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HomeMy WebLinkAbout08-6546 Mortgage Co. of Pennsylvania 961 Weigel Drive :Cumberland County Elmhurst, IL 60126 Plaintiff V. Ward S. ManSbarger nc Kelly A. Mansbarger NO, ?"fjl??j L? 428 Prowell Drive Camp Hill, PA 17011 Defendant(s) ATTORNEY FOR PLAINTIFF Beneficial Consumer Discount :COURT OF COMMON PLEAS Company d/b/a Beneficial =CIVIL DIVISION UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 M. MINATO, ESQUIRE - ID #75860 VC RA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com COMPLAINT 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 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. CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsOudren.com UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 961 Weigel Drive Elmhurst, IL 60126 Plaintiff V. Ward S. Mansbarger Kelly A. Mansbarger 428 Prowell Drive Camp Hill, PA 17011 Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. COMPLAINT 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 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar 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 dafiende, 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 provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CIIYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom-the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have maw t& you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/A 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance' with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 428 Prowell Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Hampden Township COUNTY: Cumberland DATE EXECUTED: 12/15/04 DATE RECORDED: 12/17/04 BOOK: 1891 PAGE: 3483 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: i ? (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 9/15/08: Principal of debt due $127,109.33 Unpaid Interest at 8.48W from 5/20/08 to 9/15/08 (the per diem interest accruing on this debt is $29.53 and that sum should be added each day after 9/15/08) 10,561.72 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthlyy late charge of $50.55 should be added in accordance with the terms of the note each month after 9/15/08) 101.10 Attorneys Fees (anticipated and actual to 5$ o principal) 6,355,47 TOTAL $144,732.62 7. The attorney's fee 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 Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant (s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $144,732.62 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY :L/I W IZAj C-f.&41fflll t_,1 Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE i LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF GROUND SITUATE IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH' OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE CENTER LINE OF ORR'S BRIDGE ROAD AT THE LINE OF ADJOINER BEWTEEN LOTS 8 AND 9 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE SOUTH 72 DEGREES 3 MINUTES 36 SECONDS WEST 316.55 FEET TO THE LOW WATER MAKR OF THE CONODOGUINET CREEK; THENCE NORTH 11 DEGREES 52 MINUTES 32 SECONDS WENT BY THE LOW WATER MARK OF THE CONODOGUINET CREEK 73.80 FEET TO A POINT; THENCE BY SAME NORTH 14 DEGREES 16 MINUTES 4 SECONDS WEST 26.06 FEET TO A POINT; THENCE BY SOUTHERN LINE OF LOT NO. 11 NORTH 72 DEGREES 3 MINUTES 36 SECONDS EAST 312.86 FEET TO A POINT ON THE CENTER LINE OF ORR'S BRIDGE ROAD; THENCE BY THE LATER SOUTH 16 DEGREES 38 MINUTES 39 SECONDS EAST 15.92 FEET TO A POINT; THENCE BY SAME SOUTH 14 DEGREES 13 MINUTES 59 SECONDS EAST 83.58 FEET TO THE POINT AND PLACE OF BEGINNING. BEING LOTS 9 AND 10 ON THE PLAN OF FRED S. WEBER AS RECORDED IN CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 4 PAGE 101 AND MORE SPECIFICALLY SHOWN ON THE ATTACHED SURVEY FOR TERRY L. AND KATHLEEN S. SCHELL BY C. W. JUNKINS AND ASSOCIATES, WHICH LOTS CANNOT BE SOLD SEPARATELY WITHOUT TOWNSHIP APPROVAL. UNDER AND SUBJECT TO ALL ACTS OF ASSEMBLY, COUNTY AND TOWNSHIP ORDINANCES, RIGHTS OF PUBLIC UTILITY AND PUBLIC SERVICE COMPANIES, EXISTING RESTRICTIONS AND EASEMENTS, VISIBLE OR OF RECORD, TO THE EXTENT THAT ANY PERSONS OR ENTITIES HAVE ACQUIRED LEGAL RIGHTS HERETO. SAID PREMISES ARE ALSO CONVEYED UNDER AND SUBJECT TO THE FOLLOWING: 1. A 30' RIGHT OF WAY KNOWN AS PROWELL DRIVE SHOWN ON ATTACHED SURVEY ALONG THE BANK OF SAID CREEK FOR INGRESS AND EGRESS FOR ALL LOT OWNERS, NOW OR SUBSEQUENT THEIR TENANTS, USERS AND OCCUPIERS AND GRANTEES, FOR THEMSELVES, THEIR HEIRS AND ASSIGNS, ASSUME THE LIABILITY AT THEIR EXPENSE TO MAINTAIN IN ITS PRESENT CONDITION THAT SECTION OF SAID RIGHT OF WAY THAT CROSSES SAID LOTS 9 AND 10. 2. THERE SHALL BE NO SELLING OR MANUFACTURING UPON THE PREMISES. 