 Civil erg -NOTICE, RULE 237.5 -- NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU W17HOUTAHEARINGANDYOUMAYLOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATIONABOUTAGENCIES THATMAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 USTED SE ENCUENTRA EN ESTADO DE REBELDIA FOR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y FOR NO HABER RADICADO FOR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y LISTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAci& ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGBLES EN UN HONORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 TJM/hm-- - QUI EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE ANDREW L. MARKOWITZ. ESQUIRE --- McCABE, WEISBERG CONY , SIC- BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQ MARC S. WEISBERG ES OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary July 5, 2007 To: Pamela Nieves a/k/a PameTa 7. Nieves 5412 Legene Lane Enola, PA 17025 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania - vs. -- and -PamelaNievea a,Wa Cumberland County Court of Common Pleas Number 07-3193 Civil Term _ _ N.RULE 237.5 NOTICE OFRAECIhEfiO ENTER JUDGMENT BY DEFAULT-- IMPORTANT N YOU ARE IN DEFAULT BECAUSE YOU HAVE TAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINSTYOU WrMOUTAHEARINGAND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUTAGENCIES THATMAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION BNORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRrro CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDERBIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUED£ SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG BY: 'AY, P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE' MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE VERIFICATION The undersigned, wry en cv 1.17 NQ , hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unworn falsification to authorities. McCABE, WEISBEI&G AND CONWAY, P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: William Nieves a/k/a William A. Nieves, Jr. 115 S. Hanover Street Carlisle, PA 17013 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. William Nieves a/k/a William A. Nieves, Jr. Pamela Nieves a/k/a Pamela J. Nieves Cumberland County Court of Common Pleas Number 07-3193 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. g Proth notary Judgment by Default Money Judgment Judgment in Replevin - Judgment for Possession If you have any questions concerning this Judgment, please call McCabe Weisbag and Conway P.C. at (215) 790-1010 C? ?+' p r.',. ? ? ?.. r-r'? ; ; ? ' ? s?? ? _. ? ? .? ? 7 '?„1N ? `T ? Y ? 4 ./ ?.,_. ? ? ? ry ? y ?P A OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Pamela Nieves a/k/a Pamela J. Nieves 5412 Legene Lane Enola, PA 17025 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. William Nieves a/k/a William A. Nieves, Jr. Pamela Nieves a/k/a Pamela J. Nieves Cumberland County Court of Common Pleas Number 07-3193 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. urtis R. Lo rothon ry - Judgment by Default ..- Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conway. P.C at (215) 790-1010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania V. William Nieves a/k/a William A. Nieves, Jr. Pamela Nieves a/k/a Pamela J. Nieves FILE NO.: 07-3193 Civil Term AMOUNT DUE: $237,182.43 INTEREST: from 8/21/2007 - 12/05/2007 $4,171.93 at $ Per Diem ATTY' S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 2115 Walnut Bottom Road. Carlisle. PA 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature: Print Name: MCCABE, WEISBERG AND CONWAY Address: 123 S. Broad Street. Suite 2080 Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. l" Q ? L V oc% iZI-IN P M G !Li •P ?'l 11.s? ? J ;'C !4 O .So n Cw V ? to -n K? 1 ST' T? t{ySF': r W-Cy, ? °`' m ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-3193 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff (s) From William Nieves a/k/a William A Nieves, Jr. Pamela Nieves a/Wa Pamela J. Nieves (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows:. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $237,182.43 L.L. $0.50 Interest $4,171.93 $ Per Diem from 8/21/2007-12/05/2007 Atty's Comm % Due Prothy $2.00 Atty Paid $217.22 Plaintiff Paid Other Costs Date: August 24, 2007 (Seal) REQUESTING PARTY: Name Terrence J. McCabe, Esq Address: 123 S. Broad Street, Suite 2080 Philadelphia, Pa. 19109 Attorney for: Plaintiff Telephone: (215)790-1010 Supreme Court ID No. 164% 12 'IzAa RCptS-R Long, o By: Deputy McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Plaintiff V. Number 07-3193 Civil Term William Nieves a/k/a William A. Nieves, Jr. and Pamela Nieves a/k/a Pamela J. Nieves Defendants AFFIDAVIT PURSUANT TO RULE 3129 I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 2115 Walnut Bottom Road, Carlisle, PA 17013 (Tax Parcel #08-10-0628- 002), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name William Nieves a/k/a William A. Nieves, Jr. Address 115 S. Hanover Street Carlisle, PA 17013 Pamela Nieves a/k/a Pamela J. Nieves 5412 Legene Lane Enola, PA 17025 2. 3 4. 5 Name and address of Defendants in the judgment: Name William Nieves a/k/a William A. Nieves, Jr. Pamela Nieves a/k/a Pamela J Nieves Address 115 S. Hanover Street Carlisle, PA 17013 5412 Legene Lane Enola, PA 17025 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania Address 419 Stonehedge Drive Suite 2 Carlisle, PA 17013 961 Weigel Drive Elmhurst, IL 60126 Attn: Foreclosure Department Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Address 2115 Walnut Bottom Road, Carlisle, PA 17013 Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. August 20, 2007 McCABE, WE Tk AZ CONWAY, P.C. BY: ? Attorneys for Plaintiff TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE frl; r-,; t? .r McCABE, WEISBERG AND CONWAY, P.C. -- BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania VS. Cumberland County Court of Common Pleas Number 07-3193 William Nieves a/k/a William A. Nieves, Jr. Pamela Nieves a/k/a Pamela J. Nieves NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: William Nieves a/k/a William A. Nieves, Jr. Pamela Nieves a/k/a Pamela J. Nieves 115 S. Hanover Street 5412 Legene Lane Carlisle, PA 17013 Enola, PA 17025 Your house (real estate) at 2115 Walnut Bottom Road, Carlisle, PA 17013 (Tax Parcel #08-10-0628-002) , is scheduled to be sold at Sheriffs Sale on December 5, 2007 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $237,182.43 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C. at (215) 790- 1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 C' r7= t zx co 0 -:v -n crr7 -4c) LEGAL DESCRIPTION Aw. RYA? C3Q'i udo tract: of land situate in ili oki ToWn ip, CnwbdrissW Cft4ty, FOtLneyZvanla, bowvIad and described am >fallawsa BWZWAZKG Rt a point on the norther>t1 dedicimd fright og vxy 1AAs Cf1 the Walnut; Bottom Road, L.R. 35 # at the dividing line of Lots 1 and 2 as ahwo an the 1hA7C'O.in#4t*r seurloned 9tsbdivisian Plan; thence alaxg List; Mo. 1, North 36 deg-ea 04 minute¦ 24 seeemda Vast, a dirtatae a# 248.22 feet to a point at lands now ax faareaefriy of Linwood 9. Phillips, eft. at KI. t tltezwe along said latnde, North 54 dogs%ax N