3. THE RIGHTS OF LOT OWNERS ON SAID PLAN, NOW OR SUBSEQUENT AND ALL OTHERS, IF ANY, HAVING A LIKE RIGHT TO USE THE GRAVEL DRIVE SHOWN ON ATTACHED SURVEY CROSSING SAID PREMISES FROM PROWELL DRIVE TO ORR'S BRIDGE ROAD AND GRANTEES AT THEIR EXPENSE FOR THEMSELVES, THEIR %HEIRS AND ASSIGNS, ASSUME THE f LIABILITY TO MAINTAIN SAID GRAVEL DRIVEWAY IN ITS PRESENT CONDITION ON THAT SECTION OF SAME WHICH IS ON SAID LOTS 9 AND 10. September 22, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAMO EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIIVIIR SU HIPOTECA. Page 1 of 1 E '" ''B'r A 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: Ward S. Mansbarger _Kellv A. Mansbarger _____?^ _?_ _ 428 Prowell Drive CBmA Hill, PA 17011 71330300134255 Beneficial Consumer Discount Company _ Y HFC or BFC Entity on Mo. rtgage __ HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RF ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FOREC OSITRF ANn HELP YOT MAKF FiJTiJR MORTC.AS`F PAYMENT S IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE DACTO), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE 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 Oface-to-faceO meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING NUIST OCCUR WIT14 rT THF, NEXT (A DAY& IF YOU DO NOT APPI FOR FMFRCjrFNCY MORTGAGE ASSTSTANC'F._ YC)iT MTJST BRING YOUR MORTCTACTF UP TO i)ATF THE PART OF THIS W TO CT JR F YOUR MORTGACTF 1)FFAI Ji TO, MI AiNS 140W TO BRiNG YOUR MORT(TACTF iJP Tn i)ATF C'ONSTIME,R CREDIT COUNSELING AGENCIES _ If you meet with one of the 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 an telenhane numbem of desionted cnncumer credit counseling agenci es for the rnnnty in which the 3mVcztV is located are set forth at the end of this Nnticp. It is only necessary to schedule one face-to-face meeting. Advise your lender immediate] of your intentions. APPi.iC ATiON FOR MORTGAGE ASSISTANCE _ Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this 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 a 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 within thirty (30) days of your Page 2 of 2 face- to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER 71ME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACT TON - 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 proceedings 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. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO C'ITRE YOUR MORTGAGE DEFAlff,r (Rringenn to dgtg)- NATURE. OF TIE DEFATTIIT - The MORTGAGE debt held by the above lender on your property located at: 428 Prowell Drive Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $101095 for June-20,2008 through August 20.2008 =$3032.85 Monthly Late Charges of $50.55 for June 20, 2008 through August 20, 2008 = $151.65 Other charges (explain/itemize): _ Partial Payment = $689.95 _TOTAL AMOUNT PAST DUE: ?`_?? =74A5- B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Dn not use if not =rml_i .cable): hU HOW TO C'IRE. THE. DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 13874-45 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa=L-nts mutt he made either by rash, cashier'c ch k, certified chi k or money order made pa3lahle. and cent tn* You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not a*i l nahle}: h" Page 3 of 3 IF YOU DO NOT rrroE THE DEFAULT _ If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mndag debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to forecinse upon,your mol (gaged lirnswrty- IF THE. MORTGAGE iS FORFC'L OSFD LIPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If 3= enre the default within th TRMTV CIO DAY nerind- You will not h required to pay attorney's fee ' OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CITRE. THE DFFALTL T PRIOR TO SHERLFF'S SAT ri' - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, y nu still have the right to cure the de t t e sa a at any time up to one hour h fore the Che:. s Rgle You + - nnI paying the total amount then nacnt diiPr lac a y late nr Other charges then due reasonable attorn 'y's fees and casts cannected with the fore closure cal and any Other nets conne&ed 4 the 4herifr"c. in writing c by-the-lender an v rmi g any Other ret=LirPmPnt? ,.ndPr the mortgage. 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. F.ARL IFST POSSIBLE SHERIFF'S e A r F D A TF - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately months from the date of this 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. Name of Lender/Servicer: HSBC Consumer Lending Address: _ _ _ _ 961 Weigel Drive - -...Elm hurstLIL 60126 Phone Number: _ 1-88&245-9318 - - -- -- -----_?