ininutes 07 trownds lost,. a diot&we of 179.77 feet to a point Rt Lot 1ta. 31 thence along &ati Rb. 3 06Ath 86 degrees 04 minutes 74 zooonds Rant $ a distlinae of 202,6S feat to a paint an the no*tha= Right of way line of hal=t fadtten Road, b,R. 331 thence South 45 dagMaa is minutes 32 unwads Rest, a dint:ance of es.e3 feet to a point;. thence South 44 dtgreos 44 minUtaw 33 sownda went, a distaftee of 94.06 feet; to a point, tixe Plrke * of f?BGY1i??fNCi. DEXlia Lot no. 2 of Fii3tal Vubdivision Plan of Soody Udg% dated Pabfta ry 1rp, 1599 sad recorded In CUmberland County 8leaox4w of heads ik 21WL BOOK 10, sage 124. Sbject to a 20 fact "CC*# aasetesat over Lot 2 witch will be shared equally for ingreau and t*xass for the ownexa of L01: 1 and 3 as shwas 00 00 Kral SubdivW4 PISS Herr 4MAY Ridge tAoofr'd•d $A flats Book 58, Pa?9e X24. The a4ntere of Lat ,]? and 2 will shty eq"lly in the 00illLtabaflee of the paved d 0mvi aattted on Lot 7. TAX MAP PARCEL NUMBER: 08-10-0628-002 BEING KNOWN AS 2115 Walnut Bottom Road, Carlisle, PA 17013 Being the same premises which Ronald L. Simmons and Sharon L. Simmons, husband and wife and Donald Neff and Sondra Neff, husband and wife, by deed dated the 12/29/2000, and recorded 1/2/2001 in the Office of the Recorder in and for Cumberland County in Deed Book 236, Page 1127, granted and conveyed to William Nieves a/k/a William A. Nieves, Jr. and Pamela Nieves a/k/a Pamela J. Nieves, in fee. Beneficial Consumer Discount Company d/b/a In The Court of Common Pleas of Beneficial Mortgage Company of Pennsylvani Cumberland County, Pennsylvania VS Writ No. 2007-3193 Civil Term William Nieves a/k/a William A. Nieves, Jr. and Pamela Nieves a/k/a Pamela J. Nieves R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Terrence McCabe. Sheriff s Costs: Docketing $30.00 Poundage 353.65 Law Library .50 Prothonotary 2.00 Levy 15.00 Surcharge 30.00 $431.15 ? >a?/tlo? So .Answers: R. Thomas Kline, Sheriff BY Real Estate S geant ? p a.5 PA tp710 /99-1so r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania COURT OF COMMON PLEAS Cumberland COUNTY Plaintiff V. William Nieves a/k/a William A. Nieves, Jr. and Pamela Nieves a/k/a Pamela J. Nieves Defendants Number 07-3193 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 2115 Walnut Bottom Road, Carlisle, PA 17013 (Tax Parcel #08-10-0628- 002), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Address William Nieves a/k/a William 115 S. Hanover Street A. Nieves, Jr. Carlisle, PA 17013 Pamela Nieves a/k/a Pamela J. 5412 Legene Lane Nieves Enola, PA 17025 2. 3 4. 5. Name and address of Defendants in the judgment: Name William Nieves a/k/a William A. Nieves, Jr. Pamela Nieves aWa Pamela J Nieves Address 115 S. Hanover Street Carlisle, PA 17013 5412 Legene Lane Enola, PA 17025 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania Address 419 Stonehedge Drive Suite 2 Carlisle, PA 17013 961 Weigel Drive Elmhurst, IL 60126 Attn: Foreclosure Department Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address V 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 2115 Walnut Bottom Road, Carlisle, PA 17013 P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August 20, 2007 McCABE, WE ANONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania vs. William Nieves a/k/a William A. Nieves, Jr. Pamela Nieves a/k/a Pamela J. Nieves Cumberland County Court of Common Pleas Number 07-3193 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: William Nieves a/k/a William A. Nieves, Jr. Pamela Nieves a/k/a Pamela J. Nieves 115 S. Hanover Street 5412 Legene Lane Carlisle, PA 17013 Enola, PA 17025 Your