_ Fax Number: __L-_630417-1145 Contact Person: Customer Service -- -- EFFECT OF SIIERiEF'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 after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSIMIMON OE MORI AGF - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 4 i 11 . NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 A I ', • 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 ACTING 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 ASSERT 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 ACT10N BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 .. . E k R T lifted Mail Provides: mailing receipt unique Identifier for your malipiece record of delivery kept by the Postal Service for two years PrbW AlaiNndws: Nulled Mail may ONLY be combined with First-Class Mails or Priority Mail. arNNed Mail is not avallable for any class of international mail. D INSURANCE COVERAGE IS PROVIDED with Certified Mail. For luables, please consider Insured or Registered Mail. )r an additional fee a R@Wm Rece(pt may be requested to provide proof of slivery. To obtain RR;rn Receipt service, please complete and attach a Return 3ceipt (PS Form 38111 to the article and add applicable postage to cover the Endorse mailpiece Return Receipt Requested'. To receive a fee waiver for duplicate return receipt, a USPSO postmark on your Certified Mail receipt is quired. )r an additional fee, delivery may be restricted to the addressee or Idressee's authorized agent. Advise the clerk or mark the maiipiece with the idorsement 'Restfkted Delivery'. a postmark on the Certified Mail receipt is desired, please present the arti- e at the post office for postmarking. If a postmark on the Certified Mail ceipt is not needed, detach and affix label with postage and mail. ORTANT, Save this receipt and present it when making an Inquiry. Dmi 3800, August 2006 (Reverse) PSN 7530.02-000-9047 C0 .B m ru ra cc r%- C3 0 C3 O O O ru O M' r% a C3 r%- -I If" 2 bt N I_ • C+'7 W 01 w °o C7 04 (3) CD Co ?.i. ? Q z ?N,00 4?4 0) v a aalseH G 0 W C7 fU O O O O O 0 M ru ;W ? r .!z L) Ul C3 m CL: 4 p co cr- LL C ? Z 0 Oa= U O r cr- LU p 0 r V 7 O O N 3 -1 o ? OR OQ ?3 4 , I 4 w 7 j fled Mail Provides: sailing receipt nklue identifier for your matipieoe 3cord of delivery kept by the Postal Service for two years Cant Reminders; tidied Mail may ONLY be combined with First-Class Mails or Priority Mail. ti tlfied Mail is not available for any class of international mail. INSURANCE COVERAGE IS PROVIDED with Certified Mail For tables, please consider Insured or Registered Mail. an additional fee, a Return Receipt ma be requested to provide proof of eipt (PS ry. To obtain R; 38112 to the particle ii;!i t service add complete andattach a Return .,e Endorse malipiece 2 Return Receipt Requested 1. To rrer ive postage feeowa cover waiver for 'plicate return receipt, a USPSe postmark on your Certified Mail receipt is an additional restri the address ssee's authorized ague t Adv se the clerk or?mark the maiipiece wieth the orsement Restricted Delivery. postmark on the Certified Mail receipt is desired, please present the art! 3t the post office for postmarking. If a postmark on the Certified Mail lipt is not needed, detach and affix label with postage and mail. iTANT: Save this receipt and present it when making an inquiry. 13800, August 2006 Move s&) PSN 7530-02-000-9047 17 ru S ru r9 co r_ O O O O O O ni 0 m M1 O O N 1 f Z M a t, . r • 4 P J+ ,r C) ' OD 80 cy) C, N Z Q) N N ` Q) LL G ?. C w 0 ti .a C 0 0 0 a ru ?...?? ru -0 Z 0U3pcn a, c? a g L" a LL:p:?J J Cl 3: gN0 C3 L) cc °° 0 o° a C V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: L,L W ( 146 ( Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ?7 rg? T J ? Cn ?C?3 ..`?` =2C '? `'t SHERIFF'S RETURN - REGULAR x CASE NO: 2008-06546 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENIFICIAL CONSUMER DISCOUNT VS MANSBARGER WARD S ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MANSBARGER WARD S the DEFENDANT , at 2019:00 HOURS, on the 12th day of November , 2008 at 428 PROWELL DRIVE CAMP HILL, PA 17011 by handing to KELLY MANSBARGER, SPOUSE 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 13.00 Affidavit .00 Surcharge 10.00 00 4/4 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 11/13/2008 UDREN LAW OFFICES By: Deputy Sheriff A. D. 1 ? CASE NO: 2008-06546 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENIFICIAL CONSUMER DISCOUNT VS MANSBARGER WARD S ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MANSBARGER KELLY A the DEFENDANT , at 2019:00 HOURS, on the 12th day of November-, 2008 at 428 PROWELL DRIVE CAMP HILL, PA 17011 KELLY MANSBARGER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 )?J?9'GS ? 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/13/2008 UDREN LAW OFFICES By : bK_ Deputy Sheriff of A. D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Beneficial Consumer Discount =COURT OF COMMON PLEAS Company d/b/a Beneficial =CIVIL DIVISION Mortgage Co. of Pennsylvania :Cumberland County Plaintiff V. NO. p$- (oS?(p Ward S. Mansbarger Kelly A. Mansbarger Defendant PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above DISCONTINUED WITHOUT PREJUDICE. DATED:November 21, 2008 UDR L ICP. C. BY: Attorney laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ?' z - , i .. 4 ?