house (real estate) at 2115 Walnut Bottom Road, Carlisle, PA 17013 (Tax Parcel #08-10-0628-002) , is scheduled to be sold at Sheriffs Sale on December 5, 2007 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $237,182.43 obtained by Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania against you. NOTICE OF OWNER'S RIGHTS - YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) 11 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 2 4 If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C. at (215) 790- 1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL Mwas brad of Land situate in rickinvo s Torn phiip, Cumbarlnbd lkWtz9ty, Fgtansylvania?, bommled and described an ro3.low s. DEOrMXNG aG a point on the northerd dadicacAd right of way IMe of tha Walnut Bottom Road, Y,.n. 35, at the dividing line of Lots 2 and 2 as shown an the 1nareirisftor wtationed 9ubdi.vLaivn Plan, thence along Lot No. 1. North 36 deg--Cell 04 MinUte¦ 24 eecande Naat, a diukanot at 248.02 feet to a point at lardb r4W or goot'mexly Qf Linwood B. Phillfpa, O'r. at al.; thence airing said hands, Korth 59 dggraca 48 minutes 07 socande lout,. 4 dict&fted of 179.77 feet to a pvl.nt at Lbt No. 3; thence along Lot Ro. 3 80ttth 3G degrees 04 minUtea 24 Aooonds Rant, a di.etknee of 202.65 fd6t to a point: on the tiortha= Right of way line of Hal=t R*L-tom Road, L.R. 351 thence South 45 dOY"aa IS minutes 32 aedbdda Real, a dint&=* of 95.83 feet to a point:; thence 5eabh 44 dtgr6ee 44 minutba 33 ,ioaandis blest, a diabakito of 94.06 feet to a point, Wit Piked of ZIE072i21ZNG - gPXRO Lot no. .2 of !deal, 610bdivioian Plan of Soady Ugga dated tiebmuy ts, 3.999 and ravocded 14 Cumberland Couanty 3iecorcWr of Deada Zits 71wl U601t 88, gage 124. subject to a 20 foot aaacap aasemeat o"r Lot Z wtach will be uhared evolly fox "runs and egxwes for the ownsta bl Lot X and 2 an shown 00 Cleo Final Subdiviaid PIn fiar 6smdy Ridge recorded in P2&n Book SO, Page X24. Tbs ownesa of Get ,35 ad 2 will shit". equally in the mRintenance of the paved drivawkihAhcatad on Lot 2. TAX MAP PARCEL NUMBER: 08-10-0628-002 BEING KNOWN AS 2115 Walnut Bottom Road, Carlisle, PA 17013 Being the same premises which Ronald L. Simmons and Sharon L. Simmons, husband and wife and Donald Neff and Sondra Neff, husband and wife, by deed dated the 12/29/2000, and recorded 1/2/2001 in the Office of the Recorder in and for Cumberland County in Deed Book 236, Page 1127, granted and conveyed to William Nieves a/k/a William A. Nieves, Jr. and Pamela Nieves a/k/a Pamela J. Nieves, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-3193 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania Plaintiff (s) From William Nieves a/k/a William A Nieves, Jr. Pamela Nieves a/k/a Pamela J. Nieves (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $237,182.43 L.L. $0.50 Interest $4,171.93 $ Per Diem from 8/21/2007-12/05/2007 Atty's Comm % Due Prothy $2.00 Atty Paid $217.22 Other Costs Plaintiff Paid Date: August 24, 2007 (Seal) C . Long, P n LaryBy: Deputy REQUESTING PARTY: Name Terrence J. McCabe, Esq Address: 123 S. Broad Street, Suite 2080 Philadelphia, Pa. 19109 Attorney for: Plaintiff Telephone: (215)790-1010 Supreme Court ID No. 16496 JULOB.1as sg PON :X j;) tuajda :aj? S LOOZ 9 g S Q •uia.zaq pajuodaooui 3ou3.ia3az sigj ,?q puL, 1!jm sigj ql!m pain «V» Iigiuxg uo pagijosop XIInja iotu `alsiI zuD @ . ep `puoN tuouog InulvAk 511 Z su paaaquinu put, umoux Vd `f4unoD putljaquznD `digsumol uosuploiQ ui palunils Xpadozd Irw atIl ui isajolui s,lu-epuajap aql uodn painaljjliagS aql LOOZ `9 iagtuajdaS up 89 # OFS altllsg ILION l ?;?`